1997-09-23 - Laserfiche WebLink

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I I I Council Meeting Minutes September 23, 1997 Page 8 Council Business City Planner Erny Mattila presented the Hwy 8 Moratorium Ordinance. The Hwy 8 Moratorium is due to expire September 30, 1997. It is proposed that the moratorium be extended for the neighborhood north of 6th St. NW and south of Old Hwy 8 (north of the MacGillis & Gibbs site) and those properties located north of 1-694. It is further recommended that all other properties be released from the moratorium. The Planning Commission, Economic Development Commission, and Hwy 8 Task Force all support this recommendation. Motion by Samuelson, seconded by Rebelein, to HOLD A FIRST AND SECOND READING, WAIVE THE READING, ORDER THE PUBLICATION, AND ADOPT THE ORDINANCE EXTENDING THE HWY 8 CORRIDOR MORATORIUM FOR THE NORTHERN PORTION OF THE MAC GILLIS & GIBBS SITE AND THOSE PROPERTIES LOCATED NORTH OF 1-694, AND RELEASING ALL OTHER PROPERTIES FROM THE MORATORIUM. 4 Ayes - 0 Nayes, Motion Carried. Council Business Hwy 8 Moratorium Report 97-215 Ordinance 635 Gunderman brought forth the discussion regarding courtesy benches. The Public Policy Courtesy Benches Commission (PPC) is in the process of drafting an ordinance regarding the management of courtesy benches in the City. Provisions within the ordinance will describe disallowed wording on the benches which might impede the safe flow of traffic, prohibiting reference to tobacco and alcohol products, and prohibiting advertising of a political nature. LeFevere questioned whether the City could withstand a constitutional challenge if the City allowed commercial advertising, but not political advertising. Gunderman said the ordinance would prohibit benches which impair vision at intersections and specifically addresses setback locations. Because of these setbacks, a majority of existing benches will need to be moved, and questioned whether these benches are at Metropolitan Bus Transit stop locations. He asked who would be responsible for removal of the concrete slab if benches are removed, and has concern regarding snow removal, maintenance, liability, and fire hydrant distances. He feels the PPC performed an excellent job, but would like to direct staff and legal counsel to delete courtesy benches in the City based upon an appropriate timeline. LeFevere said the current ordinance requires a permit if construction is performed in a right-of-way (ROW). He does not believe any permits have been applied for by the bus company which essentially means these benches are illegal uses. If Council wishes to prohibit courtesy benches, the amendment should state that benches are not permitted in ROWs. The City should give these bench owners adequate time to remove their benches. Samuelson never sees anyone using these benches, and asked what is the next step. Rebelein feels a presentation by the PPC would be helpful. Gunderman feels these benches are randomly placed, and delaying a decision for removal could create negative cost factors for the City. Fulton added that the PPC intents to forward the proposed ordinance to Council within the month. LeFevere said it is reasonable to request staff to contact the bench company so that Council is mindful of any advertising contracts. Gunderman feels taking immediate action would avoid time-consuming discussions. Rebelein feels the bench owners should be noticed immediately of the real possibility that these benches could be removed.