88-002 RES
.
RESOLUTION 88- 2
WHEREAS the City of Elk River has requested the Minnesota Commissioner of
Transportation to grant a variance from the design standards of
Minnesota Rules Part 8820.9916, to authorize a traffic aisle width
of 22.2 feet on Jackson Avenue; and
WHEREAS on December 23, 1987, the Commissioner of Transportation granted
the requested variance upon the condition that the City agree to
defend and indemnify the State of Minnesota from any claim arising
as a result of the granting of the variance; and
WHEREAS the City Council finds that it is in the best interests of the
City of Elk River to accept the variance upon the condition
stated.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk
River, Minnesota as follows:
.
1. The City of Elk River agrees to indemnify, save and hold harmless
the State of Minnesota and all its agents and employees of and
from any and all claims, demands, actions or causes of actions of
any nature or character arising out of or by reason of in any
manner, the reconstruction of MSAS 104 (Jackson Avenue) from Main
Street to Trunk Highway 10 in any other manner than as a street
with 45 degree diagonal parking and a traffic aisle width of 25.5
feet in accordance with the Minnesota Rule part 8820.9916 and
further agrees to defend at its sole cost and expense any action
or proceeding commenced for the purpose of asserting any claim of
whatsoever character arising as a result of the granting of the
22.5 feet traffic aisle variance.
Done at a regular meeting of the City Council at the City of Elk River this
4th day of January, 1988.
n"lbc\~~~f
~e E. Gunkel, Mayor
ATTEST:
,:rid R a/c~
Patrick D. Klaers
City Adminstrator
.