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HomeMy WebLinkAbout6.h. County Road 38 State Aid Variance Request, City Project 393AGENDA ITEM: County Road 38 State Aid Variance Request, City Project #393 AGENDA SECTION: Consent PREPARED BY Andrew J Brotzler, P.E., City Engineer AG 4'; l Lq r 6 i ATTACHMENTS: Resolution APPROVED BY: j RECOMMENDED ACTION: Motion to adopt a resolution requesting variance fr,m standards for State Aid Operations County Road 38 (Trunk Highway 3 to east tract line of Harmony) S.A.P. 208 105 -01 /City Project #393. ACTION: BACKGROUND: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 17, 2005 On February 15, 2005, Council adopted a resolution authorizing the preparation of plans and specifications for the County Road 38 (Trunk Highway 3 to east tract line of Harmony) Street and Utility Improvements, City Project #393. As final design nears completion a variance from Minnesota Rules for State Aid Operations 8820.9995 is being requested. The variance will allow the bituminous pathway to be placed directly behind the back of curb and having zero feet of clear zone for a length of approximately 300 feet along the nght turn lane. The minimum clear zone according to Minnesota Rules for State Aid Operations is 2 feet from the edge of a bituminous pathway The variance is being requested as a result of the addition of the right turn lane for eastbound traffic to go southbound on Brockway Avenue to avoid further impact to the wetland on the south side of County Road 38. SUMMARY: Staff recommends that Council adopt a resolution requesting a variance from Minnesota Rules for State Aid Operations. GAENGPROJ \393 \StateAidVananceCC5 -17 -05 doe CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION REQUESTING VARIANCE FROM STANDARDS FOR STATE AID OPERATIONS COUNTY ROAD 38 (TRUNK HIGHWAY 3 TO EAST TRACT LINE OF HARMONY) S.A.P. 208 105 -01 /CITY PROJECT #393 WHEREAS, that the City of Rosemount 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 8820.9995, as they apply to the proposed construction of the County Road 38 (Trunk Highway 3 to east tract line of Harmony), known as State Project 208 105 -01 and City Project #393, located in Rosemount, Minnesota in Dakota County. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota: The variance is requested from Minnesota Rules for State Aid Operations 8820 9995, adopted pursuant to Minnesota Statutes Chapters 161 and 162, as they apply to the proposed improvements of County Road 38 (Trunk Highway 3 to east tract line of Harmony), State Aid Project 208 105 -01, located in the City of Rosemount, Minnesota so as to allow a zero foot clear zone, in lieu of the minimum 2 -foot clear zone contained in the bicycle path standards required by Minnesota Rules for State Aid Operations 8820 9995. The Rosemount City Council hereby indemnifies, saves and holds harmless the State and 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. Additionally, the Council hereby indemnifies, saves, and holds harmless Dakota County and 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 or proceeding begun for asserting any claim or whatever character arising as a result of granting of the variance. G ENGPROJ \393\StateMdVananceRESO5 -17 -05 doc ADOPTED this 17 day of May, 2005. ATTEST: (SEAL) Linda Jentink, City Clerk CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 17 day of May, 2005, as disclosed by the records of said City in my possession. Linda J. Jentink, Rosemount City Clerk William H. Droste, Mayor Motion by: Second by: Voted in favor: Voted against: Resolution 2005