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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 (37'1' 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 10°i day of May, 2011. <br />ATTEST: <br />Clerk <br />Reviewed for administration: <br />Mayor <br />City Manager <br />CV)oonntems and Sctti 181Abub111clnALc nI SetI i"VTcnq,ornry Gvemot I IIcsV01.K24Temltit ion 11-034 - Varianee.doa <br />25 <br />