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REQUEST FOR COUNCIL ACTION <br />DATE. 03/17/03 <br />ITEM: VIII. A. <br />Department Approval: Manager Reviewed: Agenda Section: <br />Reports & Recommendations <br />Item Description: Consider a Deport about Bus Shelters and Benches; and First Read of a Ton - <br />Exclusive Transit Stop Shelter Ordinance <br />Background: In April, 2002, Craig Fiernot, Outdoor promotions, Inc. (from Denver), presented <br />to the City Council a proposed bus shelter improvement plan along bus routes in Roseville and <br />possibly throughout the 35W coalition Cities. The applicant is working throughout the Metro <br />Area on similar issues. The Council approved ordinance revisions on July 15, 2002, to allow for <br />"bus shelters," as well as "bus benches" to be located along bus routes. (See Attachment 1, <br />Ordinance 1 267) <br />Staff has been working with the City Attorney on agreement options, which would cover this <br />type of installation on public fight-of-ways. The City Attorney has drafted a non - exclusive <br />transit stop shelter franchise ordinance as a moans of allowing these operations adjacent public <br />roadways. This ordinance would be non - exclusive, meaning the City could enter into more than <br />one franchise agreement for placement and operation of transit shelters. (See Attachments 2,, <br />Squires Legal Opinion. & 3, Non- Exclusive Transit Stop Shelter Franchise) <br />Discussion: The City Attorney will discuss the pro's and con's of a franchise ordinance versus a <br />simple agreement to install and operate shelters. The franchise ordinance outlines the scope and <br />expectations of the installation of shelters. <br />Placement of shelters would require individual applications and site plans for each installation. <br />Siting requirements would be contained in an appendix to this agreement. <br />The City currently has permitted bus benches at many locations throughout the City. The current <br />ordinance does not allow for co- location of shelters and benches outside the shelter. Potentially, <br />depending on siting requirements and transit facility needs, there may be conflicts. The Council <br />will need to decide whether the City and transit official determine the appropriate facility or <br />whether to amend the ordinance to allow co- location. (See Attachment 4, Map) <br />The Council will also need to decide whether the bus bench vendors need to provide the same <br />level of maintenance and operational services as shelter operators. A decision as to whether bus <br />benches continue to be permitted on an annual basis or move toward a franchise agreement with <br />a franchise fee, as proposed with transit shelters. � <br />Policy objectives: Existing City ordinance allows bus benches or transit shelters in the right-of- <br />way. A franchise ordinance, or agreement mechanism, needs to be established to provide mutual <br />protection in the operation of these facilities. <br />