DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Submit State Aid Variance Request To Minnesota Department Of Transportation For A Reduced Trail Radius Along Lake Marion Greenway
end
RESOLUTION
body
WHEREAS, Dakota County and the City of Lakeville are jointly implementing County Project 09-065 and County Project 09-067, along with related improvements identified in the joint powers agreement between the County and the City, including reconstruction and modernization of County State Aid Highway 9 (Dodd Boulevard) and development of an underpass and trail connections forming a segment of the Lake Marion Greenway; and
WHEREAS, the Lake Marion Greenway Trail is currently under City jurisdiction but, upon completion of the planned improvements, will become a County-owned and County-maintained regional greenway segment consistent with the Dakota County 2040 Transportation Plan and the joint powers agreement; and
WHEREAS, geometric constraints associated with adjacent residential properties on the east side of County State Aid Highway 9 prevent achieving the State Aid minimum horizontal curve radius of 74-feet required for a 20 mile-per-hour shared-use path design; and
WHEREAS, the proposed design incorporates a 38-foot horizontal curve radius and includes mitigation features such as pavement widening, centerline striping through the curve, enhanced sight distance at the tunnel portal, and advisory signage to support safe trail operations; and
WHEREAS, Minnesota Rules, Part 8820.3300, require local agencies to submit formal variance requests to the Minnesota Department of Transportation, including certified resolutions from responsible agencies identifying the project, the applicable design standard, and the requested modification; and
WHEREAS, the City of Lakeville, as lead agency identified in the joint powers agreement for County Project 09-065 and County Project 09-067, intends to submit a variance request to the Minnesota Department of Transportation seeking approval for the reduced horizontal curve radius; and
WHEREAS, Dakota County, as the future owning agency for the Lake Marion Greenway segment, is required to concur with the City’s request in accordance with State Aid for Local Transportation procedures, and Minnesota Rules require local agencies receiving variance approval to indemnify, save, and hold harmless the State of Minnesota for claims arising from granting the variance.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby concurs with the City of Lakeville’s request for a variance from Minnesota Rules, chapter 8820, to allow a 38-foot horizontal trail radius in lieu of the required 74-foot radius for a 20 mile-per-hour design speed within the Lake Marion Greenway improvements associated with County Project 09-065 and County Project 09-067; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby agrees to indemnify, save, and hold harmless the State of Minnesota, the Minnesota Department of Transportation, and their agents and employees from any claims, demands, or actions arising out of or by reason of granting this variance, and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting such claim; and
BE IT FURTHER RESOLVED That the Dakota County Board of Commissioners directs Transportation Department staff to transmit this resolution to the Minnesota Department of Transportation State Aid for Local Transportation Division as part of the formal variance request package.
end
BACKGROUND
A project location map, justification for the design variance and a plan sheet showing the trail radius are attached. County Project 50-047 (Kenwood Trail / CSAH 50 Mill and Overlay) is included with County Project 09-065 for coordinated delivery.
RECOMMENDATION
recommendation
Staff recommends adoption of the resolution authorizing Dakota County to submit a State Aid variance request to the Minnesota Department of Transportation for a reduced horizontal trail radius along the Lake Marion Greenway, and authorize indemnification as required for variance
approval.
end
FINANCIAL AND STAFFING IMPACTS
None.
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Project Location Map
Attachment: Trail Variance Exhibit
Attachment: Design Element Variance Justification
CONTACT
Department Director: Erin Laberee
Author: John Sass