5.10. SR 10-17-1994
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ITEM 5.10.
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVEN B. ACH .fidl/
DATE:
OCTOBER 17, 1994
SUBJECT: LIMITED USE PERMIT FOR
CONSTRUCTION OF VETERANS'
MEMORIAL WITHIN MNDOT RIGHT
OF WAY
REQUEST
Consider obtaining a limited use permit from MnDOT, allowing the
American Legion to construct a Veterans' Memorial.
ATTACHMENTS
.
Location Map
Letter from MnDOT
Letter to Ed Norrell
Sketch of Veterans' Memorial
OVERVIEW
The American Legion would like to construct a Veterans' Memorial upon a
triangular piece of MnDOT right-of-way along the south side of Highway 10
between Oxford and Norfolk. The memorial would be constructed of granite
material and measure approximately 8 feet wide and 10 feet high. Since this
memorial would be placed within MnDOT right-of-way, a limited use permit
from MnDOT is required.
Last week, contact with MnDOT office was made to begin the process of
obtaining a limited use permit. This permit would be issued to the City of Elk
River who in turn would work with the American Legion to complete the
project. MnDOT has identified a specific location the memorial may be placed
within the right-of-way. As long as the memorial is located within this
identified area, the City and American Legion may proceed with constructing
a memorial.
.
Prior to actually obtaining the limited use permit, staff is requesting City
Council approval to work cooperatively with MnDOT and the American
P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
.
Legion in constructing a Veterans' Memorial. As indicated in a letter sent to
representatives from the American Legion, the City Council may wish to
enter into some type of agreement relative to maintenance, liability and
potential costs for removal of any structures if improvements are ever to
made to Highway 10.
PROPOSED PLANS
Attached is a sketch drawing of the memorial proposed by the American
Legion. The initial phase will consist of the memorial itself, along with a
concrete walkway and possibly some benches. At a later date, the American
Legion may request additional approval to construct other improvements
such as flags, a gazebo-type structure and possibly signage. All of these will
require amendments to the limited use permit from MnDOT.
In addition to the memorial, staff has been working with MnDOT to
coordinate a pedestrian system along the MnDOT right-of-way from
downtown to Orono Park. The trail will pass through this piece of right-of-
way which the memorial is located upon. Both of these improvements should
complement one another, since the open space will take on the appearance of
a passive park.
. REQUESTED ACTION
It is requested the City Council indicate whether the City should obtain a
limited use permit from the Minnesota Department of Transportation to
allow the American Legion the opportunity to construct a Veterans' Memorial
within MnDOT right-of-way. In addition, the Council should direct staff to
work with the American Legion and MnDOT to complete plans and necessary
agreements for the construction of a memorial. Lastly, if the City Council
would like to hold a public hearing on this item informing the residents of the
proposed improvements, this should also be noted.
.
s:council:vetmem
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October 10, 1994
Ed Norell
17810 Halas Street NW
Anoka, MN 55303
Dear Mr, Norell:
.
Last week I contacted MnDot to begin the process of obtaining a special use
permit for the construction of a Veteran's Memorial within MnDot right of
way along Highway 10 and the Oxford intersection, Enclosed is a letter from
MnDot as a follow up to my conversation with them, which states
construction of the Veteran's Memorial may proceed with the understanding
the memorial will be located within a specifically identified area as
illustrated on the attached map. Also, it should be noted that the letter
makes reference to a bike trail, which is a trail the City has been working
cooperatively with MnDot to establish from the downtown area to Orono
Park, The trail will pass through the same piece of right of way that the
memorial will be placed on, however, the two improvements should not affect
one another; conversely will compliment each other as the use of that
property.
Before proceeding any further with preparing plans or ordering the
monument from the company you are working with, this issue of a limited
use permit will be taken to the City Council on October 17, 1994. As it
stands right now, the limited use permit will be issued to the City of Elk
River for use of MnDot right of way. Therefore, I would suspect that the City
will have to enter into some agreement with the American Legion relative to
general maintenance around the monument area as well as the liability or
any claims for damages that may arise in the future, Therefore, an
agreement between the Legion and the City would be appropriate.
