HomeMy WebLinkAbout09-15-1999
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COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITY ROOM - CITY HALL
SEPTEMBER 15, 1999
8:30 I. Roll call and approval of August 18tb minutes
II. news rack walk with vendors and Engineering
III. Adjourn
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Jan 2000 - When business licenses go out attach info on deliveries
and work with Sara and Cheryl on sign code and encroachment
information for businesses.
Line Item in the amp for Wagner Park year 2000 - 750,000
Delivery vehicle ordinance - define delivery vehicles;
changing non-delivery time from 8:00 p.m. to 9:00 p.m.
Deal with exemption problems
Independence Bldg. - The air conditioners have been on the
building forever.
Pending Issues
Jeff Woods from the parks department will come to the CCLC
meeting after Labor Day to discuss the design for Wagner Park.
Two members from the committee will be appointed to a task force
for the design. No design has been implemented yet. Sketches are
floating around but in theory only.
DEPP funding for Phase II
Council has always wanted to wait until Phase I is completed.
There is no money available for Galena Street phase two. 6 to 14
million.
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ORDINANCE NO. ~ S
(Series of e?f1)
AN ORDINANCE MAKING IT UNLAWFUL TO PLACE, MAINTAIN OR OPERATE A
NEWSRACK IN THE PUBUC RIGHT-OF-WAY WITHOUT FIRST OBTAINING A
PERMIT AND REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT-
OF-WAY, BY AMENDING TITLE 21 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN, COLORADO, BY ADDING CHAPTER 34.
WHEREAS, a necessary predicate to freedom of speech and freedom of press is the
freedom to disseminate ideas, information and newspapers in public places; and,
WHEREAS, the distribution of newspapers through newsracks is protected under the
Bill of Rights of the Constitution of the State of Colorado and under the First Amendment to
the United States Constitution; and,
~EREAS, the protection of the right of the people to a free press is properly the
sUOject of municipal regulation; and,
WHEREAS, the freedom of newspaper publishers to decide where on public property
they wish to place newsracks is properly the subject of municipal regulation, provided the
regulation is content neutral, is tailored to serve significant municipal interests, and leave open
ample alternative channels of communication; and,
WHEREAS, there is a substantial governmental interest in promoting the aesthetic and
environmental quality of life in both residential and commercial areas of the City of Aspen;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety, welfare and convenience by ensuring that persons may reasonably use the public
streets, sidewalks, right-of-way, and other public property without interference with such use;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety and welfare by ensuring that newsracks placed in the public right-of-way do not create
hazardous conditions; and,
WHEREAS, newspaper vending within the public right-of-way and other public
roperty can be accomplished without unreasonably interfering with the normal and reasonable
use of these areas by the public; and,
WHEREAS, the public health, safety, welfare and convenience require that:
terference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of
iSight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage
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done to sidewalks be minimi7ed and repaired; the good appearance of the public streets and
grounds be maintained; trees and other landscaping be allowed to grow without disturbance;
access to emergency and other public facilities be maintained; ingress and egress from
properties adjoining the public right-of-way be protected; the uniquely historic nature of certain
structures within the City of Aspen be preserved; and, that the aesthetic beauty of the City of
Aspen be preserved and protected.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding
Chapter 34 to Title 21, which said Chapter shall read as follows:
CHAPTER 34
NEWSRACKS
21.34.010
Definitions.
For purposes of this Article, unless otherwise apparent from the context, certain words and
phrases used herein are defined as follows:
(a) "Distributor" shall mean the person responsible for placing and maintaining a newsrack
in a public right-of-way. .
(b) "Newsrack" means any self-service or coin-operated box, container, storage unit or
other dispenser installed, used, or maintained for displaying and dispensing, for free or
for sale, newspapers or other news periodicals.
(c) "Engineering Department" shall mean the Engineering Department of the City of
Aspen.
