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13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 ORDINANCE NO. 13-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City has produced a significant increase in the number of Newsracks installed in public rights-of-way; and WI-IEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WHEREAS, the City Commission finds that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, the City Commission finds that such regulations and procedures governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ~ction I. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of- Way", of the City of Delray Beach Land Development Regulations is hereby amended to read as follows: Section 6.3.3 Movable Fixtures Within the Right-of-Way: (A) Purpose and Scope: FAILED ON 2ND/FINAL R~ADING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 The purpose of the following is to promote the public health, safety, and welfare through the regulation of placement..type, appearance, servicing, and insuring of newsracks on public rights-of-way so as to: (1) Provide for pedestrian and driving safety, and convenience. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standine vehicles. (3) Provide for public and property, safety, during hurricane conditions. (4) Provide reasonable access for the use and maintenance of poles, posts. traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes. (5) Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed. (6) Maintain and protect the values of surrounding properties and prevent damage to grass right-of-way areas. (7) Reduce unnecessary, exposure of the public to personal injury, or property_ damage. (8) Treat all newspapers equally regardless of their size. content, circulation. or frequency of publication. (9) Maintain and preserve freedom of the press. (10) Cooperate to the maximum with newspaper distributors, ~) Definitions: For the purpose of this subsection the following defmitions shall apply un/ess the context clearly indicates or requires a different meaning. ~Advertising Circular." Any publication that contains only advertising and no news reports. : "Auxiliary Lane." A turn lane or on-street parking area. 2 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 "Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Equivalent newsrack.' Any newsrack which is of the same size. dimensions and style of the specified newsrack. "Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. 'Movable Fixture." Any newsrack, bench, or other non-attached fLxture. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its subdivisions, departments or authorized agents. 'Right-of-Way." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks. 'Roadway." That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. 'Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. (C) Certificate of Compliance Required: No person shall place, affix, erect, construct or maintain a newsrack without first providing a certificate of compliance for each newsrack in accordance with the provisions of this section. (D Reviewing and Enforcement authority: The authority_ responsible for reviewing the certificates of compliance and enforcing the terms of this section shall be the Code Enforcement Administrator or his/her designee. The Code Enforcement No. 13-96 3 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 .a. dministrator or his/her designee is responsible for fairly coordinating and administrating the physical placement of the newsracks. (2) Certifications: The applicant shall file with the Code Enforcement Administrator a written certificate of compliance which shall contain the following (a) The name. address and telephone number of the applicant, who is the owner and/or principal responsible for the newsrack(s). (b) The name. address and telephone number of a responsible person ~hom the City may notify or contact at any time concernine the a~r~licant's newsrack(s~. (c) The number of newsracks and the proposed location of each. (d) Names of newspapers or periodicals to be contained in each newsrack. (e) Type or brand of newsracks, including an illustration and description of the newsrack and mount if other than a box ty_ pc. or a newsrack manufactured with modifications to the door. window and cabinetry of the above-described newsracks to accommodate vertically-formatted ("Tabloid- type") newspaper display and distribution, as per section 6.3.3 CE). (t3 A certification that the newsrack is installed in conformance with the provisions of this ordinance in their entirety. (3) Verification of Certificate of Compliance: The Code Enforcement Administrator may verify_ that the newsrack is in compliance with the provisions of this section. 4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack location is incorrect, or the newsrack is not located, maintained, or installed in conformity, with the certification or this section, the certificate of compliance shall be deemed denied, and an order to correct the violationshall be issued pursuant to Section 6.3.3_0 B. No. 13-96 4 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 CD) General Placement of Newsracks: The publisher or distributor of any newspaper or written periodical distributed from any newsrack location within a city. right-of-way shall notify, the Code Enforcement Administrator or his/her designee, in writing, of the location or change of location of an.v such newsrack by filing the certificate of compliance no later than 14 days after the placement or relocation of the newsrack. (C ~ Standards for Newsrack Maintenance and lnstallat~0n: Any newsrack which in whole or in part rests upon in or over any public property or right-of-way shall comply with the following standards: (1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches in depth. (2) Newsracks shall be wide base. non-pedestal. K-JACK K J-960. KI-860. SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the newsrack may be a KI-950D or equivalent. Manufactured modifications to the door. window, and cabinetry, for the above described newsracks to accommodate vertically- formatted. "tabloid type" newspaper display and distribution are acceptable. Under "warranted demand." a Newspaper Publishing Company may show that it is necessary. to include, with ordinary, demand, a reasonable percentage factor to accommodate peak yearly distribution in the quantity of newspapers dispensed. If the demand is warranted, the City. shall not unreasonably withhold approval of such proposal by the Newspaper Publishing company in accordance with Section 6.3.3(A~. (3) Newsracks shall have gloss black bases, forest green sides and door. and forest green coin box. coated per standard specifications. (4) Newsracks shall carry_ no card holders or advertising except the name of the newspaper being dis_~nsed centered fifteen inches (15'~ from the top of the cabinet. with duplicate lettering on the front, sides and back of the cabinet, such lettering not exceeding BY0 and one-half inches (2 1/2'~ in height. The above fifteen inch (15'~ dimension may be adjusted on the door by the manufacturer to accommodate modifications for vertically-formatted. "tabloid-type" newsracks. ~ Coin operated newsracks shall be equipped with a coin remm mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin remm mechanism shall be maintained in good working order. L6) The controlling entity shall permanently affix to its newsracks a label which states a 24 hour operable telephone number of a working telephone service which the 5 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the distributor to give the notices provided for in this chapter. (~2) The controlling entity shall maintain each movable fixture in a neat and clean condition, and in good repair at all times. Each newsrack shall be maintained so that: (a) It is reasonably free of _m'affiti: {b) It is reasonably free of dirt and grease: (c) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereofi (_d) It is reasonably free of rust and corrosion in the visible metal areas thereon: (e) The clear plastic or glass parts thereon, if any. through which the publications are viewed are unbroken and reasonably free of cracks, dents. blemishes, and discolorations. (D The paper or cardboard parts or inserts thereof are reasonably free of tears, are not peeling, or tearing: and (g) The structural parts are not broken or unduly misshapen, (g~ The use of a bench for advertising purposes is strictly prohibited. (9) Any newsrack being installed, placed, or maintained on a public right-of-way. street or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack from being stolen or becoming a hazard in severe weather. At any timer the total weight of the newsrack and any weighting device shall not be less than one hundred twen _ty-five (125) pounds. (10) In the event of the issuance of a hurricane warning by any entity_ with juris~/iction to issue such a warning, the newsrack shall be removed. ~6B F) Prohibited Locations: (1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public right-of-way. The landscaped areas include, but are not limited to, those areas in which the following ground cover materials placed: No. 13-96 6 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (a) Decorative plants, or (b) Native plants maintained to match the surrounding flora, or (2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any public utility pole or structure. These areas are designated as follows: (a) Drainage structures: Movable fixtures shall not be physically attached, chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, chained, or bolted to a utility pole; (c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire hydrant (3) Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows: (a) Traffic signals. (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic sign or post used for the support of a traffic sign or signs. (4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. (5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. 