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HomeMy WebLinkAbout2003-025 CCRMember Kathleen Carmody introduced the following resolution and moved its adoption:. RESOLUTION NO. 2003-25 RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT NO. 2002-05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I-94) WHEREAS, the City of Brooklyn Center receives Municipal State Aid (MSA) funds to pay for certain roadway improvements to city streets designated as part of the MSA system; and WHEREAS, City Project 2002-05, MSAP 109-110-09, Xerxes Avenue North Reconstruction, from Northway Drive to I-94, is identified as part of the MSA system in the City of Brooklyn Center; and WHEREAS, the City of Brooklyn Center was required to submit plans to the Minnesota Department of Transportation for review and approval, prior to the opening of sealed bids in accordance with State of Minnesota Rules; and WHEREAS, State of Minnesota Rule Chapter S 820.2800, Subp. 2 states "Only those projects for which final plans are approved by the state-aid engineer before opening of bids or approving a force account agreement are eligible for state-aid construction funds..."; and WHEREAS, the City of Brooklyn Center opened bids for said project on April 17, 2002, prior to approval of plans by the state-aid engineer dated May 9, 2002; and WHEREAS, the City must be granted a variance from the Minnesota Department of Transportation before the City can be reimbursed state-aid funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The City of Brooklyn Center requests that the Minnesota Department of Transportation grant the City a variance from State of Minnesota Rule Chapter 8820.2800, Subp. 2 which states "Only those projects for which final plans are approved by the state-aid engineer before opening of bids or approving a force account agreement are eligible for state-aid construction funds..."; for City Project 2002-05, MSAP 109-110-09. 2. The City of Brooklyn Center requests reimbursement of state aid funds from the Minnesota Department of Transportation for said project upon granting of said variance. RESOLUTION NO. 2003-25 . - /o - 6-3 Date ATTEST: City Clerk 'jo ZA Wwftj Mayor Pro Tem The motion for the adoption of the foregoing resolution was duly seconded by member Diane Niesen and upon vote being taken thereon, the following voted in favor thereof: Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.