21.34.020
Pennit Reauired.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on
any public street, right-of-way or sidewalk, or in any other public way or city owned or
operated place or facility within the city limits of the City of Aspen, any newsrack without fust
obtaining a permit from the Engineering Department specifying the exact location of such
newsrack.
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21.34.030
Annlication for Permit.
Application for permit shall be made with the Engineering Department on prescribed forms
containing the information required by Sections 21.34.040 and 21.34.050, and shall state with
particularity the exact location of the newsrack. If a distributor applies for more than one
newsrack permit, the information required by Sections 21.34.040 and 21.34.050 may be
provided by incorporating by reference to a previously filed application form that contains the
required information. No fee or bond shall be required for the newsrack permit. Prior to the
issuance of a permit within the Commercial Core of the City, the City Engineer shall confer
with the Commercial Core and Lodging Commission.
21.34.040
Content of Annlication Form.
The newsrack permit application form shall state the name, address and telephone number of
those responsible for placing and maintaining the newsrack subject to the permit.
21.34.050
Insurance and Indemnification.
As part of a registration under this Article, the applicant, or his/her authorized representative
shall furnish to the City a certificate of insurance as proof that it has secured and paid for a
policy of public insurance covering all public risks related to the use, maintenance, operation
or location of a newsrack. The insurance shall be procured from a company authorized to do
business in the State of Colorado. The amount of this insurance, without co-insurance clauses,
shall not be less than the maximum liability that can be imposed upon the City of Aspen under
the laws of the State of Colorado found at C.R.S. Section 24-10-101 et seq., as amended. The
distributor shall provide and keep in force that policy of public liability insurance during such
time as it continues to locate any newsrack under the terms of this Article. The evidence of
insurance filed with the City shall include a statement by the insurance carrier that thirty (30)
days unconditional notice will be given to the City before any cancellation. If a distributor
presents credible evidence demonstrating an inability to comply in good faith with any of the
foregoing insurance requirement(s), the City Manager or his/her designee shall waive the
subject insurance requirement(s).
In addition, the applicant shall execute a written agreement to indemnify and hold harmless the
City, its officers and employees, from any loss, liability, damage, or cost sustained by any
person or property, to the extent any such loss, liability, damage or cost rises from the
. installation, operation, maintenance or lack thereof, or use of such newsrack; provided,
however, that such obligation to indemnify and hold harmless the City, its officers and
employees shall not extend to any loss, liability, damage or cost resulting from the acts, failure
to act, or property of a person other than the distributor.
21.34.060
Term of Pennit.
The permit issued pursuant to this Article shall remain in effect until the newsrack is
abandoned or impounded.
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21.34.070
Rel!istration Provisions SUDercede Encroachment Remlations.
The provisions of this Article shall supercede the provisions of Section 19-5 relating to
encroachments except to the extent specifically incorporated or referenced herein. The
provisions of this Article shall not supercede Article ill of this Chapter relating to excavations
in the public right-of-way.
21.34.080
Identification.
Every newsrack distributor shall permanently affix to each newsrack, in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth the current name, address
and telephone number of the distributor so that malfunctions may be reported; refunds secured
in the event of a malfunction of the coin return mechanism; or to give the notices provided for
in this Article.
21.34.090
Location and Placement of Newsrack.
No newsrack shall be installed, used, or maintained in any location upon public property
within the public right-of-way, or within a public easement adjacent to streets where such
installation, use, or maintenance endangers the safety of persons or property, or interferes with
public utility, public transportation, or other government use, or unreasonably interferes with
or impedes the flow of pedestrian, bicycle, wheelchair, or vehicular traffic, the ingress into or
egress from any residence, place of business, or any legally parked or stopped vehicle, or the
use of traffic signs or signals, or hydrants. Without limitation of the foregoing, the following
specific standards apply:
(a) No newsrack shall be used or maintained which projects onto, into, or over any part of
the roadway of any public street.
