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RES 24-33CITY OF ELK RIVER, MINNESOTA RESOLUTION NO. 24-33 A Resolution Requesting a Variance from Standard for State Aid Operation for Project No. S.A.P. 204-117-002, S.A.P. 204-118-002, S.A.P. 204-136-002. WHEREAS, the City of Elk River is preparing plans for the reconstruction of Dodge Avenue NW (MSA Route 118), 5th Street NW (MSA Route 117), and Line Avenue NW (MSA Route 136) from 600' North of 5a' Street NW to 100' South of Xavier Circle; and WHEREAS, Minnesota Rules for State Aid Operation 8820.9936 (Minimum Design Standards, Urban; New or Reconstruction Projects) requires the horizontal alignment to be designed to a minimum speed of 30 miles per hour; and WHEREAS, the reasons for this variance request are to keep this curve consistent with the two curves to the North on Dodge Avenue which are already designed for 25 miles per hour. This variance would also minimize the amount of right-of-way that needs to be purchased on the NE corner of Dodge Avenue NW and 5th Street NW. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ELK RIVER, MINNESOTA AS FOLLOWS; that ( 1. The City Council does hereby request a variance from the Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.9936 Minimum Design Standards, Urban; New or Reconstruction Projects to allow a 25 MPH curve at the intersection of Dodge Avenue NW and 5t' Street NW in lieu of a 30 MPH curve, and 2. The City Council hereby indemnifies, saves and hold harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of (project descriptions) in accordance with Minnesota Rules 8820.9936 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting this variance. Adopted by the Elk River City Council this 17"' day of June, 2024 CITY OF ELK RIVER, MINNESOTA r By: yor ATTEST: By. City Clerk