7 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. (7) Clear Zones: Movable fixtures shall not be installed, placed or erected within clear zones as defined in this section. Clear zones are defined as follows: (a) The area measured within four feet of the face of a six inch high vertically faced curb. Where the four foot minimum is impractical, the minimum may be reduce to 2 1/2 feet. (b) In all other locations, the movable fixture shall be located no less than ten (10) feet away from the edge of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away · from the edge of the pavement as possible (8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this section, sight areas extend vertically from a point commencing 3 feet above the payment elevation, and encompass the triangular area of property located at a comer formed by the intersection of two or more public right-of-way, with two sides of the triangular area extending forty feet from their point of intersection along the edge of roadway, and the third side being a line connecting the ends of the other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed within the area shown in Figure 1. Figure 1 Typical Intersection (not to scale) (9) Other Areas: Movable fixture shall not be placed, installed, or erected in any of the areas defined in this section. No. 13-96 8 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically designated by the City Manager or any authorized representative. (1) The City Manager or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures. (2) The City shall prepare a map for each City facility illustrating the designated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. (3) Movable fixtures which are placed at City Facilities are subject to the same abandonment and enforcement provisions included in Sections 6.3.36g ~ and (G I~ Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. (10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike path or swale area in front of. to the rear of, or to the side of a single family residence within the City. gI*I Gl Insurance: Every_ publisher or distributor who places or maintains a newsrack on a public right-of-way shall provide to the Code Enforcement Administrator a current certificate of insurance on October 1st of each year. Reasonable evidence of equivalent self- insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s~ in the City's right-of-way, and an_v termination or lapse of such insurance shall be a violation of this Section. subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City,s Code of Ordinances and the Enforcement provisions of this Chapter. gl: It). Abandonment: (1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (-~ L~below for movable fixtures in violation of the provisions of this subchapter. 9 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (2) If the controlling entity is not identified on the moveable fixture, it will be considered abandoned and posted as such. .gG I) Enforcement: (1) Correction of Violation: Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used, or maintained in violation of Section 6.3.3, and order to correct the violation shall be issued to the controlling entity. (2) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certified mail return receipt reqUested to the controlling entity. (3) Failure to properly correct the violation within 15 days of the receipt of the order, shall result in the offending movable fixture being removed by the City. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be released upon a proper showing of ownership and payment of any and all' storage charges. In the event the movable fixture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder,- if any, then paid into the General Fund of the City. (4) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within 7 days from receipt of the order, the City may remove the movable fixture immediately. The City shall store the movable fixture for 30 days and if not claimed within that time, the entity may dispose of the movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid within 15 days of claim being made, the City may dispose of the movable fixture. (5) At least ten days prior to the public auction, the City Clerk shall publish a description of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the city and shall provide the controlling entity identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager or his designee is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. 10 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (6) In the event the controlling entity appeals the order to correct the offending condition, as provided for in Subsection 6.3.3 (G_J), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. ~ ~ Appeals: Any person or controlling entity aggrieved by any order, finding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. Se~ion 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other that the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. Section 4. That this ordinance shall become effective one hundred eighty (180) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the . day of ,1996. MAYOR ATTEST: First Reading. City Clerk Second Reading. newsrac2.ord 11 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 MEMORANDUM TO: MAYOR AND CITY OOMMISSIONERS FROM: CITY MANAGER ~l SUBJECT: AGENDA ITEM # /Od- REGULAR MEETING OF JULY 23, 1996 NEWSRACK ORDINANCE DATE: JULY 18, 1996 Ordinance No. 13-96 concerning the regulation of newsracks was presented to the City Commission on March 5, 1996, for first reading. It passed 4-0 and was scheduled for public hearing on March 19, 1996, with a workshop session to be held on March 12th. At the workshop, enough headway was made with the newspaper representatives that Commission agreed not to take final action at the March 19th hearing. The ordinance was ultimately continued to the date certain of July 23rd in hopes of developing an ordinance acceptable to all parties. ~ne City Attorney's office has developed an alternate ordinance which is outlined in Mr. Tolces' July 18th memorandum and recommended for your consideration. It is numbered as Ordinance No. 27-96. Frcm a procedural standpoint, if the Commission wishes to consider the alternate ordinance, Ordinance No. 13-96 should be voted down on second and final reading. Then, Ordinance No. 27-96 should be considered on first reading. If it is passed, a public hearing will be scheduled for August 6, 1996. Recommend consideration of Ordinance No. 27-96 on first reading. ref: agmemo8 Mayor Alperin stated that initially when the proposal came before the City, everything was to be either grown or made by local farmers. He asked for clarification about someone buying products and then making a secondary product. Mr. Brown stated that the County is promoting by-products of this County's produce. Paul Dorling, Principal Planner, stated that they did not want to allow flea markets but they did want to allow Farmers Markets with an emphasis on local agricultural produce. Mr. Ellingsworth commented that the definition of "Farmer's Market" should be better defined before the Commission votes on this item. Mayor Alperin stated that a more in-depth study needs to be completed regarding this conditional use and feels the definition is much to broad particularly with respect to "and related products" Mr. Egan asked for clarification about whether or not this is a CRA project or a Joint Venture project. Chris Brown, Executive Director of the CRA, stated this is a request from the Downtown Joint Venture, not the CRA. Mr. Randolph commented that he supports the Farmer's Market; however, expressed concern over whether or not this would water down the entire project so that there would be trouble getting vendors into this area. He feels a vendor is not going to waste time setting up only to be able to sell one or two items. Mr. Ellingsworth moved to deny Ordinance No. 28-96 on FIRST Reading and FIRST Public Hearing, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion to deny passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. (Continued ~earing) The City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX- TURES WITHIN THE RIGHT-OF-WAY,,, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF -13- 07/23/96 NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-96 is on file in the official Ordinance Book) Mr. Egan moved to deny Ordinance No. 13-96 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski -Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion to deny passed with a 5 to 0 vote. 10.B.1. ORDINANCE NO. 27-96: Consideration on FIRST READING of an ordinance amending the City Code by repealing Sec- tion 102.40, "Newsracks", and enacting a new Section 102.40, "Movable Fixtures Within The Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks; and repealing LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way". If passed, public hearing August 6, 1996. The City Manager presented Ordinance No. 27-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGU- LATIONS OF THE CITY OF DELRAY BEACH; REPEAL- ING SECTION 102.40, 'NEWSRACKS' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; ENACTING A NEW SECTION 102.40, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 27-96 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Gerald Defoe, President of PROD and representing Coun- try Manors, expressed concern over the conditions and the loca- tion of the newsracks. He asked if the City will be able to control the location of the newsracks and are the appearances -14- 07/23/96 going to be uniform? He urged the Commission to be aware of the restrictions placed on outdoor advertising should the City decide to chose this route. Jerry Budney, attorney with Miami Herald, stated he feels this has been compromise upon compromise. He requested that there be an amendment to the definition of "Modular News- rack" on page 3 of