Loading...
HomeMy WebLinkAbout2016-04-21 DTPC packeti water THE BIRTHPLACE OF M I N N E S O TA DOWNTOWN PARKING COMMISSION AGENDA Thursday, April 21, 2016 8:30 AM Conference Room 213, City Hall 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MARCH 17, 2016 MINUTES 4. NEW BUSINESS 4.01 JX Event Center loading zone request 5. CURRENT BUSINESS 5.01 Ramp Ads contract 5.02 Cashman proposal for Tuk Tuk service downtown 6. SPECIAL EVENTS 6.01 Lumberjack Days event permit 7. ADJOURNMENT 11 lwater TME 7INTN►LACE OF MINNESOTA DOWNTOWN PARKING COMMISSION MEETING MINUTES March 17, 2016 REGULAR MEETING Chairwoman Pelletier called the meeting to order at 8:37 a.m. Present: Chairwoman Pelletier, Commissioners Anderson, Hopfe, Johnson, Lettner, Council Representative Junker Absent: Commissioner Glynn Staff: Community Development Director Turnblad, Police Chief Gannaway, Parking Enforcement Officer Pasket APPROVAL OF MINUTES Approval of February 18, 2016 meeting minutes There were no changes to the minutes of the February 18, 2016 meeting. SPECIAL EVENTS SEED Earth Day Event Kristin Klemetsrud explained that the SEED program (Stillwater Eco Employment Directive), which assists businesses with recycling, is hosting an electronics recycling event on Earth Day, April 22. The Stillwater IBA would like to reserve nine parking spaces in Lot 9 for three hours on Friday, April 22 from 7-10 a.m. The event will last two hours. Setup will take less than an hour. Community Development Director Turnblad suggested that the spaces be reserved on the north end of the lot to facilitate traffic flow. Staff recommends approval. Motion by Commissioner Anderson, seconded by Commissioner Hopfe, to approve the use of up to nine spaces in Lot 9, to be located on the north end of the lot, at no charge. All in favor. NEW BUSINESS Zephyr Theatre parking mitigation Community Development Director Turnblad stated that Only a Dim Image Productions has a purchase agreement for the Minnesota Zephyr property on North Main Street. The group proposes to renovate the depot and add a 332 seat performance theatre, rehearsal area, Downtown Parking Commission March 17, 2016 production area, support staff offices, and bakery/coffee shop. The theater space would be constructed on the north end of the building. Accessory outdoor uses would include seasonal sales of snacks and coffee to serve Brown's Creek Trail users. The facility will be known as "The Zephyr Theatre." In addition to building improvements, a new parking lot is proposed to be developed on City property adjoining the site to the north. The City leases the property to the Zephyr and the lease is transferrable to subsequent owners. When the Council reviews the project, it will consider re -issuing the lease to the theater company. The new north lot is planned to have 47 parking spaces. The total number of available spaces for the facility would be 124. The theater will require 111 spaces. The bakery/coffee shop will require 28 spaces, so the total parking requirement is 139 spaces. For multiple use buildings like this, the Zoning Code allows a 5% reduction in required parking. With the multiple use reduction of seven spaces, the facility requirement is 132; therefore, the project is short eight parking spaces. The short term business plan is to operate the bakery/coffee shop only for users of the theater, for theater performances and other rented uses of the theater. If the bakery is not open to the general public, no parking mitigation is required as sufficient spaces would be available. The longer term business plan is to open the bakery/coffee shop to the public. It is possible under this scenario that all 132 spaces could be needed. Therefore, if the business plan changes like this, the eight spaces will need to be mitigated. Overflow parking guests will probably want to park in Municipal Lot 12. Staff recommends that as long as the business plan does not open the bakery/coffee shop to the public, no parking mitigation should be required. If the plan changes to allow both theater use and public use of the bakery, then the eight spaces should be mitigated. At the current rate of $10 per space, the eight space shortage would require the business to pay $80 per month. The business owner would be responsible for informing the City if the business plan changes. Roger Tomten, architect with ARCHNET, added that part of the proposal is to make improvements to the north parking lot. Community Development Director Turnblad said the current lease with the Zephyr allows City public safety to use the north lot for staging events; if the property is sold and a new lease were written, staff would recommend that the new lease continue to allow for this. Franz Hall, Only a Dim Image Productions, explained the proposed business plan. Motion by Commissioner Anderson, seconded by Commissioner Hopfe, to approve the mitigation plan as follows: 1) if the bakery/coffee shop is not open to the public, no mitigation will be necessary; 2) if the bakery/coffee shop will be opened to the public, then a mitigation fee must be paid monthly for the eight spaces that are deficit; 3) the lease for the north parking lot will need to allow the City's public safety department to continue to use the lot as a staging area when necessary. All in favor. Ramp ads presentation by Chris Christian Chris Christian, Ramp Ads Marketing LLC, explained a proposal for advertising in the municipal parking ramp. The advertisements would do no harm to the wall surfaces and there would be no up -front City costs. The City would have a portion of revenues. Ad placement Page 2 of 4 Downtown Parking Commission March 17, 2016 and content would be subject to City approval. Ramp Ads would remove or fix ads that are vandalized or damaged. Council Representative Junker said the Commission should set a limitation on how many ads would be allowed in the ramp so it is not completely covered. He reminded the Commission that the downtown