277201 WNITE - CITYCLERK �r /����
PINK - FINANCE l- �
CANARY - DEPARTMENT G I T Y O F SA I N T PA U L COUi1C1I ��r a
BL.UE - MAYOR �
File N 0.
uncil esolution
Presented By � ��
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City of Saint Paul has requested that the Depart-
ment of Transportation grant a variance from the State 's standards
for design urban roadways for the reconstruction of White Bear
Avenue between the Chicago & Northwestern Railroad and Larpenteur
Avenue; and
WHEREAS, The Commissioner of the Department of Transportation
has by letter dated June 2 , 1981 notified the City that its request
for variance has been granted conditioned upom the City Council
adopting a resolution indemnifying, saving and holding harmless
the State of Minnesota from any claims which might arise out of the
granting of this variance; and
WHEREAS, The City has no other optic�n available to it other
than to comply with the demand made by the Commissioner af the
Department of Transportation if the variance sought is to be granted;
now, therefore, be it
RESOLVED, That in compliance with the demand made by the Com-
missioner of the Department of Transportation and as a sole condition
to receiving a variance from the provisions of State Aid Rules 14
MCAR § 1.5032 H, 1, C, the Council of the City of Saint Paul does
hereby agree to indemnify, save and hold harmless the State of
Minnesota 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 of or by reason of in any manner, the
reconstruction of White Bear Avenue between the Chicago Northwestern
Railroad and Larpenteur Avenue in any other manner than as a 50 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.
COUNCILMEN
Yeas Nays Requestgd by Department of:
Hunt � Pub ' Wox'ks
�►N+t [n Favor —
Maddox
McMahon
�,�i�� � _ Against BY
Tedesco
Wilson
J U L 2 8 1981 Form Approved y Ci Attor
Adopted by Council: Date
Certified a•s d by Cou il S ta BY
B�
.
Approved vor: Dat U L 3 0 1981 Appcoved b a for Submission to Council
r By gy
BttSNEO AU G 8 1�81
� ' ' � OM O1 : 12/1975
. . Rev. : 9/8/76
.
Rev. : 5/7�80
EXPLANRTION OF ADMIF!lSTRATIVE ORDERS, Rev. : 4/30/81
RESOLUTIOP�S AND ORDINANCES ���
�
DATE: JULY 8, 1981
T0: MAYOR GEORGE LATIMER
FROM: THOMAS KUHFELD (292-6277) �
RE: P-0306B WHITE BEAR AVENUE from C.N.W. Railroad to Arlington Avenue
ACTlON REQUESTED:
This Resolution is a "hold harmless clause" that Mn/DOT requires before they will
�grant the Variance to State Standards €or the width we want to build TiThite Bear
Avenue. It holds the State harmless for letting us build it 44' wide ratkier than th
52' standard.
PURPOSE AND RATIONALE FOR THIS ACTION: --
� This project has been through the C.I.B. process. The Council authorized the �
"Request for Variance" by Resolution C.F. �276614. This is required �o proceed
With the project.
FINANCIAL IMPACT:
Thi,s pill have no fiscal impact unless the State qets sued for qranting the
Variance. This is considered highly unlikely. •
ATTACHMENTS: � _
Resolution