11-145-95 Special/Workshop
·
-
DELRA) BEACH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION tr.e.d
AII·America City
SPECIAL/WORKSHOP MEETING - NOVEMBER 14. 1995 - 6:00 P.M. 'IUt'
FIRST FLOOR CONFERENCE ROOM
------------------------------------------------------------------
------------------------------------------------------------------
The City will furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph 243-7127 (voice) , or 243-7199 (TDD) , 24 hours prior to
the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices available
for meetings in the Commission Chambers.
------------------------------------------------------------------
------------------------------------------------------------------
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal
is based. The City neither provides nor prepares such record.
SPECIAL MEETING AGENDA fJ1,e. /""Ii!i/)ol/JJ /leSE!/ r
(1 ) SALE OF CITY-OWNED PROPERTY TO FIFTEEN/THIRTEEN PARTNERS
(i(j.£ 0 LIMITED: Consider approval of the Contract for Sale and
C'of¡¡1 I d-' Purchase between the City and Fifteen/Thirteen Partners
.j{) I 1../-,0 Limited for property located at 239 N.E. 1st Avenue.
(2 ) CHRISTMAS TREE SECURITY: Consider providing the security
~ for the 100 foot Christmas Tree and the surrounding site at
\1Ct'2f ff Old School Square. fi&on 'Iìµ-~ 1IaJi;¡
S-ttt ~.
¿,¡--O
Alison MacGregor Harty
City Clerk
(b?~l
WORKSHOP AGENDA / - 3/Y Þ
!þL Iø 3'~ .
/J\ (1) Consider temporarily naming N.E. 1st Avenue (Atlantic Avenue
CJí\ llib 1. to N.E. 4th Street) "Jerusalem Avenue" in recognition of
3 ~ Jerusalem's trimillenium, marking 3000 years since King
¡q'" ~o . David established the city. Cö()Sé.IJ5U.S - V.w. I'SI WE..- '0 ¡íamf- 0/ City
\ ''\
[)fIAr~v ! ) J.iR// .--L 3 moS.
Discussion with Chamber of Commerce concerning a 40 -year
extension ~ the current lease which ends in 2020. 1J2€O IEJO&70Fi{) I~
(fQ , k; SE£!U,e~ Dlílè¡ - Coí7~5US #0 'iR. £K.'. - CA fo hff17Dt-f:.-
(3 ) Consider sharing overtime costs with the Chamber of Commerce
for staff services during the Delray Affair. Va UJffílc¡E- '/.-I¡ ¡'S '-JEt9-/' J
(4 ) Newsrack ordinance modifications. bur tAPrtlT It PcuCLf
CA Rw¡t¿¿u¿Ð Uf/¡fld HC77cn5 ~ Cuns'é/isø; - 9r¿.T /npuT ¡:::o!ê.mRII~ 6T -
(5 ) Commission Comments. <f-' AIKlf.- CIt ~ ß81i¡ D Rè.J::.- fb / ¡ (' I.f I / q 6 (J) (!I/O?
5m /rjh - C/;¡,/d ð?rêE ð4e . ý¡('OC£/l /.) . W jOlG -:JMlUIhe<.{
ߣM4/Jç'
ml'J4o,e - lì?7J1s .i3£ &9ar¡s - /J1kJ¿ úJou£hof
R~. ßecm IJEI.e/.k¡-
·
, -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM NO. SP1 - MEETING OF NOVEMBER 14. 1995
SALE OF CITY-OWNED PROPERTY TO FIFTEEN/THIRTEEN PARTNERS
LIMITED
DATE: NOVEMBER 14, 1995
The contract for this item has not yet been finalized. Since this
is a Public Hearing item which was continued to the date certain
of November 14, 1995, it appears on the agenda for formal
additional continuance to the date certain of November 21, 1995.
~Ã ~..Íð 11/¿¿1/95
aje 4-0
.
'-', ,./
U!\ IÌ
. .. . ¡(tv ,
v
[IT' DF DELIA' IEA[H
DElRAY BEACH
f lOR D "
tI.ftd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/2437000
AlI·America City
, III I! ~ (JIl
MEMORANDUM . tJ etPP
1993 ·rn~
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION WORKSHOP 11/14/95
HOLIDAY TREE NIGHTTIME SECURITY
DATE: November 10, 1995
ACTION
City Commission is requested to formally accept responsibility for the Holiday Tree, including
security, designate method of providing this security, and designate a funding source.
