277088 WNITE - CITY CLERK
PINK - FINANCE �'�
CANARY - DEPARTMENT G I T Y O F S A I N T PA U L COUtICll 2��ag�
BLUE - MAYOR File N O.
ou 'l e uti n ''
Presented By
Referred To Committee: Date {
Out of Committee By Date -
I
WHEREAS, The City of Saint Paul has requested that the Depart-
ment of Transportation grant a variance from the State 's standards
for design of urban roadways for the reconstruction of Johnson i
Parkway between Minnehaha and Prosperity Avenues; and
WHEREAS, The Commissioner of the Department of Transportation �,
has by letter notified the City that the request for a variance has
been granted upon condition that the City Council of the City of ,
Saint Paul adopt a resolution indemnifying, saving and holding '
harmless the State of Minnesota from any claims arising out of
the granting of this variance; and ,
WHEREAS, The City has no other option available to it to I
receive the variance requestec� unless it complies with the demands ,
of the Commissioner of the Department of Transportation; now, �
therefore, be it
;
RESOLVED, That as the sole condition to receiving a variance �
from the provisions of State Aid Rules 14 MCAR �1.5032 H, l, C,
the Council of the City of 5aint Paul does hereby agree to indemnify,
save, and hold har�nless the State of Minnesata and all of its
agents and employees from any and all claims, demands, actions,
or causes of actions of whatsoever nature or character arising out I
of ar by reason of in any manner the reconstruction of Johnson '
Parkway from East Seventh Street to Prosperity Avenue, the said
claims arising out of the said construction being in any other
manner than as a 52 foot wide curb to curb street in accordance
with the Minnesota State Aid Construction Standards to be found in
the rules of the Minnesota Department of Transportation 14 MCAR !
�1.5032, or arising as a result of the Commissioner' s decision to
grant this variance.
i
�
COUNCILMEN Requestgd by Department of: ��—
Yeas Nays II
Hunt
Levine In Favor
#I�ddex
McMahon d B �
snowalter - __ Against Y
Tedesco
Wilson ��� � 1981
Form Approv y ty orney I
Adopted by Council: Date — '
Certified ;sed by Coun �l Secretar BY � �
%
�
� f
r � ��
Appro d by ;�layor. D te _ � Appr ve yjM y�or for Su s' o Council
By _ BY
�g Ep UL 1 ��- '
�
OM Ot : 12l1975
. , . - . Rev: 9/8/76
• � - '► EXPl.ANAT 10N 0�' DM I N i STRAT I VE dRDERS,
RESOLUTIDN AND QRUINANGES
. -- _ ��.
Date: JLAdE 23. 1981 . �����.'"""��
_ �rl'6W ����,��
T0: MAYOR GEORGE LAT I MER �AYQR���'F/� -
�
FRi THOMAS KtTHFELD (292-6277)
RE: P-0559B1 JOI�iSON PARKWAY PAVING
(Minnehaha Avenue to Prosperity A nue) .
.
ACTION REQUESTED:
This Resolution is a "hold harmle s clause" that Mn/DOT requires before they
will gxant the Variance to State tandards for the width we want to build
Johnson Parkway. It holds the St te harmless for letting us build a portion
of Johnson Parkvray 44' wide rathe than the 52' standard.
PURPOSE AND RATIONALE FOR THIS ACTION:
This project has been through the C.I.B. process. The Gouncil authorized
the "Request for Variance" by Re lution C.F. #276636. This is required
to proceed with the project. �
FISCAL IMPACT:
This will have no fiscal impact less the State qets sued for granting the
Variance. This is considered hig y unlikely.
ATTACHMENTS: '
Resolution