1c Bike Trails/Bluff/Riley Cr
CITY OF
CHANHASSEN
o City Cmttr Drivt, PO Box 147
'JJanhiIJSen, Mjnntsota 55317
Phonr612.937.1900
Genmd Fox 612,937.5739
:nginrrring Fox 612.937.9152
ublic Safety Fox 612.934.2524
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MEMORANDUM
TO:
Scott Botcher, City Manager
Anita L. Benson, City Engineer ~
March 2, 2000
FROM:
DATE:
SUBJ:
Approve Resolution Regarding Variance for Bike Trails at Bluff
and Riley Creeks Granted for TH 5fWest 78th Street
Project No. 97-6
The Chanhassen City Council approved a resolution requesting a variance from
State design standards for off-road bike paths on November 22, 1999. The
consulting engineering firm, Barton Aschman and Associates, prepared the design
variance request. I received notification ITom Julie Skallman, MnDOT State Aid
Engineer, informing me that the variance committee has conditionally granted a
variance which allows a 20 kilometer per hour design speed in lieu of the required
30 kilometer per hour design speed. The condition placed upon this variance
requires approval of the attached resolution prepared by the City Attorney's office
for City Council approval. It was also indicated by the variance committee that
the City should consider installing a safety fence at the bottom ofthe curves at
both Riley and Bluff Creek.
I recommend approval ofthe attached resolution which acknowledges the City of
Chanhassen's responsibility for the above-referenced bike trails.
Attachments:
1. Letter from Julie Skallman, MnDOT State Aid Engineer, dated January
10, 2000.
2. Resolution prepared by Campbell Knutson.
3. Letter ITom Anita Benson dated November 29, 1999.
c: Gary Orlich, Barton Aschman & Associates
Robert Brown, District State Aid Engineer
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Minnesota Department of Transportation
State Aid for Local Transportation Division
Mail Stop 500, 4th Floor
395 John Ireland Boulevard
SI. Paul, MN 55155-1899
Anita L. Benson
Chanhassen City Engineer
690 City Center Drive, Box 147
Chanhassen, MN 55317
In reply refer to: Request for Variance
S.P. 194-113-01 (Bluff Creek and Riley Creek Trails)
CITY OF CHANHASSEN
Dear Ms. Benson:
Office Tel.: 651 296-3011
Fax: 651 282-2727
January 10, 2000
Upon the advice of a Variance Committee appointed expressly for the purpose of
recommending to me the validity of the City of Chanhassen's request for a variance to
Minnesota Rules 8820.9995, adopted pursuant to Minnesota Statutes Chapters 161 and
162 as they apply to a proposed bicycle path construction project located adjacent to West
7811t Street (Municipal State Aid Street No. 113), and on Riley Creek and Bluff Creek Trails
in the City of Chanhassen, Minnesota, so as to allow a 20 km/h design speed in lieu of the
required 30 km/h design speed; I hereby GRANT the Variance. It was expressed by the
Variance Committee that consideration be given to installing a safety fence at the bottom of
the curves.
The variance is conditional upon receipt of a resolution by the Chanhassen City Council
that indemnifies, saves, and holds harmless the State of Minnesota and its agents and
employees of and from any and all claims, demands, actions, or causes of action arisini
out of or by reason of, the bicycle path construction project located adjacent to West 78
Street (Municipal State Aid Street No. 113), and on Riley Creek and Bluff Creek Trails in
the City of Chanhassen in any other manner than in accordance with-Minnesata Rules
8820.9995, and further agrees to defend at their sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character
arising as a result of the granting of this variance. Such resolution must also indicate the
minimum design speed proposed (20 km/h) .
Sincerely,
~.~-..)~~
Julie A. Skallman
State Aid Engineer
State Aid for Local
Transportation
Cc:
R. Brown, DSAE-Metro
Gary Orlich, Parson Transportation Group
File
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ENGINEERiNG DEPT.
CITY OF
CHANHASSEN
'0 Ciry Center Drivt, PO Box J4í
Chanh",,,n, Minlttlota 55317
Phont 612.937.1900
Grnrra/ Fox 6/2.937.5739
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November 29, 1999
Ms. Terri Burns
Minnesota Department of Transportation
Mail Stop 500
395 John Ireland Boulevard
St. Paul, MN 55155
RE: Variance Request for SP 194-113-01 (Bluff Creek and Riley Creek Trails)
Dear Ms. Burns:
This letter and attachments serve as supporting information for the formal request
for a variance to Minnesota Statue 8820.9995 (Minimum Bicycle Path Standards
For Off-Road Design). The formal request comes in the form of a resolution
passed by the City Council on November 22, 1999. A copy of this resolution is
enclosed.
¡;
Specific variances are hereby requested for horizontal curvature, stopping sight
distance and for lateral clearance. Specific design features used to accommodate
these variances are a widened section of the trail at sharp curves, signing for sharp
curves, limited sight distance signs and bikeway narrows signs for lateral
clearance restrictions.
These variances are requested due to the design restrictions placed on this trail
design due to the need to follow the Bluff Creek and Riley Creek aligrunents and
the need to carry the trail through the same underpass structures adjacent to these
watercourses. A further restriction imposed on the designer is to provide trail
aligrunent around ponding areas adjacent to the watercourses and the ability to
connect to a continuous bike trail along West 78th Street (see attached path design
plans).