BACKGROUND
At the September 12, 1995, Workshop, City Commission agreed to accept the 100' Holiday Tree
from the Joint Venture and to be responsible for site and tree security this year.
Security needs have been reviewed with our Police Department, other staff, and Ma~orie Ferrer. It
was agreed that we felt day time security could be handled through volunteers, but that at night,
we should have on-site security. In addition, it was agreed that the regular Police patrol would
keep an eye on the site. Recommendations for night time security coverage are as follows:
Dates
Times
Total Hours
Due to early evening activity that will occur at the site, staff and Marjorie feel the hours could be
cut back.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 5PZ
- .
HOLIDAY TREE NIGHT TIME SECURITY
Page 2
Staff has reviewed three options to provide this security, these are:
1. Police Officers as an overtime detail.
2. Private security hired by the Joint Venture.
3. Part-time temporary Park Rangers hired by the City.
Cost estimates for each option are as follows:
1. Police De t. Overtime
2. Private Securit
My concern with option #3 is that we would also have additional administrative costs in terms of
scheduling and payroll administration costs.
RECOMMENDATION
After careful review of these options, it is staffs recommendation that a contribution of up to
$5,000 be made to the Joint Venture and have them contract for night time security with this
amount to be reduced if private donations can be raised for this purpose. Possible funding
sources include unappropriated fund balance.
RAB:kwg
File:u:graham/agenda
Doc.:TreeSec.OO1
.
.
ments for stabilization of the area. At the suggestion
of the City Manager staff will be going back to the
neighborhood for their recommendations as to the type
of Commercial usage they wish to have in their communi-
ty.
o Discussion with Joint Venture regarding the 100 foot
~ Christmas Tree.
Kevin Egan of the Joint Venture presented the Commis-
sion with a gift of a 100' Christmas Tree which will be
on display at Old School Square during this Holiday
Season. Pledges have been received to fund the con-
struction of the base, electric connections and volun-
teers to assemble the tree.
This year the City would be responsible for the securi-
ty only. In future years the City would assume respon-
sibility for the storage, assemblage and routine main-
tenance of the tree for an estimated yearly cost of
$25,000 - $50,000.
The City Manager expressed his concern with all of the
Special Events during the year and staff's participa-
tion is taking them away from their daily duties. The
Commission agreed that the City Manager should look
into either hiring an additional staff for the Public
Works Department or the possibility of using personnel
pool labor. Since hiring is the Manager's responsibil-
ity this matter was left to his discretion.
The consensus of the Commission was to accept the 100'
tree from the Joint Venture.
This item should come before the Commission at the
regular scheduled meeting of September 19, 1995 for
formal action.
4. Waste Management presentation.
Mr. Floyd Cherry from Waste Management make the follow-
ing proposals to the City for FY 95-96.
1. Remove CPI, all users would have rollout contain-
ers and service would remain the same. Savings
$100,000.
2. Remove CPI, citywide would be curbside rollout
containers for an additional savings of $75,000.
3. Remove CPI and service would be one, one, one,
which is one type of service; citywide curbside
rollout containers; one pick up per week for
~ -2-
.
.
!>E,L~': B~A!=t:!
Delray Beach Police Department ........
AlI·America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , , II r '
(407) 243-7888 Fax (407) 243-7816
®
RECF !\IF:Q993
NOV - 7 1995
MEMORANDUM
_,.~,,..,, n" ;,"1.
C\ïY M~~'" ., \..~I...
TO: Robert A. Barcinski, Assistant City Manager
FROM: Richard M. Lincoln, Major ~
Field Operations Bureau
DATE: November 6, 1995
SUBJECT: CHRISTMAS TREE DETAIL
Attached for your review are cost projections associated with the Police Department
providing security for the Christmas tree at Old School Square ftom November 13th
through January 3rd. As you can see, if compensation is calculated at a police officer's
overtime rate (that is sponsored by the City), the cost would be approximately $22,022.
If, however, the Chamber or Joint Ventures contracts individually with the police officers
(without compensation ftom the City) the detail rate of $17.00 per hour could apply,
thereby reducing the cost to $12,418.
