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HomeMy WebLinkAbout01/03/2017C o uncil Wo rk Session January 3, 2017 Time ind icated below Haro ld E. Getty Counc il Chamb ers Roll Call. Approval of Agenda, as proposed or amended. 4:50 p.m.Bus Bench Ordinance Change. S ubmitted By: Aric Sc hro ed er, City P lanner ADJOURNMENT Kelley F elchle City Clerk CITY OF WATERLOO Council Communication Bus Benc h Ordinanc e Change. City Council Meeting: 1/3/2017 Prepared: 12/27/2016 REVIEWERS: Department Reviewer Action Date P lanning & Zoning Schroeder, Aric Approved 12/28/2016 - 10:05 AM Clerk Office Even, LeAnn Approved 12/28/2016 - 10:35 AM ATTACHMENTS: Description Type Ordinance tracking changes Ordinance Ordinance clean Ordinance SUBJECT:Bus Benc h Ordinanc e Change. S ubmitted by:Sub mitted By: Aric Sc hroeder, City Planner Recommended Ac tio n:Approval o f the amendment. S ummary Statement: Staff has b een working on an overhaul of the c urrent bus bench program, which is provid ed for in Artic le B, Bus Sto p Benches , o f Chapter 2, Sidewalk C o ns truc tion, Inspec tions and Repair, o f Title 7, P ublic Ways and Property, of the C ity of Waterloo Code of Ord inances. T he City o f Waterloo is p ro p o s ing to phas e out existing b enc hes es tablished under the current ord inanc e, and signific ant overhaul to the ordinanc e is req uired to p ro vide for the phas e out. The attached d raft Ord inance s hows all o f the p ro p o s ed c hanges , s howing strike thro ugh of wording p ro p o s ed to be remo ved and underline for wording p ro pos ed to b e added, as well as a c lean version of the p ro p o s ed ordinanc e amendment, that will strike the exis ting Article B in its entirety, and replac e is with the amended Artic le B, Bus Sto p Benc hes. Additio nal amendment will b e req uired in the future when the p hase o ut o f exis ting b enc hes is c o mp lete. Expend iture Required :none S o urc e of Fund s :n/a P o licy Issue:Code o f O rd inances Alternative: Bac kgro und Informatio n: 7-2B-1: PURPOSE; SUNSET: It has been determined by the city council that there exists a need for the placement of bus stop benches at designated locations throughout the city. Therefore, this article is created to assist the public in the use of the metropolitan bus system by providing, subject to the regulations of the city council, bus stop benches for the use of the public. Unless terminated sooner by resolution adopted by the city council, this article shall cease to be effective as of October 31, 2019 and all permits issued hereunder shall terminate as of said date. (Ord. 3226, 6-21-1982) 7-2B-2: AUTHORITY TO INSTALL: It is hereby made lawful for persons to install and maintain public bus benches and to place advertising matter and signs upon such benches subject to the limitations and qualifications of this article. Advertising is a necessary means for the funding of these public service benches; thus, it shall be allowed in all zoning classifications except in front of any one- or two-family residence located in any zoning classification, provided that any bus bench installed by the city of Waterloo shall not be subject to said limitation. (Ord. 3226, 6-21-1982) 7-2B-3: LOCATION OF BENCHES: The placement of bus stop benches shall be limited to MET designated bus stopslocations designated as bus stops by Metropolitan Transit Authority (MET) only. These designated bus stops may vary in number and location from time to time. In addition, bus stop benches other than benches installed by the city of Waterloo shall conform to the following regulations: A. The location of all bus stop benches shall be reviewed by the planning and development department or the city engineering department. New locations shall only be reviewed in April and November of each year. Applications will be submitted prior to the first day of the respective month and final disposal on or about the twentieth day of the month.No new locations shall be allowed under the current bus bench program. B. New location requests shall be submitted on bus stop bench application forms supplied by the building official. Prior to submitting the form for review, the applicant shall procure signatures of adjacent property owner(s) or agent(s) thereof and tenant(s) and MET transit authorization, as well as noting appropriate bus route and providing a sketch of the location of the bus stop bench.Reserved. C. Bus stop benches shall be placed on public property parallel to streets along MET designated bus routes and shall further be limited to areas where there is a minimum of six feet (6') from curb or edge of the roadway to front of bench. D. The city engineering department and planning department shall have the right to periodically inspect all bus stop benches for maintenance, safety, and site location and compliance with this article. E. Bus stop benches shall be placed no closer than three (3) blocks or nine hundred feet (900'), whichever is more restrictive, from any other bus stop bench along any individual MET designated bus route. F. In the event MET reduces or alters a route at any time during the year, requests for relocations may be submitted upon written notice from MET of route changes and number of benches affected by company name. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-4: PERMITS: A. Application For Sign Permit: No An applicant for a sign permit or bus stop bench permit under required by this article shall be issued after January 2, 2017 to a person not already a permittee. 