Adopt Resolution #23-308 Approving Right-of-Way Permit for a Private Ice Rink on Krypton Street North of 157th Avenue Northwest

Purpose:
The purpose of this case is to adopt Resolution #23-308 approving a Right-of-Way Permit for a private ice rink on Krypton Street North of 157th Avenue Northwest, which is a paved public stub street with no outlet. 

Background:
The property owners at 5649 157th Avenue NW, Ms. Jacqueline Mjolhus and Mr. Eric Mjolhus, have requested to build an ice rink with side boards and lighting on the paved stub street segment of Krypton Street, north of 157^th Avenue NW, which abuts the west edge of the Mjolhus’ property.
 
This public stub street has concrete curb and gutter and sidewalk along the east side and municipal utilities exist under this street segment. This stub street is intended to connect with 157th Lane NW 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.
 
Attached is a case with attachments that was reviewed and approved by City Council on January 10, 2023.  This case outlines all relevant background details associated with this case and includes site location figures, pictures of the ice rink in place last winter, a copy of the extended liability coverage for use of City right-of-way, and a copy of the license agreement approved last winter.
 
On November 28, 2023, the Ramsey City Council unanimously approved the request of the property owners to construct a private ice rink on Krypton Street NW, North of 157th Avenue NW, subject to the outlined conditions as stated in the case including requiring the resident to;

1. Enter into a new license agreement with the City to protect the City in the event someone is injured while using the rink or if the rink is damaged by City crews while operating or maintaining existing infrastructure; and,
2. Remove the rink from City right-of-way by April 15, 2024, or within 21 days of written notification by the City; and,
3. Continue to provide liability insurance for their use of City right-of-way. 

Notifications are not required for this case. 

Observations:
The property owners circulated a petition within their neighborhood last winter and none of the signing property owners that signed the petition voiced opposition to the ice rink.
 
Staff did not receive any complaints regarding the use of this rink last winter.
 
The property owners have verbally agreed to follow the same conditions required by the pervious License Agreement approved in January 2023, which aligns with the conditions required by the City Council and included in the attached draft License Agreement.  As of the date this case was published staff had not yet received an executed copy of the license agreement with the property owners’ signatures or the required permit payment of $115.00.  

Alternatives:
Alternative #1:
Motion to adopt Resolution #23-308 approving a Right-of-Way Permit for a private ice rink on Krypton Street North of 157th Avenue Northwest, subject to the property owners signing the new Right-of-Way License Agreement that includes the following conditions;

1. That the Permit is valid until April 19, 2024, at which time all elements of the ice rink must be removed from Krypton Street.
2. That the ice rink is open and accessible to anyone wishing to use it.
3. That the Owners will maintain insurance across the rink during the duration that it is in place.
4. That the Owners will apply annually for a new permit and provide current insurance and sign a right-of-way license agreement before the rink is constructed.
5. That if the Owners fail to adhere to any of the above conditions, the City of Ramsey will invoice the Owners for any costs associated with removal of the rink. 

No funding is required relative to this request.  City costs are limited to the time it took staff and the City Attorney to review and process the request, including preparing and reviewing the License Agreement. 

Staff recommends approving Alternative #1 once the property owners execute the license agreement and pay for the right-of-way permit.   

Motion to adopt Resolution #23-308 approving a Right-of-Way Permit for a private ice rink on Krypton Street North of 157th Avenue Northwest, subject to the property owners signing the new Right-of-Way License Agreement that includes the following conditions;

1. That the Permit is valid until April 19, 2024, at which time all elements of the ice rink must be removed from Krypton Street.
2. That the ice rink is open and accessible to anyone wishing to use it.
3. That the Owners will maintain insurance across the rink during the duration that it is in place.
4. That the Owners will apply annually for a new permit and provide current insurance and sign a right-of-way license agreement before the rink is constructed.
5. That if the Owners fail to adhere to any of the above conditions, the City of Ramsey will invoice the Owners for any costs associated with removal of the rink.