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City of <br /> Elk <br /> River <br /> Resolution 14- <br /> A Resolution of the City of Elk River Requesting a Variance from Standard <br /> for State Aid Operation for Project No. S.A.P. 204-135-001 <br /> WHEREAS, the City of Elk River is preparing plans for 165`h Avenue NW from 1145' <br /> east of TH 10 to Jarvis Street and Jarvis Street NW from 165"'Avenue NW to TH 10; and <br /> WHEREAS, Minnesota Rules for State Aid Operation 8820.9936 specifies that a 30 miles <br /> per hour (MPH) design speed be obtained for collectors or locals with an ADT<10,000; and <br /> WHEREAS, the reasons for this variance request are to reduce wetland impacts and prepare <br /> for the proposed roadway extension of Jarvis Street NW as shown in the City of Elk River's <br /> 2014 Comprehensive Plan.To achieve this,a 25 MPH curve must be utilized on one curve at <br /> the intersection of 165`''Avenue NW and Jarvis Street NW. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br /> River,Minnesota, as follows: that the City of Elk River City Council does hereby request a <br /> variance from the Minnesota Department of Transportation State Aid Operations Rules <br /> Chapter 8820.9936 Minimum Design Standards,Urban:New or Reconstruction Projects to <br /> allow a 25 MPH curve at the intersection of 165`''Avenue NW and Jarvis Street NW in lieu of a <br /> 30 MPH curve. <br /> NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Elk River City <br /> Council hereby indemnifies, saves,and hold harmless the State of Minnesota and its agents and <br /> employees of and from claims,demands,actions,or causes of action arising out of or by reason <br /> of the reduction in curve design speed from 30 MPH to 25 MPH in accordance with Minnesota <br /> Rules 8820.9936 and further agrees to defend at their sole cost and expense any action or <br /> proceeding commenced for the purpose of asserting any claim arising as a result of the granting <br /> this variance. <br /> Passed and adopted this 17''day of November, 2014. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City Clerk <br /> P O w E R E U 9 1 <br /> 1`4 U <br />