2 After said date, the city council may choose at any time by resolution to suspend or discontinue the issuance of renewal permits. submit a written application to the city building official. 1. An application may be submitted for one bus stop bench and one permit may be issued for one bus stop bench, provided that the fee required herein accompany the same and the location of the bus stop bench has received approval from the appropriate departments. 2. Within seven (7) days of the receipt of the application for a sign permit, the building offici al shall approve or disapprove the application. If the building official disapproves the application, the reason for the disapproval shall be stated in writing and given to the applicant. B. Permit Required To Install And Maintain: No bus stop bench shall be installed or maintained unless a permit has been obtained from the city building official, who has vested authority to issue these permits. The permit shall be affixed to base of bench in such a manner that it may be visible from the street. C. Priority In Issuing Permits: Only one permittee shall be allowed to place bus benches on any one intersection within the city. The permittee filing the application for the permit at the earliest date shall receive priority. D. Appeal Denial Of Permit: In the event a permittee is denied a permit, he may appeal the decision of the building official to the city council. This appeal shall be perfected by filing a notice of appeal with the city clerk within ten (10) days of the denial of the issuance of the perm it by the building official. The city clerk shall then place the appeal on the next city council agenda for consideration by the city council. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-5: BUS STOP BENCH FEES: A. Bench Fees: The annual nonrefundable fee shall be twenty five dollars ($25.00) for each new location application form. A nonrefundable fee of seven dollars fifty cents ($7.50) shall accompany each relocation request. The annual fees are assessed for each individual bus stop bench and twelve dollars fifty cents ($12.50) shall be due on April 1 every year and twelve dollars fifty cents ($12.50) shall be due on October 1 every year. If the city requires the permittee to remove or relocate a bus stop bench as provided in section 7-2B-9, the annual fee shall be refunded on a monthly pro-rata basis for the period from the date on which such bench is removed until the ensuing March 31. (Ord. 4692, 5-10-2004) B. Sign Permit Fees: A sign permit fee required by this article shall be accompanied by a fee of twenty five dollars ($25.00) for each bus stop bench and shall only be issued after the location of the bus stop bench has been reviewed and approved by the appropriate departments. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-6: CONDITIONS OF PERMIT: A. Public Liability Insurance: The permittee shall file a certificate of insurance with the city clerk, which shall name the city as an additional insured and shall be maintained in the amount of three hundred thousand dollars ($300,000.00) for liability coverage. The permittee shall also enter into an agreement with the city to indemnify the city for any and all liability which may arise out of the use of the bus stop bench. B. Permittee Responsibilities: By acceptance of a permit required by this article, the permittee agrees to be bound by this article and to comply with its requirements with respect to each bus stop bench until the bench is removed, whether or not there is a current permit in effect for such bench.and The permittee further agrees to inspect each bus stop bench and to maintain the bus stop benches in a safe, clean and sightly condition, suitable for use by persons with disabilities from the point of departure from a public sidewalk to a point of embarkation on or disembarkation from a MET bus at the edge of the street. Within forty-eight (48) hours following substantial completion of a snow event that deposited two (2) or more inches of snow, or within seventy-two (72) hours if warranted by heavy 3 snowfall conditions, the permittee shall remove snow and ice from the bench, the cement pad on which it rests, and at least four (4) feet in width of any additional area connecting a public sidewalk (if one exists) with the bench and the bench with the edge of the street, except with respect to those specific bus stop benches for which the city has consented in writing to be responsible for removal of snow and ice. The permittee shall maintain an accurate and up-to-date log showing dates and times of snow removal and ice control activities at each location and shall make the log available for inspection within forty-eight (48) hours of request by the city planner or designee . The permittee shall not permit grass or vegetation to grow to a height exceed four (4) inches in any area under the bench, within a perimeter of at least four (4) feet surrounding the bench, and at least four (4) feet in width of any additional area that is not cemented and connects a public sidewalk (if one exists) with the bench and the bench with the edge of the street. C. Defend Litigation: A permittee shall defend, at his own expense, any litigation arising from the installation, or maintenance or removal of a bus stop bench for which he holds a permit or a bus stop bench that he owns but for which he does not hold a permit. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) D. The permittee shall remove each bus stop bench in its entirety at the permittee’s sole expense within fifteen (15) days after the permit therefor expires, unless the city planner or designee approves an extended period, not to exceed six (6) months, during which a particular bench may remain in place but by the end of which such bench must be removed by the permittee at its sole expense. Approval of an extended period for placement of a bench shall be subject to the city’s right to require removal pursuant to section 7-2B-9, except that the period in which removal must occur shall be seven (7) days instead of 15. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it and retain or dispose of it in any manner according to the city’s sole discretion, and either charge the permittee with a municipal infraction for each bench that permittee failed to remove or charge the permittee for the city’s reasonable costs incurred in removing and disposing of any such bench. 7-2B-7: SPECIFICATIONS: All bus stop benches installed in accordance with this article, but not including benches installed by the city of Waterloo, shall conform rigidly to the following specifications upon installation and at all times thereafter until removal of the bench: A. The benches shall be not more than six feet (6') in length, not to exceed forty two inches (42") in height and thirty inches (30") in depth. B. The benches must be of heavy construction to weigh not less than four hundred (400) pounds. C. The end pieces and legs shall be constructed of concrete. D. The back rests shall be constructed of hardwood or plywood not less than three -fourths inch (3/4") in thickness or shall be constructed of plastic overlay plywood not less than one -half inch (1/2") in thickness. E. The seats shall be constructed of hardwood or plywood not less than one and three-fourths inches (13/4") in thickness. F. The several parts of the benches shall be joined by bolts of three-eighths inch (3/8") or greater diameter. (Ord. 3226, 6-21-1982) 7-2B-8: ENFORCEMENTREMOVAL OF ILLEGAL BENCHES: A. If Should any bus stop bench isbe found to be noncompliant with this article or if complaints are received by the city concerning the placement or maintenance of any bus stop bench, the city shall 4 deliver to the permittee by regular mail at its last known address shall be given a written notice from the city by regular mail, to bring the bench into compliance. If the bus stop bench is not brought into compliance within seven (7)ten (10) days after the notice has been mailed, then the city may declare such bus stop bench to be a threat to public health, safety, and welfare, and as such to constitute a nuisance which the city may summarily abate or remedy at the violator's expense. Abatement may take the form of removal of a noncompliant bus stop bench and assessment to the permittee of the city’s reasonable costs incurred in removing and/or disposing of any such bench.a hearing will be held and a decision shall be rendered which may lead to removal and retaining said bench as the property of the city and the location will subsequently be disallowed in the future. All existing bus stop benches shall be in compliance within one year after passage of this article. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) B. If the permittee fails to comply with the maintenance standards prescribed by 7-2B-6.B, then the city may perform acts necessary to achieve such compliance, without notice to permittee. C. If the permittee violates any provision of this article it shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be fined as provided in section 1-3-2 of this code. Each separate bus stop bench with respect to which a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 7-2B-9: REPLACEMENT BY CITY BENCH: If the city desires to install a bench of its own at any bus stop bench location occupied by a permittee during the term of the permit for such bench or at any location in the vicinity of such bench, the city shall provide fifteen (15) days’ advance written notice by regular mail to the permittee at its last known address, and the permittee shall remove said bench within 15 days after the date of mailing of said notice. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it, retain it or dispose of it in any manner according to the city’s sole discretion, and either charge the permittee with a municipal infraction or charge the permittee for the city’s reasonable costs incurred in removing and disposing of the bench. The permittee will also be allowed to relocate its bench to another location for which permittee already has a permit, provided that the permittee removes the existing bench at such alternate location. ORDINANCE NO. ____ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2, SIDEWALK CONSTRUCTION, INSPECTIONS AND REPAIR, OF TITLE 7, PUBLIC WAYS AND PROPERTY; AND ENACTING IN LIEU THEREOF A NEW ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2, SIDEWALK CONSTRUCTION, INSPECTIONS AND REPAIR, OF TITLE 7, PUBLIC WAYS AND PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair, of Title 7, Public Ways and Property, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; and that a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair, of Title 7, Public Ways and Property, is hereby enacted in lieu thereof as follows: B. BUS STOP BENCHES 7-2B-1: PURPOSE; SUNSET: It has been determined by the city council that there exists a need for the placement of bus stop benches at designated locations throughout the city. Therefore, this article is created to assist the public in the use of the metropolitan bus system by providing, subject to the regulations of the city council, bus stop benches for the use of the public. Unless terminated