is a historic district. Mr. Christian said they would like ads to remain as long as possible; they shoot for a 3 -month minimum. Replacing the ad or swapping it out would be negotiated with the advertiser. They currently sell a small 2' x 4' ad for $350/month, a 3' x 6' for $400-$500, a 4' x 8' for $600- $700, with the property owner usually receiving 20%. The City would be able to cancel the contract any time but if there is an ad placed, they would like to allow it to run its course. Asked if the Heritage Preservation Commission needs to be involved, Mr. Turnblad responded that the HPC reviews signage only if it is on the outside of the building. These ads would only be visible on the interior of the ramp. Commissioners expressed concerns about City liability, should the Commission reject the content of an ad. Mr. Turnblad agreed to run this past the City Attorney. By consensus, the Commission asked staff to circulate a draft contract for the ramp advertising services. When the commissioners have had a chance to comment, staff will bring it to the City Council for consideration. Parking lot sign replacement Community Development Director Turnblad reported that there are about 30 signs in downtown parking lots in various states of disrepair. Staff recommends replacing half of the signs this year and half next year. The estimated cost for replacing all signs is $5,400 for materials. The City sign shop would assemble the signs. Motion by Commissioner Lettner, seconded by Commissioner Hopfe, to approve the replacement of half of the parking lot signs in 2016 at a cost not to exceed $2,700 for supplies. All in favor. SPECIAL EVENTS continued Stillwater Criterium bike race Community Development Director Turnblad reviewed the request. Lee Stylos has made application for an event permit on behalf of Minnesota Bicycle Festival, Inc. for the 15th annual Stillwater Criterium Race, to be held June 19. The Criterium is the final leg of the five-day professional bike race known as the North Star Grand Prix. Organizers are requesting the City to close each street in the course and reserve two parking lots for their exclusive use. From the Downtown Parking Commission's point of view, the request is to reserve all of the on -street parking along the course and to reserve Parking Lots 16 (Olive St Page 3 of 4 Downtown Parking Commission March 17, 2016 Lot) and 17 (Teddy Bear Park Lot). Lot 16 would be used for the Festival Expo. The expo will include a number of vendors offering bicycles, bicycle accessories, fitness equipment, food and booths for festival sponsors. Portable restrooms will also be located in this lot. The City's 2016 fee schedule sets a price of $3 per space per day in this lot. Since all 47 spaces would be reserved, the total fee for the lot would be $141. Lot 17 would be the location of the "pit" for race participant bike repairs. It will also function as a base of operations for the event organizers. So, all 97 spots are requested to be reserved. As with Lot 16, the fee for this lot is $3 per space for the day. The total fee for this lot would therefore be $291. The race requires closure of the course streets. Closed portions of both Second and Third Streets are in the Downtown Parking District and the City charges for reserving the on -street parking spots. Second Street up to the foot of Chilikoot Hill is considered part of the Downtown Parking District. It has marked on -street spots. Third Street up to Pine Street is considered part of the downtown parking system as well. But, its parking spaces are unmarked. The total number of on -street spaces is 79 (51 un -marked and 28 marked). The fee for each reserved on -street parking spot is $3 for the day. The total would be $237. For the past several years, the Parking Commission recommended charging only for the 28 marked spots on Second Street. Staff recommends the same for this year, which would be a fee of $84 for on -street parking. Staff recommends approving the request to reserve the lots and on -street parking, and recommends charging the standard fee of $516 for the use of the two lots and the marked on - street parking. Motion by Commissioner Anderson, seconded by Commissioner Hopfe, to approve of the event with a fee of $516 and the condition that the event organizer include notations in their marketing materials that parking is available in the municipal parking ramp. All in favor. OTHER BUSINESS Parkin lot The Commission asked staff to bag the pay parking lot signs in Lots 1 and 2 to eliminate confusion. Loading zone signs The Commission asked staff to review the loading zone signs on South Water Street to make sure they allow for general public parking on Sundays. ADJOURNMENT Chairwoman Pelletier adjourned the meeting at 9:45 a.m. Respectfully Submitted, Julie Kink, Recording Secretary Page 4 of 4 Water THE BIRTHPLACE OF MINNESOTA TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 15, 2016 RE: JX Event Venue BACKGROUND The JX Event Center, located in the historic shoe factory building on 2nd Street and Commercial Avenue, is well into its building renovation and will open soon for business. As the owner, Judd Sather, works through final operational details, he is hoping to create four drop-off spaces on 2nd Street and four event parking spaces on Commercial Avenue. The drop-off spaces would be at the front entrance to the Event Center. The event parking would be for catering and other service needs and would be located near the service entrances on Commercial Avenue. In addition, the delivery dock that projects into the Commercial Avenue right-of-way will be removed as part of the Event Center renovation. This is necessary in order for the City to be able to complete the Commercial Avenue pedestrian improvements planned in the current Comprehensive Plan. Though the timing for the improvements is unknown, eventually the curb line on the south side of Commercial Avenue would be straightened out (it currently does a jog around the loading dock and loading space) and the sidewalk on both sides of the street would be upgraded and made more welcoming to pedestrians. Mr. Sather will remove the loading dock at his cost. In return, he asks the City to consider allowing the event parking and 15 minute parking. SPECIFIC REQUEST Mr. Sather is making four requests (see Exhibit D): 1) Designate the two southerly parking spaces on 2nd Street in front of the JX Event Center for 15 minute parking on Saturday and Sunday. a. These spaces are currently for three hour parking from 8 am to 6 pm daily. 