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HomeMy WebLinkAbout1807-89 - ADMIN Ordinance - City Council - 1989/10/16ORDINANCE NO. 1807-89 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO COURTESY BENCHES SECTIONS 13-740 THROUGH 13-746 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Sections 13-740 through 13-746 are amended to read as follows: SECTION 13-740. Courtesy Benches and Permit Required. No person shall place or maintain any courtesy bench on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thoroughfare within the City of St. Louis Park without first having obtained a permit and having complied with the provisions of the City Ordinance Code including, but not limited, to Sections 13-740 to 13-744 inclusive. For purposes of this courtesy bench ordinance, the following definitions apply: (1) A "courtesy bench" shall mean any bench or seat located on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thor- oughfare or on private property dedicated to public use as specified in Section 13-741 (2) of the City Ordinance Code. A "person" shall mean any individual, firm, partner- ship, corporation, trustee, association, permit holder, licensee, owner, or lessee. A "sign" shall mean any announcement, display, message, illustration, insignia, or logo used to identify, direct, inform, advertise, or, promote any person and shall include, but not be limited to, any symbol, picture, wording, figure, or any other form of graphic when attached to or painted on any courtesy bench. For the purpose of maintenance or removal of signs on courtesy benches, the word "sign" shall also include frames, support structures, and attachments. SECTION 13-741. Procedure for Issuance of Permits. A permit or renewal permit to install -and maintain a courtesy bench may be issued by the City Manager to a person complying with the following requirements: (1) The application for permit shall be made in such form as the City Clerk shall require and shall contain the location, detailed plans and specifications of each proposed courtesy bench and sign, if any, to appear thereon, a hold harmless clause protecting the City, and such other information as shall be required by the City Manager. 1 (2) Each application for a courtesy bench to be located on private property shall be accompanied by a statement in such form as the City Clerk shall require, signed by the owners or lessees of the private property where each courtesy bench is proposed to be located giving such owners' or lessees' consent to the installation and maintenance of the courtesy bench at the proposed location and dedicating for public use the property on which the courtesy bench is located and up to the existing public right-of-way so long as the courtesy bench is in place. Such dedication need not be in a recordable form. The applicant shall furnish evidence of said ownership or lease as the City Manager may require. Such consent shall not be required when the courtesy bench is proposed to be located on existing public right-of-way. Each new application for a courtesy bench without a sign shall be accompanied by a non-refundable permit fee of $20. Each new application for a courtesy bench with a sign shall be accompanied by a non-refundable permit fee of $35. (4) All permits shall expire as of December 31 following the date of issuance thereof unless a renewal permit application and fee are submitted to the City. The renewal permit fee for a courtesy bench without a sign is $10. The renewal permit fee for a courtesy bench with a sign is $25. (5) The renewal permit application shall be made in such form as the City Clerk shall require and shall be submitted prior to the expiration date of the current permit. Any renewal permit application submitted or postmarked after the expiration date of the current permit shall be assessed a penalty of 50% of the renewal permit fee or $25, whichever is less. (6) Whenever a courtesy bench for which a permit has been issued is sold or title or control thereof is trans- ferred or assigned, a new permit shall be required. (7) A separate application shall be submitted for each new courtesy bench location. (8) No new permit or renewal permit shall be issued to any person who is in violation of any section of this ordinance. (3) (9) No new or renewal permit application or fee shall be required for courtesy benches owned by the City of St. Louis Park. (10) Nothing in this ordinance shall be construed to create any entitlement to a renewal permit, the issuance of which shall be in the sole discretion of•the City. 2 (11) Denial of a renewal permit may be appealed to the City Council pursuant to Section 13-105.101 of the City Ordinance Code. (12) No more than fifty (50) courtesy bench permits shall be issued and in force under this ordinance. (13) A permit holder may be permitted to transfer a courtesy bench permit when relocating a bench providing the permit holder submits an application and such application is approved by the City Manager. The transfer fee for relocating an existing courtesy bench to another approved location is $10 if the City of St. Louis Park requests such relocation. The transfer fee is $35 if the permit holder requests such relocation. SECTION 13-742. Criteria for Location, Construction, and Maintenance of Courtesy Benches. (1) A courtesy bench shall be located parallel to the nearest curb and no less than three (3) feet behind the face of said