HomeMy WebLinkAboutResolution No. 297-15 - RNeighbors.IntersectPaint.RevPermitRESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to RNeighbors to allow the painting of the intersections of Second Avenue N.W.,
between Ninth and Tenth Street N.W; 20 '/2 Avenue N.W., at 48t" Street N.W; Fifth Avenue and
Seventh Street S.E; and Seventh Street S.W., and Seventh Avenue S.W.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions-
1. The permittee shall defend, indemnify and hold the City of Rochester, its officers,
agents and employees harmless from any claims for damages to persons or
property, including legal fees and costs of defending any actions or suits, including
appeals, which result from the permitted activity;
2. Permittee must be an organized neighborhood group and represent the entire
neighborhood;
3. The intent of the proposed project and the likely outcome of such project shall be
consistent with the goals of the City as provided by the City Council;
4. The painting must occur on two streets classified as Local Service Streets and carry
less than a combined 2,500 vehicles on an average day;
5. The applicant for a permit must provide to the City Traffic Engineer a petition of
support for the proposed intersection modifications. The petition must have
signatures from each of the adjacent residents and at least 80% of the residents on
the project street frontages within two standard blocks of the proposed project. The
City Traffic Engineer shall have the authority to modify the petition boundaries when
considered appropriate. The City Traffic Engineer shall certify the accuracy of the
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petition;
6. The applicant for a permit must provide the City Traffic Engineer with a written
description of the proposed changes, including diagrams depicting how the
intersection will look when completed. The applicant must demonstrate how the
project will improve, or at least maintain, traffic safety and the safety of individuals at
or in the vicinity of the intersection;
7. The City Traffic Engineer may recommend approval of a revocable permit
authorizing construction and maintenance of the project as described and shown in
the submitted diagrams subject to any changes that may be required by the City
Traffic Engineer;
8. The permit shall be for use of the public right-of-way, and does not exempt the
permittee from obtaining any license or permit required by City ordinances for any
act to be performed under this permit. The permit shall not waive the provisions of
any City ordinance or the Home Rule Charter, except as stated herein;
9. The permit shall not exempt any party from complying with all applicable traffic laws
including laws regarding pedestrians;
10. The permittee is not authorized to do any excavation except as specifically identified
in the project plans. The permittee shall be responsible for protecting all public and
private facilities placed in the public right-of-way including underground utilities;
11. The permittee shall notify all households and businesses within four standard city
blocks of the proposed project at least 30 days before the project installation date;
12. The permittee shall obtain a "Block Party Permit" to close all legs of an intersection
for up to one block distance in order to install the intersection modification.
Permittee shall use Type III barricades and STREET CLOSED signs as provided in
the Manual of Uniform Traffic Control Devices. No street shall be blocked for more
than 12 hours in any 24-hour period unless specifically allowed by the City Traffic
Engineer;
13. Repair, maintenance or installation of existing or future utility facilities in the right-of-
way may require the permittee to reconstruct, move or remove the project, or
portions of the project, with all costs borne by the permittee;
14. The permittee shall work with all affected neighbors to resolve any concerns that
may arise regarding the project. The inability to resolve such concerns may be
grounds for revocation of this permit by the City.
15. The permittee shall maintain, at no cost to the City, all aspects of the project during
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the term of the permit. If any nuisance condition is allowed to exist in the area of the
project, the City may summarily abate such nuisance. The existence of a nuisance
in the area of the project may be grounds for revocation of the project.
16. All permits shall be revocable by the City Council for any cause.
17. The permittee shall, at no cost to the City, remove all aspects or features of a project
when the permit expires or is revoked.
18. The modification shall not contain any text, advertisement or symbols that might be
offensive or inappropriate.
19. The paint used for the modification and all future maintenance shall be traffic paint
and contain anti-skid additives.
20. This permit may not be assigned without the City's approval.
The Mayor and the City Clerk are authorized and directed to execute the revocable permit,
subject to the above conditions, on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res15\RevPermit\Paint15
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