05-786Council File # �S' 7 ��O
Green Sheet # 3027698
RESOLUTION
Presented by
OF SAINT PAUL, MINNESOTA �
1 WHEREAS, on June 8, 2005 the Saint Paul City Council adopted Ordinance OS-457 granting Ad Shelters a Bus
2 Stop Shelter Franchise for July 1, 2005 through June 30, 2015; and
3 WHEREAS, during the City Council public hearing and approval process there were concems raised about the
4 percentage of alcohol beverage advertising allowed under the Ordinance; and
5 WI�REAS, both Saint Paul and Ad Shelters are willing to enter into an agreement to reduce the percentage of
6 alcohol beverage advertising allowed under the Ordinance OS-457 from sixty (60) percent to thirty (30) percent;
7 now, therefore be it,
8 RESOLVED, that we hereby authorize the proper city officials to sign the agreement.
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Form Approved by City
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Adoption Certi
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for Subxnission to
Approved b�Jn ay £ 'Date
BY. ��t�C.l�I
Adopted by Council: Date �i �uSf °�, � d��
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ConVactType:
RE-RESOLUi10N
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Green Sheet NO: 3827698
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Total # of SignaW re Pages �_ (Ciip Aq Locatian f Signa
Action Requested:
Approve Council Resolution authorizing proper ciry of�"icials to enter into an agreement with Ad Shelters tnc. to reduce the amount of
alcohol beverage advertising as allowed under ordinance OS-0457, Bus Shelter francltise.
Planning Commission
CIB Committee
Cieil Senice Commission
(R}:
Personal Service Co�traets Must Mswerthe Foibwing Questions:
t. Has this persoNfirm ewr wdicetl under a contract for this depaAment?
Yes No
2. Has this persoNfirtn eter been a city employee?
Yes No
3. Does [his persoNfum possess a skill no[ nomialiy possessed by any
curtent city emp�oyee?
Yes No
Explain all yes answers on separete sheet antl atfach to green sheet
Initiating Problem, issues, Opportunity (Whq Whaf, When, Wfiere, Why):
During City Council pubiic hearing prceess for bus stop franchise renewai, concems were raised in regard to petcentage of alcohol
beverage advertising allowed under ordinance, Ad Sheiters and City have ageed to revise percentage from 60% to 30%.
AtivanWges IfApproved:
Agreement wili proceed.
Disadvanqges if Approved:
None
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Disadvantages H Noi Approved:
None
Total Amount of
Transacfion:
Funtling Source:
financial Information:
(�v�nS
CosMRevettue Budgetetl:
Activity Number:
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August 19, 200510.•52 PM Page 1 �� °Z ��
05- 7S�l
An Ageement dated this tS�- day of �, 2005 by and between the
City of Saint Pau1 a Minnasota municipal corpo tion, hereinafter caIled "St. Paul" and
Ad Shelters, Inc., hereinafter called "Ad Shelters."
WHEREAS, on June 8, 2005 the St. Pau1 City Counci] Adopted Ordinance OS-457
granting Ad Shelters a Bus Stop Shelter Franchise for July 1, 2005 through June 30,
2015; and
Wf�EREAS, during the City Council public hearing and approval process there were
concems raised about the percentage of alcohol beverage advertising allowed under the
Ordinance; and
WHEREAS, both St. Paul and Ad Sheiter aze willing to enter into an agreement to reduce
the percentage of alcohol beverage advertising allowed under the Ordinance OS-457;
NOW THEREFORE IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL
AND AD SHELTERS AS FOLLOWS:
1) The parties agree that the first paragraph of Section 21 Advertising ofthe Ordinance
approved by Council Resolution # OS-457 shall now be amended to as follows
The company shall limit adverkising to one-third of the area of the vertica] surface of the
shelter. All advertising paneis shall not be larger than four (4) feet by six (6) feet in
dimension, except for specially designed artwork on shelters that provides additional
revenue and is approved on a case by case basis by the Director of Public Works or
designee. The company shall not permit obscene, immoral or indecent aduertising or
polirical advertising of any character. The company shall not allow more than thirt 30
s�{6A� percent of the company's combined total advertising space on all shelEers itt the
city to alcoholic beverage products at any time. There shall be no tobacco products
advertised in accordance with state and federal laws. The company, in accepting this
franchise, agrees to remove any advertising whzch the council determines to be
inappropriate to the parkicular location or surroundings of the shelter or inappropriate as a
use of the public street right-of-way. The company shail provide eyuai access to all
advertisers at reasonable rates. The company shall, upon notice, remove any
advertisement of a private company or a commercial product or service that has been
placed or displayed on a shelter on the same street and within one (1} cify block of any
property owned or leased by a company which is in competirion with, or which, as its
principal and primary business, markeYs a product or service which is advertised.
2). All other terms and condifions of Ordinance OS-457 remain in effect.
� �78�0
3).This agreement shall termivate concurrently with the expiration of the Bus Shetter
Franchise Ordinance on June 30, 2015. If a revised Bus Shelter Francluse Ordinance is
adopted prior to June 30, 2015, this agreement will terminate at the time the revised
Ordinance becomes effecfive.
A elters, Inc
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APPROVED AS TO FORM:
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St. Paul Ciry Attorney's Date !
off�e
CITY OF SAINT PAUL
By:
Randy Kelly, MayOr at� �
B : �� > ` �� �/'� 5
Director Date
Department of Public Works
2
An Agreement dated tYris I S{- day of ,c.t,� , 2005 by and between the
City of Saint Paul a Minnesota municipal corp Lation, hereinafter called "St. Paul" and
Ad Shelters, Inc., hereinafter called "Ad Shelters."
