HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2008 - FIRST READING OF ORDINANCE NO. 031, 2008, AMENDING ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: March 4, 2008
FORT COLLINS CITY COUNCIL STAFF: Kelly DiMartino
Tracy Dyer
SUBJECT
First Reading of Ordinance No. 031, 2008, Amending Chapter 23, Article III of the City Code for
the Purpose of Adding a Division Regarding Encroachment Permits for Newsracks (Option 1 or
Option 2).
RECOMMENDATION
Staff recommends adoption of Ordinance No,031, 2008,Option 1,which regulates the placement
of newsracks in the public right-of-way and requires publications to be located in condominiums
within a designated downtown area.
Staff does not support adoption of Ordinance No. 031, 2008, Option 2, as developed by the
publishers' coalition.
FINANCIAL IMPACT
This Ordinance will have a limited financial impact on the City of Fort Collins. The Downtown
Development Authority has authorized $100,000, and the City of Fort Collins has designated
$25,000,for the purchase and installation of condominiums in the downtown area. These funds are
sufficient to purchase replacement parts and for limited expansion. Following this initial
investment, Ordinance No. 031, 2008, Option 1 will reduce the amount of staff time required to
maintain newsracks and sidewalks in the downtown area.
Funds have not been identified for the purchase and installation of the corrals that are recommended
in Ordinance No. 031, 2008, Option 2. This option would not change the maintenance burden
currently incurred by the Parks Department.
EXECUTIVE SUMMARY
The City's current permit system for encroachments into the public right-of-way does not adequately
address the unique circumstances and challenges related to the regulation of newsracks. In addition,
the downtown community is seeking City assistance in addressing problems with the maintenance
and proliferation of newsracks in the downtown area. At a work session on January 8, 2008, City
Council directed staff to bring forward two options for Council consideration. Option 1 has been
developed and is recommended by City staff,as well as the Downtown Development Authority and
the Downtown Business Association. Option 2 was developed and supported by a coalition of local
publishers.
March 4, 2008 -2- Item No. 25
While both options include similar requirements for the placement and maintenance of newsracks
outside the downtown area, there are significant differences in how the two options would affect
downtown. Option 1 requires publications to be housed in modular newsracks,commonly referred
to as news"condominums,"within a designated downtown area. Condominiums will be provided
in no less than 9 designated locations within that boundary. Option 2 maintains individual
newsracks with the option of placing them in news corrals and seeks to expand the number of
existing locations. Locations within the news corrals would be managed by the publishers. In the
event an agreement could not be reached,the decision would come back to the City Manager.
Despite good faith efforts amongst all parties, attempts to find a compromise solution have been
unsuccessful. Staff recommends that Council adopt Option 1 of Ordinance No, 031, 2008 as it
appropriately balances the constitutional issue of free speech, provides ample opportunity to
distribute publications both downtown and throughout the community, addresses the concerns of
Downtown business, and protects the interests of the entire community.
BACKGROUND
ISSUE
In May 2006,the Downtown Business Association(DBA)requested assistance from the City of Fort
Collins in addressing concerns about the appearance and frequent maintenance neglect of the
newsracks in downtown (Attachment 1). Newsracks include boxes which sell newspapers
(Coloradoan, Denver Post, Northern Colorado Business Report, etc.), as well as boxes which
distribute free publications (Thrifty Nickel, Scene, Homes and Land, etc.).
City staff periodically also receives complaints from residents and businesses outside the downtown
area about the growing number of newsracks that are appearing along sidewalks and in other public
rights-of-way.
The existing City Code does not specifically address issues unique to newsracks such as:
• Securing methods—the need to safely anchor the newsracks without tethering to trees,bike
racks or other stationary objects
• Safe offset distances — the need to maintain appropriate clearance for pedestrians and
motorists
• Reasonable spacing — the need to establish reasonable distance requirements between
identical publications
• Conditions of maintenance—the need for objective criteria to define appropriate levels of
maintenance (i.e., reasonably free of rust and corrosion, unbroken, free from trash and
graffiti, etc.)
Currently, the only regulations are that, like any encroachment, newsracks must not constitute a
nuisance or destroy or impair the use of the property by the public or constitute a traffic hazard.
March 4, 2008 -3- Item No. 25
Current Enforcement
Current City Code states that newsracks must receive an annual encroachment permit from the City.
