09-166Council File # 09- / _i0�j
Green 5heet # '�jp �,� 3b`�
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented try
��
WHEREAS, the City of Saint Paul is workin� to implement the Marshall Avenue Bike Lanes project; and,
WHEREAS, the project will implement on-street bicycle faci(ities on Marshall Avenue (CSAH 35) between Mississippi River
Boulevard (MRB) and Crerin Avenue; and,
WHEREAS, the Marshall Avenue Bike Lanes project is funded in part by a federal �ant from Transit for Livable Communities
(TLC� �a,
WHEREAS, the TLC �ant comes out of the federal Non-motorized Transportation Pilot pro�am 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 Marshall Avenue Bike Lanes project in the event that funds over and above the
federal appropriation are needed; and,
WHEREAS, Marshall Avenue is a Ramsey County State Aid Highway and the Ramsey County Engineer is supportive of this
project;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,
WHEREAS, Minnesota Rule 8820.9936 requires a 10' pazking lane; and,
WIIEREAS, it is proposed to construct a T wide pazking lane on the south side of Marshall Avenue the entire length of the
project;and,
WHEREAS, Minnesota Rule 8820.9995 and the Minnesota Deparhnent of Transportation Bikeway Facility Manual (Manual)
govern installation of bicycle facilities; and,
WHEREAS, the Manual requires 7' bike lanes on a roadway with the volume of traffic and posted speed limit of Marshall
Avenue; and,
4VHEREAS, it is proposed to construct a 6' wide bike lane for eastbound Marshall Avenue the entire lena h of the project; and
WHEREAS, it is proposed to construct a 13' wide outside travel lane for westbound Mazshall Avenue the entire length of the
project; and,
WI IEREAS, the Commissioner of the Minnesota Depamnent of Transportation requires that the City of Saint Paul adopt a
resolution indemnifying, saving and holding harmless the State of Minnesota from any claims out of granting a vaziance; and,
WHEREAS, the City of Saint Paul has no opfion available to it to receive the variance requested unless it complies with the
requirement of the Commissioner of Minnesota Department of Transportation; now, therefore be it
RESOLVED, the City of Saint Paul City Council hereby authorizes the City Engineer to request a variance from Minnesota
Rule 8820.9936 to allow a 7' wide parking lane on the south side of Marshall Avenue; and be it fiuther
RESOLVED, the Saint Paul City Council hereby authorizes the City Engineer to request a vaziance from the Minnesota Rule
8820.9995 and the Manual to allow a 6' bike lane; and be it further
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RESOLVED, the Saint Paul Ciry Council hereby authorizes the City Engineer to request a variance from the Minnesota Rule
8820.9995 and the Manual to allow a 13' wide outside lane, and be it further
RESOLVED, tUat as the sole condition to receiving a variance from the provisions of State Aid Rules Secfion 8820.9936,
8820.9935 and the Manual, the Saint Paul City Council does hereby agree to indemnify, save and hold harmless the State of
Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or
by reason of the construction of the Marshall Avenue Bike Lanes project in any other manner than as in accordance with
Minnesob Rules 8820.9936 8820.9995 and the Manual and further agrees to defend at theu sole cost and expense any acrion or
proceeding couunenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this
variance.
Bostrom
Carter
Hams
Stark
Thune
✓
Adopted by Councii: Date
Adoprion Cert by Co ' 'I Secretary
By� /l//nie/�,.��so�r
Approv,fl-b,v • Date O
By: lX% �
Requested by epartment of:
Public W cs
B
Approved by the Office of Financial Services
By:
Approved by Ciry Atto ey /�
By: /Sn� �� U/�f7�/
Approved a orfo ubmi i Coun '
f
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
)epartmentlOffice/Council: Date Initiated: D � J' � �
PW_PublicWorks 26-,7qN-09 Green Sheet NO: 3066362
Contact Person & Phone:
David Kuebler
266-6217
Must Be on Council Agenda by {Date):
18-FEB-09
Doc. Type: RESOLUTION
E-Document REquired: Y
Document Contact: David Kuebler
Contact Phone: 266-62'17
�
AsSign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
: ������E�
��� 2 � 2�D9
Passage of the attached Variance Resolution for the Marshall Avenue Bike Lanes project, S.P. 164091-OS and Saint Paul project
number 08-P-1336.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personai Service Contracts Must Answer the Following Questions:
1. Has this person/firm everworked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Due to exisfing roadway constraints, strict adherence to State Aid Standazds cannot be achieved. As such, a variance is being sought
from State Aid Rules. The attached resolution 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 Standards. '
Advantages if Approved:
Project moves forwazd to construc6on.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Project does not move forwazd and federal funds aze not realized.
Total Amount of
Trensaction:
Funding Source:
F i nancial Information:
(Explain)
CostlRevenue Budgeted:
1 blicWorks I� DeoartmentDirector I!� 1-z�'
Activity Number:
January 27, 2009 1:06 PM Page 1