the Ordinance and that it be changed from six or eight newsracks to four to nine modular racks. Some newsracks hold nine modular racks because of the way they are structured with respect to the non-paid publications. Although they will be uniform color as set forth in the Ordinance, Mr. Budney suggested that the definition be changed to accommodate for the non-paid publications. Mr. Budney clarified that the modular racks are supposed to be placed on concrete pads which will be installed by the City, and the Miami Herald will pay for the racks and the like. For clarification, Mr. Budney stated that the newsracks are not being bolted down into the sidewalk but rather onto the concrete pad that is being placed down for the newsracks. Cathy Pelliqrino, representing the Sun-Sentinel, reit- erated Mr. Budney's comments and feels there was a lot of compro- mise with all parties involved. William Pincus, attorney for the Palm Beach Post, emphasized that he agrees with Mr. Budney's comments that there should be an amendment to the effective date of Section 120.40(D) (5) which requires the newspapers to place their modular newsracks on concrete pads constructed by the City. He suggested that additional language be added to Section 5, page 14 of the Ordinance to read: "That this ordinance shall become effective one hundred eighty (180) days after its passage on second and final reading except that the provisions of 120.40 (D) (5) requir- ing placement of modular newsracks on City constructed concrete pads shall not become effective until 14 days after the City notifies the vendors in writing that the concrete pads are in place." Mayor Alperin closed the public hearing. Mr. Egan complimented staff and the newspapers for finally coming to a compromise. Mr. Randolph asked for clarification on the modular newsracks going from 4-9 newsracks. Mr. Pincus clarified that the non-paid publications are smaller and therefore the box is actually made with nine slots. It is Mr. Pincus' understanding that modular for paid publications are made in either 4, 6, or 8 and the modular for non-paid publications are grouped in nine. Mayor Alperin thanked the newspapers and complimented them for coming to a compromise. -i5- 07/23/96 Mr. Randolph moved to approve Ordinance No. 27-96 on FIRST Reading with changes to the modular newsracks language to range from 4-9 newsracks; and modifications to Section 5 of the Ordinance as presented by the newspaper, seconded by Ms. Kise- lewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 25-96: An ordinance amending the Marina Delray SAD (Special Activities District) by modifying the sched- ule for completion of improvements. The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 25-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 31-95 BY REPEALING SECTION 4. IN ITS ENTIRETY AND ENACTING A NEW SECTION 4. TO MODIFY THE SCHEDULE FOR COMPLETION OF THE IMPROVEMENTS ASSOCIATED WITH THE REESTABLISH- MENT OF THE MARINA DELRAY SAD (SPECIAL ACTIV- ITIES DISTRICT), LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 25-96 is on file in the official Ordinance book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Plorida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's project file #96-173 and #95-106. On June 2, 1995 the City Commission granted rezoning and attendant site plan approval to reestablish the SAD (Special Activities District) for the Delray Marina subject to conditions -16- 07/23/96 [ITY OF OELAR¥ Writer's D~'cct ).,~c: (40"/) 243-"/0~0 pE, L~Y. S,EA~C H~ AII.Amrica City M~MORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City ^ttorne~ SUBJECT: Newsrack Ordinance Revisions As an update on the discussions with the newspaper publishers and distributors, myself, Lula Buffer, and Diane Dominguez met with several publishers and distributors on May 22, 1996. Some additional modifications to the current ordinance were suggested. Due to time constraints, and ongoing revisions, a final ordinance could not be prepared by the June 4, 1996 meeting. As all parties are meeting in good faith, it is my suggestion to continue the second reading of Ordinance 13-96 until July 23,1996. This will give the City Attorney's Office ample time to prepare another ordinance containing all of the provisions which the parties have discussed. If this meets with your approval, a motion should be made to continue second reading of Ordinance 13-96 until July 23,1996. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Lula Buffer, Director of Community Improvement Diane Dominguez, Director of Planning & Zoning Newspaper Publishers and Distributors respect to Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, that the truck traffic and intensi- ty of the facility will have a detrimental effect on adjacent properties, and that the use may hinder development and redevel- opment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin declared a five minute recess. At this point, the time being 8:45 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. The City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3. , "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY" , SECTION 6 . 3 . 3 . , "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. Mayor Alperin requested that this item be continued to the City Commission regular meeting scheduled for July 23, 1996, in view of ongoing discussions and negotiations with the newspa- per publishers. Mr. Ellingsworth moved to postpone Ordinance No. 13-96 to the meeting of July 23, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. -18- 6/04/96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ORDINANCE MODIFYING LDR SECTION 6.3.3 CONCERNING NEWSRACKS DATE: MAY 3, 1996 Ordinance No. I3-96 concerning the regulation of newsracks was initially presented to the Commission on March 5, 1996, for first reading. It passed 4-0 and was scheduled for public hearing on March 19, 1996, with the issue to be workshopped on March 12th. At the workshop, enough headway was made with the newspaper representatives that Commission agreed not to take final action at the March 19th hearing, but to continue the ordinance to the date certain of May 7th in hopes of developing an ordinance acceptable to all The City Attorney's office has continued to work with the newspapers and has developed an alternate ordinance which is outlined in Mr. Tolces' May 2nd memorandum and is recommended for your consideration. It is numbered as Ordinance No. 23-96. Frc~ a procedural standpoint, if the Cc~mission wishes to consider the alternate ordinance, Ordinance No. 13-96 should be voted down on second and final reading. Then, Ordinance NO. 23-96 should be considered on first read/ng. If it is passed, a public hearing will be scheduled for May 21, 1996. While Ordinance No. 23-96 incorporates some reasoD~ble compromises between the City and the newspapers, I believe it goes too far. O~e of the main reasons newspaper racks are so ugly is the multitude of sizes, types and colors of the various racks. Yet, Ordinance 23-96 has removed all re~ ~ements for some commonality in style and uniform colors. Furthermore, Ordinance 23-96 codifies in the City Code newsracks on the west side of Ocean Boulevard south of Linton Boulevard. We have received more citizen objections to this location than any other in the City, and we have documented accidents at this location caused by drivers trying to get to these newsracks. Rather than dignifying this location by writing it into the City Code, I believe we should continue trying to have all newsracks removed from this location. I recommend that the hearing on this ordinance be continued until May 21, with direction to the staff for further changes. ref: agmemo8 P tss o Mayor Alperin suggested making sure this agreement is clearly specified in the revised Development Order. Mr. Ellingsworth moved to approve Ordinance No. 10-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.A.1. RESOLUTION NO. 37-96: Consider a resolution modifying the Development Order for the Waterford Place/Delint DRI. The Acting City Manager presented Resolution No. 37-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, AS AMENDED AND SUPPLE- MENTED, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH, BY MODIFYING THE APPROVED USES, CONDITIONS OF APPROVAL, AND THE APPLICABLE SAD ORDINANCE AND APPROVED MASTER PLAN FOR THE WATERFORD PLACE DEVELOP- MENT OF REGIONAL IMPACT; PROVIDING AN EFFEC- TIVE DATE. (Copy of Resolution No. 37-96 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney stated that the resolution will be amended or clarified, if necessary, to include the language relating to the bonding of the traffic light. Mr. Randolph moved to approve Resolution No. 37-96, as amended if necessary, modifying the DRI/DO, based on the findings and recommendation of the Planning and Zoning Board, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes. Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. The Commission considered Items (10.B.1) and (10.B.2.) in reverse order. 