2) Designate the two northerly parking spaces on 2nd Street in front of the JX Event Center for 15 minute parking daily. a. These spaces are currently for three hour parking from 8 am to 6 pm daily. 3) Designate the four parking spaces immediately adjacent to the north side of the building for JX Event Center use only (24x7x365). a. They are currently for three hour parking from 8 am to 6 pm daily. Sather Event Venue Page 2 4) Allow the current curb line on the north side of the JX Event Center to stay as it is after removal of the loading dock. a. As seen in the attached photo and graphics, the sidewalk on the south side of Commercial Avenue was replaced by a loading dock and curb cut to allow vehicles to back into the dock area. b. Eventually, the City would like to realign the curb here to create sidewalk and other pedestrian amenities. In the meantime, Mr. Sather would like to leave the curb line as it is so caterers and other service providers can back in and unload. COMMENTS • In order for a private business owner (in this case JX Event Center) to reserve exclusive use of publicly owned property (i.e. the on -street parking spaces), an annual license would have to be approved by the City Council. This is done, for example, with Stillwater Trolley and the BierCycle. o As with the trolley and pedal pub requests, the Parking Commission and City Council will have to consider the specific spaces to determine whether it would be good public policy to reserve them for use of a single private business. How many other property owners and customers rely on the proposed spaces? Are there good parking alternatives in the immediate area for people who rely on the spaces? o If the Parking Commission and Council find that it is reasonable to reserve the spaces, then according to the current fee schedule there would be an annual license fee equal to $3/day/space during the off-season and $9/day/space during the high -season'. • The 15 minute parking spots would be available to the general public, including the JX Event Center. • For many years semi -trucks backed into the loading dock for this building and partially blocked traffic on 2nd Street. If the City were to allow the loading dock curb cut to remain in place after the dock is removed, only cars and vans should be allowed to use the loading space. • The cost of the signs and the cost of installation would be the responsibility of the JX Event Center. NECESSARY ACTION The Parking Commission should consider the four requests and make a recommendation to the City Council for each. bt Attachments: Exhibit A - Pedestrian improvement rendering Exhibit B - Loading dock air photo Exhibit C - Neighborhood on -street parking map Exhibit D - Parking detail plan ` 153 high -season days at $9 per day for each of the 4 spaces = $5,508. 212 off-season days at $3 per day for each of the 4 spaces = $2,544. The total would be $8,052 per year for the four spaces on Commercial Avenue. Sather Event Venue Page 3 Exhibit A Figure 6.31: Proposed Commercial Avenue 0 PLAN OF STILLWATER 0 1111111111111111 II II III II If 1[111IlllIIIl411111111111119WW19W9111H11lIIIIIIIIIIYIIIIIIII ]III 111111111111111111111 II II II III II I9f I11l[IFIIIIlIIIIIIW1119WWIWWWIIIWWIIIIi111119111141111111I ]III ]III 11111 II II I II II II II I!I II I!Illlflf 1411114111111111119WWIIIWWII1111111111111111111111111111111111111111111111111111 II II III II II It III II III Chapter 6: Downtown Stillwater Framework Pian 6_43 Exhibit B Sather Event Venue Page 4 Exhibit C Parking in Neighborhood of A Event Center 8b Lowell Inn r_ -j COO' Lot 6 % Lot 9 Legend F-7 City Parking -.1 CRy Parking R..p Trallhoad Parking P-,nfl p.dang-ty Prmi. p.,king only Or skeel handcapped 15 minute p.r1drg Ilmft m 30 minute parldrLs limit Loadng/unl"dng 13- 1-dinghrd-ding B- parking MontintV Pow 11 B.Ana- P. -It Vadid DT Resident Pernik Valid ,allow;: avurnianq F— perking Pay parking LL0 Free Ater once hours Sather Event Venue Page 5 Exhibit D JX Event Center On -street parking Request: Reserved for A Event Center Existing loading dock _ r • • • �VBn� �it+'��eC �X G 0 Request for northern two spaces: 15" parking C�t`J Park Request for southern two spaces: 15" parking on weekends �ovv e11 Legend City Parking Lot - City Parking Ramp 15 minute parking limit - 3i} minute parking limit Loading/unloading - Bus loadinglunloading - Bus parking - On -street handicapped TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 20, 2016 RE: Ramp Ads Contract BACKGROUND Ramp Ads Marketing LLC has approached the City with a request to consider allowing them to advertise in the City’s parking ramp. They are currently negotiating with the Cities of Minneapolis and St. Paul to advertise in their parking ramp systems. Last month the Parking Commission heard a proposal from the company and approved of the concept. As a result a draft contract has been submitted and is attached. COMMENTS The draft contract has been circulated amongst the Parking Commissioners. Comments and edits that were made on the first draft are included in this version. REQUEST Staff asks the Parking Commission to consider the current version of the contract and if found acceptable forward it to the City Council. bt 1 RAMPADS, L.L.C./CUSTOMER PARKING RAMP ADVERTISING AGREEMENT THIS PARKING RAMP ADVERTISING AGREEMENT (the “Agreement”), dated as of ______________, 2015, is by and between