Authorizing a revocable permit and agreement with Mayo Clinic for placement of private improvements within the right-of-way of 1st Ave NW and Center St W to serve the East Logistics Park.

Mayo Clinic is the Owner of the property described as Lots 7 through 12, Block 37, Original Plat to the City of Rochester, Olmsted County, Minnesota. The Owner has requested approval for the placement of landscape plantings, decorative concrete sidewalk, and snowmelt system (collectively "private improvements") in the right-of-way of 1st Ave NW and Center St W adjacent the subject property. The private improvements will serve the proposed park that is planned south of the Owner's East Logistics Building. The Owner will install and maintain the private improvements at its own expense, as well as any damage to public facilities. Public Works has reviewed the request and recommends in favor of the revocable permit and agreement ("the agreement"). The agreement includes language for revocation and liability protection for the City. The agreement has been provided to the Owner for its execution prior to execution and recording by the City.

The permit and agreement with Mayo Clinic are a requirement per the Rochester City Code of Ordinances (RCO), Sec. 9-2-5. The City strives to keep its public rights-of-way in a state of good repair and free from unnecessary encumbrances in order to provide for and protect the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the public rights-of-way.

Chapter 9-2 of the RCO, Public Right-of-Way Management, imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within the City's rights-of-way. This chapter is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons using, excavating, and obstructing the rights-of-way will bear financial responsibility for their work and will be required to maintain, support, protect, or move their facilities.

This agreement is a stand-alone item. There are no prior actions or community engagement to report at this time.

Public Works collects a document preparation and recording fee of $246 for preparation and recording of the subject Revocable Permit and Agreement.

No alternative actions suggested at this time.