92-006
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RESOLUTION NO.
6 -92
RESOLUTION ACCEPTING VARIANCE - OLD MARKET ROAD
CITY PROJECT NO. 91-4
WHEREAS, the City of Shorewood requested by resolution a
variance from the requirement that only those projects for which
plans are approved by the state Aid Engineer prior to the award of
contract may be funded with state Aid Funds; and
WHEREAS, this request for variance was heard before the
Variance Committee on January 8, 1992; and
WHEREAS, the Variance Committee granted the requested
variance; and
WHEREAS, the variance is conditional upon receipt of a
resolution by the Shorewood city Council indemnifying the state of
Minnesota from actions arising from the granting of this variance.
NOW, THEREFORE BE IT RESOLVED that:
A.
The City Council of the City of Shorewood hereby
indemnifies, saves, and holds harmless the state of
Minnesota and all its agents and employees of and from
any and all claims, demands, actions, or causes of
actions of any nature or character arising out of, or by
reason of, in any manner the use of state Aid Funds for
a reconstruction project on M.S.A.S. 111, Old Market
Road, S.A.P. 216-111-01 in any other manner as in
accordance with Minnesota RUle 8820.2800 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 BY THE CITY COUNCIL, of the City of Shorewood, this
27th day of Januarv. 1992.
ATTEST:
Ja es C. Hurm
ci y Administrator
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QSM Orr
Schelen
Mayeron &
Associates, Inc.
2021 East Hennepin Avenue
Minneapolis, MN 55413
612-331-8660
FAX 331-3806
Memorandum
Engineers
Architects
Planners
Surveyors
TO:
FROM:
DATE:
SUBJECT:
Shorewood Mayor and C.ity Co~ncil ~bv'
Joel Dresel, P.E., LS., City Engmeer .)
January 22, 1992
Resolution Accepting Variance - Old Market Road - City Project 91-4
Attached please find a Resolution accepting the granted variance. As you will recall, this
variance was necessary to prevent a technicality from tying up our State Aid Funds on this
project. The Variance Committee granted this variance essentially without comment. On
January 14, 1992, I received a letter from Darryl Durgin officially granting the variance and
requesting a Resolution indemnifying the State of Minnesota. I have attached a copy of this
letter for your reference.
It is my understanding that MnDOT generally requires this indemnification to protect them
from lower design standards that are usually requested in an official variance. As our
variance does not compromise any design standard, we believe that this is, again, simply a
technicality.
/cmw
0122cos.rav
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January 14, 1992
Minnesota Department of Transportation
Transportation Building,
51. Paul, MN 55155
Joel A. Dresel
Shorewood city Engineer
Orr Schelen Mayeron & Assoc.
2021 East Hennepin Avenue
Minneapolis, MN 55413
RECEiVED
Orr-Sche!en-Mayeron & .Assoc.
COMM ~t
JAN 16 1992
In reply refer to:
Request for Variance
S.A.P. 216-111-01
CITY OF SHOREWOOD
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Dear Mr. Dresel:
Upon the advice of a Variance Committee appointed expressly for
the purpose of recommending to me the validity of the City of
Shorewood I s request for a variance from the requirement that
only those projects for which plans are approved by the state
Aid Engineer prior to the award of contract are eligible for
state-aid construction funds; I hereby GRANT the variance.
The variance is conditional upon receipt of a resolution by the
City Council of Shorewood that indemnifies, saves, and holds
harmless the state of Minnesota and all its agents and employees
of and from any and all claims, demands, action, or causes of
actions of any nature or character arising out of or by reason
of, in any manner, the use of state aid funds for a
reconstruction project on MSAS 111, Old Market Road, (SAP 216-
111-01) in any other manner than as in accordance with Minnesota
Rule 8820.2800 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.
~~Q~
Darryl Durgin
Deputy Commissioner
An Equal Opportunity Employer