01-0170R

RESOLUTION AMENDING RESOLUTION 01-0038 TO PROVIDE FOR A PEDESTRIAN UNDERPASS UNDER PART OF TRUNK HIGHWAY 53 RENUMBERED AS TRUNK HIGHWAY NO. 106 (PIEDMONT AVENUE).

BY COUNCILOR ECKENBERG:

        WHEREAS, the Duluth city council, in Resolution No. 01-0038, approved of a preliminary layout for the improvement of Trunk Highway No. 53 renumbered as Trunk Highway 106 (Piedmont Avenue) within the corporate limits of the city of Duluth from south of Fourth Street to .25 miles north of Skyline Parkway, said layout identified as S.P. 6915-123 IRC T.H. 53 (T19163-Phase P) Layout 2B; and

        WHEREAS, said layout provided for a pedestrian crossing underpass near the intersection of 23rd Avenue West that was deemed unacceptable because of its width and the fact that it dead ended an alley; and

        WHEREAS, MnDot is willing to construct as a part of the project either a pedestrian underpass near the intersection of 23rd Avenue West, a layout of which is attached hereto and labeled "Modified 9th Street Design," or, in the alternative, a pedestrian underpass at 22nd Avenue West, a layout of which is attached hereto and labeled "22nd Avenue Option," or, in the alternative, construct the project with no pedestrian underpasses at either 22nd Avenue West or 23rd Avenue West; and

        WHEREAS, in order to proceed with the project, MnDot needs approval of either the "Modified 9th Street Design" or the "22nd Avenue Option" from the city council or an indication from the city council that the project should be built without either underpass;

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth city council hereby amends Resolution No. 01-0038:
                (a)     To add a pedestrian underpass to the project layout which is attached hereto and designated as:
                        (1)     "Modified 9th Street Design;" or
                        (2)     "22nd Avenue Option;" or
                (b)     In the alternative, to construct the project with no pedestrian underpasses at 22nd Avenue West or 23rd Avenue West.

        RESOLVED FURTHER that after the city council has made its decision, the city clerk is directed to delete extraneous language in the paragraph above relating to the options not selected by the city council and to delete this paragraph;

        RESOLVED FURTHER that the city clerk is directed to send a certified copy of this resolution to the Minnesota department of transportation district engineer.


STATEMENT OF PURPOSE:  In order to proceed with the reconstruction of Piedmont Avenue (Highway 53), MnDot needs approval and an indication from the city council of which, if any, pedestrian underpass should be constructed under Piedmont Avenue. The options are: (1) to approve the underpass near 23rd Avenue West which is attached and labeled as "Modified 9th Street Design;" or (2) to approve the underpass near 22nd Avenue West which is attached and labeled as "22nd Avenue Option;" or (3) to approve construction of the project with no pedestrian underpasses at either 22nd Avenue West or 23rd Avenue West.

The resolution also directs the clerk to delete extraneous language relating to choices not selected by the council so that the final resolution reads clearly and concisely.