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HomeMy WebLinkAbout2001 08-27 City Council Manager Workshop PacketMonday, August 27, 2001 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. NEW BUSINESS 1. Bus Shelter Discussion 2. 2002 Legal Services E. FUTURE TOPICS 1. Exploring the Possibilities of a Sister City 2. Reviewing the Community Center Catering Contract 3. One Time Events F. ADJOURNMENT Ac" b 0000d, AMUNDA 17ID4 NON� Date MEMORANDUM Endorsed Mvdified TO: City Manages FROM: Thomas Ekstrand, Assistant Community Development Director SUBJECT: Outdoor Promotions' Bus Shelter Proposal LOCATIONS: Various Locations Along White Bear Avenue and Around the Maplewood Mall DATE: August 20, 2001 INTRODUCTION Craig Piemot, of Outdoor Promotions, Inc., would like to install several bus shelters in Maplewood, North St. Paul and Oakdale. He would like to install 30 shelters within these three communities -10 in each city. The ones proposed in Maplewood would be primarily placed along White Bear Avenue with some potentially along Beam, Lydia and Woodlyn Avenues. Refer to the possible locations on page 3. Outdoor Promotions works with local transit commissions and municipal, county and state jurisdictions to install their shelters within right -of -ways at bus stops. They are able to provide this service by selling advertising space on their bus - shelters. The signs would be displayed on two- sided, triangular- shaped panels. Refer to the photographs on page 4. Each panel would be 47- by 60- inches in size. Also refer to the letter from Mr. Piemot (page 5), the excerpt from the Transit Cooperative Research Program report (pages 6--8) and the sample contract (pages 9 --14). Pros 1. Covered shelters would be provided at bus stops where there are presently only benches. 2. Outdoor Promotions would maintain the shelters and keep trash picked up. 3. Shelters may improve ridership. 4. Shelters would provide shelter from inclement weather and provide a convenience to riders. Cons 1. The contract term would be for ten years. If the city was unhappy with this service, we could not require removal until the ten -year term was up. 2. The element enabling the placement of these shelters on the right -of -way is the sale of advertising space by Outdoor Promotions. The sign ordinance currently prohibits signs in the right-of-way, except for garage -sale signs and real estate open -house signs (both temporary signs). 3. They could encourage graffiti. Issues /Concerns Chuck Ahl, the director of public works, listed several concerns in his memo on page 15. In summary, Mr. AN indicated concerns about bus shelters creating obstacles for driver visibility and reducing the space available for installing buried telecommunication lines within boulevards, He also noted concerns about shelters. causing a hinderence for lawn mowing and snow plowing. There is also a question as to whether the main purpose of the shelters is for advertising rather than providing shelter for bus patrons. The city code presently regulates courtesy benches (bus -stop benches). There are several such benches in Maplewood that are covered by annual licenses. If the city council likes the bus shelter concept and favors specific locations for shelters, they should direct the city clerk not to renew the annual bench licenses for those locations. DISCUSSION Staff would like to get the city council's opinion and direction in regard to this concept of privately -owned bus shelters with advertising copy. If the council likes the concept, staff will continue to work with Outdoor Promotions, Inc. If not, staff will advise Mr. Piernot that the City of Maplewood is not interested in this program. if the city council is interested and would like to learn more about this bus- shelter concept, Mr. Piemot would be happy to meet with the city council and give a more in -depth presentation. p: com _dvptlmiscelllbusshelters.doc Attachments: 1. Possible Shelter Locations 2. Shelter Photographs 3. Letter from Mr. Piernot 4. TCRP Report 5. Sample Shelter Contract 6. Memo from Chuck AN 2 Attachment 1 )NAIS HEIGHTS 61 WHITE BLAR LAKE V a i W1P.lE VIEYII AV E. f `' Sitvor j .» RADATZ AVE. ac r u.r ; .- i t IwWsos AV Z G ` P� NORTH SAINT PAUL Co/RT Ivor ILMAN AVE. _ KOHLMAN = s AVE. • loky r � iNTY ROAD w LTon W = G , r Cr a r 00 3 Z z Cg EOGEHILL RD. A P OEMONT AVE a � . . A 3 BROOKS AVE. G BROOKS O. N WE. 9ti AVE. SEX IMT VE. A � O 5;;;;m �4r AVE T M p� CERVAts AVE. > -ERV. tS °� o GERVAI (� GRANDMEW AVE. CT. VIKING DR. SHERREN AVE. ril Knuc�i ad Loki CASTLE AVE. u co COPE �` J AVE. 