The adjacent land uses next to the Bluff Creek Trail are primarily wetlands to the
northwest and developed residential to the northeast. Design modifications to the
trail to provide larger radii at the horizontal curves would require a significant
amount of additional right of way and replacement of the affected contiguous
wetlands. A preliminary aligrunent alternate is attached which identifies the
additional area required to flatten the horizontal curve of the path outside the
underpass of West 78th Street. This modification would require additional right of
way in the amount of one-third to one-half acre at a cost of 560,000 to 580,000
per acre. Other design modifications would require moving the aligrunent of
West 78th Street north to gain more distance on the path to flatten the vertical
curve. This would require approximately one acre of additional right of way at a
cost of 560,000 to 580,000 per acre. This design modification would require a
complete redesign of the drainage ponds adjacent to the trail due to the need to
provide ponding areas adjacent to the creek and flatten the grade of the path. This
would also require three-quarters to one acre of additional right of way to
accommodate the relocation of the ponding area adjacent to the trail.
.
. ~
Rules 8820.9995 for the construction of the Bicycle Path at a minimum
design speed of20 km/h.
ADOPTED this
City of Chanhassen.
ATIEST:
day of
. 2000, by the City Council of the
Scott A. Botcher, Clerk/Manager
Nancy K. Mancino, Mayor
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Th()m¡,,.,j. Campnell
Roger N. Knuts(1)
Thomas M. Senft
EI1Ü1(t R. Knctsch
(651) 452-5000
Fax (651) 452-5550
]uel J. Jamnik
AnJrca McDmvdl Poehler
Matthcw K. Brokl*
John F. Kelly
Matthew J. Foli
Marglleritl' M. t-..·kCmnn
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February 29,2000
Ms. Anita Benson
City of Chanhassen
690 City Center Drive
P. O. Box 147
Chanhassen, Minnesota 55317
Re: Department of Transportation - Request for Variance
Dear Anita:
Enclosed pursuant to your request is a copy of a Resolution concerning the construction
of a bicycle path pursuant to a variance conditionally granted by the Department of
Transportation. Please note that this Resolution has been reviewed and approved by MNDOT.
Please review and call me with any changes.
Very truly yours,
Campbell Knutson
Professional Association
By:a~/AiP~
Andrea Mc owell Poehler
AMP:cjh
Enclosure
cITY OF CHANHASSEN
~lEœ\WlE1Jj)
MAR 0 1 2000
ENGINEERING DEPT.
Suite 317 . Eagandale Office Center . 1380 Corporate Center Curve · Eagan, MN 55121
·
),1.'
,
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date
Resolution
Motion By
Seconded By
RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA
FROM CLAIMS IN CONNECI10N WITH THE STATE'S GRANT OF A
VARIANCE FOR CONSTRUCI10N OF A BIKE PATH
WHEREAS, the City of Chanhassen has requested a variance ftom the Minnesota
Department of Transportation to Minnesota Rules 8820.9995 in connection with the
constroction of a bicycle path located adjacent to West 78th Street and on Riley Creek and
Bluff Creek Trails ("Bicycle Path") to allow a 20 km/h design speed in lieu of the required
30 km/h design speed; and
WHEREAS, the Minnesota Department of Transportation has agreed to grant the
variance conditioned upon the City's indemnification of the State ftom claims arising out of
the construction of the Bicycle Path in any manner inconsistent with the design criteria
provided under Minnesota Rules 8820.9995;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen:
1. The City authorizes construction of the Bicycle Path located in the City of
Chanhassen at a minimum design speed of20 km/h.
2. The City agrees to indemnitY, save, and hold hannIess the State of Minnesota
and its agents and employees of and ftom any and all claims, demands,
action, or causes of action arising out of or by reason of the constroction of
the Bicycle Path in any other manner than in accordance with Minnesota
Rules 8820.9995.
3. The City further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim which the City
is obligated to indemnitY the State under Paragraph 2, as a result of the State's
granting a variance to the construction standards provided under Minnesota
Ms. Terri Burns
November 29, 1999
Page 2
The land use adjacent to the Riley Creek area is primarily park land to the north
and east of the crossings of West 78th Street and Trunk Highway 5. A design
modification to flatten the horizontal curves as shown on the accompanying plan
sheet would require 0.7 to 1.0 acre of additional right of way at a cost of $60,000
to $80,000. Additional cost for buildings required to be relocated are not
available at this time. Vertical curve flattening would require the alignment of
West 78th Street to be shifted north away ITom Trunk Highway 5 and would
require one and one-half acres of park land. Replacement of this property would
follow the 4f-6f process.
Exhibits attached for reviewing this application are as follows:
I. City Council Resolution No. 99-97.
2. Alignment and Profile sheets for both Bluff Creek and Riley Creek Trails.
3. Alternate alignments required for each trail to enlarge the horizontal curves.
4, Construction plan sheets and contours of each trail and adjoining ponding areas.
5. Suggested signing details to be used on each trail.
If a variance is granted, there will be several benefits to the City of Chanhassen
and the property owners within the City. No additional property will need to be
acquired as the bike trail segments can be fit into the existing design. Ponding
areas as designed will accommodate runoff including aU future development
adjacent to these areas.
Thank you for taking the time to consider the City of Chanhassen's variance
request. Please let me know if there is additional information required for the
committee to make its decision.
Sincerely,
cz:;¡~
Anita L. Benson, P.E.
City Engineer
ALB:ktm
c: Bob Brown, Metro State Aid Engineer
Patti Loken. MnDOT Metro Division (w/attachments)
Paul Stine, MnDOT SALT Division
g:'.eng\public\91-6\bums variance justitication letter.doc