5.7. SR 05-16-1994
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CONSULTING ENGINEERS
CIVIL ENGINEERING:
ENVIRONMENTAl
MUNICIPAL
PLANNING
STRUCTURAL
__ SURVEYING
TRAFFIC
TRANSPORT A nON
1326 Energy Park Drive
St. Paul, MN 55108
612.644.4389
Fax: 612.644-9446
_800 Shelard Parkway
Minneapolis, MN 55441
612.546.0432
Fax: 612.544.6398
AGENDA ITEM 5.7.
MA'I - 2 \99\
April 29, 1994
File: 230-216-20
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: JACKSON AVENUE VARIANCE
Dear Mr. Klaers:
As you are aware, the MnDOT Variance Committee recommended to the Commissioner of
Transportation the granting of a variance to the City of Elk River to authorize utilization of
turnback funds for the reconstruction of Jackson Avenue and School Street to Trunk
Highway 169. Attached is a copy of the letter dated April 14, 1994, from Edwin H.
Cohoon, Deputy Commissioner, officially approving the City's variance request. One
contingency on! this variance request as with all approved variances is that the City must pass
a resolution indemnifying, saving, and holding harmless the State of Minnesota for any
actions arising out of the reconstruction of Jackson A venue relative to this variance request.
This is a typical requirement of MnDOT on all approved variances. Attached for the City
Council's consideration is a draft resolution which meets these requirements.
~.
Once the City Council has considered and adopted this resolution, please provide me with
executed copies which we can submit to MnDOT along with our plan. If you have any
questions regarding this issue, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
~~
Terry J. Maurer, P.E.
TJM:tp
Attachment
216-2903.apr
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Minnesota Department of Transportation
Transportation Building, St. Paul, MN 55155
Terry Maurer
Elk River City Engineer
Maier stewart and Associates
1326 Energy Park Drive
st Paul MN 55108-5202
April 18, 1994
In reply refer to:
Request for Variance
S.A.P. 204-104-04 (Jackson Avenue)
CITY OF ST. ELK RIVER
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Dear Mr. Maurer:
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Upon the advice of a Variance Committee appointed expressly for
the purpose of recommending to me the validity of the City of
Elk River's request for a variance from Minnesota Rule 8820.2900
so as to permit the expenditure of Municipal state Aid Turnback
funds for the construction project on Jackson Avenue in Elk
Ri ver , in lieu of the required use of Municipal state Aid
Turnback funds prior to completion of any reconstruction project
on the Municipal state Aid Street; I hereby GRANT the variance,
contingent upon the amount of money expended on this portion of
M.S.A.S. 104 plus interest being repaid, in addition, any other
state aid money that has been drawn on this portion of the
segment shall be subtracted from the next allocation of state
aid money.
The variance is conditional upon receipt of a resolution by the
Elk River city council that indemnifies, saves, and holds
harmless the State of Minnesota and its agents and employees of
and from any and all claims, demands, actions, or causes of
action arising out of or by reason of, the reconstruction of
Municipal State Aid Street No. 104 (Jackson Avenue), from School
street to Trunk Highway No. 169 in Elk River, in any other
manner than in accordance with Minnesota Rules 8820.2800 and
further agrees to defend at their 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 this variance.
stnce!1-y,
Ed~11t:- Cohoo
Deputy Commissioner
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cc: M. Bieringer, Metro Division
An Equal Opportunity Employer
RESOLUTION 94-
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A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION WHICH
INDEMNIFIES, SA YES, AND HOLDS HARMLESS
THE STATE OF MINNESOTA RELATIVE TO
THE VARIANCE TO MINNESOTA RULE 8820.2900
FOR THE JACKSON A VENUE IMPROVEMENT
OF 1994
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 8820.2900
to authorize use of tumback funding for the reconstruction of Jackson Avenue, and
for School Street to Trunk Highway 169; and
WHEREAS, on April 18, 1994, 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 its agents and employees of and from any and all claims, demands,
actions, or causes of action arising out of or by reason of, the reconstruction of
Municipal State Aid Street No. 104 (Jackson Avenue), from School Street to Trunk
Highway No. 169 in Elk River, in any other manner than in accordance with
Minnesota Rules 8820.2800 and further agrees to defend at their 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 this variance.
Passed and adopted this 16th day of May, 1994.
Henry A. Duitsman, Mayor
ATTEST:
e Sandra A. Thackeray, City Clerk
216-2893,aor