5.3. SR 11-20-2000
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City of ~
Elk
Item # 5. 3 .
MEMORANDUM
TO:
FROM:
Mayor and City C~
Michele MCPhersMr,VDirector of Planning
DATE:
SUBJECT:
November 20, 2000
Consider Resolution for Snowmobile Trail Permit
ReQuest
The River City Snow Riders are requesting assistance from the City Council in
obtaining a permit from the Department of Transportation in order to establish
snowmobile trails along the Highway 10 and 169 rights-of-way.
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Attachments
. October 11, 2000 Letter from River City Snow Riders
. Resolution Establishing Trails
. Limited Use Permits
. Maps Indicating Trail Locations
Analvsis
The attached information indicates that the City of Elk River would be responsible
for the construction and maintenance of the proposed trails. This is due to the
fact that the City must request the permit on behalf of another organization. The
Snow Riders have indicated that they will be responsible for the construction,
maintenance, and signing of the proposed trails.
It should be noted that snowmobilers use the rights-of-way at this time without
the formal establishment of a trail. One of the maintenance responsibilities of the
group will be to provide signage and improve visibility after the roads are plowed
by knocking down snow piles left by the plows.
.
The City Attorney has indicated a concern with liability; however, trails along the
rights-of-way have been established in other cities within the state.
Representatives from the snowmobile club have indicated a willingness to
S:\PLANNING\MICHMC\CCREPRTS\SNOWBIL.DOC
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
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Memo to the Mayor and City Council/Snowmobile Resolution
November 20, 2000
Page 2
provide additional sureties to reduce the City's liability if an accident should
occur.
Recommendation
Staff recommends that the City Council approve the attached resolution, allowing
the River City Snow Riders to establish trails along Highway 10 and 169.
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RIVER CITY SNOW RIDERS
P. O. Box 5530
Elk River, MN 55330
October 11, 2000
Elk River City Council
13065 Orono Parkway
P. O. Box 490
Elk River, MN 55330
RE: Proposed Snowmobile Trail Permit and Resolution
Dear Council Members:
The River City Snow Riders would like to apply for a Right-of-Way permit for a
snowmobile trail on a portion of Highway 169 within the city limits of the City of
Elk River and a portion of Highway 10 which runs through the City of Elk River.
Please see enclosed map of proposed trails.
Our concern is for the safety of the general public and snowmobilers attempting
to get to connecting trails in either Big Lake or Zimmerman. If we are permitted
to install a trail here, it would be groomed on both sides of the highway, we would
install stop signs at crossroads and one-way signs, and level snow banks for
safety.
Please feel free to call with any questions.
Thank you for your consideration.
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RESOLUTION NO.
RESOLUTION REQUESTING A SPECIAL USE PERMIT TO
CONSTRUCT AS SNOWMOBILE TRAIL ON
MINNESOTA DEPARTMENT OF TRANSPORTATION
HIGHWAY RIGHT OF WAY
WHEREAS, the City Council of the City of Elk River is proposing to construct a
snowmobile trail on State Highway right of way.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Elk
River that a Special Use Permit be requested from the Minnesota Department of
Transportation and the City Council authorizes the Mayor to sign the resolution for the
following location:
Right-of-way on both sides of T.H. #10 in Sections 2 and 3, Township 32, Range 26 and
Sections 31, 32, 33, and 34, Township 33, Range 26, Sherburne County, Minnesota
AND
. Right-of-way on both sides of T.H. #169 in Sections 2 and 3, Township 32 and Sections
22, 27 and 34, Township 33, all in Range 26, Sherburne County, Minnesota
Adopted by the City Council this
day. of
,2000.
Mayor
Attest:
City Clerk
Certification
I hereby certify that the above is a true and correct copy of a Resolution duly passed,
adopted and approved by the City Council of said City on
2000.
City Clerk
City of Elk River, Minnesota
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STATE OF MINNESOTA
MINNESOTA DEPARTMENT OF TRANSPORTATION
.
LIMITED USE PERMIT
In accordance with Minn. Stat. 9161.434 and Federal Aid Highway Program
Manual, Volume 7, Chapter 4, Section 1 dated October 4, 1974, a Limited use Permit is
granted to the City of Elk River, Minnesota. This permit is for the purpose of
constructing, maintaining and supervising a two-way traffic snowmobile trail within the
right-of-way of TH 10 within the city limits of the City of Elk River as shown in red on
Exhibit "A" which is attached and incorporated as a part of this permit. In addition, the
following special provisions shall apply:
SPECIAL PROVISIONS
1. This permit is granted solely for the purpose of construction and
maintenance of a snowmobile trail and shall not include the construction of any
permanent buildings as specifically prohibited by the provisions in Minn. Stat. 9161.434.
2. The definition and operation of snowmobiles shall be in accordance with
Minn. Stat. 984.81 and 984.87.
3. The construction, maintenance and supervision of the snowmobile trail
and ancillary facilities will be at no expense to the Minnesota Department of
Transportation.
4. This permit is non-exclusive and is granted subject to the rights of others,
including, but not limited to public utilities which may occupy the right-of-way.
.
1
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5. The City will preserve and protect all utilities located on the lands covered
by this permit at no expense to the Minnesota Department of Transportation.