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N ° u PRICE f� , � ♦ z y m � N 2 rA LARPEN AVE. �J . �� j v1 InAF10 AVE. Q . LOCATION MAP • POSSIBLE SHELTER LOCATIONS 3 4 N PEE 4 Attachment 2 Attachment 3 outdooR Pl?omat%ons, inc. August 5, 2001 Mr. Thomas Ekstrand, Planner Community Development City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 71 Re: Sample Contract & Transit Shelters Designs. Dear Tom: Included with this letter are a sample transit shelter agreement and a Daytech shelter brochure. You requested these at our meeting in July to better prepare for future discussions within city government. Tom, I apologize for not noting on the list of potential shelter sites those locations that were not current bus stops. In assessing potential locations for shelters, we analyze pedestrian /vehicular risibility as well as traffic crosswalk safety. As I explained, we will petition Metro Transit to change bus stop locations based on u p practical improvements in both pedestrian visibility and safety. It is our experience, that these petitions result in changes in locations that better serve the . ublic ridership. p I will contact Chuck Ahl in advance of visiting again the week of August 27th. I will strive to set an appointment that will be convenient for you as well. I believe that it is-important that Mr. Ahl acknowledges the Cit 's objective to improve access to public g Y l p p transit services for its aging citizens along White Bear and Beam Avenue. Our objective in identifying potential shelter sites is to enhance use of public transit among your citizens through safe, clean, convenient, and weather- protecting shelters. The placement and regular maintenance of transit shelters at bus stops will improve curbside safety and service for Maplewood citizens. Finally, Tom, you may wish to consider an exemption in your sign ordinance for advertising signs in transit shelters. This action may be less complicated to incorporate y p p and implement based on the principle that the shelters serve the public transit interest made possible by revenue from transit advertising. Respectfully, Craig Piernot Contract Development 5724 S. College Avenue Fort Collins, CO 80525 Copy to WBABA, Scott Venne 970.266.0979 Attachments: Agreement and brochure. FAX 970.225.1560 5 Attachment 4 TRANSIT COOPERATIVE RESEARCH PROGRAM SPONSORED BY The Federal Transit Administration Transportation Research Board . National Research Council Using amenities is one strategy to increase ridership frequency, and the results of the Transit Design Game surveys show that amenities do, in fact, promote transit ridership. In addition to foregoing a fare reduction, a high percentage of riders surveyed indicated that they would increase their transit use if selected amenities were provided. Based on the research as provided in the Transit Design Game Workbook, which accompanies this Handbook, we estimate that spending at the 18 point level (one of the choices on the survey) for amenities would increase ridership in the case study cities by about 1.5 to 3 percent. 18 points is equivalent to spending about $450,000 in annualized costs for a typical 300 -bus transit system. The research also clearly shows that passengers consider amenities to be important and a majority of*riders in most cities are willing to forego a fare decrease in order to have them. However, there does appear to be a limit to what many riders are willing to "spend." For the 12 -point survey, 53% of passengers (in Rochester) and 70% of passengers (in Aspen) stated that they wanted all of the features they had selected and were willing to forego a drop in the fare; only 14% (in Aspen) and 23% (in Rochester) wanted to reduce the fare 10 cents and forego all of the amenities selected. Increasing the budget to 18 points, however, actually reduced the percentage of riders wanting to keep the fare the same in most cities: many riders with an 18- point budget said they only wanted to spend 12 points, and reduce the fare 5 cents. This means, as expected, that the first 12 points spent on features are more valuable to riders than the next 6 points. Interestingly, of those riders who said the would increase their ridership if the Y> Y p features they selected were provided, it was the more expensive and elaborate amenities (shelters with heat, deluxe benches, fully padded seats on the bus, etc.) that were most likely to induce additional transit trips. In other words, riders are willing; to pay for modest amenitie but the more deluxe amenities that would induce trips are (from t e rider's perspective) not generally worth the trade -off for a commensurate chancre in fare. This is like saying, We would gladly take a Rolls Royce out for a Sunday spin, but a Volksvkragen seems like a better investment." 