Title
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 RECONSTRUCTION OF SUPERIOR STREET.
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CITY PROPOSAL:
The city council finds:
a) That it is deemed necessary for the public conveyance and safety that Superior Street between Seventh Avenue West and Fourth Avenue East (city project no. 0923TR) be reconstructed.
b) That this project will not be eligible for municipal state aid funds unless it is constructed to state aid standards for arterial roadway of urban (new or reconstruction) projects, unless a variance is granted; and
c) Practical limitations require that the width of parking lanes be reduced from the width dictated by design standards. This results in 8.5-foot wide parking lanes in lieu of 10-foot parking lanes as dictated by state aid standards, which requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300; and
d) Practical limitations require that diagonal parking stalls with alternate angles and dimensions than dictated by design standards be used. This results in a 35-degree angled parking stall with a state aid 9-foot parking stall width, 18-foot parking stall depth, 2-foot distance between traffic lane and parking stall in lieu of a 45-degree or 60-degree angled parking stall and associated dimensions as dictated by state aid standards, which requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300; and
e) Practical limitations require that the distance dictated by the design standards for curb reaction distance be reduced. This results in a 2-foot curb reaction distance in lieu of a 4-foot Curb reaction distance as dictated by state aid standards, which requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300; and
RESOLVED, that the city of Duluth make a request to the commissioner of transportation for a variance from Minnesota Rules for State Aid Operations 8820.9936, whereby the minimum design standards for urban (new or reconstruction projects be reduced for this project allowing for a minimum of 8.5-foot parking lanes in lieu of 10-foot parking lanes.
FURTHER RESOLVED, that the city of Duluth make a request to the commissioner of transportation for a variance from Minnesota Rules for State Aid Operations 8820.9961, whereby the minimum design standards for pull-in diagonal parking for urban (new or reconstruction) projects be reduced for this project allowing for a 35-degree pull-in diagonal parking stall with a 9-foot parking width, 18-foot parking stall depth, 2-foot distance between traffic lane and parking lane, and 15.7-foot length along curb in lieu of a 45-degree or 60-degree angled parking stall and associated dimensions.
FURTHER RESOLVED, that the city of Duluth make a request to the commissioner of transportation for a variance from Minnesota Rules for State Aid Operations 8820.9936, whereby the minimum design standards for curb reaction distance be reduced for this project allowing for a minimum 2-foot distance in lieu of the 4-foot distance required.
FURTHER RESOLVED, that the city of Duluth agrees to indemnify, save, and hold harmless the state of Minnesota and its agents and employees of and from claims, demands, actions or causes of action arising out of or by reason of the reconstruction of Superior Street in the city of Duluth in any manner other than in accordance with Minnesota Rules 8820.9936 and 8820.9961, 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
STATEMENT OF PURPOSE: In order to proceed with a variance under Minnesota Rule 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 for any claim or action which arises from the reduction of the parking lane width to a minimum 8.5-foot in lieu of a 10-foot wide parking lane, the reduction of the curb reaction distance from 4-foot to 2-foot, allowing a 35-degree parking angle with a 9-foot parking width, 18-foot parking stall depth, 2-foot distance between traffic lane and parking stall, and 15.7-foot length along curb in lieu of a 45-degree or 60-degree angled parking stall and associated dimensions; 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.