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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />A RESOLUTION REQUESTING A DESIGN VARIANCE FROM <br />STANDARDS FOR STATE AID OPERATIONS <br />KEATS AVENUE NORTH MSA STREET IMPROVEMENTS <br />STATE 1'',iJECT 206-105-002 <br />WHEREAS, the City of Lake Elmo is preparing plans for State Aid Project 206-105-002, the <br />reconstruction of Keats Avenue North, from 47th Street North to Trunk Highway 36, a <br />Municipal State Aid designated roadway; and <br />WHEREAS, Minnesota Rules for State Aid Operation 8820.9920 require 12 -foot lane widths, 6 <br />foot shoulders, and a 30 foot recovery area, for MSAS Rural Reconstruction Projects with <br />projected ADT greater than 1,500; and <br />WHEREAS, Minnesota Rules for State Aid Operation 8820.3300 provides that a political <br />subdivision may request a variance from the Rules; and <br />WHEREAS, the City is requesting design variances from standard to allow for 11 -foot lane <br />widths, 5 foot shoulders, and a 15 foot recovery area to allow for a more context sensitive <br />roadway; that better fits the roadway within the limitations and constraints of its adjacent terrain; <br />avoids significant project cost increases that would be required to retrofit the roadway drainage <br />system, in -slopes, and back slopes for the added recovery area; and avoid significant additional <br />costs for right-of-way acquisition. <br />NO'V'6', THEREFORE BE IT RESOLVED, that the City Council hereby requests a design <br />variance from the Minnesota Department of Transportation State Aid Operations Rules Chapter <br />8820.9920 (Minimum Resign Standards; Rural and Suburban Undivided; New or Reconstruction <br />Projects) to allow 11 -foot lane widths, 5 foot shoulders, and a 15 foot recovery area in lieu of 12 - <br />foot lane widths, 6 foot shoulders, and a 30 foot recovery area; <br />BE IT FURTHER RESOLVED, that City Council hereby indemnifies, saves and holds <br />harmless the State of Minnesota and its agents and employees of and from claims, demands, <br />actions, or causes of action arising out of or by reason of the granting of the variance. The City <br />further agrees to defend at its sole cost and expense any action or proceeding commenced for the <br />purpose of asserting any claire arising as a result of the granting this variance. <br />Resolution No. 2012-005 <br />