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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 REDUCTION IN ROADWAY WIDTH FROM 38 FEET TO 36 FEET ON PORTIONS OF THIRD AVENUE WEST AND SECOND AVENUE WEST.
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CITY PROPOSAL:
The city council finds:
a) That it is deemed necessary for the public conveyance and safety that Third Avenue West and Second Avenue West be converted from one-way traffic to two-way traffic (city project no. 1530); and
b) That it is also deemed necessary that this conversion does not result in any loss of on-street parking capacity; and
c) That this project will not be eligible for municipal state aid funds unless it is constructed to state aid standards for urban reconditioning projects, unless a variance is granted; and
d) That practical limitations demand that on Third Avenue West from West Michigan Street to West First Street, the total roadway width be reduced from the width dictated by design standards. This results in a total minimum roadway width of 36 feet in lieu of a total minimum roadway width of 38 feet as dictated by the design standards. This change requires a variance from the commissioner of transportation in accordance with Minnesota Rules Chapter 8820.3300; and
e) That practical limitations demand that on Second Avenue West from West Superior Street to the West Second Street Alley, the total roadway width required be reduced from the width dictated by design standard. This results in a total minimum roadway width of 36 feet in lieu of a total minimum roadway width of 38 feet as dictated by the design standards. This change 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 8820.9946, whereby on Third Avenue West from West Michigan Street to West First Street, that the allowed minimum roadway width required be 36 feet in lieu of 38 feet for parking on both sides.
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 8820.9946, whereby on Second Avenue West from West Superior Street to the West Second Street Alley, that the allowed minimum roadway width required to be 36 feet in lieu of 38 feet for parking on both sides.
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 reduction in the required roadway width from 38 feet to 36 feet in the city of Duluth in any manner other than in accordance with Minnesota Rules 8820.9946, 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 required roadway width on Third Avenue West from West Michigan Street to West First Street, and Second Avenue West from West Superior Street to the West Second Street Alley. This variance requests that the roadway width, which currently exists as 36 feet, be allowed when the city converts the road from one-way to two-way traffic. The proposed conversion necessitates the variance in order to allow parking on both sides as it currently exists. If a variance is granted, a resolution formally requesting the conversion of these roads from one-way to two-way will be presented to the city council. 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.