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Home My WebLink About07-27-196220 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 27, 1962 Minutes of a special meeting'of the Common Council of the City of Rochester, Minnesota, held in the City Hall, in the Council Chambers, in said City, on July 27, 1962. President Tingley called the meeting to order at.5:00 o'clock P. M., the following members being present: President Tingley, Aldermen Bergstedt, DeVries, Leonard; Thomas. Absent: Aldermen Morris and Wilson. The call of the special meeting was read and President Tingley ordered the same placed aE on file, the said meeting having been called for the purpose of,considering a resolution or ordinance regulating construction of driveways and any.other business the said Common Council may • deem proper. Alderman DeVries introduced the following resolution which was read: RESOLUTION REGULATING THE LOCATION, ESTABLISHMENT, CONSTRUCTION AND ALTERATION OF CURBS, CURB-CUTSAND DRIVEWAYS ON THE PUBLIC STREETS: REQUIRING PERMITS TO BE OBTAINED; PROVIDING STANDARDS FOR THE ISSUANCE OF PERMITS; SETTING FORTH THE AUTHORITY OF THE CITY ENGINEER. 1. Section 1. Permit Required. No person, firm or corporation shall locate, establish, begin to construct, construct or alter any curb, curb -cut or driveway on the public streets of the City of Rochester without first obtaining a permit from the City Engineer as provided by this resolution; provided however, that no person, firm or corporation doing such work for the City under contract with the City shall be required to obtain a permit. Section 2. Application. An applicant for a permit hereunder shall file with the City Engineer an application setting forth-: (a) The name and address of the owner and person in charge or possession of the property abutting the proposed work area; (b) The name and address of the person who will do the work; (c) The location of the work area; (d)Detailed plans of the work proposed to be done; (e) The estimated cost of the work; (f) Such other information as the City Engineer shall find reasonably necessary to the det4rmination of whether a permit should issue hereunder. Section 3. Fees. Each application shall be accompanied by a permit fee of $3.00. When curbs, curb -cuts or diriveways are to be located, established, constructed or altered simultaneously, only one permit and one permit fee shall be required. Section 4. Standards for -Issuance of Permit. The City Engineer shall issuea permit hereunder when he finds: (a) That the work will be done according to the standard specifications of the City for the same or similar public work and in accordance with special specifications established by the City Engineer for the type of work covered by this resolution. (b) That the curb, curb -cut or driveway proposed will not constitute • a traffic hazard or unreasonably impair or interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of ingress to and from adjacent properties; (c) That the health, welfare and safety of the public will not be inreasonably impaired; (d) That.the person doing the work is properly qualified. Section 5. Supervision of -City Engineer. All work for which a permis is granted hereunder shall be subject to the inspection, direction and supervision of the City Engineer. Section 6. Alteration of -Existing Curb -Cuts and -Driveways When -Ordered by -the -City -Engineer. Whenever the safety, movement or accommodation of vehicular and pedestrian traffic or the use, convenience and necessity of the public gequire the City Engineer shall have the authority to order the owners or persons in possession of abutting property to alter, relocate, close or discontinue the use of any curb -cut or driveway in such manner as he finds reasonably necessary under the circmmstances. Notice to alter, relocate, close or discontinue the use of any curb -cut or driveway shallbe in writing, shall specify the change to be made, shall state the reasons for such change, shall require compliance within a • I Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 27, 1962 12 "=60252 1 • 1 1 E 1 reasonable time to be specified in the order and shall be served personally or by registered mail on the owner and person in possession of the abutting property. Upon failure of the owner or person in possession of the abutting property to comply with the order within the time specified or any authorized extension thereof, the City Engineer shall take such action as he deems necessary with`the City or other forces to accomplish the purpose of the order. Section 7, Intent. It is not the intent of this resolution to deprive an owner or person in possession of abutting property of reasonable access to his property and to the public street upon which it abuts. It is the intent of this resolution reasonably to regulate access of abutting, property to and from the public streets in order to protect and promote the welfare and safety of the public and the movement of traffic on the public streets and to eliminate unreasonable traffic hazards." A motion was then made by DeVries, second by Bergstedt, that Section 3. Fees. of the above resolution be amended to read 'a permit fee of $5.00" instead of "a permit fee of $2.00. Upon roll call Bergstedt, DeVries, Thomas and Tingley voting "aye" and Leonard voting "no", President Tingley declared the motion and the resolution amended to include a fee of $5.00. A motion was then made by Leonard, second by Thomas, that the said resolution, as amended, be approved and upon roll call and all voting in favor thereof, President Tingley declared the said resolution duly passed and adopted. An ordinance entitled, "An Ordinance regulating the location, establishment, construction and alteration of curbs, curb -cuts and driveways on the public streets; requiring permits to be obtained; providing for standards for the issuance of permits; setting forth the authority of the City Engineer; and providing penalties for violation of its provision", was given its first reading. A motion was then made by Leonard, second by DeVries, that the Council consider business other than the call. Upon roll call all voted in favor thereof. The recommendation of the Rochester Airport Cot ission.recommending to the Common Council that final payment bemade to Kraus -Anderson on contract S.P. 5501-11 & 13 contract 389 & 390, F.A.A.P. 9-21-079-5802 & 5903 in the amount of $14,342.94 which covers the W.B. and M. C. Building; Amount due on the Terminal Building is $28,975.69; however, the Commission recommends that the City of Rochester withhold $2,000.00 of the Terminal Building payment in order to insure adjustment on eight (8) aluminum doors that are constructed unsatisfactorily; the above deduction of $2,000.00 would reduce final payment at this time to the amount of $41,318.63 (W. B. & M. C; Bldg. $14,342.94 - Terminal $26,975.69), was read. Upon motion by Leonard, second by DeVries, and all voting in favor thereof, the recommendation was approved. President Tingley introduced a resolution that the Department of Aeronautics of the State of Minnesota is hereby authorized to pay to Kraus -Anderson the entire balance due on the W. B. & M. C. Building in the sum of $14,342.94 and is authorized to pay to said Kraus -Anderson the sum of $26,975.69 on the Terminal Building, the aforesaid being identified as Rochester Municipal Airport, S. P. 5501-11 & 13, Contract 389 & 390, F.A.A. P. 9-21-079-5802 & 5903, which was read. A motion was made by Leonard, second by DeVries, that the said resolution be adopted as read, and all voting in faovor thereof, President Tingley declared the said resolution duly passed and adopted. • 122 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 27, 1962 FY_G 0'2'5"2 A letter signed by Arthur R. Swan, Attorney representing Rochester Bus Line, requesting that the Council grant authority to initiate -the following changes and trial run, was II read. (1) establish a trial run to the new Frank B. Kellog Junior High School upon the same basis as the run to John Marshall High School, this trial run would be•on a 60-day basis and would be in addition to the regular service in that area (2)-because of the extension of 16th Street N. E. they are requesting to change the north Broadway and Carroll route so that it will travel on 16th Street west to 3rd Avenue N. W. Upon motion by Leonard, second by Thomas, and all voting in favor thereof, the request wasreferred to the Public Safety Committee. Upon motion by Leonard, second by Thomas, the meeting was adjourned. Ci Clerk 1 • 1 •