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File #: RES. NO. 21-21    Name:
Type: Resolution Status: Agenda Ready
File created: 8/30/2021 In control: City Council - Regular Session
On agenda: 9/21/2021 Final action:
Title: A Resolution approving revisions to the City of Lee's Summit Encroachment Policy
Sponsors: Public Works Admin & Engineering
Attachments: 1. Resolution, 2. Encroachment Policy, 3. Exhibit A, 4. Exhibit B, 5. Exhibit C, 6. Exhibit D, 7. Exhibit E, 8. Figure 1 - CBD Zone Illustration.pdf, 9. Figure 2 - ADA obstacle clearances.pdf
Related files: RES. NO. 20-06, BILL NO. 21-197
A Resolution approving revisions to the City of Lee's Summit Encroachment Policy


Key Issues:

· City Staff was asked to update Chapter 26 of the Code of Ordinances (Right of Way) and the Encroachment Policy for the following:
o Provide allowances and guidance for certain furnishings within the downtown right of way that are currently prohibited;
o Maintain public safety and accessible routes;
o Manage risk to the City; and
o Develop an administrative process to approve license agreements.

· A new table is proposed in the Encroachment Policy specific to furnishings in the Central Business District (e.g. Downtown) Right of Way that:
o Proposes a “Furnishing Zone” that allows encroachments with managed items, themes, etc. while preserving public access in the downtown area. This zone is generally described as the brick area or place between sidewalk and curb.
o Preserves an accessible route along the sidewalks to comply with the Americans with Disabilities Act (ADA) and protect space for intended public purposes.
o Proposes a “Frontage Zone” that allows owners/tenants of private business to place appropriate, ADA-compliant, items along the building face.
o Proposes a licensing process to allow these encroachments with opportunity for Staff to review and manage risk within the City’s ROW.

· Changing the license review process from a Council Approval to Administrative approval will be addressed in proposed changes to Chapter 26 of the Code of ordinances:
o The proposed Encroachment Policy amendments should be adopted in conjunction with Chapter 26 Revisions.
o Proposed Chapter 26 Revisions should be on the same agenda and timeline as this Policy.

Proposed Committee Motion:
I move to recommend to City Council approval of a Resolution approving revisions to the City of Lee's Summit Encroachment Policy.

The encroachment policy was adopted to protect the City and provide consistent rules to allow use of City-owned easements and right of wa...

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