CUSTOMER (the “Customer”) and RampAds, L.L.C., a Minnesota limited liability company (“RampAds”). WITNESSETH: WHEREAS, Customer desires to hire an experienced company to sell and manage advertising services for spaces within Customer’s parking ramp; and WHEREAS, RampAds has the design, production and installation experience to provide such services; and WHEREAS, the Customer desires to engage RampAds to provide advertising services, and RampAds agrees to provide advertising services on behalf of the Customer; NOW THEREFORE, based upon these premises and in consideration of the mutual promises contained herein, the Customer and RampAds agree as follows: ARTICLE I Advertising Services 1.1 Exclusive Services by RampAds In accordance with the terms of this Agreement, RampAds shall provide exclusive sales, installation and management services for the Customer’s Parking Ramp, excluding all skyway bridges to the Ramp. RampAds shall sell, install, maintain, repair, modify and reconstruct, as necessary, visual advertising (“Signs”) in spaces set aside for this purpose in all existing Customer-owned parking ramps. Customer’s Parking Ramp is located at __________________________________. RampAds shall also undertake and administer all accounting, sales and billing required in the sale and installation of the advertising. 1.2 – reserved – 1.3 Space Selection Customer shall designate spaces in the Parking Ramp for the placement of advertising and shall provide RampAds with a signed Parking Ramp map showing such approved locations. RampAds may decline to use designated space(s) if the condition of the surface of such designated space(s) would, in RampAds sole discretion, require too much preparation for proper application of the advertising material. 2 1.4 Approval of Signs RampAds shall provide Customer with proofs of advertising concepts in either a reduced-size, hard-copy or an online PDF for all signs proposed for each Parking Ramp. Customer shall have 5 (5) business days to approve or reject the proposed Signs. If Customer does not approve or reject the proposed Signs within such time, it shall be deemed approved and RampAds shall have the right to begin installation. Customer shall accept all copy, graphics and photos, except those which are obscene. 1.5 Rejection of Signs Customer has the right to reject any Sign which interferes with the safe operation of the Parking Ramp or with the placement or safe operation of Customer equipment. The determination as to whether any Sign interferes with the safe operation of the Parking Ramp shall be within the sole determination of the Customer. RampAds will rely on Customer’s determination of placement and safety of approved Signs; if any installed Sign is subsequently found to interfere with the safe operation of the Parking Ramp or with the placement or safe operation of Customer equipment, RampAds shall be entitled to compensation for only reasonable direct costs associated with the removal and reinstallation of the Sign. 1.6 Sale and Installation of Signs a. RampAds is responsible for sale, installation and removal of all Signs. Any Sign sales generated or discovered by Customer will be promptly referred to RampAds. b. Installation of Signs may occur at any time. All RampAds activities relating to the installation and removal of Signs shall be undertaken and conducted so as not to unreasonably interfere with safe and orderly parking operations by the Customer. c. RampAds shall supply, at its own expense, all equipment required to install the Signs. RampAds shall ensure that all Signs are designed and installed so as to fit safely and securely onto the surface provided; RampAds shall promptly remove at its expense any Signs installed in error. 1.7 Ramp User Information Customer shall provide RampAds with any and all information concerning the demographics of users of the Parking Ramp, provided that Customer is not under an obligation to keep such information confidential. The information so provided may be used by RampAds, in its sole discretion, to better tailor the sale of Signs to the users of a Parking Ramp. Except to the extent used by RampAds to market advertising space, all such information shall be kept confidential and shall not be used for any other purpose. 3 1.8 Parking Pass Customer shall provide RampAds and its subcontractors a mechanism that allows for free passage in and out of the parking ramps. Such passage will be used only to install, maintain and remove the Parking Ramp Signs, and also to allow RampAds the ability to show and sell the advertising space to its prospective clientele. Any use other than that noted above will result in the termination of free passage in and out of the parking ramp, resulting in RampAds and its subcontractors paying market parking rates. 1.9 Maintenance and Repair All Signs installed by or on behalf of RampAds in the Parking Ramp shall at all times be and remain the property of RampAds. RampAds agrees to maintain the Signs in good repair and to promptly replace Sign due to poor workmanship or material failure. Any Sign damaged or marred by graffiti will be replaced or repaired by RampAds at a reasonable cost to be borne by advertiser. 1.10 Removal Upon termination of this Agreement, RampAds shall, at its sole cost, remove all its advertising and any material residue from the surface on which the advertising was placed, and paint, if necessary, the surface immediately behind the advertising a color that is as close as practical to the surrounding surface. Customer, at its sole cost, shall be responsible for further surface treatment. 