5.19.
CC Regular Session
- Meeting Date:
- 01/10/2023
- By:
- Todd Larson, Community Development
Information
Title
Adopt Resolution #23-020 Approving a Right-of-way Permit for an Ice Rink North of 157th Avenue NW on Krypton Street NW
Purpose/Background:
Mr. Eric Mjolhus constructed an ice rink to the west of his home at 5649 157th Avenue NW within the paved portion of Krypton Street NW. Krypton Street is a stub street extending north from 157th Avenue. It is intended to connect with 157th Lane to the north in the future when two adjacent properties subdivide (one of these properties is where the pending plat of Gile Addition is located). There are no driveways off of this portion of Krypton Street.
The rink that was constructed contains side boards and light poles. Mr. Mjolhus stated that he constructed the rink with the verbal permission of the former (retired) Public Works Superintendent. Current staff is unaware of how the rink was proposed--with the boards or just simply flooding the roadway. The parameters of the "approval" were not written down nor was anything brought to the Council for official approval. Staff is proposing the approval for this rink follow the same procedures as a Right-of-Way permit. These permits are typically handled administratively as they are often related to underground private utility work or driveway/culvert installations. As the presence of this private rink restricts public use of the stub street for purposes other than skating, and restricts the ability to access or locate underlying utilities, it was determined that this permit approval should be brought forward to the Council for formal approval.
As with right-of-way permits, liability insurance and a hold-harmless agreement are required. Mr. Mjolhus has provided an umbrella policy extending from his homeowner's insurance to protect the City from liability of an injury or damage to the roadway. He has also provided a signed copy of a license agreement (hold-harmless agreement) drafted by the City Attorney. There is also a $115.00 fee for this permit. The approval granted would be on an annual basis. In the future, if the rink is well-supported and no substantial issues arise, Mr. Mjolhus can request approval--recommended each fall--to construct the rink for the upcoming season.
The rink that was constructed contains side boards and light poles. Mr. Mjolhus stated that he constructed the rink with the verbal permission of the former (retired) Public Works Superintendent. Current staff is unaware of how the rink was proposed--with the boards or just simply flooding the roadway. The parameters of the "approval" were not written down nor was anything brought to the Council for official approval. Staff is proposing the approval for this rink follow the same procedures as a Right-of-Way permit. These permits are typically handled administratively as they are often related to underground private utility work or driveway/culvert installations. As the presence of this private rink restricts public use of the stub street for purposes other than skating, and restricts the ability to access or locate underlying utilities, it was determined that this permit approval should be brought forward to the Council for formal approval.
As with right-of-way permits, liability insurance and a hold-harmless agreement are required. Mr. Mjolhus has provided an umbrella policy extending from his homeowner's insurance to protect the City from liability of an injury or damage to the roadway. He has also provided a signed copy of a license agreement (hold-harmless agreement) drafted by the City Attorney. There is also a $115.00 fee for this permit. The approval granted would be on an annual basis. In the future, if the rink is well-supported and no substantial issues arise, Mr. Mjolhus can request approval--recommended each fall--to construct the rink for the upcoming season.
Notification:
None required.
Observations/Alternatives:
Alternatives to consider:
1. Approve the right-of-way permit for the 2022-2023 winter season as recommended by staff.
2. Deny the right-of-way permit and order removal of the materials.
1. Approve the right-of-way permit for the 2022-2023 winter season as recommended by staff.
2. Deny the right-of-way permit and order removal of the materials.
Funding Source:
The right-of-way permit fee is $115.00.
Recommendation:
Staff recommends approving the right-of-way permit for the 2022-2023 winter season.
Action:
Motion to adopt Resolution #23-020 approving a right-of-way permit for an ice rink north of 157th Ave. NW on Krypton St. NW.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Bruce Westby | Bruce Westby | 01/05/2023 08:36 AM |
| Brian Hagen | Brian Hagen | 01/05/2023 11:50 AM |
- Form Started By:
- Todd Larson
- Started On:
- 01/03/2023 01:28 PM
- Final Approval Date:
- 01/05/2023