DISCLAIMER

 

05-0811R


RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFYING THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE CONSTRUCTION OF BRIDGE NO. 69672 ON SKYLINE PARKWAY OVER AMITY CREEK.

BY COUNCILOR STOVER:

     RESOLVED, that it is deemed necessary for the public conveyance and safety that Minnesota Bridge No. 89451 on Skyline Parkway over Amity Creek (City Job No. 0163TR) be reconstructed. This project will not be eligible for state transportation funds unless it is constructed to rural and suburban state aid standards for bridge replacement projects for a projected average daily traffic count of 150 to 749 vehicles, or unless a variance is granted.

     Practical limitations require that narrower bridge width, traffic lane and shoulder widths, steeper recovery area inslopes, and smaller radius horizontal curves than dictated by standards be used. This results in a 20 foot overall bridge width in lieu of the required 32 foot width, ten foot traffic lanes with one foot shoulders in lieu of 12 foot lanes with four foot shoulders, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, and 60 foot and 75 foot radius horizontal curves at -0.02 superelevation in lieu of 273 foot radius curves at 0.06 superelevation which requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300.

     FURTHER RESOLVED, that the city of Duluth requests the commissioner of transportation for a variance from Minnesota Rules for State Aid Operations 8820.9920, whereby the rural and suburban state aid standards be reduced for this project allowing for a 20 foot overall bridge width in lieu of a 32 foot width, ten foot traffic lanes with one foot shoulders in lieu of 12 foot lanes with four foot shoulders, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, and 60 foot and 75 foot radius horizontal curves at -0.02 superelevation in lieu of 273 foot radius curves at 0.06 superelevation, and further agrees to indemnify, save and hold harmless the state of Minnesota and its agents and employees from all claims, demands, actions, or causes of action arising out of or by any reason of the reconstruction of Minnesota Bridge No. 89451 on Seven Bridges Road over Amity Creek in the city of Duluth in any manner other 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 whatsoever arising as a result of the granting of this variance.


STATEMENT OF PURPOSE:  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 before it will be considered or reviewed. If the commissioner grants the variance it is conditioned on the city agreeing to indemnify and hold the state harmless for any claim or action which arises from the relaxation of the road lane width to ten feet and one foot shoulder in lieu of 12 feet and four feet respectively, the width of the bridge to 20 feet in lieu of 32 feet, 1:3 recovery area inslopes in lieu of 1:4 recovery area inslopes, 60 foot and 75 foot radius horizontal curves at -0.02 superelevation in lieu of 273 foot radius curves at 0.06 superelevation, and the issuance of the variance. 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 of an accident. When an existing bridge is removed and reconstructed it is assigned a new bridge number. The current bridge number is 89451 and the new bridge number is 69672.