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October 11, 2022 Page 2 The Planning Commission discussion passed the amendments, with discussion on two primary topics. First, the fencing language was amended to set the maximum height for rear and side-yard fences at six feet six inches, down from the previously considered change to 7 feet. This item is also addressed in the Tomas amendment request being considered as a separate item – this change is contemplated in both this set of general code updates, and the Tomas private application. The second significant discussion related to bus benches, and the treatment of the off-site advertising that supports the private placement of those benches. There was some consideration at the Planning Commission to prohibit these types of signs altogether, with the acknowledgment that the privately- provided bus benches would then be removed by the providers. Instead, the discussion suggested that where the benches provide an important public service, the City should consider providing those (or attempt to work with charitable groups to do so). Because that option would raise more significant issues of cost, maintenance, and other aspects beyond the normal scope of the Planning Commission jurisdiction, the Commission opted to pass on the amendment, with this discussion as context for Council consideration. Thus, the discussion was one of weighing the benefits of the bus benches, against the variable costs: one being the allowance of the advertising in the public right of way, or the competing cost of financially maintaining the benches as a governmental function. The language for the bus bench regulation 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 these 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. Neither Hennepin nor Ramsey County regulate bus benches in their rights of way. Moreover, Metro Transit provides various levels of bench or shelter based on the number of boardings at any particular stop. The benches in question – and the regulations proposed - are designed to address those stops with privately-places benches below the Metro Transit thresholds. 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.