6. No advertising devices in any form or size shall be constructed or
permitted to be constructed or placed upon the lands covered by this permit.
7. The City shall provide all necessary regulatory signing and enforcement
relating to the safe and proper utilization of the snowmobile trail. Signing to be in
accordance with the Minnesota Manual of Uniform Traffic Control Devices and NR 54 of
the Minnesota Snowmobile Safety Laws, Rules and Regulations.
8. Some hazard or trail markers may have to be removed each year at the
end of the season. These will be identified by Mn/DOT personnel.
9. Trails shall make trunk highway crossings perpendicular to trunk highway
centerline and where there is adequate stopping sight distance.
10. The City shall construct the snowmobile trail at the location shown in the
attached Exhibits "A" and "B" subject to verification by the Minnesota Department of
Transportation's District Director at Bemidji that the construction geometries and
procedures result in trails that are compatible with the safe and efficient operation of the
highway facility.
11. Approval from Mn/DOT will be required for any changes from the
approved plan.
12. The City, upon completion of the construction of the snowmobile trail, shall
restore all disturbed slopes and ditches in such manner that drainage, erosion control
and esthetics are perpetuated.
2
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13. This permit does not release the City from any liability or obligation
imposed by federal law, Minnesota statutes, local ordinances, or other agencies relating
thereto and any necessary permits relating thereto shall be obtained by the City.
14. Any use permitted by this permit shall remain subordinate to the right of
the Minnesota Department of Transportation to use the property for highway and
transportation purposes. This permit does not grant any interest whatsoever in land,
nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge
facility that would be come subject to Section 4(f) of the Federal-Aid Highway Act of
1968.
15. This permit shall be subject to cancellation and termination (for any cause
or reason) or in the event that any portion of the lands subject to this permit are required
for highway purposes, the Minnesota Department of Transportation, at any time, by
giving the City written notice at least 90 days next prior to the date when such
termination shall become effective.
16. Upon cancellation of said permit, or any portion thereof, the City will be
required to return and restore the area in a condition satisfactory to the Minnesota
Department of Transportation's District Director.
17. City shall assume all liability for and hold harmless and indemnify the
Minnesota Department of Transportation, its Commissioner of Transportation and
employees from liabilities and claims of damage because of bodily injury, death,
property damage, sickness, disease or loss and expense arising from the City's
operation on the lands over which this permit is granted.
3
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18. The City, for itself, its heirs, its personal representatives, successors in
interest, and assigns, agrees to abide by the provisions of Title VI, Appendix C of the
Civil Rights Act of 1964.
RECOMMENDED FOR APPROVAL:
District Director
Minnesota Department of Transportation
Date
PERMIT ACCEPTED BY THE
CITY OF ELK RIVER
PERMIT APPROVED BY THE
DEPARTMENT OFTRANSPORTATION
City Council Chairman
Dated:
Dated:
4
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STATE OF MINNESOTA
MINNESOTA DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
In accordance with Minn. Stat. S161.434 and Federal Aid Highway Program
Manual, Volume 7, Chapter 4, Section 1 dated October 4, 1974, a Limited use Permit is
granted to the City of Elk River, Minnesota. This permit is for the purpose of
constructing, maintaining and supervising a snowmobile trail within the right-of-way of
e
TH 10 within the city limits of the City of Elk River as shown in red on Exhibit "I(' which
is attached and incorporated as a part of this permit and TH 169 within the city limits of
the City of Elk River, as shown in red on Exhibit "8" which is attached and incorporated
as a part of this permit. In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. This permit is granted solely for the purpose of construction and
maintenance of a snowmobile trail and shall not include the construction of any
permanent buildings as specifically prohibited by the provisions in Minn. Stat. S161.434.
2. The definition and operation of snowmobiles shall be in accordance with
Minn. Stat. S84.81 and S84.87.
3. The construction, maintenance and supervision of the snowmobile trail
and ancillary facilities will be at no expense to the Minnesota Department of
Transportation.
4. This permit is non-exclusive and is granted subject to the rights of others,
including, but not limited to public utilities which may occupy the right-of-way.
1
.
.
.
2
.
.
.
13. This permit does not release the City from any liability or obligation
imposed by federal law, Minnesota statutes, local ordinances, or other agencies relating
thereto and any necessary permits relating thereto shall be obtained by the City.
14. Any use permitted by this permit shall remain subordinate to the right of
the Minnesota Department of Transportation to use the property for highway and
transportation purposes. This permit does not grant any interest whatsoever in land,
nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge
facility that would be come subject to Section 4(f) of the Federaf-Aid Highway Act of
1968.
3
.
.
.
18. The City, for itself, its heirs, its personal representatives, successors in
interest, and assigns, agrees to abide by the provisions of Title VI, Appendix C of the
Civil Rights Act of 1964.
RECOMMENDED FOR APPROVAL:
District Director
Minnesota Department of Transportation
PERMIT ACCEPTED BY THE
CITY OF ELK RIVER
City Council Chairman
Dated:
Date
PERMIT APPROVED BY THE
DEPARTMENT OFTRANSPORTATION
Dated:
4
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Shop (612) 441-3374
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