.
On the attached site plan I have indicated a possible location of the Veteran's
Memorial as well as a possible alignment of the futme trail system. To
confirm the location and overall design of this piece of property, it may be
appropriate to develop a site plan for the subject property,
P.O. Box 490 . 13065 Orono Parkway. Elk River, MN 55330 . (612) 441-7420 · Fax: (612) 441-7425
.
At
.
If you have any further questions or comments, please feel free to give me a
call at 441-4902, Once again, this item will be brought before the City
Council on October 17, 1994. If you would like a copy of the staff memo
presented to the Council, please give me a call and I will provide you with the
information.
Sincerely,
~~dL'
. Steve~~h
City Planner
cc: Gene Schuldt
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OF Tl'o"'''
District 3
Minnesota Department of Transportation
3725 12th Street North, p, 0, Box 370
Saint Cloud, Minnesota 56302
Telephone: (612) 255-4181
October 5, 1994
OCT _ 6 199~
Steve Ach
City of Elk River
13065 Orono Parkway
Elk River, MN 55330-1900
In reply refer to:
C.S. 7102, T,H. 10
Proposed veterans memorial
Dear Mr, Ach:
.
Attached herewith is a portion of the MnDOT right-of-way map on which I have indicated in
yellow the area where the veterans memorial may be constructed. It should be wholly
contained within this triangular strip. You may consider this letter permission to proceed
with construction with the understanding that the memorial will be included with the limited
use permit for the bike trail. It should be further understood that if this property is ever
needed for highway improvements you may be required to alter or remove the memorial from
T.H. right-of-way at no cost to MnDOT and that you are liable for any claims for damages
that may arise as a result of this construction.
Sincerely,
~~
Roger Busch
Roadway Regulations Supervisor
cc: D.' Raisanen
J. Curran
.
AN EQUAL OPPORTUNITY EMPLOYER
PRINTED ON RECYCLED PAPER
INFORMATION
AUG Z 9 199'
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August 24, 1994
Minnesota Department of Transportation
District 3
1991 Industrial Pk. Rd,
Baxter, Minnesota 56401
Th H bl S h ' KI' . Quality Service Through Individual Commitment
e onora e tep ame mzmg
Minnesota House of Representatives
10511 209th Ave N.W.
Elk River, MN 55330
(218) 828-2460
RE: T.H. 10 - Elk River proposal for memorial site
Dear Representative Klinzing:
.Commissioner Denn has asked me to respond to your letter regarding the Trunk Highway 10 right-of-
way near Proctor Road in Elk River. I checked this situation with Rick Amebeck, Assistant District
Engineer in St. Cloud and he informs me that they have been coordinating this effort however, no
written commumcations with Elk River have been finalized to date.
The fol1owin~ information is provided for your use and may be shared as you feel appropriate.
.
The triangular segment ofT,H. 10 right-of-way may be used to provide a memorial
site as proposed by the American Legion, .
.
.
This arrangement is best handled through a limited use permit that MnDOT will grant
to the city of Elk River.
. Our SL Cloud office has been in contact with the city and the permit process can
begin immediately.
During our previous discussion with the city, they also expressed interest in a hikinglbiking trail along
T.H. 10. Our St. Cloud office will serve a coordinating role to provide whatever assistance may be
available through our Bikeways office in St, Paul.
Thank you for bringing this matter to my attention, While we continually strive to maintain good
communications, occasionally things still get missed. A written reply to the city will be prepared this
week. If you have any further questions on this matter please do not hesitate to call me or Rick
Arnebeck in St. Cloud at 1-800-657-3961 or 612-255-4231.
,
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Don Raisanen
District Engineer
cc:
J, Denn, COMMISIONER
tP ,Klaers, City Administrator
R, Arnebeck, 5L Cloud .
.
An Equal Opportunity Employer