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HomeMy WebLinkAboutResolution No. 2011-034 Variance from Standards West 44th Streett A, RESOLUTION NO. 2011-34 o� @ REQUESTING VARIANCE FROM STANDARDS FOR STATE AID OPERATIONS WEST 44TH STREET— BROOKSIDE TERRACE TO FRANCE AVENUE WHEREAS, the City of Edina Engineer is hereby authorized to request a variance from the Commissioner of the Minnesota Department of Transportation, pursuant to Minnesota Rules for State Aid Operations 8820.330 and 8820.9936, adopted Pursuant to Minnesota Statutes Chapters 161 and 162, as they apply to the proposed re- construction of West 44 h Street from Brookside Terrace to France Avenue, State Aid Project 120-140-004, located in Edina and St. Louis Park, Minnesota and Hennepin County; and WHEREAS, the Cities of Edina and St. Louis Park have undertaken extensive study and a public and agencies involvement process to insure that the design and operation of the roadway will provide opportunity for all modes of transportation including vehicular and pedestrians in a safe environment; and WHEREAS, the City Council of Edina believes that the minimum design standards set forth by Minnesota Rules for State Aid Operation 8820 as applicable to the proposed roadway reconstruction of West 44"' Street 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, that the City Council of the City of Edina, 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 8820.9936, Minimum Design Standards, Urban; New or Reconstruction Projects, as they apply to the reconstruction of West 44th Street from Brookside Terrace to France Avenue, so as to allow the following: • 1. The proposed roadway width of 30 feet is allowed on that portion of West 44th Street between Browndale Avenue and the Edina City limit, which is approximately 180 feet east of Glen Place. 2. Parking on only one side of the street to be continued and permitted whereas parking is currently allowed on both sides of the street on that portion of West 44th Street between Browndale Avenue and the Edina City limit, which is approximately 180 feet east of Glen Place 3. The proposed roadway width of 30 feet is allowed on that portion of West 44th Street between the Edina City limit, which is approximately 40 feet east of Wooddale Avenue, and Curve Avenue. 4. Parking on only one side of the street to be continued and permitted whereas parking is currently allowed on both sides of the street on that portion of West 44th Street between the Edina City limit, which is approximately 40 feet east of Wooddale Avenue, and Curve Avenue. 5. The existing pavement width of 35 feet is allowed to remain on that portion of West 44th Street between Eton Place and 150 feet west of France Avenue. 6. Parking on both sides of the street to be continued and permitted as currently allowed on that portion of West 44th Street between Eton Place and 150 feet west of France Avenue. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Edina, Minnesota, that the City Council of the City of Edina hereby indemnifies, saves and holds harmless the State, its agents and employees of and from claims, demands, actions, or causes of action arising out of, or by reason of the granting of the variance. The Council further agrees to defend at its sole cost and expense, any action of proceeding begun for asserting any claim of whatever character arising out of, or by any reason of the granting of the variance. • City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 Dated: February 15, 2011 • Attest: - Debra A. Mange � ity I k James B. ovland, ayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 15, 2011, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 City Clerk • •