2.2 Impact on Customer Experience While increasing ridership may not be the principal goal of some transit agencies due, for example, to the difficulties many encounter in adequately meeting existing passenger demand with diminishing available resources or aging fleets, they may be interested, nevertheless, in improving passenger experience and the amenities they provide. Many riders who requested amenities in Transit Design Game surveys were already using transit for all of their local trips. For these people, the benefit of amenities would be evidenced by their attitude toward the transit system and their willingness to pay for them -- not necessarily in terms of increased ridership. Transit rider surveys and focus group research, detailed in the appendices, indicate that passengers expect transit to be efficient, safe, and comprehendible, as well as comfortable. An especially useful stud by David A. Hensher looked at bus user preferences. Hensher p Y Y asked respondents to state their preference among hypothetical sets of bus service THE AMENITIES FOR TRA1'SIT HANDBOOK - 21 7 Advertising Using advertising to support amenities is another strategy. However, many transit agencies ___,, .. tend to view amenities solel as a source of revenue ( e.g., advertisements), sometimes losin _siht of the fact that they area service to customers. while clearly it is desirable to see how bus shelters and benches can collect revenue from advertisements, there is a chance that they begin to dominate the design rather than enhance rider ex erience. New York City's p — shelters, for example, provide little protection from wind -driven rain and are inappropriate i p for narrow sidewalks n midtown Manhattan. In Portland, Oregon, Tri-Met (the regional transit agency) is not planning to subcontract its shelter program to an advertisin g agency, but will manage the advertising program itself in order increase revenues and give the agency more control over the final product. Case in Point 9: An 'In -house Bus Shelter & Advertising Program in Portland, Oregon In 1992, Tri -Met, Portland's transit agency, set up a program to replace hundreds of its aging bus shelters with newly designed, more attractive, durable, and affordable structures using some of its discretionary federal funding. By the year 2000, the agency will have replaced all of its existing 550 shelters and installed hund -reds more. Rather than contracting to advertising companies, the agency sees the shelters as a way of increasing income, as it plans to administer the advertising program itself. This necessitated that the agency purchase the shelters themselves, working closely with a manufacturer in their design. THE AMENITIES FOR TRANSIT HANDBOOK - 45 8 This Transit Shelter Agreement (tile "Agreement ") is made and entered into this day Y of , 2000 b and between the CITY of , a Minnesota municipal corporation (the "City "), and OUTDOOR PROMOTIONS, Inc., a Colorado Corporation ( "Outdoor Promotions "). W ITN ESSETH: WHEREAS, the City desires to implement a program (tile 'Transit Shelter Program") pursuant to which illuminated transit shelters will be installed and maintained in. cP om liance with this Agreement at certain bus stop sites to be identified from time to time by the City, Transit Authority and Outdoor Promotions; and WHEREAS, Outdoor Promotions is in the business of installing and maintaining illuminated transit shelters and it has submitted its proposal to the City to provide its services with respect to the Transit Shelter Program; and WHEREAS, the City desires to engage the services of Outdoor Promotions with respect to the Transit Shelter Program upon the terms, covenants and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the above premises and the terms, covenants and conditions set forte herein, the City and Outdoor Promotions hereby agree as follows: ARTICLE I: AUTHORIZATION The City hereby authorizes Outdoor Promotions to make reasonable and lawful use of the City rights -of -way at its sole cost and expense to install, repair and maintain a minimum of (_) transit shelters at active bus stop sites to be identified from time to time by the City pursuant to this Agreement. ARTICLE II: SCOPE OF WORK AND SERVICES PROVIDED 1. Basic Services. Outdoor Promotions shall furnish, install, repair and maintain safe, clean and attractive illuminated transit shelters with revenue generating advertisements in compliance with this Agreement. In connection therewith, Outdoor Promotions shall provide all materials, supplies, equipment, services and personnel at its sole cost and expense without any cost or expense to the City. All transit shelters shall: (i) be installed within one hundred eighty (180) days — exclusive of November, December, January, February, March —after the City has issued the applicable permits and licenses with respect to such shelter; (ii) contain lighting to illuminate the inner area of each shelter from dusk to dawn; and (iii) be equipped with one bench and one trash receptacle to be emptied on a regular basis by Outdoor Promotions. The design of such shelters shall be submitted to and approved by the City prior to construction. Outdoor Promotions Municipal Contract Page 2 Outdoor Promotions shall furnish and pay all charges for electrical connections and electricity used and supplied to the transit shelters. Outdoor Promotions may subcontract for project management, site preparation, installation and maintenance of the transit shelters. The names of such subcontractors shall be provided to the City upon request. Outdoor Promotions shall also have the right of first refusal to install and maintain additional transit shelters within the City beyond those provided in the current Transit Shelter Program. 