BY COUNCILOR STOVER:
WHEREAS, it is deemed necessary for the public conveyance and safety that Minnesota Bridge Number L8477 on Tenth Street (MSAS 203) over Miller Creek and Lincoln Park Drive (City Job No. 0102TR) be rehabilitated, along with reconstruction of the bridge approaches on Tenth Street (MSAS 203) from a point 100 feet south of the intersection with 25th Avenue West to the intersection with 24th Avenue West; and
WHEREAS, this project will not be eligible for municipal state aid funds unless it is constructed to urban state aid standards for a projected average daily traffic count of less than 10,000 vehicles, or unless a variance is granted; and
WHEREAS, practical limitations require a 240 foot radius horizontal curve at -0.02 super-elevation in lieu of the required 240 foot radius horizontal curve at 0.03 super-elevation 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 for State Aid Operations 8820.9936, whereby the urban state aid standards be reduced for this project allowing for a 240 foot radius horizontal curve at -0.02 super-elevation in lieu of the required 240 foot radius horizontal curve at 0.03 super-elevation, 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 Tenth Street 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: West Tenth Street from Piedmont Avenue to 27th Avenue West is on the city's municipal state aid (MSA) street system, and the segments of this street immediately adjacent to the existing Tenth Street Bridge over Miller Creek are proposed to be reconstructed in 2005 as part of the Tenth Street Bridge rehabilitation project. Due to the elevation and location of connecting roadways, the elevation and grade of the reconstructed street will expectedly not meet MSA standards with regard to horizontal and/or vertical alignment. 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.