10.B.1. ORDINANCE NO. 23-96: Consideration on FIRST READING of an ordinance amending LDR Section 6.3.3, "Movable Fixtures Within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. If passed, public hearing May 21, 1996. Prior to consideration of passage of this 5/07/96 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 23-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX- TURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 23-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Commission initially considered the regulation of newsracks at First Reading at its meeting of March 5, 1996 and directed that the issue be workshopped on March 12, 1996. Fol- lowing the workshop meeting, City staff met with the newspaper distributors and publishers and developed an alternate ordinance. Ordinance No. 23-96 incorporates compromises made between the City and the newspapers. The City Attorney reported a change in the new ordi- nance on Page 3, regarding the definition of "Downtown Area" She then read into the record several minor changes which had been made. Assistant City Attorney David Tolces stated that after the workshop, City staff met with the various distributors and publishers and discussed the area where only modular newsracks could be placed. Section E, page 5, addresses the color and style of newsracks that was in the prior ordinance. The new change reads: "Newsracks shall carry no advertising except for the name of the publication being distributed, and a cardholder kept in a neat and untorn condition describing the publication being distributed". Another change in the ordinance is a listing of locations where modular newsracks can be located. Mr. Tolces noted that the newsracks companies have agreed to maintain the modular newsracks and the City will install the concrete pad in locations named in the ordinance. He noted another change is the removal of the prohibition of placing newsracks on sodded grass; and, allowing the City to enter into a "Memorandum of Understand- ing" which limits the location of newsracks to four locations. -11- 5/07/96 Mayor Alperin asked about the provision of a Certifi- cate of Compliance? Mr. Tolces explained that rather than make it staff's responsibility to go out and check the locations, the distribu- tors will file for their own Certificate of Compliance which will be kept on record by staff. If a distributor has not filed a Certificate of Compliance, then they will not have complied with provisions of the ordinance and appropriate action will be taken. Mayor Alperin stated that he had several questions regarding language in the new ordinance. He asked the meaning of the term "card holder"? In response, Mr. Tolces explained that the term "card holder" is a way for the newspapers to publicize their publica- tions and that the holder is located below the window of the newsracks. Mr. Tolces pointed out that the language is addressed on Page 6 of the ordinance which gives specific language regard- ing how the newsracks will be maintained outside the downtown area. This will provide better guidelines for the distributors as to how they should be maintained. If the City needs to take some sort of enforcement action the guidelines will be clearly out- lined. Mayor Alperin suggested that it was important to limit the number of newsracks within a specified area. He asked if there was any alternative to the issue of the prohibition of newsracks on sodded grass? Mr. Tolces responded that the newspapers will have to address that issue since this was one of the items which they had requested to be deleted in return for the use of the modular newsracks in the downtown area. Mr. Randolph expressed concerned regarding the language "Reasonably Free", especially as it relates to the issue of graffiti. Mr. Egan was glad to see the modular units in the downtown area as he had been concerned of the lack of uniformity. He did not want to see different colors newsracks throughout the City. Mr. Egan pointed out that the area of South Ocean Boule- vard, south of Linton Boulevard, was a big problem as there have been a number of accidents at this intersection. Mr. Ellingsworth and Ms. Kiselewski agreed with com- ments voiced by Mr. Egan. Mayor Alperin summarized the Commission's concerns expressed this evening as follows: color, clustering, graffiti, -12- 5/07/96 sod and grass, and the intersection of South Ocean and Linton Boulevard. The public hearing was opened. Jerry Buclne¥, Attorney representing The Miami Herald Newspaper, stated that a lot of compromises have been made be- tween the publishers and City staff and felt there has been good progress. He explained that one reason why the newspapers were so concerned about the issue of colors is that each municipality requires certain color restrictions. This creates an unreason- able burden on the newspapers to meet these aesthetic concerns. In regard to the issue of graffiti, once it is noticed a newsrack is immediately replaced. The newspapers have given up a lot of locations in the downtown area which they had desired; however, they agreed to the modular newsracks. Mr. Budney emphasized that the publishers and staff have spent a lot of time reviewing these issues and urged the Commission to provide a chance to see if these compromises work. There being no one who wished to speak on this item, the public hearing was closed. Mayor Alperin stated that the Commission has not had all their concerns adequately addressed, and by further review, there is a possibility that these problems can be resolved. The City Attorney stated that her office will continue to work on a redraft of the ordinance to incorporate the addi- tional changes desired by the Commission and will return the ordinance for further consideration at a later date. Mr. Egan moved to deny Ordinance No. 23-96 on First Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Continued from 3/19/96) The Acting City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX- TI/RES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE -13- 5/07/96 PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. The public hearing was opened. Mr. Gerald DeFoe, President of the Progressive Citizens of Delray Beach (PROD) and also representing the Board of Direc- tors of Country Manors, expressed appreciation to the Commission for standing firm on several of the issues related to newsracks and not compromising too much. No one else from the audience wished to address the Commission. Mr. Egan moved to continue the public hearing on Ordi- nance No. 13-96 to the date certain of June 4, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. None. ll.B. From the Public. 11.B.1. Charles D. Owen, 258 N.E. 22nd Street, stated that he owns a 30' recreational vehicle which is parked behind his home. Mr. Owen was cognizant of the fact that there is a City ordinance which requires all recreational vehicles to be screened by a 6' high fence or equal to the height of the vehicle if it is less than six feet high. Since this vehicle is over 11' high, it is impossible to be totally screened by a 6' fence. Mr. Owen ex- plained that his neighbor does not object to the camper nor does his neighbor want a fence installed. Mr. Owen asked if the Commission could waive the requirement in this case. If neces- sary, he could present a petition from the residents on his street stating that they do not have any objections. It was noted by Mayor Alperin that the Commission could not take action on the request at this meeting. -14- 5/07/96 [lTV JIF I]ELRI:IV BEI:I[H CITY ATTORNEY'S OFFICE ~"~ "'"' ~ ""~"~'~' ~'~'~"' ~'"'~"' ~°"'~' ""' F..\C Si ,XliLI£ -;ti7, 2', $-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH ~am~ica City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attome~ SUBJECT: Newsrack Ordinance Based on the City Commission's direction at the March 12, 1996 workshop meeting, second reading of this ordinance should either be continued to a date certain or the Commission should vote on the ordinance in its current form. Please call if you have any questions. DNT/jk cc: David Harden, City Manager Alison Harry, City Clerk news02.dnt Mayor Lynch: "I think w~ are totally in favor of it, and I think you have to use that approach, that it is strictly because of our coastal, redevelo~m~ent-type city ... where Boynton, Lake Worth, West Palm Beach have the same problem and would be in the same predicament." Mr. Brown: "And you may elect to create the traffic impact fee ordinance just for the area east of 1-95, and leave the balance in the County. These are things that would have ko be looked at if you want us to begin exploring it." It was the unanimous consensus of the Commission to have the Parking Management Team look at the feasibility of putting together a local traffic impact fee ordinance. In further discussion, Mr. Armand Mouw, member of the Parking Management Team, suggested that the Commission might want to reconsider the role of the PMT as the concepts discussed grow and develop, with an eye toward granting the PMT greater authority to do things without the blessings of the Commission. The City Manager cautioned against spinning off the Parking Management Team into an autonomous group; the tremendous advantage a City has is that it can coordinate everything and focus efforts on common goals and objectives. In conclusion, Mayor Lynch suggested that the Parking Management Team return to the Commission in approximately four months for an update on the items discussed. (2) Discussion concerninq the ..proposed newsrack ordinance. Ms. Chris Simon, attorney representing the Palm Beach Post, reported that a large group of representatives from various newspapers had met to discuss'the concerns expressed by the City Oammission at the March 5th meeting. As a result, several proposals w~re developed for the Commission's consideration, as follows: (l) The elimination of specific locations which have been habitually identified as problem locations. They are: Homewood Boulevard and lOth Street, Barwick Road and Lake Ida P~ad, Pineapple Grove Way at the Post Office, and Denny's on Federal Highway. There are two other problem locations which the newspapers suggest be a~d~essed as part of phase two of this proposal. - 4 - 3/12/96 Workshop (2) In aaO~tion to specific locations, the group looked at what seems to be the City's goal in terms of redevelolanent of the downtown area. Recognizing this, the proposal is to use modular units which can accommodate six newspapers and could handle the daily newspapers. This would enable the City to have a uniform ~odel and colors in the downtown, as well as restrictions on lettering. For the publications that are d/stributed free of charge, Tom Trento is developing another type of modular unit ~hich can accommodate nine of these publications. This could l~robably be modified to accommodate more or less depending on the location. Hence, the group's proposal is for the use of modular newsracks within