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POLICY Hl 11/24/04 • ITEM: Discussion on ordinance change relating to Bus Bench Signs SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Roger Knutson, City Attorney EXPLANATION: Summary: In early April, staff notified U.S. Bench that they were in violation of a city ordinance which prohibits advertising signs in the right of way. This enforcement action was the result of a citizen complaint about the location of a bus bench adjacent to the resident's property. At the May 5, 2004 meeting, the Council enacted a six month moratorium on the installation of any new bus bench signs in the city to give staff time to research the issue and come back to the Council with a recommendation. At the September 22"d meeting, staff requested an extension to this moratorium to November 24`". Staff has researched the approaches that other cities take to this issue, and makes the following recommendations. • Ordinance Recommendations: 1. Definition: A courtesy or bus bench sign is a waiting bench for the convenience of the public waiting for a regularly scheduled public transportation at a scheduled Metro Transit Bus Stop in the city. 2. Location: Courtesy or bus bench signs may be located on public property when adjacent to commercial or business property (B-1, B-2, B-3), and may be placed on private property in commercial or business property (B-l, B-2, B-3) when permission is obtained from the owner of the land, and a license is granted by the city in accordance with this section. No courtesy or bench signs may be located in residential areas (R-1, R-2, R-3 or R-4 zoning districts). 3. Specifications: Each bench location must be approved by the city zoning administrator. Benches must be installed parallel with the curb. 4. A bench must have displayed thereon, in a conspicuous place, the license number assigned to it. 5. The licensee must maintain the bench at the location designated in the license and keep the bench in good repair, painted, the sign face maintained in good condition, and the bench structure kept in usable condition. Optional provisions: 1. Several cities limit the size and height of benches-for instance, the City of Crystal, limits • them to no more than 42 inches high, or more than 30 inches wide or seven feet long. 2. Several cities regulate the advertising to not allow the words "STOP", "LOOK", "DRIVE- IN", "DANGER" or "any other word, phrase or symbol which might interfere with, mislead or distract traffic". (Minneapolis, Brooklyn Center). ~4