Please feel ftee to contact me if further infonnation is necessary.
RML/ppt
Attachment
.
.
_ftf~tf SOUTH PALM BEACH COUNTY
\\\ 19 JEWISH FEDERATION
on the Richard and Carole Siemens Jewish Campus
9901 Donna Klein Boulevard, Boca Raton, Florida 33428-1788
Telephone: (407) 852-3100 · Fax: (407) 852,3150
1995-1996 Officers \ y"
Herbert G i melstob, President ' '
Richard Siemens, 1 st Vice President
Franklin Benamy, Vice President
Eric \,\" Deckinger, Vice President October 12, 1995
Dorothy lipson, Vice President
Oef1a Rosenberg, Vice President
Marvin A. Ki rsner, Secretary
Andrew Robins, Assistant Secretary
Jerome Altheimer, Treasurer
David G. Hast, Assistant Treasurer
Richard L Okanow, Immediate Past President Mayor Thomas Lynch
Allan B. Solomon, Past President 1()/~1/95
Executive Vice President 100 NW First A venue
Spencer Gellert
Associate Executive Vice President Delray Beach, FL 33444
Michael S. Rassler
Board of Directors
Marianne Bobick" Dear Mayor Lynch:
Rabbi Kenneth Brander
Leona B rauser
Joseph E. Breman
Seon Brenner On behalf of the South Palm Beach County Jewish Federation and the Consulate
Dr. Melvin R. Clayman
Baron Desniek
Howard DuBosar General of Israel In Miami, we respectfully request that the city of Delray
Karola F. Epstein
Leonard fpstien Beach,Florida participate in Jerusalem 3000.
Gerald Golden
Albert W Gortz
Warren Greenspoon
Alan Hurst Jerusalem 3000 signifies the celebration of Jerusalem's trimillenium, marking 3000
Thomas R Kaplan
Thomas O. Katz
Marjone Levy years since King David established the city. Many communities around the world are
Jerry Milgram
Ned R '<ash ban engaged In planning vanous events and activities to make Jerusalem 3000
Sigmund Nathan
Charlotte Okonow meaningful for the Jewish community, as well as the community-at-Iarge.
Allison Perelman
Larry Phillips
Barry Podolsky
Clarice Pressner
Seymour Rappa~rt The three monotheistic faiths; Judaism, Christianity and Islam hold Jerusalem sacred
Ronald Reshekky
Jim Robinson and the holy sites of all thre~ faiths make the city a world spiritual and religious
Gordon Salganik
Julius Sankin center. Jerusalem 3000 aims to present the universal signitìcance of the city and
Fran Sarshik
Barbara Schuman
Roy Schwedelson represent Jerusalem as a tolerant city in which all peoples enjoy freedom of worship
Mori Aaron Schweitzer
Cliff Seresky and creativity.
Phil Shandler
Bernard Shavitz
Rabbi Sam Silver
Shirley Solomon We look to the city of Delray Beach, Florida to consider naming a strèet after
Rabbi David Steinhardt
Harvey Tauman "Jerusalem." This is a meaningful way to acknowledge this global celebration anù
Jerry Weinberg
feder.t;orVU A C."",.iS" '96 ..1-,.... ..._;~... .....:: ..t-.....r..... "'t........"... ......r;"'........ .... ......... ""'t'" r. .....,. II ·f.
Dorothy Lipson·, i..11~ UliJ\.Y \...'j -.11\.......)'-' UIJ'-"\.. laiLJj,) ;lI 11:"'&1 ,,]~"t':1 ·_l")..!.Hrl....:11~y.
General Campaign Chair
Cynthia Hollander',
Women's Division Chair Additionally, as the Conference of Mayors adopted a resolution in Miami at the 63rd
Daniel H. !'Jathanson
Campaign Director Annual Conference this past June, we hope that you will issue a similar proclamation
Honorary Board Member
James 8, 8aer-· on behalf of the city of Delray Beach, Florida.
Marjorie Baer
Gary Bernstein
Baron Coleman
Lester M. Entin Enclosed please find copies of the Conference of Mayors' Proclamation, as well as
Shirley H. Gould
Abner Levine
Adolph Leyis one provided by the Consulate General of Israel in Miami.
