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HomeMy WebLinkAboutResolution No. 512-09 o q RESOLUTION WHEREAS, the City of Rochester proposes to construct pedestrian bridges over TH 14, DM&E Railroad tracks and Cascade Creek as proposed in State Project Number SP 159-090- 16 and City Project Number J4631; and WHEREAS, Minnesota Rules 8820.9995 provides for minimum bicycle path standards and calls for a structure's minimum clear width to be 12 feet and this project calls for a structure's minimum clear width to be ten feet due to physical constraints of the area. NOW THEREFORE BE IT HEREBY RESOLVED by the Common Council of the City of Rochester that the City hereby requests a variance from the Commissioner of Transportation concerning the applicability of State Aid Rule 8820.9995 Minimum Bicycle Path Standards for the shoulder/clear zone (c) minimum structure clear width of ten feet in lieu of 12 feet for State Aid Project SP 159-090-16, Construction of Douglas-Cascade Trail and Pedestrian Bridges over 7tn Street NW. BE IT FURTHER RESOLVED that the City will indemnify, save and hold harmless the State of Minnesota, its agents and employees of and from claims, demands, actions or causes of action arising out of or by reason of the granting of this variance. 0 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS / i DAY OF 10605M5R,, 2009. PRESIDENT OF SAID COMMON COUNCIL ATTEST ,2�- Z/ A4=J ITY CLERK APPROVED THIS l?t DAY OF , 2009. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Re s051M n QOTWa ri a n ce.03 0