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
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LOCATION MAP
• POSSIBLE SHELTER LOCATIONS
3
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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.
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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
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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
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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
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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
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asked respondents to state their preference among hypothetical sets of bus service
THE AMENITIES FOR TRA1'SIT HANDBOOK - 21
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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
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shelters, for example, provide little protection from wind -driven rain and are inappropriate
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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