09-165Council File # by__ ��
Green Sheet # p L,Ip �j�
RESOLUTION
CITY OF SA{NT PAUL, MINNESOTA
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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
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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
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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
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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