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Legislation #: 180055 Introduction Date: 1/25/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FOWLER AND COUNCILMEMBER JUSTUS
Title: Amending Chapter 64, Code of Ordinances, by adding a new Section 64-169 entitled Bicycle Rack Permit authorizing the Director of Public Works to regulate and permit use of bicycle racks within public sidewalks; amending Chapter 18, Code of Ordinances, by repealing Section 18-25, and enacting in lieu thereof a new section of like designation and subject matter to include bicycle racks as an exception to the encroachment permitting process.

Legislation History
DateMinutesDescription
1/25/2018 Filed by the Clerk's office
1/25/2018 Referred to Transportation & Infrastructure Committee
2/1/2018 Do Pass as a Committee Substitute
2/1/2018 Assigned Third Read Calendar as Substituted
2/8/2018 Councilmember Justus (Second by Reed) Move to Amend
2/8/2018 Councilmember Justus (Second by Reed) Move to Advance
2/8/2018 Passed as Substituted and Amended

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180055.pdf Authenticated 253K Authenticated
pw presentation 020118.pptx Advertise Notice 2364K Staff PowerPoint
180055com.docx Compared Version 28K compared version
Ordinance FactSheet - Bike Rack Permit.pdf Fact Sheet 15K PW Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180055, AS AMENDED

 

Amending Chapter 64, Code of Ordinances, by adding a new Section 64-169 entitled Bicycle Rack Permit authorizing the Director of Public Works to regulate and permit use of bicycle racks within public sidewalks; amending Chapter 18, Code of Ordinances, by repealing Section 18-25, and enacting in lieu thereof a new section of like designation and subject matter to include bicycle racks as an exception to the encroachment permitting process.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 64, Code of Ordinances is hereby amended by adding Section 64-169, Bicycle Rack Permit, to read as follows:

 

Sec. 64-169. Bicycle Rack Permit

 

(a)    Permit authorized. The Director of Public Works is authorized to issue bicycle rack permits for placement of bicycle racks within public rights of way. The Director shall have the authority to establish reasonable regulations for the issuance, denial, use, and revocation of such permits.

 

(b)   Application Process. Any person or entity seeking a permit to install and maintain bicycle racks shall file an application with the Director of Public Works on an approved form.

 

(1)               Separate applications are required for each physical property address.

 

(2)               The application fee to install and maintain a bicycle rack at any address shall be $25.00. There shall be no additional fee for additional applications for bicycle racks at the same property address.

 

(3)               The application for permit shall include the following information:

 

                                              A.                  Applicant’s name, address, telephone number and e-mail address.

 

                                               B.                  Physical address and legal description of the property applicant is proposing as the location for bicycle racks.

 

                                               C.                  Name and address of adjoining property owner(s), if different from applicant.

 

                                              D.                  Proposed number of racks to be installed and the method of installation for each rack.

 

                                               E.                  The style and finish of each rack proposed and the number of bicycle spaces each rack provides.

 

                                                F.                  The name and address of the person or entity that will be installing each bicycle rack.

 

(4)               The application shall be accompanied by plans that meet minimum requirements established by the Director of Public Works.

 

(5)               The application shall be accompanied by evidence that all owners of property adjoining the location of bicycle racks have been notified in writing of the proposed bicycle racks.

 

(c)    Agreement. Upon grant of a permit for installation of bicycle racks by the Director, the permittee will enter into an Agreement with the City in a format approved by the City. Permittee shall abide by its obligations under the Agreement for the entire period the bicycle racks are maintained on the permittee’s property.

 

(d)   Interference with Right-of-Way. No agreement for the installation and maintenance of bicycle racks shall approve any bicycle rack that will cause the right-of-way to be out of compliance with the Americans with Disabilities Act, and its standards and guidelines, or will exacerbate any existing non-compliance, or will impede the use of the right-of-way from its intended purposes.

 

(e)    Waiver. The Director of Public Works may waive the requirements of this section.

 

(f)    Adjustments of Fees. The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Section 2. That Chapter 18, Code of Ordinances is hereby amended by repealing Section 18-25, Encroachment onto public property, and enacting in lieu thereof new sections of like designation and subject matter to read as follows:

 

Sec. 18-25. Encroachment onto public property.