1.11 Public Service Signs Customer and RampAds reserve the right to provide free advertising space to non-profit organizations and units of government in those parking ramp locations which are not sold to advertisers by RampAds. Such non-profit advertising (the “Public Service Signs”) shall be selected and approved by RampAds, with guidance from Customer. RampAds shall provide installation and maintained in accordance with this Agreement. Except as otherwise agreed in writing, any production costs or expenses associated with the Public Service Signs shall be at the sole expense of Customer, the non-profit and/or units of government placing such advertising. ARTICLE II Billing and Compensation 2.1 Billing for Advertising Except as provided in paragraph 1.10 of this Agreement, RampAds shall, in its sole discretion, solicit and contract with advertisers, determine rates for all advertising placed in the Parking Ramp, and bill and collect revenues from all Parking Ramp advertisers. 4 2.2 Percentage of Quarterly Revenues RampAds shall pay to the Customer an amount, which represents Twenty Percent (20%) of the Advertising Revenue generated from advertising sales at Customer’s Parking Ramp during the prior fiscal quarter. Subject to Customer’s compliance with the terms of this Agreement, RampAds shall pay Customer all amounts payable hereunder within forty-five (45) days of the end of each such fiscal quarter. 2.2.1 For purposes of this Agreement “Advertising Revenue” shall mean the gross revenue attributable to RampAds's sale of advertising space in the Parking Ramp and received during each fiscal quarter. 2.2.2 For puposes of this Agreement “Fiscal Quarter” shall mean the quarters ending March 31, June 30, September 30 and December 31 of any such calendar year, regardless of the date on which this Agreement becomes effective. 2.2.3 Payments to the Customer shall be made directly to it or its agent, as directed by Customer. As of the date of this Agreement, all payments should be directred to Cutomer’s agent, at ______________________________________________________, or such other address as Customer may provide upon five (5) business days notice to RampAds. ARTICLE III Term and Termination 3.1 Term The term of this Agreement shall be one (1) years, commencing upon the date set forth on Page 1 of this Agreement (the Anniversary Date) and, unless terminated in accordance with paragraph 3.2, shall be automatically renewed for additional terms of four (4) years. 3.2 Termination This Agreement may be terminated at the election of either party upon written notice to the other party at least 90 days prior to the Anniversary Date. Final termination to occur upon the Anniversary date or completion of the last advertising cycle, whichever is latest. For this agreement, “Advertising Cycle” refers to the completion of a pre-paid advertisement’s term. If this agreement is terminated, no new advertisements will be placed but current ads posted will complete their cycle, and the customer will continue to earn their percentage of revenue. 5 3.3 Default Any of the following events shall constitute an “Event of Default” under this Agreement: a. if a party shall become insolvent, or become the subject of any bankruptcy, insolvency or similar proceeding, which has not been terminated, stayed, or dismissed within sixty (60) business days after its was commenced; b. if any material representation made under this Agreement shall have been materially false or misleading, when made; or c. if a party shall default in the payment or performance of any obligation under this Agreement and such nonpayment or nonperformance shall continue for sixty (60) days after the non-breaching party has provided written notice of the default. 3.4 Remedies Following an Event of Default, the party not in default may exercise one or more of the following remedies: a. Cure the Event of Default and obtain reimbursement from the other party; b. Terminate this agreement; c. Sue for damages resulting from the Event of Default; or d. Exercise any other remedy available at law or in equity. ARTICLE IV Insurance and Indemnification 4.1 Insurance a. RampAds and each of its subcontractors shall procure and maintain in force the following insurances: i. Worker’s Compensation Insurance: As required by Minnesota law covering the employees of RampAds and the employees of each subcontractor hired or retained by RampAds in performance of this Agreement. ii. Commercial General Liability: Naming RampAds as the insured and naming the Customer as an additional insured, with no less than the following limits of liability: bodily injury, death and property damage of $1,500,000 per occurrence with an aggregate limit of $2,000,000. If the per insurance occurrence limit is less than the $1,500,000, then an umbrella policy with at least $1,000,000 additional coverage shall be added to the underlying liability coverage. Upon notice by Customer to RampAds, the limits of insurance coverage may be adjusted to reflect 6 changes in the tort liability limits set forth in Minnesota Statute Section 466.04 as amended and as applicable to the Customer. This policy shall also be endorsed for contractual liability in the same amount. Any subcontractor shall maintain a similar policy covering as insured each subcontractor. iii. Automobile Liability: Naming RampAds as the insured and naming the Customer as an additional insured, with no less than the following limits of liability: $1,000,000 combined single limits for bodily injury, and property damage. All subcontractors shall maintain a similar policy covering as insured each subcontractor. This policy shall apply to personal, company and rental cars used by RampAds or any subcontractors in conjunction with the scope of work activities outlined in this Agreement. 4.2 Indemnification a. RampAds shall indemnify and defend Customer (and its officers, agents, and employees), and hold Customer (and its officers, agents, and employees) harmless from and against all loss or expense, including liability costs and attorneys’ fees, by reason of any claim or suit, or theory of liability imposed by law upon the Customer or its agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from RampAds’s and its subcontractor’s acts or omissions in the performance of this Agreement. ARTICLE V General Terms 5.1 Records and Reports RampAds shall, without charge to the Customer, maintain such records as will support the calculation of “Advertising Revenue” as that term is defined in paragraph 2.2.1 above. Upon five (5) business days prior notice, RampAds shall, without charge to the Customer, make such records available for inspection and copying by the Customer at any time during normal business hours. 