2. Maintenance The transit shelters shall be maintained a minimum of twice weekly with such maintenance to include sweeping, cleaning, emptying trash receptacles, removing graffiti, litter and debris and steam cleaning sidewalks at least once per calendar month. 3. Repair and Replacement Outdoor Promotions shall at its oven cost and within forty -eight (48) hours of receipt of notification thereof from the City, repair or replace any damaged or defaced shelters or individual parts thereof. 4. Ad vertisi n Each transit shelter installed by Outdoor Promotions shall contain two panels, of which shall contain space for advertising displays measurin g no more than 48" wide and 72" high, either placed back -to -back, one at each end on one -way streets or positioned to form a triangular display. Where the sidewalk is detached and is situated behind shelters, a third anel will be added on the back of the triangle box for P g the City's use for public service announcements. Such displays shall be used solely for advertising materials and/or public service announcements. Outdoor Promotions shall use its best reasonable efforts to obtain revenue generating advertisements for the two (2) advertising display panels that face the street on each transit shelter, except where the City has the right to utilize a panel for public service announcements. Except with respect to the monthly fee payable to the City pursuant to Article IV hereof, Outdoor Promotions shall have the right to collect and retain all revenues generated from the advertising displays on all transit shelters. Under no circumstances shall any advertising display contain indecent or vulgar pictures, graphics or language, or include advertising for any alcohol or tobacco products. Outdoor Promotions further agrees not to display advertising relating to contraception, pornography, politics or religion. Outdoor Promotions agrees to remove within forty -eight (4S) hours after its receipt of the City's written notification requesting such removal, any advertisements which the City in its reasonable discretion deems to be offensive, or in conflict with the City's health, safety and welfare concerns. In the event that Outdoor Promotions fails to remove such advertisements within such forty -eight (48) hour period, the City may remove the materials at Outdoor Promotions' sole cost and expense. 10 Outdoor Promotions Municipal Contract Page 3 5. Location of Transit Shelters Outdoor Promotions shall erect transit shelters at those locations that are mutually agreed upon by the City and Outdoor Promotions. All transit shelters shall be erected on public rights -of -way or private property with written authorization from the property owner(s) and shall be subject to all rules, regulations and ordinances governing the use of such rights -of -way. Prior to erecting any such shelters at any locations, Outdoor Promotions shall secure any necessary approval and/or zoning variance that may be required from any governmental entity. ARTICLE III: TERM This Agreement shall remain in full #orce and .effect for a period of ten (10) years from the date first written above; provided, however, that the City may, at its pleasure, revoke .Outdoor Promotions' right to use or occupy any portion of any street, alley, right -of -way or other City property. Any such revocation shall not substantially reduce the total .number of transit shelters then existing under this Agreement. Outdoor Promotions shall have the option to extend this Agreement for up to two (2) additional five (5) year terms. Outdoor Promotions may exercise each five (5) year extension option by providing written notice of such exercise to the City within sixty (60) days prior to the end of the then current term of this Agreement. Notwithstanding the foregoing,. Outdoor Promotions shall not have the right to exercise an extension option while an uncured default by it exists with respect to this Agreement. ARTICLE IV: PAYMENTS TO THE CITY In consideration of this Agreement, Outdoor Promotions shall pay the City a monthly fee in the amount of percent (_ %) of the gross advertising revenues received by Outdoor Promotions from