Loading...
09-165Council File # by__ �� Green Sheet # p L,Ip �j� RESOLUTION CITY OF SA{NT PAUL, MINNESOTA ��es�� �� - -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 / lo WHEREAS, the Ciry of Saint Paul is working to implement the Como Avenue Bike Lanes project; and, WHEREAS, the project will implement on-sheet bicycle facilities on Como Avenue (MSAS 121) between Raymond Avenue and the west limits of the Ciry without disturbing the existing roadway; and, WHEREAS, the Como Avenue Bike Lanes project is fully funded by a�ant from Transit for Livable Communities (TLC); and, WI�EREAS, the TLC �ant comes out of the federal Non-motorized Transportation Pilot program of SAFTEA-LU; and, WHEREAS, State Aid rules apply to projects that use Municipal State Aid System (MSAS) funds; and, WHEREAS, MSAS funds will be utilized on the Como Avenue Bike Lanes project in the event that funds over and above the federal appropriation aze needed; and, WHEREAS, some of the design elements proposed do not conform to State Aid Rules due to existing roadway constraints; and, WHEREAS, a variance from State Aid Rules is necessary in order to use State Aid Funds; and, WFIEREAS, Minnesota Rule 8820.9995 and the Minnesota Depardnent of Transportation Bikeway Facility Manual (Manual) govern installation of bicycle faciliries; and, WHEREAS, the Manual requires 6' bike lanes; and, WFIEREAS, it is proposed to construct a 5' wide bike lane the entire length of the project; and' WHEREAS, Minnesota Rule 8820.9936 requires an 8' parking lane; and WfIEREAS, it is proposed to construct a 7' wide parking lane the entire length of the project; and, GVHEREAS, the Commissioner of the Minnesota Department of Transportation requires that the City of Saint Paul adopt a resolurion indemnifying saving and holding hannless the State of Minnesota from any claims azising out of granting a variance; and, WHEREAS, the City of Saint Paul has no oprion available to it to receive the variance requested unless it wmplies with the requirement of the Commissioner of Minnesota Department of Transportation; now, therefore be it RESOLVED, that the Saint Paul City Council hereby authorizes the City Engineer to request a variance from the Minnesota Department of Transportation Bikeway Design Manual to allow a S bike lane; and be it further RESOLVED, the Saint Paul City Council hereby authorizes the City Engineer to request a vaziance from the Minnesota Rule 8820.9936 and the Manual to allow a T wide parking lane; and be it further 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 RESOLVED, that as the sole condition to receiving a variance from the provisions of State Aid Rules Secrion 8820.9936, 8820.9995 and the Manual, the Saint Paul City Councfl does hereby agree to indemnify, save and hold harmless the State of Minnesota and its a�ents and employees of and from any and all claims, demands, actions, or causes of acrion arising out of or by reason of the construcrion of the Como Avenue Bike Lanes project in any other manner than as in accordance with Minuesota Rules 8820.9936, 8820.9995 and the Manual and fiuther agrees to defend at tl�eir sole cost and eacpense any action or proceeding commenced for the purpose of assertin� any claim of whazsoever character arisin� as a result of the granting of this variance. Bosh�om Carter Hazris Yeas Requested b eparhnent o � Public or es �-�—_'" By: Approved by the Office of Financial Services Stark Thune Adopted by Council: Date ✓ Adoprion Certified by Cound Secretary By: � � � App o ayor• ate � v� By- By: Approved by City Attorney By: /S , /f� �� Approve M or f ubmis o ouncil By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lepartmentlOffice(Council: I Date lnitiaYed: " � ✓' "` " PW_PublicWorks i 26-JAN-09 Green Sheet NO: 3066364 David Kue 266-6217 8 Phone: y Assign Number For Routing Order 0 1 2 3 4 5 Must Be on Council Agenda by (Oate): 18-FEB-09 Doc. Type: RESOLUTION E-Document Required: Y Document Contact: David Kuebler Contad Phone: 266-6217 =����'V�� J�1� ? � Totai # of Signature Pages _(Clip All Locations for Signature) Action Requested: Passage of tt�e attached Variance Resolurion for the Como Avenue Bike Lanes pxoject, S.P. 164-091-02 and Saint number 08 Recommendations: Approve (A) or Rejed (R): Planning Commission CIB Committee - Civil Service Commission Personal Service Contracts Must Answer the Following Questions: '1. Has this person/firm ever worked under a contract For this departmeM? Yes No 2. Has this persoNfirm ever been a ciTy employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ' Due to existing roadway constraints, strict adherence to State Aid Standards cannot be achieved. As such, a variance is being sought from State Aid Rules. The attached resolurion is needed to meet the requirements established by State Aid Rule 88203300. That Rule must be followed for variance requests on projects that cannot meet State Aid Standazds. Advantages If Approved: Project moves forwazd to conslrucrion. Disadvantages If Approved: None. DisadvanWges If NotApproved: Project does not move forwazd and federnl funds aze not realized. Total Amount of Transaction: Funding Source: Cost/Revenue Budgeted: Fi nancial Infortnation: (Explain) Activity Number: January 26, 2009 3:23 PM Page 1