5.2 Notices All notices, certificates or other communications under the Agreement shall be sufficiently given and shall be deemed given when personally delivered or when mailed by first class mail postage prepaid with proper addresses indicated below. The Customer and RampAds may, by written notice given by each to the other, designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated herein. Until otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: 7 To Customer: _______________________ _______________________ To RampAds, L.L.C.: RampAds, L.L.C. Christopher Christian – Managing Member 1099 Snelling Ave. North Saint Paul, Minnesota 55108 5.3 Binding Effect This Agreement shall inure to the benefit of and shall be binding upon the Customer and RampAds and their respective successors and assigns. 5.4 Assignment This Agreement may not be assigned by either party, in whole or in part, without the express prior written consent of the other party; provided however, that either party may, without the consent of the other, assign this Agreement in connection with a sale of all or substantially all of that party’s assets to an unrelated third-party. 5.5 Severability In the event any provision of the Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision. 5.6 Amendments, Changes and Modifications Except as otherwise provided herein, this Agreement may not be effectively amended, changed or modified by the Customer or RampAds except by written amendment approved and executed by the Customer and RampAds. 5.7 Counterparts The Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5.8 Choice of Law This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Minnesota. 5.9 No Waiver No failure to exercise, and no delay in exercising, any right, power or remedy hereunder on the part of the Customer or RampAds shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the Customer or RampAds therein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. 8 IN WITNESS WHEREOF, the parties hereto have caused this Parking Ramp Advertising Agreement to be duly executed as of the date written above. CUSTOMER RAMPADS, L.L.C. _____________________________ _____________________________ by: by: Christopher Christian its: its: Managing Member TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 20, 2016 RE: Cashman tuk-tuk license BACKGROUND Jim Cashman is proposing tuk-tuk service in downtown Stillwater. Essentially a tuk-tuk is a motorized rickshaw. (See attached photos.) His drivers would offer rides and mini-tours all over downtown for free. His plan is to place two 5 foot wide by 13 foot long battery operated vehicles into service between April and October. Revenue to support the drivers and vehicle costs would be generated through rider donations and advertising placed on the tuk-tuks. One reserved parking stall is requested for each of the two street-legal vehicles. As with the Stillwater Trolley and the BierCycle, a license is necessary from the City Council to reserve public parking spaces for private use and to operate the transportation service downtown. SPECIFIC REQUEST Mr. Cashman is requesting the necessary license to operate the transportation service downtown and to reserve two parking spaces, designated as #1 and #2 on the attached exhibits. COMMENTS • Though Mr. Cashman would prefer the spaces designated as #1 and #2 on the attached exhibits, he has shown two others that would also be acceptable, should the City prefer them. • Each of the four potential spaces has advantages and disadvantages. Staff believes that spaces #2, #3 and #4 could be acceptable. But, #1 is not acceptable for a number of reasons. Foremost is that parking is not allowed anywhere on Sam Bloomer Way. But, also the Police Department routinely uses that spot for monitoring Downtown safety. And, this is the service entrance to the amphitheater stage. • In addition to using public streets, Mr. Cashman has requested to be allowed to run the tuk-tuks on the Riverwalk and the Downtown Trail. As a street-legal vehicle, the use of public streets is possible. But, the City does not allow motorized vehicles (with the exception of Segways) on Cashman tuk-tuk Page 2 pedestrian/bicycle trails or the Riverwalk. And, public safety staff do not recommend granting an exception for the tuk-tuks. • Cost per space o On-street spaces - For two on-street spaces the current cost of reserving from April through October would be $3,120.1 However, to be consistent with the BierCycle and Trolley licenses, the City would likely reduce that cost by 50% for a total of $1,560. This number would be reduced on a pro-rated basis to correspond to the date each of the two vehicles is actually put into service. o Lot 6 space – The one space in Lot 7 would be $459.2 This number would be reduced on a pro-rated basis to correspond to the date each of the two vehicles is actually put into service. NECESSARY ACTION The Parking Commission should make a recommendation to the City Council on the request for reserving two parking spaces, and if reserving two spaces is found acceptable, which two would be appropriate. bt Attachments: Parking spaces location maps Letter from Cashman 1 153 high season days x $9 per day x 2 spaces = $2,754. Plus 61 off season days x $3 per day x 2 spaces = $366. For a total of $3,120. 