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CITY OF ST.ANTHONY VILLAGE <br /> RESOLUTION 11-034 <br /> A RESOLUTION REQUESTING A VARIANCE FROM <br /> MINNESOTA STATE-AID RULE 8820.2800 SUBPART 2A <br /> FOR THE 2009 STREET AND UTILITY IMPROVEMENT PROJECT <br /> WHEREAS, the City of St.Anthony Village has constructed the improvement of Chandler Drive and <br /> Foss Road, State Aid Route No. 161-107-002 from station 10+57.1 (37"h Avenue NE)to <br /> station 42+43.2(City Limits)in the City of St. Anthony Village in the Counties of Hennepin <br /> and Ramsey, Minnesota;and <br /> WHEREAS, Minnesota State Aid Rule 8820.2800 Construction Requirements,subpart 2 plans and <br /> estimates, require Municipal State Aid plan approval before the construction contract bids <br /> are opened;and <br /> WHEREAS, final Municipal State Aid plan approval was not received prior to construction contract bid <br /> opening;and <br /> WHEREAS, State Aid rules provide that a political subdivision may request a variance from these rules. <br /> NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of St. Anthony Village that: <br /> 1) The Engineer, WSB & Associates,Inc., is hereby authorized and directed to submit to the <br /> Commissioner of Transportation a formal request for variance from the Minnesota Department of <br /> Transportation, State Aid Rule 8820.2800 Construction Requirements, Subpart 2 plans and <br /> estimates, to permit a municipality to use a portion of its state aid funds for a project with plans <br /> approved after the contract bids have been opened. <br /> 2) The City of St. Anthony Village does hereby indemnify, save and hold harmless the State of <br /> Minnesota and its agents and employees of and from any and all claims, demands,actions,or causes <br /> of action arising out of or by reason of granting this variance, and further agrees to defend at their <br /> sole cost and expense,any action or proceeding commenced for the purpose of asserting any claim of <br /> whatsoever character arising as a result of the granting of this variance. <br /> Adopted this 100' day of May ,2011. <br /> 4ayor <br /> ATTEST: ^ <br /> Citirferk <br /> Reviewed for administration: A/ IfA, <br /> City M nager <br /> C:\Documents and Settings%arb.suciu\l.oral Settings\Temporary Internet Files\01,K24%esolution 11-034-Variance.docz <br />