 

(a) Generally. No part of any structure or any appendage thereto shall project beyond the property line of a building site and encroach below, on or above public property, including right-of-way, except where allowed without a permit in this section, unless authorized by an encroachment permit, in accordance with subsection (b).

 

(b) Encroachment permit required. The building official may issue an encroachment permit to construct an encroachment based on plans prepared according to the provisions of section 18-18 showing construction and clearances in compliance with article II, chapter 32 of the building code, and required approval of the municipal art commission, the department of public works or the department of parks and recreation, the ADA Compliance Manager, and other public utilities and agencies. The building official shall find that the portion of the right-of-way to be used by the adjoining property owner is not required, or anticipated to be required in the immediate future, for special use by the city or other occupants of the right-of-way, and can be used by the adjoining property owner without impeding the public interest in maintaining the right-of-way. The building official, in accordance with a recommendation of the ADA Compliance Manager, shall find that the encroachment will not cause the right-of-way to be out of compliance with the Americans with Disabilities Act, and its standards and guidelines, or will not exacerbate any existing non-compliance, and will not impede the use of the right-of-way for its intended purposes.

 

(c) Insurance. The permittee shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

(1) Liability insurance with either a combined single-limit policy of $500,000.00, or a split-limit policy of $100,000.00/$300,000.00 bodily injury and $100,000.00 property damage.

 

(2) The city shall be added as an additional insured to such policy by separate endorsement.

 

(3) The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least ten days prior thereto.

 

(4) Before the permit is issued, and annually thereafter, the permittee shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (2) and (3) have been met.

 

(d) Revocation. Authorization for an encroachment shall be construed as a permit and not a grant and may be revoked or modified by the city at any time; and, upon revocation or modification, the permittee or the owner of the property adjacent to or adjoining such encroachment, at the same time as the removal or modification of the encroachment may be required, shall cause the removal or modification of the encroachment and construction of necessary walls and footings to protect the public property, without expense to the city.

 

(e) Exceptions. Encroachment permits shall not be required for:

 

(1) Cornices, sills, pediments and similar projections of decorative character when not more than ten inches beyond the property line, provided that every part of such projection is not less than ten feet above the sidewalk and not less than 15 feet above any alley or vehicular trafficway.

 

(2) Wheel guards of metal or concrete with rounded surfaces when encroaching onto public property, except alleys, not more than ten inches and not more than 18 inches above grade.

 

(3) Metal wall plates and metal angle corners when projecting onto public property not more than one inch.

 

(4) Sill cocks, fire department connections and sprinkler system control valves when encroaching onto public property not more than eight inches.

 

(5) Awnings providing construction, projection, clearances and design conforming with Article II, section 3202 of the building code.

 

(6) Footings conforming with section Article II, section 3202.1.1 of the building code.

 

(7) Curbs or buffer blocks projecting not more than nine (9) inches and not exceeding a height of nine (9) inches above grade.

 

(8) Wall signs extending not more than one foot beyond the face of the wall and located not less than 10 feet above the grade of any public sidewalk or 15 feet above the grade of any public street or alley.

 

(9) Sidewalk cafes permitted under Section 64-168, Code of Ordinances.

 

(10) Bicycle racks permitted under Section 64-169, Code of Ordinances.

 

(f) Existing encroachments. Parts of existing buildings and structures which already lawfully project beyond the street lot line or building line may be maintained as constructed until their removal is directed by the building official.

 

(g) License fees. Encroachment into the right-of-way will be subject to the imposition of an annual license fee as required by Section 18-20. Encroachments granted to the political subdivisions of the State of Missouri, to the State of Missouri and its agencies, and to the United States and its agencies will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to these public entities, so long as said encroachments serve a public purpose; however, community improvement districts, neighborhood improvement districts and transportation development districts shall not be exempt from encroachment fees.

 

______________________________________________

 

Approved as to form and legality:

______________________________

Dustin E. Johnson

Assistant City Attorney