2 86 high season weekend days x $3 per day = $258. Plus 67 high season weekdays x $1.50 = $100.50. Plus 67 off-season days x $1.50 = $100.50. For a total of $459. To date the City has never applied the 50% discount to spaces in a parking lot. Cashman tak-tuk Page 3 M yw,. .. a u Cashman tuk-tuk Page 4 Cashman tak-tuk Page 5 IVA suture "0 rolley parkirm space VlW 7 0 James/Marilyn Cashman 2022 Broadway St N Stillwater MN, 55082 April 14, 2016 RE: Pedicab License request for eTuk Stillwater Stillwater City Council and Planners Dear Stillwater City Council and Planners, Marilyn and I fell in love with this awesome city and valley 35 years ago on our first visit, and why we're still here. We are all so fortunate to be part of this area's natural beauty, history, coolness, and charm. It's easy to understand why it is such a desired destination for people, whether for business, to retire, start a family, or just visit for a great time. Below are some pictures that Michael Fox, Director of Sales and Marketing from eTuk Companies (www.etukusa.com) sent me. On May 18, 2015 eTuk USA announced the first street legal, electric tuk tuks in the United States, and now has them in 23 states. They are manufactured and assembled in Denver, CO and meet or exceed all applicable Federal Motor Vehicle Safety Standard (FMVSS) set forth by the US Department of Transportation (DOT). Each eTuk has a 17 Character VIN allowing it to be registered and plated at the state level. Tuk tuks are a widely used form of transportation around the world. Until recently a tuk tuk could not be found in the United States, let alone an electric one. These unique, three wheeled, high quality and versatile zero -emission vehicles are 100% electric and street legal; making them very effective, eco - friendly, super cool, and a ton of fun. They are great for city tours, passenger shuttles, courier service, and many other applications. Our plan is to start with one or two of these asap and operate yearly from April through October with energetic and charismatic drivers and offering short FREE mini rides/tours (with a donation to help with operating expenses and local charities) using roads downtown, especially along the river, and hopefully the riverwalk when it's not under water. We will also provide FREE downtown courier service and passenger shuttle (maybe citywide, depending on how they perform with the hills) to and from homes, apartments, businesses, hotels, marinas, restaurants, parking spots, bars, boats, churches, event centers, etc. eTuks define a good time. They have a captivating appeal that instantly turn heads in wonderment and produce a desire to want to hop on (riders/donors), and/or participate (advertisers/sponsors). Most riders will likely experience exuberance and a heightened sense of well-being that can turn a bad day into a good day, maybe even a great day. They seem to naturally enhance and uplift your love of life and make everything seem better, at least for the moment. Obviously, they will generate lots of excitement and publicity. Should we get satisfactory results from the city I plan on a proposal for Mn Governor Dayton to sign a proclamation that a day this summer be "eTuk Stillwater Day" and "Ride an eTuk for Good " with the first electric tuktuk shuttle service in the State, or maybe 2016 "Year of the eTuk "... It is crucial to get a couple of prime outdoor reserved parking spots to maximize visibility, hopefully with daytime charging ability, and indoor overnight parking spots, also with charging ability (public parking ramp next to Lowell Inn would be ideal). A few highlights for the "eTuk Stillwater Give Back Mission" - "Talk of the Town" very quickly. - An even more fun and vibrant city for all to enjoy. - Lots of publicity with a tremendous amount of goodwill and value for the advertisers. - The probability of tens of thousands of dollars going back into the community over time to help with other dynamic initiatives, thanks to the business model based on donations and the riders /advertisers/sponsors who help make it happen. - The creation of a fun and meaningful activity and an enhanced sense of empowerment and purpose to help others for the betterment of community and self. - A great feeling of being part of something cool and good. - The creation of thousands of smiles and positive vibes on a weekly basis resulting in priceless memories that can last a lifetime. In summary, we are committed to offering a FUN, safe, eco -friendly, inexpensive, respectful, meaningful, and memorable riding experience, and a reliable, professional courier service while collecting gifts from the heart to help sustain this endeavor, as together we share the benefits and help meet the needs of the community. We believe that the overall result will have an immediate and long term, significant positive impact on our residents, businesses, and tourists, helping Stillwater continue to be one of the best and most fun places to live and visit in the Midwest. Thank you for your time and consideration, we look forward to collaborating with you and other community leaders to boost the magical allure of Stillwater to a new level. Sincerely, James/Marilyn Cashman .. T Cd M -T~ 4q n F" N Water THE BIRTHPLACE OF MINNESOTA TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 11, 2016 RE: Lumberjack Days special event permit BACKGROUND The Locals have submitted a special event permit application for Lumberjack Days 2016. For the last several years The Locals have called their community event "Log Jam Days". But, the City finally re- acquired the rights to the name "Lumberjack Days". And, the City Council has licensed the use of the name to The Locals for their event. Lumberjack Days is scheduled to set up in Downtown Stillwater on Thursday, July 14. The actual event would be Friday the 15th through Sunday the 17th. Clean up would begin on the 17th and likely finish on Monday the 18th COMMENTS During this five day period all or portions of Municipal Lots 2, 4, 5, 9 and 10 will be reserved for the festival. As can be seen on the attached map, the lots would be used as follows: Municipal Lot Spaces Used Days in Use Standard fee 2 16 Fri, Sat, Sun 3 days 60, $9/day/space = $432 