James Nobil'"
Arnold Rosenthal
Samuel Rothstein
Eleanore Rukin I ¡ook forward to your favor;:¡b1e ¡(vd Id~
Berenice Schankerman
Saul Weinberger ~-:3~- .
Gladys Weinshank
Marvin Zale Sincerely, C i ~ (~ ~)
Betty Zinman
Division Presidents
Ralph M Solomon', Jewish
Community Foundation ) {~[ '< );
Ilene Wohlgemuth', Ruth Rales j-r. )J. n é;-t, - -\ ( f\ A J
Jewish Family Service
Dale Filhaber', Adolph & Rose
Levis Jewish Community Center
M. Norton Rosner-, Jewish Robin S. Levenston W5 I
Association for Residential Care
Richard D Levy', Donna Klein Director of Community Relations
Jewish Academy
. Bo,¡rd of Directors A copy of the official registration and financial information may be obtained hom the
"'Past P~sident endorsement. approval, or re<:ommendation by the state.
.
.
~ RFrC!\!ED
The GREATER
DELRAY BEACH
Chamber of Commerce OCT 2 6 1995
GITY Mt'''· --~,~ nq·.
. I,
October 25, 1995
To: Mayor Tom Lynch
City Commissioners Jay Alperin, Ken Ellingsworth,
Dave Randolph & Barbara Smith
City Manager Dave Harden
From: Bill Wood
Re: Chamber lease with City
You may recall that the åty entered into an agreement in 1967 to lease to the Chamber
the site were we are currently located. There were a couple of early amendments but it
worked out to be a 52 year lease which ends in the year 2020.
The Chamber has been doing some evaluation of its current facility, particularly as it
relates to current programs, future growth, the immediate need to do some repairs and
to modernize the faålity. Because this is åty land, your future plans for this site
become an important factor in our expansion. For this reason, we would like to request
a 40 year extension on the current lease and have requested time on your workshop
agenda.
We look forward to discussing this with you.
Sincerely,
þ~
William J. Wood
President
leasext
C~: s<¡ I£nd '10 t¡~
{!/! k ck¡;I ~ ~
W5 2./
DELRAY BEACH
Greater Delray Beach Chamber of Commerce, Inc. ~~'...~.
64 S.E. Fifth Avenue, Delray Beach, Florida 33483 Al-AnølcaCIty
407-278-0424 · Fax 407-278-0555 'IIIE
Chamber Accredited by United States Chamber of Commerce
.
01(
f1t1
t ' (, ., D , ., E " . .
. ~'"È t,;' " r " .! r '~.
Or : "
» . .
... . .
'..,~. ~. . , t " "!'c_ .
~".._. U- k .¡;~~ L~,:;'.
DElRAY BEACH
f I 0 . I 0 ...
~ ' :. I:.,....:.. . := E:. l.. r:, ~ '-,- :. ~ I :- ~ H
AII·America City
'1111.' MEMORANDUM
1 t t! ) TO: David T. Harden, City Manager
FROM: rl)) Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #<1 A CITY COMMISSION MEETING, NOVEMBER 7,1995
SPECIAL EVENT REQUEST· DELRAY AFFAIR
DATE: October 31, 1995
ACTION
City Commission is requested to endorse the Delray Affair to be held April 12-14, 1996, to grant a
temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way, to waive LDR's
Section 4,6.7 (D)(3)O)(ii) to allow signage to be placed more than one week prior to the event, to provide
staff support as outlined in the attached letter, and to split the overtime costs SO/50.
BACKGROUND
Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support
the request except for the following:
A. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning
the events proposed on park property,
B. Use of grounds at Old School Square needs to be approved by their Board of Directors. City does not
own property (lot) south of Sun Bank parking lot.
C. Grant approval of signs per code requirements, except banners, and deny use of hot-air balloons for
advertising. Balloons are not allowed per our code and would require an amendment to the sign
ordinance.
D. Estimated overtime total for this event is $17,000,
RECOMMENDATION
Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions.
RAB:kwg I~~
File:u:graham/agenda ~-ðU)~
Doc.:96Delray.Aff
II 9-
~
~
(i' ~ ~-aœ-~-r7 VlS!3
. ,
~ AS (JCT 06 199j
The GREATER
DELRAY BEACH
Chamber of Commerce
October 4.1995
Mayor and City Commission
City of Delroy Beach
100 NW 1st Avenue
Delray Beach. FL 33444
Dear Mayor and Commissioners:
.