However,the requirement for an annual permit has not been enforced. Publications have historically
been able to take out one permit for multiple locations that remains in effect in perpetuity. As a
result, many of the existing newsracks,both in and outside of the downtown area, are not properly
permitted or properly located.
To better manage the permitting process, Engineering and GIS have developed a new database that
will track information in a much more efficient manner. In January, 2008, Engineering staff
conducted a City-wide audit of newsracks and entered this information into the new database. As
of February 1, 2008, the number of newsracks in the City was as follows:
• Citywide, there are 437 newsracks representing 39 different publications in more than 80
locations.
• The core downtown area (between Mason and Remington, Magnolia and Jefferson,
including Walnut) currently has 175 racks in 16 different locations.
• The greater downtown area, including the area near the Library, Post Office, Safeway, etc.
has more than 200 individual boxes.
• Based on existing records, only 60% of existing newsracks are permitted
Due to limited resources, Engineering staff responds to complaints about violations of the existing
ordinance, but has not proactively enforced the permit system. On a temporary basis, staff will
devote additional resources to transition into a new permitting system. The new system will
significantly improve staff s ability to enforce the annual permitting process. However,no ongoing
resources are available to maintain a higher level of enforcement on an ongoing basis.
History
In 2000, the City worked on a news rack ordinance, but in the face of strong opposition from the
publishers,the issue was dropped. Later that year,Gannett offered to install condo-style newsracks
in the downtown area in exchange for control over other publications' placement in the racks. This
option was strongly opposed by other publishers and was also dropped.
Since that time, there has been a rapid and uncontrolled increase in the number of newsracks in
public rights-of-way in the downtown area. In 2001,there were 40 newsracks along College Avenue
between Olive and LaPorte. Today, there are nearly 200 newsracks in the downtown area. The
uncontrolled placement of these newsracks detracts from the appearance of the downtown area,
making them a liability for the business and retail community. This situation also makes it difficult
to clean sidewalks, and can be hazardous to the health, safety and welfare of downtown residents,
employees and customers.
The Process
City staff,the Downtown Business Association and the Downtown Development Authority invited
representatives from all publications to attend stakeholder meetings in March and August 2007. At
those meetings, we presented a proposal to place news condominiums in the downtown area, and
to limit the number of boxes that could be clustered together in all areas outside of downtown. At
March 4, 2008 -4- Item No. 25
the August meeting, there was general agreement from the publishers in attendance that changes
need to occur in Downtown Fort Collins. People were seeking further clarification on maintenance
of the condos and the system that would be used to designate spaces within the condominiums,but,
with one exception,people appeared willing to accept the condominiums in downtown. There was
strong opposition to having a limited number of boxes per cluster outside of the downtown area,and
as a result, that provision was removed from the ordinance being developed by staff.
The proposed ordinance was scheduled to come before Council on September 18, 2007. In early
September,Coloradoan publisher Christine Chin,with support from The Loveland Daily Reporter-
Herald and USA Today, requested that consideration of the proposed news rack ordinance be
postponed in order for them to develop an alternate proposal for news rack management. The City
Manager removed this item from the September 18 agenda and the publishers were granted
additional time. They developed a proposal which calls for publishers to place their newsracks in
"corrals" under a Voluntary Agreement.
The two options were discussed at a work session on January 8, 2008. At that time, City Council
directed staff to bring forward both the proposed ordinance and an ordinance based on the
publishers' voluntary agreement concept.
• City Proposed Ordinance
The proposed ordinance is designed to address both the uncontrolled placement and maintenance
of newsracks. It is based on similar ordinances in other communities, including Denver and
Boulder.
Following are the key components of the proposed ordinance:
1. Newspapers and publications will be allowed only in designated news condominiums in the
downtown area between Mason and Remington,Magnolia and Jefferson,including Walnut.
There will be no less than nine condominium locations within that boundary.
Condominiums may be placed on opposite corners at the intersections of Olive and College,
Oak and College,Mountain and College,and LaPorte/Pine and College,as well as one at the
intersection of Walnut and Linden. Exact locations will be identified following adoption of
the Ordinance.
2. The condominiums will be purchased by the Downtown Development Authority(DDA)and
the City of Fort Collins. The DDA has authorized $100,000 toward the purchase of the
condominiums, contingent upon a$25,000 contribution from the City.
3. Condominium units will have space to accommodate all existing publications,plus limited
room for expansion.