a designated perimeter area identified for the downtown. The group would also be amenable to using the modular unit at two other locations which have been viewed as ~=oblematic, those being Boston's restaurant on AiA and at the front of City Hall. Ms. Simon suggested a compromise where perhaps the newspapers could purchase the units and the City could pay for installation and assume maintenance. (3) The final part of the proposal had to do with the newsrack location on A1A, south of Linton Boulevard, which is on private property. Ms. Simon indicated the group would be willing to work with the private property owner in an effort to put the modular units at that location. Ms. Simon closed by stating she feels the proposal is consistent with the City's goals concerning newsracks. Within the downtown perimeter and the specific other locations, restrictions on the model, colors and lettering would be imposed. She asked that the newspapers be permitted to use their staD~awd racks, colors and lettering throughout the remainder of the city. Issues related to appearance and aesthetics as far as these racks go would be a~a~essed through stringent enforcement measures to be incorporated into the ordinance. Discussion followed. Mr. Ellingsworth commented he was very pleased with the modular units. He would favor the newspapers paying for them and their installation, and possibly have the City maintain. He did have concerns about the areas outside of downtown, and cited an example out on Germantown Road where there are seven boxes, one of which was completely knocked over, the grass is torn up, and four of the boxes don't appear to have been used in some time. Mr. Ellingsworth felt there should be a paved area for cars to pull off the road. - 5 - 3/12/96 Workshop Mr. Randolph felt the proposal was a good start and he, too, liked the modular units for downtown. He urged the further development of plans to address aesthetics and suggested that staff review the ideas presented this evening for possible incorporation /nrc the ord/nance. He felt that Code Enforcement would probably be the most logical entity to oversee newsrack maintenance and compliance. It was also suggested that the City provide trash receptacles at newsrack locations in an effort to help keep them clean. ~r. Alperin stated his preference would be that the City would not have to do any regulation because ideally there wouldn't be a need for it. However, he was pleased at the proposals presented this evening and felt that the newspapers w~re finally indicating a willingness to compromise and negotiate the issues. He felt the proposals for specific locations were great, but also commented there are other issues such as overabur~__snce of locations and details on appearance which still need to be _-~_~ressed. He would like to hear some proposals on how the sodded areas can be protected or if there are alternate locations which would be more acceptable and still meet public demand. Outside of the proposals for the downtown and specific locations, how can the newsracks be made more appealing without the controls on color and lettering. Dr. Alperin suggested to the newspapers that they come up with some ideas on how to aaaress these issues if they do not want the Cc~mission to do it. To this end, he stated he would be willing to postpone the vote on second reading of the ordinance for this purpose. Mayor Lynch asked about the screening used at Boca Del Mar? He feels this is an example of what is effective as well as attractive. Overall, he felt progress was being made. He concurred with the proposal for the use of modular units downtown and suggested the possibility of having a fee of $1.00 a box or something which the City could use for a maintenance program. As far as the areas outside of the downtown, the Mayor commented he would not have a problem with the newspapers using their own boxes provided they are attractively screened. As for locations, he felt that the newspapers know which are the most used locations and then work with the City to insure these locations remain, but are maintained. By consensus, the direction of the Commission was to have the City' s legal representative, in conjunction with other appropriate City staff, continue to meet with the newspaper representatives in an effort to work out an acceptable comprcm/se. Further, the ordinance as written will not be passed on second reading scheduled for March 19th. It will either be postponed or voted down, with the understanding that it will be resurrected if nothing constructive happens. - 6 - 3/12/96 Workshop PUBLIC NEARING will I~ I~1~ on ~, ~ N,W. I~ k~, ~(ray ~ F~, at ~ ti~ ~ ~di. ~ ~ ~ ~ ~ ~ ~ice ~ ~DINA~CE ~ THE ClT~ C~- ~I~ION OF THE CITY OF DELRAY ~CH, FLORIDA, ~EflDING AR- TICLE (.3, ~SE AND ~RK IN THE ~BLIC RIGHT 0F:~A~, SECTION I~, '~VA~LE F~XTURES ~E R~T OF-WAY~, ~ T~ ~g0 ~VELOPMENT REGULA- TIONS ~ THE CITY ~ OELRAY ~CH, TO PROVIDE FOR REGU- ~TI~S ~ THE P~CEMENT, AP- ~k~NCE, AND ~INTENANCE ~ NE~RACKS; PROVIDING A :gENE~L REPEALER C~USE, A ~VINGS C~E, AND AN EFFEC- TIgE DATE. CITY OF DELRAY BEACH CJ~ ~7~ these roadway improvements, then the City will have to pay. Upon question regarding the potential cost for this particular im- provement, Mr. Walker estimated that it would be approximately $100,000.00 to complete the roadway improvements to S.W. 10th Avenue which is two thirds completed. Discussion ensued. There was a consensus that should this project add increased traffic impact to the roadways, then the developer would pay the additional fees as needed. If there is additional cost to the City, then the developer would be responsible for the impact fees and Mr. Ciklin agreed. Dr. Alperin suggested that the developer consider contributing 5 acres of the parcel to the School Board for an Early Learning Center in exchange for keeping the same number of apartment units. This would be extremely beneficial to the City and would also make this property more valuable. Mr. Ellingsworth moved to adopt Ordinance No. 11-96 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to Mrs. Feldman's request regarding street lighting on Homewood Boulevard from Linton Boulevard north to Atlantic Avenue, the City Manager reported that staff is still checking on the situation and that there may be a need to in- crease the lumens of the lights. Regarding a prior inquiry relative to the condition of the center median islands on Lindell Boulevard, between Federal Highway and Tropic Palms, the City Manager stated that he did not see any evidence of people intentionally driving on the medians and felt that cars drive onto the median islands to avoid stand- ing water in the roadway. The City Manager recommended that additional curbing should not be installed until the streets are reworked and the drainage problem is resolved. 11.B. From the Public. There were no inquiries or comments from the public at the last meeting. 12. FIRST READINGS: 12.A. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-way", to provide for -13- 3/05/96 regulations on the placement, appearance and maintenance of newsracks. If passed, public hearing on March 19, 1996. The City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3 "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-96 is on file in the official Ordinance Book) Jerry Budne¥, Attorney representing The Miami Herald Newspaper, expressed concern of a provision in the ordinance that prohibits newsracks from being placed on sod and the provision that newsracks cannot be placed on the sidewalk unless there is clearance of 40 inches for pedestrians to pass. He pointed out that unless the sidewalk is 5 feet wide, there is no room for the newsracks display and that presents a problem. Mr. Budney made reference to other municipalities who have passed newsrack ordi- nances and suggested that the City consider installing a con- crete slab similar to those which were installed at Boca De Mar. Joe Kaznarata, representing the Tropic Palms Homeowners Association, felt that the City should not pay for the costs of concrete slabs, wood structures or the like. He also felt the newspapers should pay the costs to display their own products and the responsibility should not rest upon the taxpayers. Gary Strand, Palm Beach Post, stated that approximately nine months ago the Palm Beach Post initiated a rack replacement program in Delray. The replacement of galvanized racks will cost the publisher approximately $67,000.00 in this city alone. Mr. Strand noted that rack sales are extremely important, especially for senior citizens who live on fixed incomes. The newsracks also will allow individuals the opportunity to select other publications. If a newsrack is removed from a residential area the residents will drive to the nearest store in order to pur- chase a newspaper. Mr. Strand pointed out that the papers try to be good citizens and are not out to do business at the expense of a community. Chris Simon, Palm Beach Post, addressed several issues of the proposed ordinance. The issue of uniformity is a tremen- dous concern to all the newspapers. She noted that several cities in the County had started out with the intention of uni- -14- 3/05/96 formity; however, they dismissed this idea. Of particular con- cern for her newspaper is that all racks remain in top condition. The proposed uniformity requirement would require the Palm Beach Post to remove all the racks after already spending additional money above the $67,000.00 which was spent for the rack replace- ment program in order to be in compliance. Secondly, in the event of the issuance of a hurricane warning, the newsrack has to be removed. Ms. Simon explained that the newspapers have experi- enced every type of situation and have implemented procedures that are completely effective during severe storm conditions. In some cases, the racks have to be removed; however, it is not always necessary. Sometimes the newspapers use "earth anchors" which are metal stakes about 3 feet long