04-0368R

RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE CONSTRUCTION OF ARTHUR AVENUE BETWEEN GARFIELD AVENUE AND PORT TERMINAL ROAD.

BY COUNCILOR STOVER:

WHEREAS, it is deemed necessary for the public convenience and safety that Arthur Avenue between Garfield Avenue and Port Terminal Road (City Project No. 0103TR) be constructed; and

WHEREAS, this project will not be eligible for municipal state aid funds unless it is constructed to rural/suburban state aid standards for a suburban street, 30 to 60 mph design speed, or unless a variance is granted; and

WHEREAS, practical limitations require that:
(a) The horizontal alignment through segments of the project be constructed utilizing a shorter horizontal curve radius than dictated by standards resulting in a 20 mph design speed in lieu of a 30 mph design speed and utilizing normal street crown rather than required rates of super-elevation; and
(b) The vertical alignment through segments of the project be constructed utilizing shorter vertical curve radius than dictated by standards, each of 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 120 foot horizontal curve radius in lieu of the required 300 foot radius, normal crown in lieu of required rates of super-elevation, and two 60 foot vertical curve radii in lieu of the required 90 foot radii, 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 construction of Arthur Avenue in the city of Duluth in any manner than in accordance with Minnesota Rule 8820.9920 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:  Arthur Avenue - proposed to be constructed in 2005 is on the city's municipal state aid street system. Due to the elevation and location of rail lines and abutting properties, the elevation and grade of the constructed street will expectedly not meet municipal state aid (MSA) standards with regard to horizontal and vertical alignment 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 horizontal and vertical roadway design standards. 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.