WHEREAS, on June 8, 2005 the St. Paul City Council Adopted Ordinance OS-457
granting Ad Shelters a Bus Stop Shelter Franchise for July 1, 2005 through June 30,
2015; and
WHEREAS, during the City Council public hearing and approval process there were
concerns raised about the percentage of alcohol beverage advertising allowed under the
Ordinance; ar,d
WHEREAS, both St. Paul and Ad Shelter are willing to enter into an agreement to reduce
the percentage of alcohol beverage advertising allowed under the Ordinance OS-457;
NOW THEREFORE IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL
AND AD SHELTERS AS FOLLOWS:
1) The parties agree that the first paragraph of Section 21 Advertising of the Ordinance
approved by Council Resolution # OS-457 shall now be amended to as foliows
The company shall limit advertising to one-third o£ the area of the vertical surface of the
shelter. All advertising panels shall not be larger than four (4) feet by six (6) feet in
dimension, except for specially designed artwork on shelters that provides additional
revenue and is approved on a case by case basis by the Director of Public Works ar
designee, The company shall not permit obscene, immoral or indecent advertising or
political advertising of any character. The company shall not allow more than thirt 30
";°.,� percent of the company's combined total advertising space on all shelters in the
city to alcoholic beverage products at any time. There shall be no tobacco products
advertised in accordance with state and federal laws. The company, in accepting this
franchise, agrees to remove any advertising which the council determines to be
inappropriate to the particular location ar surroundings of the shelter or inappropriate as a
use of the public street right-of-way. The company shall provide equal access to all
advertisers at reasonable rates. The company shall, upon notice, remove any
advertisement of a private company or a commercial product ar service that has been
placed or displayed on a sheiter on the same street and within one (I) city block of any
property owned or leased by a company which is in compe6tion with, or wYrich, as its
principal and primary business, markets a product or service which is advertised.
05 -7g�
2). All other terms and conditions of Ordinance OS-457 remain in effect.
D5-`78h
3).This agreement shall tenninate concurrenfly with the expirarion of the Bus Shelter
Franchise Ordinance on June 30, 2015. If a revised Bus Shelter Franchise Ordinance is
adopted prior to June 30, 2015, this agreement will tenninate at the time the revised
Ordinance becomes effective.
Ad S elters, Inc
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Date: �'�( �'
APPROVED AS TO FORM:
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St. Paul City Attomey's Date �"
Office
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CITY OF SAINT PAUL
By:
andy K�, Mayor Date �
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Director Date
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Department of Public Works
2
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An Agreement dated this t� day of�e,��r 2005 by and between the
City of Saint Paul a Minnesota municipal co arion, hereinafter called "St. Paul" and
Ad Shelters, Inc., hereinafter called "Ad Shelters."
WHEREAS, on June 8, 2005 the St. Paul City Council Adopted Ordinance OS-457
granting Ad Shelters a Bus Stop Shelter Franchise for July l, 2005 through June 30,
2015; and
WHEREAS, during the City Council public hearing and approval process there were
concerns raised about the percentage of alcohol beverage advertising atlowed under the
Qrdinaz!ce; and
WHEREAS, both St. Paul and Ad Shelter are willing to enter into an agreement to reduce
the percentage of alcohol beverage advertising allowed under the Ordinance OS-457;
NOW THEREFORE IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL
AND AD SHELTERS AS FOLLOWS:
1) The parties agree that the first paragraph of Secfion 21 Advertising of the Ordinance
approved by Council Resolution # OS-457 shall now be amended to as follows
The company shalllimit advertising to one-third of the area of the vertical surface of the
shelter. All advertising panels shatl not be larger than four (4) feet by six (6) feet in
dimension, except for specially designed ariwork on shelters that provides additional
revenue and is approved on a case by case basis by the Director of Public Works or
designee. The company shall not permit obscene, immoral or indecent advertising or
political advertising of any chatacter. The company shall not allow more than thi 30
s�F� percent of the company's combined total advertising space on all shelters in the
city to alcoholic beverage products at any time. There shall be no tobacco products
advertised in accordance with state and federal laws. The company, in accepting this
franchise, agrees to remove any advertising which the council determines to be
inappropriate to the particular location or surroundings of the shelter or inappropriate as a
use of the public street right-of-way. The company shall provide equal access to all
advertisers at reasonable rates. The company shall, upon notice, remove any
advertisement of a private company or a commercial product or service that has been
placed or displayed on a shelYez on the same street and within one (1) city block of any
property owned or leased by a company which is in competirion with, or which, as its
principal and primary business, markets a product or service which is advertised.
/� � �
2). All other terms and conditions of Ordinance OS-457 remain in effect.
..
3).This agreement shall terminate concurrently with the expiration of the Bus Shelter
Franchise Ordinance on June 30, 2015. If a revised Bus Shelter Franchise Ordinance is
adopted prior to June 30, 2015, this agreement will terminate at the time the revised
Ordinance becomes e£fective.
Ad �lters, Inc
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Date: $_� 6
APPROVED AS TO FORM:
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St. Paul City Attorney's Date
Office
CITY OF SAINT PAUL
By:
Randy Kelly, M y��
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irector Date
Depariment of Public Works
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