with a loop which is driven into the ground and a rack is secured to that stake with a chain. However, in the event of a hurricane of a category 5 or 6 magnitude, the racks definitely have to be removed. Sometimes the racks are laid sideways on the ground and chained together and this was proven to be successful. The newspapers are not in the business of losing money on their newsracks and they want their racks to be preserved and in the very best of condition. Lastly, Ms. Simon objected to provision Item (10) regarding the placement of racks in single family residences as several commu- nities do not have sidewalks. Kathy Pellelrino, representing the Sun Sentinel, noted similar concerns as those voiced previously and acknowledged that the Sun Sentinel is very much aware that some newsracks need to be improved. The Sun Sentinel is concerned of color requirement and that their color (yellow) is very important in communicating to an individual that he can purchase this newspaper at a partic- ular location. In addition, the requirement for customized racks makes it more difficult for replacement. The provision which requires the name of the newspaper to be centered 15" from the top of the cabinet would place the newspaper's name within the plastic area of a majority of racks. Also, the newspaper is concerned regarding the hurricane provision as they also have had success in laying the cabinets on the ground and chaining them together. The Sun Sentinel has invested between $75,000.00 to $100,000 for 150 racks in the City and are concerned of potential losses. The rack placement provision is also a concern as it would greatly limit the number of racks within the City. Tom. Trento, President of the Bass Creek Homeowners Association and representing New Homes Publishing, Show and Tell Publications and Auto Trader stated that the newspapers wish to protect the aesthetics of the racks. His major concern was that of uniformity and concurred with comments expressed previously as these concerns were also unacceptable to the publications he represents. Mr. Trento urged the Commission to consider the publishers' First Amendment Rights. Dr. Alperin stated that he was amazed over the number of newsracks in the City and suggested that the amount be limited via permits, bonding, or limit per square mile. In regard to the -15- 3/05/96 provision of 40 inches cleared area on a sidewalk, Dr. Alperin emphasized that sidewalks are for pedestrian use and suggested that the provision be changed to 60 inches so that two people can walk side-by-side on the sidewalk. He preferred not to look at the different colors on the cabinets and felt that an individual who wished to purchase a newspaper only has to read the name to make his selection. Dr. Alperin felt that a timeframe of 180 days for the ordinance to become effective was too long and felt that 30 or 60 days would be more reasonable. He stated that he would be willing to consider a specific number of racks at certain locations in the City providing there is a permit fee to cover the City's costs for installation and maintenance. In conclu- sion, Dr. Alperin felt that the ordinance is extremely liberal but would be willing to approve the ordinance on First Reading. David Tolces, Assistant City Attorney, noted that the newspapers would need a sufficient amount of time in order to come into compliance. The ordinance which the City of Coral Gables adopted requires a fee and bond requirements which pro- vides monies to repair sidewalks after a newsrack has been re- moved. From an administrative viewpoint, Mr. Tolces felt this would only add to the cost. Mr. Ellingsworth agreed with the newspapers' concerns regarding the hurricane provision and the racks are not going to move once they have been secured (laid down and chained). He suggested that other methods be considered rather then removal. He preferred uniformity as they would look better aesthetically and that the City should rent the space out to pay for mainte- nance and installation costs Mr. Randolph suggested that newsracks located in grassy areas have sod damaged as a result of mid-size trucks filling up the racks. In regard to the hurricane provision, Mr. Randolph agreed other methods can be accomplished to secure the cabinets rather than removal. He realized that the newspapers have to make a profit; however, everyone has to be cognizant that one of the objectives of the ordinance is that of a nice appearance throughout the City. Mayor Lynch felt that the newspapers have been unfair. Since 1993, the City had tried to negotiate with the newspaper publishers; however, they were not receptive and had voiced their First Amendment Rights. He felt that the ordinance adopted by Boca Del Mar makes the most sense by having the racks closed in, either by lattice or shrubbery. He suggested that the newspapers should pay the initial costs, including an annual replacement fee. Mayor Lynch emphasized that the newspapers have sat on this for three years and now is the time to work out an accept- able solution. He suggested that the ordinance be passed at First Reading; discuss the issues at the Workshop Meeting on March 12, 1996; the necessary amendments can then be made to the -16- 3/05/96 ordinance. He stated that he would like to vote on the final passage. Dr. Alperin moved to approve Ordinance No. 13-96 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 14-96: An ordinance amending Chapter 100, "Nuisances", of the City Code by enacting a new Section 100.09, "Lands To Be Kept Free Of Palm Trees Infected With Lethal Yellowing". Recommend adoption as an emergency ordinance. The City Manager presented Ordinance No. 14-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SECTION 100.09, "LANDS TO BE KEPT FREE OF PALM TREES INFECTED WITH LETHAL YELLOWING"; TO PROVIDE FOR THE DECLARATION OF NUISANCE; AUTHORIZING INSPECTIONS AND REMOVAL OF INFECTED PALM TREES; NOTICE PROCEDURES; LIEN PROVISIONS, AND PENALTIES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 14-96 is on file in the official Ordinance Book) Mayor Lynch opened the floor for public comments. Joe Ka~arata, Tropic Palms Subdivision, inquired if it all diseased trees have to be removed whether they were located in the rear or front yards? He stated that he has lost several trees and there is a possibility that his neighbor's trees might be infected. Nancy Davila, City Horticulturist, responded that all diseased trees within the City have to be removed since the disease is highly contagious and is spread by insects which are plant leaf hoppers (Mendus Crudus). The trees have an 80% resis- tance and that the majority of existing trees were those which were planted to replace the diseased palms back in the late 1950's and early 1990's. In regard to the process, Ms. Davila pointed out that it takes approximately six months for a diseased tree to die; however, the insects continue to feed off the green leaves while the tree is going through this process. Upon question by Mr. Ellingsworth as to the type of trees which are susceptible to lethal yellowing, Ms. Davila stated that fortunately the Sable, Queen and Royal Palms are not -17- 3/05/96 [lTV Writer's Direct Line: (407) 243-7090 DELRAY BEACH ~ DATE: March 1, 1996 '~ TO: City Commission FROM: David N. Yolces, Assistant City Attorn~ SUBJECT: Ordinance Modifying Land ~0~' Development Re~lations Section 6.3.3. The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of the City's Land Development Regulations. The ordinance primarily addresses the issue of newsrack aesthetics. The ordinance in its current form would require all publishers or distributors to submit a "Certificate of Compliance" with respect to each newsrack placed within the City limits no later than two weeks after placement of the newsrack. After discussing the matter with the City staff, it was agreed that commission should decide what type of newsrack should be required in the City. The two newsrack companies are K-Jack and Sho-Rack. Pictures of the different types of newsracks considered are attached. The ordinance currently has both model lists in Section 6.3.3.(E)(2). It is the Commission's decision as to what brand and style of Newsrack will be most attractive within the City. City staff is also recommending that each newsrack's exterior have a "forest green" type color. The rectangular base will be black, and the Cabinet will be a "forest green" or similar dark green. City staff feel that this color will best blend with the surrounding landscape in most areas. Newsracks will no longer have cardboard advertising on the front of the newsrack, and the lettering will not be larger than 2 1/2 inches. (See Section 6.3.3.(E)(3) and (4)). Section 6.3.3.(E)(7) requires that all newsracks be maintained in a neat and clean condition. This requires the publisher or distributor to maintain a newsrack that is free of graffiti, dirt, rust, chips and paint, and corrosion. Failure to maintain the newsrack in good condition could result in an enforcement action. Under the proposed ordinance, the distributor or publisher will also have to provide the City with proof of insurance. In order to protect the public from newsracks which easily tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all time. The distributor will also be required, in the event of a hurricane warning, to remove the newsrack from the right-of-way. This will protect the public from flying debris in the event of a hurricane. ~ The above described changes will assist the City in correcting the aesthetic and safety problems associated with newsracks. Please call if you have any questions. DNT/jlk cc: David Harden, City Manger Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvemems Diane Dominguez, Planning Director Richard Bauer, Code Enforcement Administrator newsmem.dnt AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City has produced a significant increase in the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WHEREAS, the City Commission finds that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, the City Commission finds that such regulations and procedures governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ~. