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I I I Council Meeting Minutes September 23, 1997 Page 9 Council Business. continued Council Business Fulton said the intent is to provide a mechanism to manage the placement and Courtesy Benches maintenance of the benches. Council could ban all courtesy benches, however, from a service standpoint, there may be appropriate locations where benches are in demand. Council may wish to reinstall benches in locations where the public requests. If this occurs, the City will want control over the placement and maintenance of those benches. Rebelein asked if the companies who installed the concrete pads would be responsible for their removal. Gunderman feels there is no need to continue discussion because their usage is illegal. Witzke confirmed that the benches in question are not the existing MTCO bus shelters. Motion by Gunderman, seconded by Larson, to DIRECT STAFF AND LEGAL COUNSEL TO PULL TOGETHER APPROPRIATE PROCEDURES WHICH WOULD PROVIDE FOR THE REMOVAL OF ALL COURTESY BENCHES IN THE CITY OF NEW BRIGHTON. 2 Ayes (Gunderman and Larson) - 2 Nayes (Samuelson and Rebelein). Motion died due to lack of a majority. Motion by Samuelson, seconded by Rebelein, to ASK THE PPC TO REINVESTIGA TE THE REMOVAL OF COURTESY BENCHES AND THE INCLUSION OF COMMENTS STATED BY COUNCIL; AND PRESENT THEIR FINDING TO COUNCIL WITHIN TWO WEEKS. 3 Ayes - 1 Naye (Gunderman), Motion Carried. Gunderman feels that allowing an illegal use to continue is incorrect. Larson agrees with Gunderman, however, the PPC recommendation should be heard before Council action is taken. Larson has issue with the January 1, 1998 enactment date and feels bench removal should occur before winter. Gunderman is concerned that the bench companies could issue advertising contracts before Council takes formal action. Rebelein said the City could provide benches with no advertising messages in needed locations, Gunderman does not have issue with installation of non-advertising benches, but feels this issue is being dragged out too long. Larson requested that the bench companies be notified of the Council's inclinations. Mattila's interpretation of the Sign Ordinance does not state any regulations regarding the usage of these benches. LeFevere believes these are illegal uses because no permit has been secured for the erection of these benches in ROW locations. Fulton explained that the majority of these benches reside on County ROW, and the County has deferred the management and oversight to the municipalities. The ordinance's intent is to gain more control over the number and location of benches. He does not believe City resources should be used to provide bench services, however, public comment may suggest needed benches. Benches could be reinstalled in some locations, and the City would have regulation over placement, safety, maintenance, and permitting of those benches. Gunderman's motion is reasonable, however, it is much sooner than expected. The January 1, 1998, date would provide the bench companies adequate removal time.