curb. (2) A courtesy bench may be located on a sidewalk, provided there remains a minimum continuous width of five (5) feet, including the top of curb, of unobstructed sidewalk. (3) A courtesy bench shall be installed and maintained on a durable, level surface including, but not limited to, concrete, bomanite or decorative brick. Such courtesy bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No courtesy bench shall be fastened, secured, or anchored to any City property including, but not limited to, City sidewalks, utility poles, and sign posts without approval of the City Manager. (4) A courtesy bench shall have a minimum clearance of two (2) feet at both ends thereof. (5) A courtesy bench placed on a boulevard shall have a durable surface provided under and around the courtesy bench with the durable surface extending from the curb to the sidewalk. A courtesy bench placed behind the sidewalk shall have a durable surface under and around the courtesy bench with the durable surface extending to the sidewalk. The durable surface shall extend at least two (2) feet beyond the ends of the courtesy bench when the courtesy bench is located in front of the sidewalk. The durable surface shall extend at least 3 six (6) inches beyond the ends of the courtesy bench when the courtesy bench is not located in front of the sidewalk. A courtesy bench placed at a location where no sidewalk exists shall have a durable surface extending from the edge of the roadway to the courtesy bench, including clearance areas required in Section 13-742 (4) of this ordinance. (6) A courtesy bench shall not be located within ten (10) feet from the face of the nearest curb along the near- est street perpendicular to the courtesy bench and shall not be located within the triangular area of an inter- section as defined in Section 12-1309 of the City Ordinance Code, as follows: "Section 12-1309. Visual Obstructions at Intersections of Two or More Streets. No person owning or occupying any property adjacent to intersecting streets in the triangular area bounded by a line joining the points on the centerlines of such intersecting streets, eighty (80') distant along such centerlines from their point of intersection, shall allow or permit any obstruction to vision including but not limited to trees, shrubs, hedges, fences, signs, walls, or billboards, to be or remain in the space above a height of thirty inches (30") and below a height of five feet (5') above the center line grades of center lines of such intersecting streets". (7) A courtesy bench shall not be located within five (5) feet of a hydrant, driveway, alley, or marked crosswalk. (8) A courtesy bench shall be constructed of durable materials including but not limited to concrete, wood, steel, plastic, or combination thereof, with colors limited to earthtones of subdued greens, grays, browns, reddish -browns, and golds. No courtesy bench shall be more than forty-four (44) inches high, nor more than thirty (30) inches wide, nor more than seven (7) feet long over all. (9) (10) A courtesy bench shall be located only at a designated bus stop. (11) It shall be the duty of the permit holder to maintain each courtesy bench at all times in a safe condition at its approved location and to inspect each courtesy bench periodically in order that it may be properly maintained. (12) The application shall be denied if the City Manager shall find that the maintenance of the courtesy bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way, or to 4 create a hazard, or otherwise to be detrimental to the public safety, convenience or welfare. (13) If the owner or lessee of any property on which a courtesy bench is located, shall by writing filed with the City Clerk on or before the first day of December preceding the expiration of any permit, withdraw consent to the renewal thereof, after such expiration, the City Manager shall promptly notify the permittee of the filing of such writing and shall deny the renewal of such permit unless and until such owner or person in possession or control, shall in writing consent to such renewal permit being issued. SECTION 13-743. Signs on Courtesy Benches. (1) Signs may be permitted only on a courtesy bench which is located in one of the following zoning districts: "R-4", "DDD", "PUD", "R -B", "B-1", "B-2", "B-3", "I-1", "I-2", or "I-311. (2) No sign shall be displayed on any courtesy bench except upon only the front and back sides of the backrest. (3) In zoning districts "R -l", "R-2", and "R-3", installation of a courtesy bench with a sign on the front side of the backrest (street facing) only shall require written permission from the adjacent property owner(s) or occupant(s) and shall be granted by permit only after City Council approval. No more than ten (10) percent of the courtesy bench permits allowed under this ordinance shall be located in zoning districts IIR-1", IIR-2", and "R-3". (4) Each sign permitted on a courtesy bench shall not exceed twelve (12) square feet in area. (5) No sign on a courtesy bench shall display the words "STOP", "LOOK", "DRIVE-IN", "DANGER", or any other word, phrase, or symbol which might interfere with, mislead, or distract traffic. No sign shall include political, liquor, or tobacco advertising of any character. (6) No illuminated signs shall be displayed on a courtesy bench. (7) No fluorescent or reflective materials shall be part of a courtesy bench or signs attached thereto. 