4. Maintenance for the exterior of the condominiums will be covered by the City of Fort
Collins as part of the existing contract with Parks Maintenance. Publishers will be
responsible for maintaining the interior of their space, as well as covering costs for labeling
of the publication spaces and securing pay mechanisms (as needed).
March 4, 2008 -5- Item No. 25
5. Based on feedback from the publishers, spaces in the condominiums will be designated
through a lottery system. If space is available, a publication may have more than one spot
at an intersection. Once additional applications are submitted,a publication with more than
one spot will be required to release such spot.
6. Fees for permits will be $10 per spot in the condominium per year. The fee has been kept
at a minimal cost so as to not create an undue hardship on the publishers or discourage
distribution in multiple locations.
The Ordinance also makes changes to improve the maintenance and regulation of newsracks outside
the downtown area. These changes are in the areas of permitting and placement of newsracks.
Currently, publications take out one permit for an unlimited number of locations, and although
existing Code states that the permits should be renewed annually, this has not been past practice.
Instead, permits have remained in place since the initial purchase, unless revoked due to
maintenance, safety or some other hazard. The new system will require publications to obtain a
permit for each location and renew it annually. Fees for permits will be $10 per location per year.
This applies to all locations, not just the downtown condominiums. This is consistent with other
encroachment permits,in which permits are required to be taken out per location,not per applicant.
The $10 per location fee does not cover the cost of staff time to process the permit, visit the
requested location, or other administrative costs,but it will provide a more consistent fee structure
to that of other encroachment permits. In addition, an annual permit process will provide better
information so that the Engineering Department can respond more appropriately when complaints
are issued.
The proposed ordinance includes several regulations and safety criteria specific to the placement,
appearance and maintenance of newsracks outside the downtown area. For example, newsracks
cannot be placed:
• within two feet of the edge of a roadway,
• within three feet of any marked pedestrian crosswalk, traffic control cabinet or bicycle
parking rack.
• within five feet of any fire hydrant or any emergency facility,
• on any portion of a pedestrian access ramp for disabled persons.
The proposed ordinance also requires that newsracks be secured either by weight or other approved
securing mechanisms.
• Publishers' Proposed Ordinance
Publishers who distribute their publications through newsracks in downtown Fort Collins have
jointly developed an ordinance that incorporates several of the placement and maintenance
regulations as they apply city-wide, and preserves the ability to place individual newsracks in a
greater number of downtown locations. The details of this ordinance are outlined in 5 through 7,
which have been provided by the publishers.
The City Attorney's Office has worked closely with the publishers' legal counsel to ensure that
Option 2 is legally acceptable from the City's perspective and is consistent with other applicable
March 4, 2008 -6- Item No. 25
laws and regulations. Due to the timeline for the agenda process,there are a few changes in Option
2 that are still under review by the publishers at the time of this printing. Most notable is the
reference to the "sight triangle," which was recently included in both options to comply with the
Larimer County Urban Area Street Standards. All changes not yet approved by the publishers are
redlined in the Option 2 provided by the City Attorneys Office. The most recent version of Option
2 as approved by the publishers is included as Attachment 7.
The following summary of Option 2 was provided by the publishers group:
• Preserves the principle that readers,not the government,will decide where newsracks should
be located in Fort Collins.
• Avoids the likelihood that newsracks will be banned entirely from Old Town by virtue of
the lack of any newsrack condos in place at the time the ordinance goes into effect.
• Avoids the significantly higher cost of newsrack 'condos" versus newsrack 'corrals."
• Avoids the significant reduction in the number of locations for newsracks in the Old Town
area created by the City Staffs condos ordinance.
• Allows publishers to continue to use individually branded,identifiable newsracks in the Old
Town area.
• Establishes a procedure by which the City may use newsrack corrals in the Old Town area,
if and when funding becomes available, to better organize and present the newsracks at a
particular location.
• Protects the City and the public by maintaining neutral, workable standards for newsrack
locations, both within Old Town and throughout the city.
• Eliminates the unnecessary city-wide provision in the City Staffs condos proposal requiring
that newsracks may not be used to promote anything other than the publication in the
newsrack.
• Ensures that newsrack owners are responsible for the maintenance of their newsracks, as
opposed to overworked Parks and Recreation staff.
Conclusion
The problem which needs to be addressed in the downtown area relates to both the maintenance and
the proliferation of individual newsracks. Ordinance No. 031, 2008, Option 1, addresses both and
funding is in place to support this option.
