04-0367R

RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND TO INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE RECONSTRUCTION OF ANDERSON ROAD FROM TRINITY ROAD (TH 53) TO CHAMBERSBURG AVENUE.

BY COUNCILOR STOVER:

WHEREAS, it is deemed necessary for the public convenience and safety that Anderson Road from Trinity Road (TH 53) to Chambersburg Avenue (City Project No. 0351TR) be reconstructed; and

WHEREAS, this project will not be eligible for municipal state aid funds unless it is constructed to urban state aid standards for an urban street, 30 mph design speed or unless a variance is granted; and

WHEREAS, practical limitations require that the vertical alignment through a segment of the project be constructed utilizing a shorter vertical curve length than dictated by standards, resulting in a 20 mph design speed in lieu of a 30 mph design speed, which requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300.

NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth requests the commissioner of transportation for a variance from Minnesota Rules Chapter 8820, whereby the urban state aid standards be reduced for this project allowing for a sag vertical curve length (190 feet) less than that required for a 30 mph design speed, and further provides that if the commissioner grants the variance that the city of Duluth hereby agrees to indemnify, save and hold harmless the state of Minnesota and its agents and employees of and from any and all claims, demands, actions or cause of action arising out of or by reason of the reconstruction of Anderson Road in the city of Duluth in any manner than in accordance with Minnesota Rule 8820.9936 and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of granting of this variance.


STATEMENT OF PURPOSE:  Anderson Road - proposed to be reconstructed in 2005-2006 in conjunction with Mn/DOT's Trinity Road (TH 53) reconstruction - is on the city's municipal state aid street system. Due to the elevation and grades of abutting properties, the elevation and grade of the reconstructed street will expectedly not meet municipal state Aid (MSA) standards with regard to the length of the vertical curve through this roadway segment. Consequently, it is necessary for the city to request a variance to MSA design standards for this project. In order to proceed with a variance request under Minnesota Rules 8820.3300, a formal request in writing in the form of a city council resolution must be submitted to the commissioner of transportation before it will be considered or reviewed. The city will then forward the resolution along with the other documentation cited in the rules for consideration by an advisory committee on variances appointed by the commissioner of transportation. If the commissioner grants the variance it is conditioned on the city agreeing to indemnify and hold the state harmless from any claim or action which arises from the relaxation of the vertical curve length through this roadway segment of Anderson Road. This resolution requests the variance and commits the city to indemnification of the state of Minnesota for claims arising in which the design variance is alleged to be the cause an accident.