HomeMy WebLinkAboutResolution No. 263-22 - Resolution - Requesting Design Variance from MnDOT - 16th St SE to 20th St SE - Project No. J4692
RESOLUTION
Supporting a Variance Request for Project No. J4692 – Clear Zone/Shoulder.
WHEREAS, the City of Rochester is preparing plans for Pedestrian Facilities along
the CP Rail Spur from 20th St SE to 16th St SE then to 3rd Ave SE. The project
includes construction of a shared use path in a permanent easement obtained from
DM&E Railroad along an active spur line between 20th St SE to 16th St SE; and
WHEREAS, Minnesota Rules for State Aid Operation 8820.9995 requires that the
Shared Use Path have a minimum clear zone/shoulder of 2-feet; and
WHEREAS, the reason for this variance request is that the permanent easement
width is constrained where the spur line has a siding track and a 2-foot clear zone
shoulder cannot be maintain
NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of
Rochester that a variance request is sought from the Minnesota Department of
Transportation State Aid Operations Rules Chapter 8820.9995 Minimum Off-Road
and Shared Use Path Standards to allow:
A 1.5-foot clear zone/shoulder in lieu of a 2-foot clear zone/shoulder for
approximately 400 feet where the spur line has a siding track and permanent
easement width is constrained.
BE IT FURTHER RESOLVED, that the City Council hereby indemnifies, saves and
holds 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
reduced horizontal curve radius and vertical curve length in accordance with
Minnesota Rules 8820.9995 and further agrees to defend at their sole cost and
expense any action or proceeding commenced for the purpose of asserting any
claim arising as a result of the granting this variance.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS_____DAY OF_____________________, 2022.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)