City staff,the Downtown Business Association and the Downtown Development Authority,strongly
support the original proposed ordinance. A resolution from the DBA and a survey of DBA members
are attached.
ATTACHMENTS
1. Letter from Downtown Business Association with photos of existing news rack conditions
2. List of publications and current number of newsracks
3. Photo examples of existing conditions; conceptual condominiums; sample condominiums
and corrals.
4. Work Session Summary from January 8, 2008
5. Letter from publishers to City Council.
6. Comparative analysis submitted by publishers
March 4, 2008 -7- Item No. 25
7. Ordinance No. 031, 2008, Option 2, Publishers' submittal.
8. Letter from the DDA to City Council.
9. DDA Board minutes - December 13, 2007
10. Resolution in support of Option 1 from the DBA with DBA membership survey
11. Letter from the Fort Collins Convention and Visitors' Bureau supporting Option 1.
Attachment 1: Letter from DBA,with photos, requesting assistance
Page 1 of 9
RECEIVED j
n r� Ciry Mana
May 26, 2006 gar,S Officr
Darin Atteberry, City Manager
City of Fort Collins guSINESS ASSOCIgrrON
PO Box 580
Fort Collins,CO 80522-0580
RE: Downtown News Racks
Darin:
The Downtown Business Association respectfully requests the City's assistance in addressing concerns
about the appearance, frequent maintenance neglect and growing number of news racks in the downtown.
With increasing competition from outlying commercial areas,the downtown area cannot afford to lose a
competitive edge by allowing its aesthetic appearance to be diminished.
This is a growing concern for the DBA as the number of news racks increase in the area. At last count,
we identified at least 160 news racks located between Magnolia and LaPorte Ave. Photographs of the
condition of some of these news racks are included with this letter. Graffiti,trash,and general neglect by
the owners of these news racks is impacting the visual appearance of the downtown.
We understand that an attempt was made several years ago to address this matter,but concerns about
violations of free-speech rights ultimately forced the discussion to be set aside by the City. We have
evaluated the situation and have found other communities nationwide and in Colorado including Boulder,
Denver,and Steamboat Springs, for example,which have successfully implemented aesthetic controls
• over news racks by employing solutions such as multi-unit communal racks,corrals that screen existing
racks,or a combination thereof.
We be!ieve there is an opportunity to find middle ground that balances free speech rights and aesthetic
appearance, and we would like to work with local publishers and the City to find a solution that is
beneficial and acceptable to all. We believe that local publishers should share the same concern as our
member businesses because their success and our member business' success are not mutually exclusive.
We both need people circulating through the downtown area as frequently as possible, and anything*that
detracts from the consumer's positive perception of the area or deters them from visiting affects the
bottom-line of the ledger for all of us.
In discussions on this subject with the Downtown Development Authority,Chip Steiner indicated his
support for taking a funding request to the DDA Board of Directors for costs associated with solving this
aesthetic concern. The foundation of a partnership is emerging, and we encourage you to engage the City
and join us in efforts to address this issue. The Downtown Business Association offers to serve as the
facilitator between all affected parties in this discussion,and without the City's participation we recognize
that the most effective solutions are not likely to be realized.
Thanks for your time and consideration.
Sincerely,
David Short, Executive Director
Downtown Business Association
• Cc: Chip Steiner
i9 Old Town Square • Suite e30 • Fort Collins,CO 80524 - tel 970.484.6500 •fax 970.484.2o69
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Attachment 2: Current Publication & Number of Newsracks
Page I of I
Inventory of Existing Newsracks - February, 2008
• PUBLICATION DOWNTOWN ALL OTHER TOTAL
LOCATIONS
Fort Collins Coloradcan 9 41 50
--Thrifty Nickel 16 29 45
The Rocky Mountain Chronicle 13 25 38
Scene Magazine 17 16 33
Fort Collins Now 12 20 32
Homes&Land of Fort Collins&Larimer County 15 14 29
Northern Colorado Tribune 10 17 27
Northern Colorado Homes 13 9 22
RH Weekly 3 13 16
The Real Estate Book 7 8 15
New Home Finder 4 10 14
USA Today 5 7 12
Rocky Mountain News 6 4 10
A artsments For Rent 3 6 9
Auto Mart 4 5 9
Colorado Connection 4 5 9
Denver Post 6 3 9
Northern Colorado Business Report 9 0 9
• WheelsColorado.com 1 8 9
Northern Colorado Homes Illustrated 5 1 6
La Tribuna 1 3 4
Ticket on the Street 2 2 4
Apartment Blue Book 1 2 3
Mature Living Choices 1 2 3
_ Re orter-Hearald 1 2 3
Careerbuilder 0 2 2 _
_ Mountain Gazette 2 0 2
The Employment News 0 2 2
Festivities 1 0 1
Make&Model 0 1 1
Names and Numbers/K.W. Brock Directories 1 0 1
Nextnc(Greeley Tribune 0 1 1
Northern Colorado Vacation Guide 0 1 1
Peaceful Prarie Sanctuary 0 1 1
Real Estate Weekly 0 1 1
Rocky Mountain Collegian 1 0 1
US Travel Guide 1 0 1
Wellington Tribune 1 0 1
Wheels Magazine,Inc. 0 1 1
TOTALS 175 262 437
• %OF RACKS IN RESPECTIVE AREA 40.0% 60.0%
FORT COLLINS CITY COUNCIL A IS.
