HomeMy WebLinkAboutResolution No. 277-25 - Resolution - 6th Street Bridge Variance 2-ft Trail Clear Zone J7919
RESOLUTION
Requesting a variance from standard for State Aid Operation for Project No. S.A.P.
159-080-023.
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WHEREAS, the City of Rochester is preparing plans for the 6 Street Bridge Project,
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along 6 Street SW (MSAS 115) from 2 Avenue SW to Broadway Avenue, and 6 Street
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SE (MSAS 120) from Broadway Avenue to 9 Avenue SE; and
WHEREAS, Minnesota Rules for State Aid Operation 8820.9995 require a minimum
shoulder/clear zone of 2-ft adjacent to shared use path, and the project proposes to
construct a shared use path with a minimum shoulder/clear zone of 1-ft; and
WHEREAS, the reasons for this variance request are as follows:
The project proposes construction of an 8-foot-wide shared use path along the
north side of 6th Street SE, extending from 3rd Avenue SE to 9th Avenue SE. This
new path would replace the existing 5-foot-wide sidewalk currently used by both
pedestrians and bicyclists; and
To accommodate a shared use path with a minimum 2-foot clear zone, several
existing trees would need to be removed. The limited remaining boulevard width
would also prevent planting new trees. Additionally, relocating utility poles to meet
clearance requirements would likely result in further tree removal. Alternatively,
acquiring additional right-of-way to avoid utility conflicts would impact existing trees
and landscaping on adjacent private properties; and
Constructing an 8-foot-wide shared use path with a reduced shoulder/clear zone
of 1 foot offers a safer alternative to retaining the existing 5-foot-wide sidewalk.
Despite the narrower clear zone, the increased pavement width significantly
improves safety for both pedestrians and bicyclists. This approach also preserves
existing trees and allows for new tree planting, supporting the health, safety, and
welfare of the public and enhancing the neighborhood environment.
NOW, THEREFORE BE IT RESOLVED, that the City of Rochester City Council does
hereby request a variance from the Minnesota Department of Transportation State Aid
Operations Rules Chapter 8820.9995 Minimum Off-Road and Shared Use Path
Standards to allow for a shared use path with a minimum shoulder/clear zone of 1-ft in
lieu of the required minimum of 2-ft;
BE IT FURTHER RESOLVED, that the City of Rochester City Council hereby indemnifies,
saves and holds harmless the State of Minnesota and its agents and employees from any
and all claims, demands, actions, or causes of action arising out of or by reason of the
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construction of the 6 Street Bridge Project in accordance with Minnesota Rules
8820.9995 and further agrees to defend, at its 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 _______________, 2025.
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PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2025
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)