advertisements displayed on all transit shelters installed by Outdoor Promotions pursuant to this Agreement. Such fee shall be paid to the City by the fifteenth (15th) day of each month with respect to revenues received during the prior month. Outdoor Promotions shall maintain adequate books and records showing revenues received with respect to the transit shelters. Such books and records shall be available to the City for inspection anytime during normal business hours upon forty-eight (48) hours' prior written notice thereof to Outdoor Promotions. All such books and records shall be retained by Outdoor Promotions for a minimum of five (5) years. ARTICLE V: INSURANCE Outdoor Promotions shall procure and maintain at its own cost the following insurance coverages a) workers compensation insurance in accordance with the Colorado Workmen's Compensation Act. b) Commercial general liability insurance with minimum limits of $150,000 per person and $1,000,000 per occurrence. 11 Outdoor Promotions Municipal Contract Page 4 c) Comprehensive automobile liability insurance with minimum limits for bodily injury and property damage of $150,000 per person and $600,000 per occurrence. The foregoing insurance coverages shall be procured and maintained with insurers which are reasonably acceptable to the City. The liability insurance polices shall be endorsed to include the City as an additional insured. ARTICLE VI: INDEMNIFICATION Outdoor. Promotions shall defend, indemnify and :hold harmless the City, its officers, agents, representatives and employees from and against all liability, claims, demands and expenses (including court costs and reasonable attorneys fees), on account of any injury, loss or damage, arising out of or in connection with the performance by Outdoor Promotions of its services pursuant to this Agreement, if such injury, loss or damage is caused by the negligent acts, errors or omissions of Outdoor Promotions, a subcontractor of Outdoor Promotions, or any officer, employee, agent or representative of Outdoor Promotions. Such indemnity shall not apply to any injury, loss or damage which is caused by the negligent acts, errors or omissions of the City or any of its agents or employees. ARTICLE VII: CITY RESPONSIBILITY The City shall provide Outdoor Promotions with all available information which is relevant to the Transit Shelter Program together with the necessary guidance and direction to achieve the Transit Shelter Program objectives. In consideration for the public use of the transit shelters at no cost to the City, the City hereby waives all permit and use fees for the transit shelters covered by this Agreement. Provided that each transit shelter complies fully with the provisions of this Agreement and all applicable provisions of the City's Municipal Code, all necessary permits for the installation and/or maintenance of the transit shelters shall be granted by the City. The process for obtaining such permits shall be expedited by the City. ARTICLE VIII: REMOVAL OF SHELTERS Outdoor Promotions shall within thirty (30) days after receipt of written notice from the City remove any transit shelters which are located at discontinued bus stop sites. Additionally, Outdoor Promotions shall relocate any transit shelters within thirty (30) days after its receipt of a written request to do so by the City as a result of redevelopment, traffic hazards or changes in bus routes. Any such relocation of a transit shelter shall be to a location mutually agreeable to both parties. Outdoor Promotions shall also have the right to remove any transit shelters upon thirty (30) days' written notice thereof to the City in the event that any municipality, state, federal or other governmental authority hereafter imposes any rules, regulations or laws which Outdoor Promotions determines to have the effect of materially diminishing the value of such transit shelter for advertising purposes. 12 Outdoor Promotions Municipal Contract Page 5 ARTICLE IX: ALTERATION OF SERVICES In the event that the City desires at any time to alter or change the nature or character of the services to be provided by Outdoor Promotions hereunder and such alteration or change materially increases the costs and expenses to be incurred by Outdoor Promotions or reduces the advertising revenues which can be generated by Outdoor Promotions, such alterations or changes shall not be effective until the City and Outdoor Promotions have mutually agreed to and executed an amendment to this Agreement, which amendment may include an adjustment to the City's fee under Article IV hereof.. ARTICLE X: TERMINATION Upon any default or breach of this Agreement by either Outdoor Promotions or the City and if such default or breach continues for a period of thirty (30) days after receipt by the breaching party of written notification