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HomeMy WebLinkAboutCC RES 11-034 RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA STATE-AID RULE 8820.2800 SUBPART 2A OR THE 2009 STREET AND UTILITY IMRPOVEMENT PROJECT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103839 Box: 31 Folder: RES 2011 Document: CC RES 11-034 RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA STATE-AID RULE 8820.2800 SUBPART 2A OR THE 2009 STREET AND UTILITY IMRPOVEMENT PROJECT CITY OF ST.ANTHONY VILLAGE RESOLUTION 11-034 A RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA STATE-AID RULE 8820.2800 SUBPART 2A FOR THE 2009 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, the City of St.Anthony Village has constructed the improvement of Chandler Drive and Foss Road, State Aid Route No. 161-107-002 from station 10+57.1 (37"h Avenue NE)to station 42+43.2(City Limits)in the City of St. Anthony Village in the Counties of Hennepin and Ramsey, Minnesota;and WHEREAS, Minnesota State Aid Rule 8820.2800 Construction Requirements,subpart 2 plans and estimates, require Municipal State Aid plan approval before the construction contract bids are opened;and WHEREAS, final Municipal State Aid plan approval was not received prior to construction contract bid opening;and WHEREAS, State Aid rules provide that a political subdivision may request a variance from these rules. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of St. Anthony Village that: 1) The Engineer, WSB & Associates,Inc., is hereby authorized and directed to submit to the Commissioner of Transportation a formal request for variance from the Minnesota Department of Transportation, State Aid Rule 8820.2800 Construction Requirements, Subpart 2 plans and estimates, to permit a municipality to use a portion of its state aid funds for a project with plans approved after the contract bids have been opened. 2) The City of St. Anthony Village does hereby indemnify, save and hold harmless the State of Minnesota and its agents and employees of and from any and all claims, demands,actions,or causes of action arising out of or by reason of granting this variance, and further agrees to defend at their sole cost and expense,any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Adopted this 100' day of May ,2011. 4ayor ATTEST: ^ Citirferk Reviewed for administration: A/ IfA, City M nager C:\Documents and Settings%arb.suciu\l.oral Settings\Temporary Internet Files\01,K24%esolution 11-034-Variance.docz