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CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-088 A RESOLUTION REQUESTING A VARIANCE FOR FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION FROM MINNESOTA RULES 8820.9936 GEOMETRIC DESIGN STANDARDS AND TO INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE VARIANCE FOR THE RECONSTRUCTION OF SILVER LANE WHEREAS, the City of St. Anthony has planned the improvement of Silver Lane, State Aid Route No. 161- 108-002 from station 35+89.12 (Silver Lake Road) to station 60+00.00 (16°i Avenue SW) in the Cities of New Brighton and St. Anthony in Ramsey County, Minnesota; and, WHEREAS, the City of St. Antony will be expending municipal state aid funds on the improvements of this Sheet; and, WHEREAS, this project will not be eligible for municipal state aid funds unless it is constructed to urban state aid standards for a low speed urban horizontal curve design, 30 mph design speed or unless a variance is granted; and, WHEREAS, this improvement does not provide adequate road right-of-way to provide for the horizontal alignment requirement as outlined on Fig. A(3) 5-892.211 of the State Aid Manual; and approval of the proposed construction as a Municipal State Aid Street project must therefore receive a variance from the Minnesota Rules for State Aid Operations Chapter 8820. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of St. Anthony: 1) The request for a variance to Minnesota Rule 8820.9936 is authorized, to allow a 20 mph horizontal curve in lieu of the required minimum 30 mph between station 57+18.05 and station 58+43.61. 2) Should the Commissioner grant the variance, the City of St. Anthony hereby agrees to indemnify, save, and hold harmless the State of Minnesota and its agents and employees of and from any all claims, demands, actions or cause of action arising out of or by reason of the granting of the variance and the City further agrees to defend at its sole cost and expense any action or proceeding begun for asserting any claim of whatever character arising as a result of granting of the variance. Adopted this 24th day of November, 2009. ATTEST: City Clerk Reviewed for administration: Mayor City Manager Z:ICouacil Meelings120091111410091Res Variance for 1010 SI Imp Pro. doc 20