The Delray Affair is scheduled for April 12. 13. 14. 1996 and we would like to
request your support once again.
We are very proud of the excellent reputation the event has eamed over the last
32 years and we attribute a part of the success' to the great relationship we have
with the City.
The event has a significant economic impact of more than' $20 million as
measured in our 1994 Economic Impact Study! We also are thrilled to share the
news of our latest award. "One of the 200 BEST Shows and Festivals in the United
States for 1995" bestowed by Sunshine Artist. America's premier show and festival
publication. It is our hope that this designation, along with ot~ers received in the
past. will assist us in our effort to continue to bring more tour groups and visitors
to Delray Beach during the Affair.
Please consider approval of the following Delray Affair items:
l. Endorsement by the City Commission;
2. Use of parking facilities at Worthing Park. Veterans Park. the City lot behind
Hand's. the lot south of Sun Bank's parking (adjacent to the railroad tracks),
Cason Cottage, and NE 1st Street for entertainment and display and
entertainment parking;
3. Use of all area within Worthing Park, Veteran's Park. and the exterior
grounds of Old School Square:
4. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and
closing Atlantic to traffic from Swinton Avenue to East 7th Aveque. Blocking
access to Atlantic from each side street in this area from alley to alley.
Suspension of parking time restrictions;
-continued-
PE.l1I::'- ': 8£AÇ,,!
Greater Delray Beach Chamber of Commerce, Inc. ~~~~~
64 S.E. Fifth Avenue, Delray Beach, Florida 33483 ~Cit'
"11':
407-278-0424 · Fax 407-278-0555
Chamber Accredited by United States Chamber of Commerce
. -.-' .--..-----.-
... . -, ~
. ...
.
. Delrav Affair - Pace 2
5. Provide City staff support with representation from Police. Fire. Streets.
Engineering, Fleet and Facility Maintenance. Communiiy Improvement. Park
& Recreation, and City Managers Office for planning and operation
services;
6. Allow this to be the only Commission approved event during the Delray
Affair time frame. Allow all vendor permits to be assigned by the Chamber
of Commerce only, with the exception of the Special Event Parking Lot
Concessions;
7. Permission to erect signs promoting the event from March 25th through April
14th. Permission to use one cold air advertising balloon within the event
area;
8. We request the Ciiy split the cost of Ciiy staff overtime services 50/50 with
the Chamber of Commerce.
We sincerely appreciate all of the efforts of the City employees and look forward
to a great Delray Affair in 1996. We hope each of you will be a part of the
festivities.
~..
W
William J. Wood
President
cc: Dave Harden, City Manager
, Bob Barcinski, Asst. City Manager
Joe Weldon. Director of Parks & Recreation
Scott Solomon. Superintendent of Streets & Traffic
-Regional Research Associated, 1994
. ,
. ~. ~Jer.-
.
.- pt:c,:'\'-
NO\! - 6 iY15
.. £ITY DF DELARY BEAtH
CIi)' ¡,...H'·'· ---.. . '¡~t ,\:t
CITY ATTORNEY'S OFFICE :!oo NW 151 AVENUE' DELRAY BEACH, FLORIDA 33444
FACS1:>.IlLE 40i/:!7S·4755
DELRA Y BEACH Writer's Direct Line: (407) 243-7090
, " 0 I , 0 "
tdJrd
AJl.America City MEMORANDUM
"II J!
DATE: November 2, 1995
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attom;Ø...
SUBJECT: Newsrack Ordinance Modifications
The United States Supreme Court recently refused to review the 11th Circuit Court of
Appeal's decision in the case of Gold Coast Publications. Inc. v. Corriian, 42 F.3d 1336
(11th Cir. 1994). The Gold Coast case related to the City of Coral Gables newsrack
ordinance. As a result of the Supreme Court's decision, the Commission may wish to
consider amending the current newsrack ordinance in order to include some of Coral
Gables' regulations which are not currently in the City's ordinance. This memorandum
will briefly discuss some provisions which the City could adopt.
1. Uniform Color, Lettering, and Newsrack Type.
Coral Gables' ordinance requires all newsracks to be painted two specific colors
(brown and beige), and the lettering on each side of the newsrack may not exceed
a specific size. The lettering is limited to one and three quarters inches (1 3/4")
in height. The Coral Gables' ordinance also requires a specific type of newsrack
or its "equivalent", which is no high than 39" above the finished grade.