(b) No newsrack shall be chained, bolted, or otherwise attached or affIxed to any
municipally-owned fIxture, including, but not limited to, bicycle or ski racks, light
posts, traffic control devices, or decorative railings and posts located in the public
right-of-way. No newsrack shall be located so as to impede reasonable access to a
bicycle or ski rack located in the public right-of-way. Newsracks may be chained,
bolted or otherwise attached to other newsrackS or privately-owned fixtures so long as
such placement otherwise complies with this Chapter and provided that permission for
such connection has been obtained from the owner of the other newsracks or fIxture.
(c) Newsracks may be placed next to each other provided that no group of newsracks shall
~xtend for a distance of more than ten (10) feet along a curb, and a space of not less
than three (3) feet shall separate each group of newsracks. The Engineering
Department may waive the three-foot separation requirement. Whenever it shall
become necessary to create a three (3) foot space between newsracks to come into
compliance with this subsection, the ten (10) foot distance shall be measured from the
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newsrack that is most northerly of the group, and if all are equally northerly, then from
the newsrack that is most westerly.
(d) No newsrack shall be placed, installed, used or maintained:
1. Within three (3) feet of any marked crosswalk.
2. Within twelve (12) feet of any curb return.
3. Within five (5) feet of any fire hydrant, fue call box, police calJ box or other
emergency facility.
4. Within five (5) feet of any driveway.
5. At any location whereby the clear space for the passageway of pedestrians is
reduced to less than eight (8) feet unless such passageway is already restricted
by the placement of permanent utility pole or other similar permanent fIxture
and the attachment of the newsrack to that fIxture or placement of the newsrack
adjacent to that fIxture will not reduce the remaining clear space available for
pedestrian passage and the Engineering Department approves the proposed
placement.
6. Within eight (8) feet of or on any public area improved with flowers, shrubs,
trees or other landscaping.
7. Within the limits of a handicap ramp.
8. Within the limits of the following right-of-way:
(a) The Aspen pedestrian mall.
(b) The sidewalk adjoining any structure within the city limits that has been
designated as a Historic Landmark pursuant to Chapter 26.420 of the
Municipal Code of the City of Aspen; including, but not necessarily
limited to, the Wheeler Opera House, the Hotel Jerome, the Pitkin
County Court House, the Aspen Volunteer Fire Department, St. Mary's
Church, and City Hall with the exception of City Hall along Hopkins
Avenue.
21.34.100
Standards for Maintenance and Installation.
Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall
. comply with the following standards:
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(a) No individual single-unit newsrack shall exceed fifty (50) inches in height, measured
from street grade, thirty-two (32) inches in width, or two (2) feet in depth. The height
and width limitations may be waived by the Engineering Department for specific
locations where line-of-sight or other safety considerations are not a factor.
(b) The front panels of newsracks may be used to advertise the sale of the newspapers or
periodicals sold therein. Newsracks may not be used for any other type of advertising.
(c) Where applicable, each newsrack shall be equipped with a coin return mechanism to
permit a person using the machine to secure an immediate refund in the event he is
unable to receive the publication paid for. The coin return mechanism shall be
maintained in good working order.
(d) Each newsrack shall be maintained in a neat and clean condition and in good repair at
all times. Specifically, but without limiting the generality of the foregoing, each
newsrack shan be serviced and maintained so that:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
21.34.110
It is reasonably free of dirt and grease.
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible
painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas
thereon.
The clear plastic or glass parts thereof, if any, through which the publications
therein are viewed are unbroken and reasonably free of cracks, dents, blemishes
and discoloration.
The paper or cardboard parts or inserts thereof are reasonably free of tears,
peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
It is kept free of taped flyers.
Citv-owned and Installed Newsracks.
