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August 17, 2022 Page 2 The last section addresses bus benches, which is a new section of Code. The language is developed from other various sources, and is proposed here due to the occupation of the pubic right of way, and the observance that in some cases, there have been maintenance issues in the right of way which has raised problems for (especially) sidewalk snow maintenance. Since this benches serve an advertising purpose for their sponsors, but can raise issues for public pedestrian circulation and/or maintenance problems, staff is bringing this forward for consideration. This material codifies the regulation of Bus Benches that are placed by private vendors on public right of way at bus stops in the city. This is an aspect of the City’s right of way management, not technically a zoning code element, although a few changes to the Sign section of the code will need to accompany this section, included after the Bench Section below. They are usually located on main roadways, and often on sidewalks. Staff has found that these benches can generate significant income for the bench owners through leasing advertising space on the bench. Staff has also found that neither Metro Transit nor the right of way owners (usually Hennepin and Ramsey Counties) do not regulate these benches in their rights-of- way. This licensing process will allow the city the opportunity to ensure that any such benches are properly placed and maintained. It further provides for appropriate insurance of those occupying the right of way, and requires a clause indemnifying the city in the event of a liability claim. The benches serve a public purpose in that persons utilizing scheduled transit often rely on them as both markers and rest while waiting for their ride. Because these benches provide advertising, they become a de facto sign. As such, the proposed regulations provide for size, location, and various other requirements to ensure that they serve their public purpose, but do not become a nuisance. The Planning Commission is asked to provide comments and thoughts on the proposals at the upcoming meeting and public hearing, after which staff will prepare formal ordinances amendments for consideration by the City Council. The Comprehensive Plan material below is carried over from the original staff memo as background for the Public Hearing. PLANNING COMMISSION ACTION 1.Staff recommends approval of the proposed amendments to the City Code as reflected in the attached ordinance redline version, with final comments and edits from the Commission following the public hearing. Alternative Motions 2.Motion to recommend denial of the amendments, based on findings to be identified as a part of the discussion following the public hearing. 3.Motion to table action on the amendments and continue the public hearing, to allow for further research and editing as directed by the Commission.