The court upheld all of these newsrack regulations as valid time, place and
manner restrictions. The court found that the city's ordinance was narrowly
tailored to achieve the city's aesthetic objectives. While the newsracks are
uniform in color and size, the lettering and logo could be in color of the
newspaper's choice so long as the lettering was no larger than one and three-
quarters inches. As a result of the court's decision, the City may wish to adopt
similar standards.
~~~/jc.~/~
~/~~~
.kJ¿ WS If
® P",.,!ecl 0" Re::yc:e:J Paper
City Commission
November 2, 1995 .
Page 2
2. Certificates of Compliance.
The City of Coral Gables requires every person who installs a newsrack to obtain
a one-time only certificate of compliance for each newsrack. The applicant
provides the following information as part of the application process for a
certificate of compliance:
1. The name, address, and telephone number of the applicant and the
name of the owner of the newsracks.
2. The name, address, and phone number of a responsible person whom
the city may contact with respect to the newsracks.
3. The number of newsracks and the proposed locations.
4. Names of newsracks or periodicals to be placed in each newsrack.
5. A description of the type of newsrack, including an illustration if it is
a different type than the standard specified in the ordinance.
After receipt of the application, the appropriate city official(s) reviews the
application and if the application is in compliance with the ordinance, a certificate
of còmpliance will be issued. If the location specified in the application would
violate the ordinance, an alternative location may be suggested. A $50.00 fee is
paid with the initial application, plus $10.00 for each newsrack; however,
subsequent applications do not require the $50.00 fee. Along with the
application, the applicant must supply a certificate of insurance and a one-time
only returnable bond deposit. The amount of the returnable bond varies
depending upon how many newsracks are installed, from $150 for 4 newsracks to
$700 for more than 21.
3. Placement and Installation of N ewsracks.
While our current ordinance provides limitations on the placement of news racks
based on sight-distance and pedestrian access, the Coral Gables ordinance
contains many more restrictions on newsrack locations,. The restrictions prohibit
an individual from placing a newsrack:
1. Within five feet (5') of any marked crosswalk.
.
City Commission
November 2, 1995
. Page 3
2. Within ten feet (10') of any unmarked crosswalk.
3. Within ten feet (10') of any fIre hydrant, fIre call box, police call box
or other emergency facility.
4. Within fIve feet (5') of any driveway.
5. Within fIve feet (5') ahead of, and fIfteen feet (15') to the rear of any
signed marking a designated bus stop, measured along the edge of
pavement.
6. Within two feet (2') of any bus bench, or plaza bench.
7. At any location whereby the clear space for passageway of pedestrians
is reduced to less than six feet (6').
8. Where a vertically protruding member of the newsracks is on or
within twelve inches (12") of any area improved with lawn or hedges
or within three feet (3') of flowers or trees.
9. Within three feet (3') of any display window of any building abutting
the sidewalk or parkway or in such a manner as to impede or interfere
with the reasonable use of such window display purpose, or within
fIve feet (5') of a building entrance.
10. On or within two feet (2') of signs, parking meters, street lights or
utility poles.
The location restrictions were not part of the appeal, as the newspaper company did not
challenge the city's right to impose the location restrictions. If the above modifIcations
were adopted, the City would have to provide a certain amount of time to allow the
newspaper and periodical companies to come into compliance and for the City to prepare
the necessary applications to implement the program.
As far as limiting the number of newsrack locations, there has not been a court decision
which addresses that issue. If the City was to adopt restrictions on numbers of
newsracks and locations, it is very likely that the newspapers would litigate the matter.
Ultimately, the issue could go to the United States Supreme Court, which would result in
substantial legal costs to the City.
.
City Commission
November 2, 1995 .
Page 4
Due to the obvious difficulties which would result from placing locational or numerical
restrictions, we cannot recommend any revisions to address those issues. In light of
Coral Gables' success, however, it might be prudent to simply adopt portions of the
Coral Gables ordinance. The locational restrictions and color restrictions will go a long
way to improving the aesthetics of the newsrack locations.
Please call my office if you have any questions.
DNT:smk
cc: David T. Harden, City Manager
.