HomeMy WebLinkAboutResolution No. 2012-074 Ordering Improvement BA-382 Gallagher Drive Roadway & Nine Mile Creek Regional Trail Improvement RESOLUTION NO. 2012-74
REQUESTING VARIANCE FROM
STANDARDS FOR STATE AID OPERATIONS
GALLAGHER DRIVE — PARKLAWN AVENUE 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
improvements of Gallagher Drive from Parklawn Avenue to France Avenue, State Aid Project 120-170-020,
located in Edina, Minnesota and Hennepin County-, and
WHEREAS, the City of Edina has 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, bicycle 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 improvements of Gallagher Drive 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 proposed improvements of Gallagher Drive from Parklawn Avenue
• to France Avenue, so as to allow the following:
1. The proposed centerline radius of Gallagher Drive between station 8+49 and station 9+93 remains 120-
feet.
2. Vehicles continue to operate at the posted speed limit of 30 miles per hour.
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.
Dated: May 15, 2012
Attest:
Debra A. Mangen, CityLClerk James B. Hovland, Mayor
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 May 15, 2012, and
as recorded in the Minutes of said Regular Meeting.
• WITNESS my hand and seal of said City this day of 20
---- --City Cl rk