4 29 Thur, Fri, Sat, Sun, Mon (4 days @ $3/day/space) + (1 day @ $1.50/s ace) = $348+$43.50 = $391.50 5 7 Thur, Fri, Sat, Sun, Mon (4 days @ $3/space/day) + (1 day @ $1.50/s ace/da = $84+$10.5= $94.50 9 30 Thur, Fri, Sat, Sun, Mon (4 days @ $3/space/day) + (1 day @ $1.50/s ace/da =$360+$45 = $405 10 15 Thur, Fri, Sat, Sun (3 days @ $3/space/day) + (1 day @ $1.50/s ace/da = $135 + $22.50 = $157.50 The RFP that the City distributed to potential event producers several years ago offered Lots 2, 4, 5, 6, 7 and 9 as part of the event venue. The Locals have opted not to reserve Lots 6 and 7 (32 total paved spaces), so the 15 requested spaces in Lot 10 is offset. The normal charge for these parking lot spaces would be $1,480.50. Lumberjack Days Page 2 A major change is occurring in parking lot usage this year compared with past years. The City would prefer to see events moved as much as possible out of parking lots and into Lowell Park. Lumberjack Days is moving that was this year. Only the northerly 16 spaces in Lot 2 are being requested this year, rather than all 84 spaces as in years past. REQUEST Though the Council has committed the parking spaces to The Locals as a City contribution to the festival, the Parking Commission should still review the parking lot use proposal and make comments. bt Attachments: Lumberjack Days site plan 2016 Stillwater Log Jam July 15-16-17 d � e )y , Dnly) r 1=_ . r r ' • ®r'I! 1 ' (2) portajons (I reg, I ADA) • then moved to Pioneer Park. NOTE: Also (1) portajon at Teddy Bear Park during pro- gramming / activity, then moved to SJHS for Parade Legend Gate in / out, staffed Information Booth rl I 'I II ®� • - _ e' Water Pump Reserved Parking location for Lumber- Pontoon and Gondola rides 1 I security and jack Enter (ran by Gondola Romantica production = and Stillwater Boat Rental • :.� off Existing Dock 1 ® (10) reg. Portajohns 1 24 LUmberjack r„,ar (1) ADA, (1) Handwash Show and r trailer l Bleachers FerrisWheel Refreshments Log Jam Picture w Info Booth & ATM Q Q IAl_ (1) Reefer trailer 4, , �,-�!"-_��►' �h �� S (2) roll -off dumpsters by WM a Food Vendors mall Rides 1 Picnic / open area 11 • ® Stage (20x30), side -1A musician / production Yoga ® area 20x20 Merch. Tent I Ox 10 I �_ and Will Call i ••�.� ® + Info Booth Arch • Beer Garden Area: 16Ox60 area with ' •"f' - :• a 80x40 tent & outdoor seating area. Beer % A.- Trailer in back, 10 reg portajohns, I ADA, I _ i r Handwash. Double ped. Fence around en- _ T r'gr tire perimeter. 21+only. K of C Bingo in tent during day Fri & Sat. e5y- •, Iw • ti All Ages Activities r C :rw N • Refreshments Info Booth &ATM ` eA\ I• -- Command Center,Volunteer 1 , Check -In, and Medical Tent 1 Kids Play Areas. �`- Non -Food Vendors: (20) 1 Ox 10 spots A .• _ �•e -� (4) reg portajons, (1) ADA, (I) changing station, and (1) handwash t3z. Z � % Double Bicycle fencing•.'• ,� m 1 ° j;l Power ATM _ ' I r Fir hydrant 1 � e J I '1 ower Light T All Ages Activity; typically daytime. Medical Tent (minor medical) Road Closure (Class III) Road Barricade (vehicles) --�r r, -:7111 61 Public pay parking , Date Due Item Responsible Status January Contract Negotiations The Locals/City In Progress January Finalized Contract Signed The Locals/City In Progress January Finalized List of hard costs from the city to be included in Contract City of Stillwater Complete February Status Update to the City The Locals Complete February Permits applied for and paid for at the City The Locals Complete February Permits applied for and paid for with Washington County The Locals Complete February Initial Site Maps Drafted The Locals Complete February Parade Route Map Drafted The Locals Complete February Down Hill Derby Route Map Drafted The Locals Complete March Status Update to the City The Locals Complete March Parade Route Finalized The Locals/City Complete March 5k Race Route Drafted The Locals/City In Progress March Soap Box Derby Route Finalized The Locals/City Complete March Barricades Ordered The Locals In progress March Trash Plan and Contract due to the City The Locals In progress March DNR Permit applied for and paid for regarding Fishing Contest The Locals In progress March Meeting with the Parking Commission The Locals/City Scheduled April Send out mailer about public meeting for 5k/10k The Locals/City April Hold public meeting for 5k/10k The Locals/City April Status Update to the City The Locals April Discussion of total bill for police and fire hard costs to be determined The Locals/City April Port-o-Johns Ordered The Locals Complete April Schedule of Events discussed with City, City Council Members (privately) The Locals/City May Status Update to the City The Locals May Total final payment made to the City for hard costs The Locals May Certificate of Insurance due to the City The Locals Complete May Liquor insurance and alcohol compliance plan due to the City The Locals May Alcohol Compliance Training Scheduled with Police Chief The Locals/City May Music Line-Up discussed in Private with Mayor and Police Chief The Locals/City In progress May Music Line-Up determined and announced to the public The Locals June Status Update to the City The Locals June Total final payment made to the City for police and fire charges The Locals June Schedule of Events Announced to the Public The Locals June Mailers sent out for 5k, Parade and Down Hill Derby Routes The Locals June City Event Coordinator to provide list of all streets needed police "No Parking" Signs City of Stillwater July Status Update to the City The Locals July Final List of Vendors to the City and Washington County The Locals July Complete Production Schedule to the City The Locals July Utility Locate of Park(s) The Locals July Pre -Event Walkthrough The Locals/City July 13-14 Event Load -In The Locals/City July 15-17 Event The Locals/City July 18 -Monday Final Clean -Up and Walkthrough The Locals/City August Event Evaluation Meeting (And and refunds provided to The Locals) The Locals/City