6.6. SR 07-18-2011 - Laserfiche WebLink

Home Browse Search

Item # 6.6. MEMORANDUM ~~ TO: Mayor and City Council FROM: Justin Femrite, P.E., City Engineer DATE: July 18, 201 I SUBJECT: Consider Use of Right-of--Way by Ken Beaudry Per instruction by the State of Minnesota Fire Marshall, Mr. Ken Beaudry, owner of Beaudry Oil, is required to secure his fuel distribution site located at 711 Proctor Avenue. This resulted from an inspection completed by the State Fire Marshall who identified the facility is within 500-feet of a residential area. A secure facility is defined as having a fence around the perimeter of the site. Without a secure perimeter Mr. Beaudry cannot continue to use the facility as he has in the past by storing and staging trucks at the facility overnight. As a result, Mr. Beaudry has requested to occupy and install a fence along the portion of Quincy Avenue adjacent to his property as shown on the attached map. For many years, Beaudry Oil has used the portion of Quincy Avenue, just west of their building, to park trailers and other miscellaneous pieces of equipment as can be seen in the aerial photo. Quincy Avenue dead-ends at the railroad tracks. The city crews currently do not plow Quincy Avenue through this section of street. Mr. Beaudry is requesting the ability to put up a fence with a gate across Quincy Avenue in the location identified in the attached figure. The initial request by Mr. Beaudry was for the City of Elk River to consider vacating the right-of--way through this area so he could make the required improvements. Staff is not supporting the vacating of the right-of--way due to the presence of both public and private utilities in the corridor. The City Attorney has indicated he would be comfortable with a license agreement to allow such a use. Detailed in such an agreement would include, among other things, the ability fox the city to terminate the agreement at any time and be granted access to the area at all times. We are bringing this item forward to take direction from the Council on preceding with this type of agreement in either this or other cases as they come forward. Staff will be at the July 18, 2011 City Council meeting to discuss. N:\Public Bodies\City Council\Council RCA\Agenda Packet\07-18-2011\7-18-11%20Ken%20Beaudry%20Request[1].doc