The City may from time to time, in its sole discretion, purchase and install individual single
unit or multi-unit newsracks or portions thereof to facilitate the installation of privately-owned
newsracks in the public right-of way or upon private property with the consent of the private
property owner. Distributors may use city-owned newsracks or portions thereof; provided,
however, that the distributor so utilizing a City-owned newsrack shall comply with an sections
of this Article to the same extent as if the newsrack was owned and installed by the distributor,
including, but not necessarily limited to, the permit provisions of Sections 21.34.030 through
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21.34.100, the indemnification provisions of Section 21.34.050, and the maintenance
provisions of Section 21.34.100. In no event shall a City-owned newsrack or portion thereof
be moved without the express written approval of the Engineering Department.
Whenever a City-owned newsrack, or portion thereof, becomes available either through
purchase, abandonment or otherwise, the Engineering Department shall cause to be placed in
the newsrack a clearly visible notice indicating that the newsrack shall become available for
use on a date certain and application for its use can be made with the Engineering Department.
If more than one distributor applies for the use of a particular City-owned newsrack, or portion
thereof, the Engineering Department shall choose a distributor by way of lottery.
21.34.120
Violations.
Upon determination by the Engineering Department that a newsrack has been installed, used or
maintained in violation of the provisions of this Article, the Engineering Department shall issue
an order directed to the offending distributor requiring the correction of the offending
condition within seven (7) days from the date of the order. Such order shall be telephoned to
the distributor and confumed by mailing a copy of the order to said distributor. The order
shall specifically describe the offending condition and shall specify the action necessary to
correct the condition. The failure of the distributor to correct the offending condition within
seven (7) days (excluding Saturdays, Sundays, and . legal holiday) after the mailing date of the
order shall result in the offending newsrack being removed and processed as lost and
confiscated property in accordance with Section 13-87 of this Code. If the offending newsrack
is not properly identified as to ownership under the provisions of Section 21.34.080 hereof, it
shall be removed immediately and processed as lost and confiscated property in according with
Section 13-87 of this Code. Within seven (7) days of said notice the distributor may request an
informal meeting with the Engineering Department with regard to a resolution of the order
referred to herein in which case the informal meeting shall be held within five (5) working
days from the date of said request and the appeal time referred to in Section 21.34.130 shall
commence and begin to run as of the date of the informal meeting.
Violations of any provision of this Article shall not constitute an offense subject to the general
penalty provisions of Section 1-8 of the Municipal Code.
21.34.130
Anneals.
Any person or entity aggrieved by a fmding, determination, notice or action taken under the
provisions of this Article may appeal and shall be appraised of his right to appeal to the City
Council. An appeal must be perfected within seven (7) days after receipt of notice of any
protested decision or action by ftJing with the Engineering Department a letter of appeal briefly
stating therein the basis for such appeal. A hearing shall be held on a date no more than thirty
(30) days after receipt of the letter of appeal. Appellant shall be given at least ten (10) days
notice of the time and place of the hearing. The City Council shall give the appellant, and any
other interested party, a reasonable opportunity to be heard, in order to show cause why the
determination of the Engineering Department should not be upheld. At such hearing the
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appellant shall have the right to examine the evidence upon which the Engineering Department
or designated agent acted, to cross examine any witnesses who may have appeared before him
and to offer any evidence which may tend to show that the subject newsrack does not violate
any provision of this Chapter. In all cases, the burden of proof shall be upon the appellant to
show that there was not evidence to support the action taken by the Engineering Department.
At the conclusion of the hearing, the City Council shall make a final and conclusive
determination.
The perfection of an appeal to the City Council shall stay the order for removal of any
newsrack until the City Council makes its final determination unless said newsrack presents a .
clear and present danger of imminent personal injury or property damage. Nothing contained
in this Chapter shall be interpreted to limit or impair the exercise by the City of its police
power, in the event of an emergency, to remove any newsrack.
21.34.140
Abandonment.
In the event a newsrack remains empty for a period of thirty (30) continuous days, or the
distributor appears to have abandoned the newsrack by virtue of dated materials not having
been replenished for a period of thirty (30) continuous days, the same shall be deemed
abandoned and may be treated in the manner as provided in Section 21.34.120 for newsrack in
violation of the provisions of this Chapter.