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of- Way", of the City of Delray Beach Land Development Regulations is hereby amended to read as follows: Section 6.3.3 Movable Fixtures Within the Right-of-Way: Purpose and Scope: The purpose of the following is to promote the public health, safety, and welfare through the re_mllation of placement, ty_pe, appearance, servicing, and insuring of newsracks on public rights-of-way so as to: (1) Provide for pedestrian and driving safety_ and convenience. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or ~tanding vehicles. Provide for public and property, safety, during hurricane conditions. (4) Provide reasonable access for the use and maintenance of poles, posts. traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes. ($) Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed. (6) Maintain and protect the values of surrounding properties and prevent clamage to grass right-of-way areas. (7) Reduce unnecessary, exposure of the public to personal injury, or property, damage. (8) Treat all newspapers equally regardless of their size. content, circulation. or frequency of publication. (9) Maintain and preserve freedom of the press. (10~ Cooperate to the maximum with newspaper distributors. (BI Definitions: For the purpose of this subsection the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Advertising Circular." Any publication that contains only advertising and no news reports. : "Auxiliary Lane." A turn lane or on-street parking area. 2 "Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Equivalent newsrack.' Any newsrack which is of the same size. dimensions and ~ty. le of the specified newsrack. "Intersecting $idestreet." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. "Movable Fixture." Any newsrack, bench, or other non-attached fixture. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its subdivisions, departments or authorized agents. "Right-of-Way." Ail that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. 'Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. (C) Certificate of Compliance Required: No person shall place, affix, erect, construct or maintain a newsrack without first providing a certificate of compliance for each newsrack in accordance with the provisions of this section. (1) lleviewing and Enforcement authority: The authority, responsible for reviewing the certificates of compliance and enforcing the terms of this section shall be the Code Enforcement Administrator or his/her designee. The Code Enforcement administrator or his/her designee is responsible for fairly coordinating and administrating the physical placement of the newsracks. (2) Certifications: The applicant shall file with the Code Enforcement Administrator a written certificate of compliance which shall contain the following information: (a) The name. address and telephone number of the applicant, who is the OWller and/or principal responsible for the newsrack(s~. .Co) The name. address and telephone number of a responsible person whom the City_ may notify, or contact at any time concerning the anr~licant's newsrack(s). The number of newsracks and the proposed location of each. (d) Names of newspapers or periodicals to be contained in each newsrack. (e) Type or brand of newsracks, including an illustration and description of the newsrack and mount if other than a box .type. or a newsrack manufactured with modifications to the door. window and cabinetry, of the aboye-dcscribed newsracks to accommodate vertically-formatted ("Tabloid- _type') newspaper display and distribution, as per section 6.3.3 (f) A certification that the newsrack is installed in conformance with the provisions of this ordinance in their entirety.. (3) Verification of Certificate of Compliance: The Code Enforcement Administrator may verify, that the newsrack is in compliance with the provisions of this section. 4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack location is incorrect, or the newsrack is not located, maintained, or installed in conformity, with the certification or this section, the certificate of compliance shall be deemed denied, and an order to correct the violationshall be issued pursuant to Section 6.3.3(-8 I). 4 (D) General Placement of Newsracks: The publisher or distributor of any newspaper or written periodical distributed from any newsrack location within a city. right-of-way shall notify, the Code Enforcement Administrator or his/her designee, in writing, of the location or change of location of any such newsrack by filing the certificate of comoliance no later than 14 days after the placement or relocation of the newsrack. (C ,E) Standards for Newsrack Maintenance and Installation: Any newsrack which in whole or in part rests upon in or over any public property or right-of-way shall comply with the following standards: (1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches in depth. (2) Newsracks shall be wide base. non-pedestal. K-IACK KJ-960. IO-860, SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the newsrack may be a KJ-950D or eo. uivalent. Manufactured modifications to the door. window, and cabinetry for the above described newsracks to accommodate vertieally- fo~a~ed. "tabloid .type" newspaper display and distribution are acceptable, Under "Warranted demand." a Newspaper Publishing Company may show that it is necessary. to include, with ordinary_ demand, a reasonable percentage factor to accommodate peak yearly distribution in the quanti_ty of newspapers dispensed. If the demand is warranted, the City. shall not unreasonably withhold approval of such proposal by the Newspaper Publishing company in accordance with Section 6.3.3(A). (3~ Newsracks shall have gloss black bases, forest green sides and door. and forest green coin box. coated per standard specifications. (4~ Newsracks shall carry, no card holders or advertising except the name of the newspaper being dispensed centered fifteen inches (15") from the top of the cabinet. with duplicate lettering on the front, sides and back of the cabinet, such lettering not exceeding two and one-half inches (2 1/2'~ in height. The above fifteen inch (15'~ dimension may be adjusted on the door by the manufacturer to accommodate modifications for vertically-formatted. "tabloid- .type' newsracks. (5) Coin operated newsracks shall be equipped with a coin remm mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin remm mechanism shall be maintained in good working order. (6) The controlling entity shall permanently affix to its newsracks a label which states a 24 hour operable telephone number of a working telephone service which the 5 customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the distributor to give the notices provided for in this chapter. (t~2) The controlling entity shall maintain each movable fixture in a neat and clean condition, and in good repair at all times. Each newsraek shall be maintained ~o that: (a) It is reasonably free of graffiti: Co) It is reasonably free of dirt and grease: (c) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof: (d) It is reasonably free of rust and corrosion in the visible metal areas thereon: (e) The clear plastic or glass parts thereon, if any. through which the publications are viewed are unbroken and reasonably free of cracks, dents. blemishes, and discolorations. (~ The paper or cardboard parts or inserts thereof are reasonably free of tears, are not peeling, or tearing: and (g) The structural parts are not broken or unduly misshapen. (g;~ The use of a bench for advertising purposes is strictly prohibited. L9_) Any newsrack being installed, placed, or maintained on a public fighVof-way, ~.treet or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack from being stolen or becoming a hazard in severe weather. At any time. the 1.0tal weight of the newsrack and any weighting device shall not be less than one hundred twer~-five (125) pounds. (10~ In the event of the issuance of a hurricane warning by any entity_ with jurisdiction to issue such a warning, the newsrack shall be removed. fl?, F) Prohibited Locations: (1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public fight-of-way. The landscaped areas include, but are not limited to, those areas in which the following ground cover materials placed: 6 (a) Decorative plants, or (b) Native plants maintained to match the surrounding flora, or (2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any public utility pole or structure. These areas are designated as follows: (a) Drainage structures: Movable fixtures shall not be physically attached, chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, chained, or bolted to a utility pole; (c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire hydrant (3) Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows: (a) Traffic signals. (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic sign or post used for the support of a traffic sign or signs. (4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. (5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. 7 (6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. (7) Clear Zones: Movable fixtures shall not be installed, placed or erected within clear ZOnes as defined in this section. Clear zones are defined as follows: (a) The area measured within four feet of the face of a six inch high vertically faced curb. Where the four foot minimum is impractical, the minimum may be reduce to 2 1/2 feet. (b) In all other locations, the movable fixture shall be located no less than ten (10) feet away from the edge of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away from the edge of the pavement as possible (8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this section, sight areas extend vertically from a point commencing 3 feet above the payment elevation, and encompass the triangular area of property located at a comer formed by the intersection of two or more public right-of-way, with two sides of the triangular area extending forty feet from their point of intersection along the edge of roadway, and the third side being a line connecting the ends of the other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed within the area shown in Figure 1. Figure 1 Typical Intersection (not to scale) (9) Other Areas: Movable fixture shall not be placed, installed, or erected in any of the areas defmed in this section. 