sooner by resolution adopted by the city council, this article shall cease to be effective as of October 31, 2019 and all permits issued hereunder shall terminate as of said date. (Ord. 3226, 6-21-1982) 7-2B-2: AUTHORITY TO INSTALL: It is hereby made lawful for persons to install and maintain Ordinance No. ____ Page 2 public bus benches and to place advertising matter and signs upon such benches subject to the limitations and qualifications of this article. Advertising is a necessary means for the funding of these public service benches; thus, it shall be allowed in all zoning classifications except in front of any one- or two-family residence located in any zoning classification, provided that any bus bench installed by the city of Waterloo shall not be subject to said limitation. (Ord. 3226, 6-21-1982) 7-2B-3: LOCATION OF BENCHES: The placement of bus stop benches shall be limited to locations designated as bus stops by Metropolitan Transit Authority (MET). These designated bus stops may vary in number and location from time to time. In addition, bus stop benches other than benches installed by the city of Waterloo shall conform to the following regulations: A. The location of all bus stop benches shall be reviewed by the planning and development department or the city engineering department. No new locations shall be allowed under the current bus bench program. B. Reserved. C. Bus stop benches shall be placed on public property parallel to streets along MET designated bus routes and shall further be limited to areas where there is a minimum of six feet (6') from curb or edge of the roadway to front of bench. D. The city engineering department and planning department shall have the right to periodically inspect all bus stop benches for maintenance, safety, site location and compliance with this article. E. Bus stop benches shall be placed no closer than three (3) blocks or nine hundred feet (900'), whichever is more restrictive, from any other bus stop bench along any Ordinance No. ____ Page 3 individual MET designated bus route. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-4: PERMITS: A. Application For Permit: No sign permit or bus stop bench permit under this article shall be issued after January 2, 2017 to a person not already a permittee. After said date, the city council may choose at any time by resolution to suspend or discontinue the issuance of renewal permits. B. Permit Required To Install And Maintain: No bus stop bench shall be installed or maintained unless a permit has been obtained from the city building official, who has vested authority to issue these permits. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-5: BUS STOP BENCH FEES: A. Bench Fees: The annual nonrefundable fee shall be twenty five dollars ($25.00) for each new location application form. A nonrefundable fee of seven dollars fifty cents ($7.50) shall accompany each relocation request. The annual fees are assessed for each individual bus stop bench and twelve dollars fifty cents ($12.50) shall be due on April 1 every year and twelve dollars fifty cents ($12.50) shall be due on October 1 every year. If the city requires the permittee to remove or relocate a bus stop bench as provided in section 7-2B-9, the annual fee shall be refunded on a monthly pro-rata basis for the period from the date on which such bench is removed until the ensuing March 31. (Ord. 4692, 5-10-2004) 7-2B-6: CONDITIONS OF PERMIT: A. Public Liability Insurance: The permittee shall file a certificate of insurance with the city clerk, which shall name the city as an additional insured and shall be maintained in the amount of three hundred thousand dollars ($300,000.00) for liability coverage. The permittee shall also enter into an agreement with the city to indemnify the Ordinance No. ____ Page 4 city for any and all liability which may arise out of the use of the bus stop bench. B. Permittee Responsibilities: By acceptance of a permit required by this article, the permittee agrees to be bound by this article and to comply with its requirements with respect to each bus stop bench until the bench is removed, whether or not there is a current permit in effect for such bench. The permittee further agrees to inspect each bus stop bench and to maintain the bus stop benches in a safe, clean and sightly condition, suitable for use by persons with disabilities from the point of departure from a public sidewalk to a point of embarkation on or disembarkation from a MET bus at the edge of the street. Within forty- eight (48) hours following substantial completion of a snow event that deposited two (2) or more inches of snow, or within seventy-two (72) hours if warranted by heavy snowfall conditions, the permittee shall remove snow and ice from the bench, the cement pad on which it rests, and at least four (4) feet in width of any additional area connecting a public sidewalk (if one exists) with the bench and the bench with the edge of the street, except with respect to those specific bus stop benches for which the city has consented in writing to be responsible for removal of snow and ice. The permittee shall maintain an accurate and up-to-date log showing dates and times of snow removal and ice control activities at each location and shall make the log available for inspection within forty-eight (48) hours of request by the city planner or designee. The permittee shall not permit grass or vegetation to grow to a height exceed four (4) inches in any area under the bench, within a perimeter of at least four (4) feet surrounding the bench, and at least four (4) feet in width of any additional area that is not cemented and connects a public sidewalk (if one exists) with the bench and the bench with the edge of the street. C. Defend Litigation: A permittee shall defend, at his own expense, any litigation arising from the installation, maintenance or removal of a bus stop bench for which he holds a permit or a bus stop bench that he owns but for Ordinance No. ____ Page 5 which he does not hold a permit. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) D. The permittee shall remove each bus stop bench in its entirety at the permittee’s sole expense within fifteen (15) days after the permit therefor expires, unless the city planner or designee approves an extended period, not to exceed six (6) months, during which a particular bench may remain in place but by the end of which such bench must be removed by the permittee at its sole expense. Approval of an extended period for placement of a bench shall be subject to the city’s right to require removal pursuant to section 7-2B-9, except that the period in which removal must occur shall be seven (7) days instead of 15. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it and retain or dispose of it in any manner according to the city’s sole discretion, and either charge the permittee with a municipal infraction for each bench that permittee failed to remove or charge the permittee for the city’s reasonable costs incurred in removing and disposing of any such bench. 7-2B-7: SPECIFICATIONS: All bus stop benches installed in accordance with this article, but not including benches installed by the city of Waterloo, shall conform rigidly to the following specifications upon installation and at all times thereafter until removal of the bench: A. The benches shall be not more than six feet (6') in length, not to exceed forty two inches (42") in height and thirty inches (30") in depth. B. The benches must be of heavy construction to weigh not less than four hundred (400) pounds. C. The end pieces and legs shall be constructed of concrete. D. The back rests shall be constructed of hardwood or plywood not less than three-fourths inch (3/4") in thickness or Ordinance No. ____ Page 6 shall be constructed of plastic overlay plywood not less than one-half inch (1/2") in thickness. E. The seats shall be constructed of hardwood or plywood not less than one and three-fourths inches (13/4") in thickness. F. The several parts of the benches shall be joined by bolts of three-eighths inch (3/8") or greater diameter. (Ord. 3226, 6-21-1982) 7-2B-8: ENFORCEMENT: A. If any bus stop bench is found to be noncompliant with this article or if complaints are received by the city concerning the placement or maintenance of any bus stop bench, the city shall deliver to the permittee by regular mail at its last known address a written notice to bring the bench into compliance. If the bus stop bench is not brought into compliance within seven (7) days after the notice has been mailed, then the city may declare such bus stop bench to be a threat to public health, safety, and welfare, and as such to constitute a nuisance which the city may summarily abate or remedy at the violator's expense. Abatement may take the form of removal of a noncompliant bus stop bench and assessment to the permittee of the city’s reasonable costs incurred in removing and/or disposing of any such bench. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) B. If the permittee fails to comply with the maintenance standards prescribed by 7-2B-6.B, then the city may perform acts necessary to achieve such compliance, without notice to permittee. C. If the permittee violates any provision of this article it shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be fined as provided in section 1-3-2 of this code. Each separate bus stop bench with respect to which a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Ordinance No. ____ Page 7 7-2B-9: REPLACEMENT BY CITY BENCH: If the city desires to install a bench of its own at any bus stop bench location occupied by a permittee during the term of the permit for such bench or at any location in the vicinity of such bench, the city shall provide fifteen (15) days’ advance written notice by regular mail to the permittee at its last known address, and the permittee shall remove said bench within 15 days after the date of mailing of said notice. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it, retain it or dispose of it in any manner according to the city’s sole discretion, and either charge the permittee with a municipal infraction or charge the permittee for the city’s reasonable costs incurred in removing and disposing of the bench. The permittee will also be allowed to relocate its bench to another location for which permittee already has a permit, provided that the permittee removes the existing bench at such alternate location. INTRODUCED: __________ PASSED 1st CONSIDERATION: __________ PASSED 2nd CONSIDERATION: __________ PASSED 3rd CONSIDERATION: __________ Ordinance No. ____ Page 8 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the ____ day of ______, 2017, and approved by the Mayor on the ____ day of ______, 2017. __________________________________ Quentin Hart, Mayor ATTEST: ______________________________ Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. ____ as passed and adopted by the Council of the City of Waterloo, Iowa, on the ____ day of ______, 2017. Witness my hand and seal of office this ____ day of ______, 2017. __________________________________ SEAL Kelley Felchle, City Clerk