' Photo ' conditions & conceptional, 1condos/corrals
Page 1 of 7
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Page 2 of 7
Existing Newsracks at Mountain Ave. & College Ave.
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Conceptual Messaging for News Condominiums at Mountain Ave. & College
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Existing Newsracks at Walnut Ave. & College Ave.
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Attachment 4: Work Session Summary from Jant
>rt FtT M communications and Public
'nvolvement Office
( I aP Ave.
POO Box 58
City Fort Collins rori Coui„_ CO acs21
970.416-2718
fax i)701 2 d-c 107
car,
Date: January 9. 2008
To. Mayor & City Council
Thru: Darin Attebetry, City Manager
From: Kelly DiMartino, Communications & Public Invohement Director
Trace Dyer, Chief Engineering Inspector
RE: January 3 work Session Summary - News Racks
Staff presented two options for Council consideration about how to address concerns with news
racks in downtown Fort Collins. The first option, recommended by City staff. the Downtown
Development Authority and the Downtown Business Association, would require publications to
be placed in news condominiums within a set downtown boundary. The second option,
recommended and supported by a coalition of local publishers, would utilize news corrals
managed through a voluntary agreement. The purpose of the meeting was to seek Council's
feedback on whether they wish to address existing deficiencies in the City Code related to the
placement of news racks in the public tight-of-way, and if so, which of the two options they
wished to have prepared for Council consideration at a Regular Meeting. All Council members
were present for the discussion. Various local publishers and downtown business representatives
were in attendance.
Council members expressed differing- opinions on the merits of both options. Questions and
discussion amongst Council members focused on existing enforcement efforts, the implications
of both proposals in terms of maintenance and staffing, how the two options would, or would
not. affect First Amendment Rights, and the pros and cons of both approaches. There was
limited discussion about the impact of the proposed ordinance in areas outside of downtown.
Six Council members expressed a desire to fix the existing deficiencies in the City Code. A
majority of Council members indicated that staff should prepare both options for Council
consideration. Direction was mixed as to which option Council prefers, and some Council
members requested that the publishers and the downtown business community work together
again to negotiate a mutually acceptable solution.
"rile City Attorney's Office and other City staff will work to prepare an ordinance that
incorporates elements of the \oluntary agreement proposed by the publishers. Per Council
direction- the ordinance will limit the placement of news racks within corrals in the downtown
area. Staff will also finalize the draft ordinance related to condominiums and bring both
ordinances to Council at a Regular Meeting.
•
Attachment 5: Letter from publishers to Mayor and Citv Council
Page 1 of 5
• LEVINE SULLIVAN KOCH & SCHULZ L.L.P. 1888 SHERb1AN STREET
WASHIN67ON,D.C. NEW'YORK PHILIDELPHIA DENVER SUITE 370
DENVER,CO 802C3
(303)37-2400 PHONE
(303)3762401 Fix
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(303)376-2406
<hea a,L,kl ,,x.m
February 25, 2008
Via E-mail
The Hon. Doug Hutchinson
Mayor, City of Fort Collins
Members of the City Council
City of Fort Collins
c/o City Hall West
300 LaPorte Avenue
Fort Collins, Colorado 80521
Re: Proposed news rack ordinance for City of Fort Collins
• Dear Mayor Hutchinson & City Council Members:
We write to present a follow-up on the discussions and work that has transpired since
City Council's work session on news rack regulation on January 8, 2008.