5 (8) SECTION Benches. (1) (2) Any bench or seat with a sign which is placed outside of any public right-of-way must comply with the Sign Ordinance sections of the City Ordinance Code. Nothing in this ordinance -shall be construed to allow the installation of any sign other than those signs at- tached to courtesy benches for which a valid permit has been issued. 13-744. Revocation of Permits and Removal of Courtesy Upon violation of any section of this ordinance, a permit for a courtesy bench may be revoked by the City Manager in accordance with procedures contained in Section 13-115 of the City Ordinance Code. In the event a permit for a courtesy bench expires and no renewal permit application and fee are submitted, or in the event said permit is revoked and the permit holder has exhausted its remedies under Section 13-115 of the City Ordinance Code, the permit holder shall immediately remove the courtesy bench, including any durable surface installed under the courtesy bench, and restore the affected ground area to the condition it was in prior to installation of said courtesy bench. If the permit holder fails to do so, the City may remove said courtesy bench and durable surface and complete any necessary restoration by order of the City Manager upon the expiration of ten (10) working days after written notice from the City Manager is given in person or by certified mail directed to the address of the permit holder on file with the City. The permit holder shall pay to the City its costs of removal, storage, and restoration, if any, relating to the courtesy bench, durable surface, and affected ground area. If the permit holder shall fail to pay to the City said costs within a period of ten (10) days after demand by the City, the permit holder's right in said courtesy bench and durable surface shall be forfeited and the City may dispose of said courtesy bench and durable surface by proper means; provided, however, that such forfeiture shall not excuse the permit holder from payment of said costs of the removal, storage, and restoration. (3) Any courtesy bench which is placed on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thoroughfare within the City of St. Louis Park, before a permit for it has been obtained in accordance with this ordinance, may be removed by the City by order of the City Manager, along with removal of any durable surface 6 under said courtesy bench and completion of any necessary restoration of the underlying ground area. The bench owner pall pay to the City its costs of removal, storage, and restoration, if any, for said courtesy bench. If the owner shall fail to pay to the City said costs within a period of ten (10) days after demand by the City, the owner's right in said courtesy bench and durable surface shall be forfeited and the City may dispose of said courtesy bench and durable surface by proper means; but provided, however, that such forfeiture shall not excuse the owner from the payment of the costs of removal, storage, and restoration. (4) All courtesy benches existing as of the adoption of this ordinance must be brought into conformance with all provisions of this ordinance or be removed by October 1, 1990. SECTION 13-745. Penalty Clause. Violation of any provision of this ordinance shall be a misdemeanor. Section 2. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council on October 16, 1989 Reviewed for administration: 6) / Mor Approved as to form and execution: City Manager City Atrney 7 Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION *STATE OF MINNESOTA) SS City of St...Louis Park (Official Pubhcation) SUMMARY ORDINANCE NO 1807-89 & 1808-89 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE RELATED TO PUBLIC BENCHES AND SIGNS SECTIONS 13-740 THROUGH 13-746 (BENCH ORDINANCE), SECTIONS 14-18503(2)(b) (SIGN ORDINANCE) THE CITY OF ST LOUIS PARK DOES ORDAIN Summary This ordinance amends the St COUNTY OF HENNEPIN) Louis Park Public Bench Ordinance by modify- ' iiig the conditions under which benches may be installed and mamtamed along public sidewalks and public rights-of-way along streets or Gregory P t a c i n , being duly sworn on an oath says that he/she thoroughfares. and it amends the St Louis Park r Sign Ordinance to -permit signs on benches on public rights-of-way m accordance with the Pubhc Bench Ordmancp. the publisher or authorized agent and employee of the publisher of the newspaper known ai Effective Date This ordinance shall take effect fifteen days after its publication Adopted by the City Council S t . Louis Park S a i I or and has full knowledge of the facts which a /s/ LYLE WrHANKS Octobe16, 1989 Mayor (The full text of this ordinance is available for in- spection with the City Clerk ) (Oct 25 1989) -SLP stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)The printed Ordinance No. 1807-89 & 1808-89 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday , the 25 day of 0 c t o be r , 19 89 , and was thereafter printed and published on every and including to , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefglujkl mnopgrstuvw BY Acknowledged before me on this TITLE MERIDEL M HEDdLOM NOTARY PUBLIC--MINNCSOTA HENNEPIN COUNTY Y t MOMMISSION EXPI.ES 7-2-n2 ry wd.as.a�a+w.srnn..�>ws.�n..a,.� Gene ra I Manage r RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 100 per line (Line, word, or inch rate) $ 5906 per line (Line, word, or inch rate) $ 5376 per line (Line, word, or inch rate)