HomeMy WebLinkAbout2004-048 CCRMember Kathleen Carmody introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2004-48
RESOLUTION REQUESTING VARIANCE FROM STANDARDS FOR STATE
AID OPERATIONS, HALIFAX AVENUE NORTH AND ECKBERG DRIVE
(S.A.P. 109-105-03)
WHEREAS, the City of Brooklyn Center intends to reconstruct Halifax Avenue
North and Eckberg Drive as part of the Northport Area Neighborhood Improvement Project; and
WHEREAS, under State Aid Rules 8820.9936, the minimum design speed
required for reconstruction of said streets would be 30 mph; and
WHEREAS, the existing horizontal curve at the intersection of Halifax Avenue
North and Eckberg Drive does not meet design requirements for a minimum design speed of 30
mph; and
WHEREAS, the horizontal curve cannot be modified to meet 30 mph design
requirements without undue hardship due to the availability of street right-of-way and the
proximity of adjacent residential structures; and
WHEREAS, the City of Brooklyn Center wishes to obtain a variance from the
Commissioner of the Minnesota Department of Transportation, pursuant to Minnesota Rules for
State Aid Operations 8820.3300, as they apply to the proposed reconstruction of said
intersection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. A variance is requested from Minnesota Rules for State Aid Operations
8820.9936 as they apply to the proposed reconstruction of the Halifax
Avenue North and Eckberg Drive intersection, State Aid Project 109-105-
03, to allow a 10 mph design speed, in lieu of the minimum 30 mph design
speed contained in the geometric and design standards required by
Minnesota Rules for State Aid Operations 8820.9936.
2. The Brooklyn Center 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. The Council further agrees to defend at its sole
cost and expense any action or proceeding begun for asserting any claim of
whatever character arising as a result of granting of the variance.
RESOLUTION NO. 2004-48
1
March 8. 2004
Date
ATTEST: 0-
City Clerk
a Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Bob Peppe
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kathleen Carmody, Diane Niesen, and Bob Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.