Section 2
All newsracks resting in whole or in part upon or on any portion of a public right-of-
way or which project onto, into or over any part of a public right-of-way, as of the effective
date of this ordinance, shall be brought into compliance with the terms of this ordinance
including, but not limited to, the permit provisions of Section 21.34.020 through 21.34.060,
the indemnification provision of Section 21.34.050, and the maintenance provision of Section
21.34.100 no later than thirty (30) days following adoption of this ordinance. Any newsrack
not found to be in compliance with the requirements of this ordinance as of such date shall be
subject to Section 21.34.120.
Section 3
The City Council hereby fmds, determines and declares that this ordinance is necessary
and proper to provide for the safety, preserve the health, promote the prosperity, preserve the
aesthetic beauty, improve the order, comfort and convenience of the City of Aspen and the
inhabitants thereof.
Section 4
Except as specifically amended hereby, the City of Aspen Municipal Code, and the
various secondary codes adopted by reference therein, shall continue in full force and effect.
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Section 5
This ordinance sha1l not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 6
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in court of competetu jurisdiction, such portion
shal1 be deemed a separate, distinct and independent provision and shall not affect the validity
of the remaining portions thereof.
A public hearing on the ordinance shall be held on the day of
1999, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDEREDPUBUSHED as provided by law by the
City Council of the City of Aspen on the day of , 1999.
~ Mayor
ATTEST:
Kathryn S. Koch, City Clerk
1999.
FINALLY adopted, passed and approved this
day of
"C, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
EMo06I02J99.\\OCOlJ\ZllONl\apaaDrlary\john\word\Iar\Ord_24-anoIrw:t.doe
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JUL-16-1999 17:02 FROM ST~RR INC
TO
9205197 P.02
FAaJDI.... TBAN.......ON
Box 11980
Aspen, Colorado 81611
(970) 925-6651 - phone
(970) 925-4732 - fa.x
TO: To CCLC Commissioners
FROM: John Starr
DATE: July 16, 1999
NO. PAGES: 2
SUBJECT: Newswrack ordinance
[Kathy: Unfortunately, I won't be able to make the July 21st CCLC
meeting.. which I see again includes the newsrack ordinance as an agenda item.
Could you please pass this memo on to my confreres?]
Dear Fellow Commissioners:
I'm not sure about you, but I found the public discussion of the proposed
newsrack ordinance at ou.r last meeting to be unsatisfactory. Although there
seemed to hp little clarity or closure at the meeting, the ordinance still appears to
be on a track to be considered by the Oty Council in the near future. As things
presently stand, I believe this is a mistake and I would propose that we pull the
newsrack issue off the table at this time.
A~ T rp.('<lll the genesi.s of our renewed desire to do something about
newsracks this year, we were primarily concerned about the general untidiness
and visual pollution of existing newsrack areas and about the proliferation of
shoppers and other "non-news" periodicals. Also, last yeilr GI~J\wood Springs
had instituted a newsrack ordinance which had caused little turmoil, and it
seemed sern:ible to re-visit the issue. Lastly, the DEPP phase one plans presented
an opportunity to try out a better solution.
Unfortunately, what we now find our.;elves wilh is a highly detailed
ordinance which involves CCLC illl1 the Engineering Dept. in talmudic tape
measure debates about locations, with moderate protection at best against the ills
with which we were concerned.
To try to undenitll/ld how we got here, I asked Kathy to get me a copy of
the Glenwood ordinance. Reading it against the current proposal from the Legal
Dept" I think we've taken a wrong turn.
JUL-16-1999 17:02 FROM 5TARR INC
TO
9205197 P.03
In Glenwood, the ordinance lists specific areas within their version of the
Commercial Core where newsracks would be permitted, specifies the modular
racks (by actual model number) which can ble us~d, 4ud pruvidt:s "silCely"
guidelines in a more generic, less detailed, way. All the other stuff (on removal,
insurance, anchorage, unauthorized racks, etc.) is also included.
