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Al <br />RESOLUTION 09-077 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />XSOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF <br />TRANSPORTATION FOR NEW BRIGHTON PROJECT 10-3, SILVER LANE <br />DNSTRUCTION FROM MINESOTA RULES 8820.9936 GEOMETRIC DESIGN STANDARDS <br />TO INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE VARIANCE <br />WHEREAS, the City of New Brighton has planned the improvement of Silver Lane, State Aid <br />Rau No. 147-120-003 from station 35+89.12 (Silver Lake Road) to station 60+00.00(16 1h Avenue SW) <br />in Cities of New Brighton and St. Anthony in Ramsey County, Minnesota; and, <br />WHEREAS, New Brighton will be expending municipal state aid funds on the improvements of this <br />and, <br />WHEREAS, this project will not be eligible for municipal state aid funds unless it is constructed to <br />state aid standards for a low speed urban horizontal curve design, 30 mph design speed or unless a <br />.e is granted; and, <br />WHEREAS, this improvement does not provide adequate road right-of-way to provide for the <br />horizontal alignment requirement as outlined on Fig. A(3) 5-892.211 of the State Aid Manual; and approval <br />of the proposed construction as a Municipal State Aid Street project must therefore receive a variance from <br />the innesota Rules for State Aid Operations Chapter 8820. <br />THEREFORE BE IT RESOLVED, by the City Council of the City of New Brighton: <br />1. T�e request for a variance to Minnesota Rule 8820.9936 is authorized, to allow a 20 mph horizontal <br />rve in lieu of the required minimum 30 mph between station 57+18.05 and station 58+43.61. <br />2. ould the Commissioner grant the variance, the City of New Brighton hereby agrees to indemnify, save, <br />d hold harmless the State of Minnesota and its agents and employees of and from any all claims, <br />demands, actions or cause of action arising out of or by reason of the granting of the variance and the <br />ty further agrees to defend at its sole cost and expense any action or proceeding begun for asserting <br />gily claim of whatever character arising as a result of granting of the variance. <br />ATT <br />Dara <br />rsii`ec <br />this of 24th day of November, 2009. <br />IN <br />x -,-%f Finance aild Support Services <br />