Workshop Item: ___ - Robert Therres, Public Services Manager
Title
RIGHT OF WAY ORDINANCE DISCUSSION
Background
Recently, it was brought to staff's attention that a bus stop bench was installed at the corner of 89th Avenue and Polk Street. The bench was placed on the pedestrian trail (within the public right of way) by a private company and the adjacent property owner complained. Eventually the bench was removed but it brought up the point that the City of Blaine has no official policy or ordinance regulating bus stop benches.
The bus benches in public right of way have been installed without permission from the City or Anoka County (when installed in County right of way) so it is unknown how many benches are located within public right of way, their exact locations, or if there is an active bus stop at locations where benches are currently installed. In addition, no determination has been made if any of these benches pose a crash hazard to motorist, block visibility or otherwise interfere with the movement and safety of the travelling public.
The benches are owned and maintained by private companies which use them for advertising. Metro Transit and the Anoka County Traveler may have agreements with these private companies for the benches at the various bus stops, but the City is not a party to these agreements. The private company that owns the bench is responsible to maintain the bench and do such things as remove snow and otherwise maintain acceptable access to the bench.
The City's zoning ordinance does not have any provisions to deal with the advertising signs on bus benches within the public right of way, but this type of billboard sign located on private property would not be allowed under the current zoning ordinance.
Staff research indicates many local cities have adopted a right of way ordinance to regulate private usages of the public right of way (including bus benches). The City of Blaine does have some written policies in place which govern specific public right of way usages such as private utilities or driveways, but this does not provide an all encompassing method for the City to ensure the integrity of public streets and utilities, keep the public right-of-way in good repair and free from unnecessary encumbrances or hazards and provide for the health, safety and welfare of the public.
Recommendation
It is staff's recommendation that Council direct staff to begin preparation of a draft right of way ordinance in order to govern the use of the public right of way so that the City has the proper policy, procedures and standards in place to manage issues which come with the many uses of public right of way.
Some of the items which would be addressed in the draft right of way ordinance would include:
· Bus benches/shelters
· Private utilities
· Private sprinkler systems
· Landscaping (boulders, retaining walls, etc.)
· Newspaper vending machines
· Church signs
· Mail box structures (single and multiple)
· Construction (driveways, utility hookups/repairs)