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15-19 - 03-03 - Variance for Frontage Road State Aid Project Resolution 15-19 March 3, 2015 Member Snope introduced the following resolution and moved its adoption: RESOLUTION REQUESTING VARIANCE FROM STANDARDS FOR STATE AID OPERATIONSOLSON MEMORIAL HIGHWAY FRONTAGE ROAD STATE AID PROJECT 128-420-001 WHEREAS, the City of Golden Valley Engineer is hereby authorized to request a variance from the Minnesota Department of State Aid Operations, pursuant to Minnesota Rules for State Aid Operations 8820.3300 and 8820.9936, as they apply to the proposed horizontal curve associated with the reconstruction of Olson Memorial Highway Frontage Road from Douglas Drive to 0.1 miles east, State Aid Project 128-420-001, located in Golden Valley, Minnesota and Hennepin County; and WHEREAS, Minnesota Rules for State Aid Operation 8820.9936 require a minimum 30 miles per hour design speed for horizontal curvature; and WHEREAS, the City Council of Golden Valley believes that the minimum design standards set forth by the Minnesota Rules for State Aid Operation 8820.9936 as applicable to the proposed horizontal curve on Olson Memorial Highway Frontage Road to meet 30 miles per hour design speed create undue burden; and NOW, THEREFORE, BE IT RESOLVED, that 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 Ore Reconstruction Projects) to allow for a horizontal curve that meets a 25 miles per hour design speed in lieu of a 30 miles per hour design speed. BE IT FURTHER RESOLVED, that the City Council of the City of Golden Valley, Minnesota, hereby indemnifies, saves and holds 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 the use of a 25 mile per hour design speed horizontal curve on Olson Memorial Highway Frontage Road at Douglas Drive in accordance with Minnesota Rules 8820.9936. The Council further agrees to defend at its sole cost and expense, any action of proceeding commended for the purpose of asserting any claim arising as a result of the granting of this variance. SheArcrM. arri , ayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Harris, Snope, Schmidgall, Fonnest and Clausen and the following voted against the same: none whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk.