3.5. SR 08-24-1998 - Laserfiche WebLink

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~ITEM 3.5. ~ Howard R, Green Company OONSULTING ENGINEERS August 19, 1998 File: 803691J-0071 CONSUl,TING ENGIN~RS Formerly MSA Consulting Engineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: GUARDIAN ANGELS IMPROVEMENTS Dear Council Members: As you are aware, the Park and Recreation Commission has requested that, as part of the Guardian Angels utility improvements, a 10-foot wide bituminous pedestrian pathway be placed in the Mn/DOT right-of-way from the southeast corner of the Guardian Angels project to the driveway of the Elk Bowl. Placing a pedestrian pathway in the Mn/DOT right-of-way requires a special Limited Use Permit. Attached is a copy of the permit. All of the special provisions seem to be somewhat standard in nature. It is worth noting that special provision 16 requires the City to hold Mn/DOT harmless in the case of any injury or death resulting from the use of the trail. There are also hold harmless conditions regarding any flooding caused by the trail or resulting from the termination of the user's rights of the trail. We anticipate no adverse impacts to drainage, and do not foresee Mn/DOT revoking the permit. Therefore, I believe that the only issue that the City should be concerned with is any injury or death arising from a pedestrian using the trail. Attached is a draft resolution for the City Council's consideration. The resolution approves the permit and authorizes the Mayor and City Clerk to execute the Limited Use Permit on behalf of the City. Should you have any questions regarding this permit, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM/st Enclosures O:\PROJ\803691 J\0071\691-1903.aug.do¢ 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389