8 (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically designated by the City Manager or any authorized representative. (1) The City Manager or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures. (2) The City shall prepare a map for each City facility illustrating the designated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. (3) Movable fixtures which are placed at City Facilities are subject to the same abandonment and enforcement provisions included in Sections 6.3.3~ t:D and (-G I) Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. (10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike path or swale area in fi'ont of. to the rear of. or to the side of a single family residence within the City. l~I G) Insurance: Every. publisher or distributor who places or maintains a newsrack on a public right-of-way shall provide to the Code Enforcement Administrator a current certificate of insurance on October 1st of each year. Reasonable evidence of equivalent self- insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) in the City's right-of-way, and any termination or lapse of such insurance shall be a violation of this Section. subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of this Chapter. ~ H) Abandonment: (1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (-G I)below for movable fixtures in violation of the provisions of this subchapter. 9 (2) If the controlling entity is not identified on the moveable fixture, it will be considered abandoned and posted as such. ¢G I) Enforcement: (1) Correction of Violation: Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used, or maintained in violation of Section 6.3.3, and order to correct the violation shall be issued to the controlling entity. (2) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certified mail return receipt reqUested to the controlling entity. (3) Failure to properly correct the violation within 15 days of the receipt of the order, shall result in the offending movable fixture being removed by the City. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be released upon a proper showing of ownership and payment of any and all. storage charges. In the event the movable fixture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder,, if any, then paid into the General Fund of the City. (4) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within 7 days from receipt of the order, the City may remove the movable fixture immediately. The City shall store the movable fixture for 30 days and if not claimed within that time, the entity may dispose of the movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid within 15 days of claim being made, the City may dispose of the movable fixture. (5) At least ten days prior to the public auction, the City Clerk shall publish a description of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the city and shall provide the controlling entity identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager or his designee is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. 10 (6) In the event the controlling entity appeals the order to correct the offending condition, as provided for in Subsection 6.3.3 (Co..l), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. ~ J) Appeals: Any person or controlling entity aggrieved by any order, f'mding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the heating the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the heating and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. ~. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other that the part declared to be invalid. ~. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. Section 4. That this ordinance shall become effective one hundred eighty (180) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of , 1996. MAYOR ATTEST: First Reading City Clerk Second Reading. ncwsrac2.ord 11 FEB:21-g6 WED 10'43 AM MHPC WPB BUREAU FAX NO, 4078483319 P. 2 .I Popular SHO.RACK® 80 Series SHO-RACK's most ia~puler newspaper rack! This hem~y- duty newspaper rock i. predict, dur~le and ~ cu~mer convenience w~h ~am uf ~ubl~ee, mli~e ~. U~ ~e depend~le TK~ECH '~r", ~K-ELE~RONIC MECH ~d K. MECH Cein M~h~n~. S~nle~ S~I h~m, ele~ shelf and ~men; b~ TK-Ele~'onic® 80 with Slik Semen Impression.. TK-80 Style wl~ optional 8ilk Semen Impres.lona, Special i~dlock Guard, Finn! Doer Lock and 2-piece Houeing. 02/21/96 WED 09:58 [TX/RX NO 64S5] FEB-21-96 WED 10'44 AM MHPC WPB BUREAU FAX NO. 4078483B19 P. 3 ~u BO Honor w~th optlona! Slik Screen Impre~elon., Quick Ch~ge Key~ Oiliylsun~ay ~ko~ ........... S .... 0 Hing~ 12~=uge ~m=~ Housing .................. $ S ~n= Grip Meterial ................................. 8 S El~or S~lf ..................................... .~0 V~d~ ~u~ D~r Plm~ic ..................... 11' · 17' ~Li~ Cardhoider ......................... Plmmti= P~er H=lder ............................... Front D~r L~ .................................. Impressions (Silk ~cr~ C~py) ...................... 0 .... 0 R~v~ ~.d~ (Z'~' x g') ....................... 0 0 Triple Quick Change Key~ L~ko~ Dally/Sunday~hird Day Pricing ..................................... O NA P~ ~d Slug R~J~r ............................ O N& Full Di=pi~y ~=r (w/Elewtor ~helf Only, .~0 Guerd ~ ~c, PIti; P~er Holder, ~holde~ ...................................... O ,, O .~ Vandal Gu~ ~r Plast;c ..................... O .. O Sheet M~I In~ ................................. Side ~n~ows (10~' x 13~') ....................... O ., O ~ ~nd~ (13~' x 16~') ...................... O .. O Ceiling ~k~s ~d ~r~s ....................... O ., O ~m~ L~k Bo~ (KW ~r&) ...................... O .. O H~or Rack ~c~dholder ~d~rd), Pole Mount or K-~ geH~ Avml~le ................................. O O Fm~ Dilpley ~hdaw .............................. ~-gO ~le w~h ~ion&l ~ ~e S~W~w ~pbl Wellht Height ................ M~' ~ TruGkl~ .... Silk Scan Impr~slonl, Wl~h ................. lg~' tm ~ln ~ckloK 1~'~ Ibc. Fm~ Door ~k ~d Fro~ to ~ck .......... 16~' TK~ (w/Elevl~r ahel~ C~adlan ~e ~dlock CMo F~r C~lc~ , ~uc~Md ......... 103~ lbs. w~l~ ine~... ~' S~=k I~ then t~ckloa~ 106~ I~a. w/R~ular shelf ,,, 26' ~a=k K~O (w/kinked ~ ~d K-~ S~es leM tha~ lruokload · ~3~ lbs. K~O {w/~mo~ housing end Sid~ ..... 15' wide ~' high ~k la' wide ~~' high ele~t~ ~hel~ Bel~ 1ull len~h d~r truGklold .......... 98~ lbs. 14' wMe z 4' h~h I~ t~n truckload . .... Bel~ rKo~ window 15' ~de x 14' high Frem ..... 14' wide x 10' high 02/21/96 WED 09:58 [TX/RX NO 6485] FEB-21-96 WED 10:48 AM MHPC WPB BUREAU FAX HO. 4078483319 P. 8 Quick Chloe K~ D~ily/Sundly Loc~o~ ..... ~ ........... ~nc 8~k H~r~lle ~ ~d Front Door ~k ............................ O ........... ~m ~r Im~mlo~ (~lk ~r~n Gopy) ................ O ........... ~. T~iple Quick Change ~d ~o~ O~iSundly~i~ O~y P~oing .............. O .......... ~ ~d 81uo ~eJ~or ...................... O .......... CURB-SIDE pl~ ~ur ~d S~tlon~ P~N;~ ................... O ........... ~p~r ~C~ W[~in e~ 81~led AdJ~ble Ped~ .................. 0 ........... m~h ~r m~orl~ H~mullc Uptight A~um~le door ~Jlnder hol~ door open ~r c~omsr, then HMehl ................ W/~le " 'j~z) ...... 41~-47~' Wl~j~le WI~ Front ~ B~k I~meMon Ama INO. RAOK SOO kdea Ir~lmFma 1'114oo K. IO0 Quick Change Keyed D~ly/Sunday Lockout ............. S ...... 0 ZInG Grip MmeflaJ ................................... .~ Vand~ Ou~ D~r Pl~tlo ....................... S ...... S 11, g 17· ~p ~dholder ........................... ~omd A~ichment lot R~ul~ L~k .................. S ...... S ' Cylind.r Lock M~h D~r ............................. ''-' · ~e ~ing 8trip.. S S F~ ~ ~ck .................................... 8 ...... 0 SHO CK' a~nlw ~,l H~.r. ............................. ' ...... 8 ~ imp~ib~ (Slik 8c~) ............................ 0 ...... 0 TtipM Quick C~nge KW ~kout 500 Series ..................... o ..... ~elO and 8lug R~ .............................. 0 .....NA ~th a pleuing cu~ deaign Amo~ A~h~m Mr GM Meter ~k ............... 0 0 · nda full ~dth handle on ~e .~ V~dal G,~ O~r Pl~c ....................... 0 ...... 0 p~per ~m~men~ ~e ~ 8hMt Me~ I~ .................................. 0 .....~ 0 T~lold TubuJ~ O~r ................................0 ...... 0 ~rie. ~em ~u 8 chol~ of TK ~ Wmdgriln .................................... 0 ...... 0 ~. ,,¥,. or K M~h~iims. ~r ~ ~Den~ ~d Features O-OenotN O~lonal FeiturM ~ payment ~nd. I~ ~e bM ~ me n~paper rock, ~ ~ ~Mtlw I~ W~M TK .,.'..~...:,..,: ~ · '~ Helg~ ............... ~¥11' ~ ................ .... ' W~ ................. 1~' ~ (wlM~ltor ~l~. 101 ~. ~ ~e- ...... ' ..:.. ~0 wlzh o~i, nil F~nt ~ ~k .......... 16~' ~ ~lelwi~r ~e~ & · ,, ~:.' ,.". D~I ~pll~Qn. Pi~r ~ ..... ~' ~ick ~blold d~r) ......... 103 I~L ~ ~". : ~ .'~'t.'.'.." ~MdM ~ ~ '" *"~ "'~ ~h ~td~e  ~ ~ ~ 13~ W~e X 1~' ~1 ~ ~ 1~' ~u~ ~n~ Sid~ ............. ~ c~ From d ~ ................... ~3' ~-~ of ~k .................. 13' w~ x 02/2~/~6 ~D 0S:58 [~/R~ NO 6485] ENGINEERING COMPANY, INC. J.860~. KJ-960TM "SUPER MATE~'' KJ'860TM KJ.960TM MAY BE SHOWN WITH ACCESSORY EQUIPMENT. ENGINEERING COMPANY, INC. :IALTY & FREE DISTRIBUTION NEWSRACKS KJ-840~ KJ-gSOD= OVER&UNDER DOUBLE-WIDE 29' INCHES 63' INCHES KJ-100MF~, FREE DISTRIBUTION PAGE CAPACITY UP TO 26' INCHES FREE DISTRIBUTION EXTENDED EXTRA LARGE CAPACITY KJ-400E~,, KJ-240F~,, PAGE CAPACITY / PAGE CAPACITY ~ ABOVE PICTURED VENDING MACHINE(S)MAY BE SHOWN WITH ACCESSORY EQUIPMENT.