thereof, the non - breaching party may terminate this Agreement. Upon termination of this Agreement, Outdoor Promotions shall remove all transit shelters installed by it pursuant to this Agreement, within thirty (30) days of ferinination. ARTICLE XI: ASSIGNMENT Outdoor Promotions shall not assign or transfer its rights, duties and obligations under this Agreement, in whole or in part, without first obtaining the written consent of the City, which consent shall not be unreasonably withheld, provided, however, that the City's consent shall not be required with respect to any assignment by Outdoor Promotions to any person or entity which controls, is controlled by, or under common control with Outdoor Promotions or which merges with or into Outdoor Promotions or acquires substantially all of the assets of Outdoor Promotions. ARTICLE XII: NONDISCRIMINATION Outdoor Promotions, its agents, employees, contractors and subcontractors shall not discriminate on the basis of race, color, national origin, ancestry, age, sex, religion or disability in connection with its services provided pursuant to this Agreement. ARTICLE XIII: ENTIRE AGREEMENT The parties acknowledge and agree that the provisions contained herein constitute the entire agreement between the parties and that all representations made by any officer, agent or employee of the respective parties, unless included herein, are null and void and of no effect. No alterations, amendments, changes or modifications to this Agreement shall be valid unless contained in a written agreement executed by both parties. 13 Outdoor Promotions Municipal Contract Page 6 ARTICLE XIV: NOTICE Any notice required to be given under this Agreement shall be sent postage prepaid, registered or certified mail, return - receipt requested, addressed as follows: Name of City Outdoor Promotions, Inc. Street Address 5724 S. College Avenue City, MN 55XXX Fort Collins, CO 50525 Attention: Jane/John Doe Attention: Gary Young ARTICLE XV: BINDING EFFECT/ GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their respective officers or agents who are duly authorized to bind the party for which their signature appears. MINNESOTA ATTEST: OUTDOOR PROMOTIONS, Inc. Name: , Mayor Title: APPROVED AS TO FORM: STATE OF COLORADO City Clerk City Attorney )ss. (SEAL) COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2000 by as the o f Outdoor Promotions, Inc. My commission expires: Notary Public 14 Attachment 6 a.UePartmerr,� o��u�lic V!/or� (fill, oI MPle,.,00d MEM01MND_ UM TO: Tom Ekstrand, Assistant Director of Community Development FROM: R. Charles Ahl, Director of Public Works /City Engineer DATE: August 20, 2001 SUBJECT: Bus Shelters I have reviewed the information provided on the bus shelter proposal. As information, the Public Works Department is supportive of any public /private partnership that provides necessary shelters or benches for the transit -using public. We certainly recognize the need and comfort associated with the shelters during inclement weather and the comfort associated with benches when awaiting buses. Our position is not to debate the warrants of benches or shelters. We believe that permits for the benches and shelters should be issued judiciously. The right of way location of the bench or shelter is extremely congested. Recent legislation has opened the right of way to numerous telecommunication companies who must be accommodated within the area outside of the roadway. The shelters and .benches can typically reduce the space for these utilities along with the City's signage and utility needs. In addition, the shelters and benches can become an obstacle for viewing, creating additional obstructions between pedestrians and drivers and /or turning vehicles and pedestrians or other vehicles. In addition, the benches and shelters create problems for maintenance personnel in maneuvering around the obstruction for mowing and plowing purposes. In reviewing this proposal, public works can only support the installation of approximately 6 of the noted locations. We base this decision on the location and obstruction characteristics of the proposed locations shown on the map. Our biggest p gg frustration with the proposed locations is that many are not located at locations where the bus stops. This turns the benches or shelters into pure advertisement purposes, and unwarranted right of way obstructions that increase our cost of providing public services. Finally, we believe that an appropriate fee for recovery of City costs is warranted. An inspection of the installation is warranted to insure that proper location and restoration is performed and that appropriate maintenance is performed on the bench or shelter. If you have any questions or concerns with information within this memorandum, p lease contact me at 651 -770 -4552. RCA 15