Our proposed ordinance has taken a very different approach.
Bureaucracy is afoot; permib an r~'iLlin:di Ult: "shoppers" ace only nurr!;inaUy
dealt with; the Engineering Dept. now has to get involved; there's no general
limit on where racks can go; the criteria for placement are exceedingly detailed,
confusing and perhaps contradictory; no particular newsrack is specified; the
DEPP efforts have not been clea.rly thought out. Predictably, the local press are
up in arms. I can imagin~ lll~ It:sponse of the City Council when this moves up
onto their radar screens.
My proposal:
1. Tiike the newsrack ordinance off the City Council agenda.
2. Do a detailed physical walk-through with the Engineering Dept.
of ill existing Commercial Core newspaper rack locations, to see if what's in
place today would meet the stringent requirements of the proposed ordinance
lilld, if not, where would better locations be (if any).
3. Let DEPP go forward with the three Design Workshop
enclosures, which Sadler said would be sufficiently capacious to include the
incumbent users, requiring specified racks bolted to the ground.
4. Re-visit the ordinance issue next year, when we will have some
experience with the DEPP situation, Vail will have put its ordinance in place, and
we will be altogether better prepared to defend something we believe in.
5. If Utis all 5eeIIl5 too complicated, I would suggest we drop the
whole idea and move on to our next battle.
I....____~-
COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
SEPTEMBER 15. 1999
Chairperson Jon Busch called the meeting to order at 8:40 a.m. Members in
attendance were Bill Dinsmoor, Don Swales, John Starr and Eric Cohen.
Terry Butler was excused. Staff in attendance was Chief Deputy City Clerk,
Kathleen Strickland.
COMMISSIONER COMMENTS
The chair welcomed Eric Cohen our new board member.
Board members reported that the In and Out House still had tables and
chairs in the public right-of-way and so does Zona. This has been occurring
for several months. Staff reported that the Engineering enforcement office
Cheryl Christiansen called both businesses regarding the removal of the
furniture. Board members do not want a precedent set throughout town.
Staff was directed to have the Engineering Dept. address the code
violations. Violators encourage others to put furniture etc. out in the public
right-of-way.
Jon Busch suggested that the Board look at different areas throughout town
this winter where furniture could be allowed in the public right-of-way.
Possibly by petition street furniture could be allowed. Staff was directed to
contact the Engineering and Community Development Dept. regarding
zoning laws.
Jon updated the CCLC regarding the trolley board and possibly this would
be a good time to proceed with council in requesting funds for a study.
Several council members are in favor of the trolleys.
NEWSRACK WALK
Ron Degeus was present representing the distribution of the Sun, Valley
Journal, Roaring Fork Sunday, Glenwood post. Mark Drudge 945-8518
distributor could not attend.
Lou Nestler and Michael McVoy represented the Aspen Times.
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COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
SEPTEMBER 15. 1999
The Board site-visited existing newsrack placements to see ifthe proposed
ordinance complies with existing sites. It was determined that the ordinance
needs to be broader. Issues such as trees, landscaping etc. do not work with
the ordinance. Curb returns and where do they start on the curb came up
and need explained in the ordinance. Vegetation needs to be defined, is
vegetation grass? Landscaping was brought up as it relates to public or
private. Flexibility to change needs to be addressed. The height of the
double newsrack is 54 inches. The ordinance needs to be reviewed by
Engineering at site specific areas.
The board requested that staff provide a map for the next meeting
identifying the core area in order to map out the existing areas that have
newspaper boxes. Luke will assist staff in identifying what is at each site
on the map.
The Board directed that the Parks and Engineering Departments be present
at the next meeting to address line of sight etc. at the existing locations to
see whether or not the 54 inch double rack is appropriate. In some instances
it may not work.
The board felt that the ordinance should be broader and revised in order to
work for the newspapers and the Board.
The site visit adjourned at 11 :00 p.m.
Kathleen J. Strickland, Chief Deputy City Clerk
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