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HomeMy WebLinkAbout08-144 - ADMIN Resolution - City Council - 2008/11/17RESOLUTION NO. 08-144 RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA RULES FOR STATE AID OPERATIONS CHAPTER 8820 FOR MUNICIPAL STATE AID PROJECT NO. 163-305-002 (ALABAMA AVENUE FROM EXCELSIOR BOULEVARD TO WEST 36TH STREET) WHEREAS, the City of St. Louis Park is preparing plans for the rehabilitation of Alabama Avenue from Excelsior Boulevard to West 36th Street (MSAP 163-305-002); and WHEREAS, In accordance with the City of St Louis Park's Capital Improvement Plan (C.I.P.), the pavement surface of Alabama Avenue requires rehabilitation in accordance with the City's Pavement Management Program; and WHEREAS, The City Council of the City of St. Louis Park believe that the minimum design standards set forth by Minnesota Rules for State Aid Operation 8820 as applicable to the proposed pavement rehabilitation of Alabama Avenue create an undue hardship; and WHEREAS, said hardship is further explained in the attached supplementary letter from the City Engineer, and NOW THEREFORE, BE IT RESOLVED, RESOLOVED, that the City Council of the City of St. Louis Park, located in Hennepin County, Minnesota, hereby respectfully submits a request for a variance to the Commissioner of Transportation for Minnesota Rules for State Aid Operations, Chapter 8820.9946, Minimum Design Standards, Urban, Reconditioning Projects, as they apply to the rehabilitation of Alabama Avenue from Excelsior Boulevard to West 36th Street, so as to allow the following: 1. The existing pavement width of 36 feet is allowed to remain on that portion of Alabama Avenue beginning at the Canadian Pacific Railway crossing to approximately 150 feet north of Oxford Street 2. Parking on both sides of the street to be continued to be permitted as currently allowed. AND BE IT FURTHER RESOLVED that the City Council of the City of St. Louis Park hereby indemnifies, saves, and holds harmless the State and its agents and employees, to the extent of the City's statutory liability limits, of and from claims, demands, actions, or causes of action arising out of or by reason of h pr.cee' varianc granting of the variance The Council further agrees to defend at its sole cost and expense any action or ing begun for asserting any claim of whatever character arising as a result of the granting of the Revi fo ministration: ..411/'11_ City 'a;�`r 1/4 Attest City Clerk Ado ted by theCouncil November 17, 2008 Mayor