As you will recall, during that meeting, the members of the City Council requested that
the publishers and the leaders of the downtown business community and City Staff work together
to see whether they were truly at an "impasse,' with no hope of reaching a compromise, on the
question of news rack regulation in Fort Collins. Based on that request, representatives of the
Publishers' Coalition met with leaders of the downtown business community and City Staff last
month during a workshop that was facilitated by the volunteer services of Martine Carcasson.
This discussion led to a frank exchange of views, and the publishers indicated a willingness to
consider various options that might resolve the dispute. There was no indication, however, from
the other side that the publishers' suggestions would be acceptable.
Since that workshop meeting, the Publishers' Coalition has waited to see whether there is
any response to the suggestions for compromise that the publishers raised during that meeting.
There has been no such response. Nevertheless, the Publishers' Coalition remains willing to
consider alternative options that address the publishers' fundamental interest in preserving the
individuality of their points of sale in their news racks and in avoiding arbitrary restrictions on
the number of distribution locations for news racks in the Old Town area. Regrettably, it appears
that because there is no willingness from the other side to move off of the entrenched, categorical
• position that all news racks in Old Town must be in "condos" and there must be fewer "condo"
100095207p 1
Attachment 5: Letter from publishers to Mayor and City Council
Page 2 of 5
LEVINE SULLIVAN KOCH & SCHULZ, L.L.P.
Mayor Doug Hutchinson &Members of the City Council
February 25, 2008
Page 2
locations than the current number of news rack clusters, the parties are at impasse. Without a
willingness by the other- side to move away from its categorical positions, there appears to be no
possibility for compromise.
Separately, in addition to the City Council's direction last month that the parties should
investigate whether they are truly at an impasse, the City Council also directed the City
Attorneys office to develop an alternative draft ordinance that would implement a system for
news rack corrals in the downtown area.
That process of ordinance drafting has now resulted in a proposal for an ordinance that
implements a system of news rack corrals. This draft is the result of several rounds of drafts
exchanged between the City Attorneys office and the Publishers' Coalition. Unfortunately,
there remains a significant difference between the City Staffs draft for a corrals ordinance and
the Publishers' Coalition draft of a corrals ordinance. That difference is the City Staff s newly
found insistence on a 15-foot set back from a red curb. The publishers have proposed a 5-foot
set-back requirement based on the commensurate 5-foot set back requirement for fire hydrants.
The City Staffs 15-foot set-back for red curbs would apply city-wide and it would have a
dramatic impact on the number of news racks that could be placed at many street corners. In
addition, the size of this set-back— fifteen feet—has never previously been enforced against any
news rack in Fort Collins, and the City has never previously indicated there was any need for
such a large set-back. Indeed, the new 15-foot set-back requirement would eliminate many
current news rack locations that were explicitly authorize in prior permits approved by the City
Engineer's office.
As a result of this difference over the set-back requirement for red curb areas, we have
not been able to reach agreement with the City Attorney's office over the draft of a corrals
ordinance. Thus, the Publishers' Coalition presents its own draft of such a corrals ordinance
attached with this letter.
Of course, this single difference between the City and Publishers' Coalition proposals for
a corrals ordinance is small in comparison to the significant differences between the two
competing ideas of condos versus corrals. In that regard, the corrals ordinance submitted here
achieves several important goals that the Publishers' Coalition believes is in the public interest.
First and foremost, the corrals ordinance ensures that there will not be an eradication of
news racks from the downtown area. Under the City Staff's condos ordinance, there is a very
real possibility that the ordinance will result in all news racks being entirely eliminated from the
public streets in Old Town, at least until news rack condos are in place, if ever. This possibility
is the result of the fact that the City Staff ordinance prohibits any news racks in Old Town other
100095207:.1,
Attachment 5: Letter from publishers to Mayor and City Council
Pagc 3 of 5
•
LEVINE SULLIVAN KOCH & SCHULL L.L.P.
Mayor Doug Hutchinson & Members of the City Council
February 25, 2008
Page 3
than in condos, but the ordinance fails to ensure that those condos will ever actually be built.
Thus, were the City Council to adopt the City Staff s "condos" ordinance, the opponents of news
racks would be able to achieve their goal of eliminating all news racks in the downtown area
simply by ensuring that there is no funding for the condos, and thus, that the condos are never
actually built. The City does not have any enforceable agreements for funding these condos. All
that it has is a resolution from the Downtown Development Authority that the Authority would
supply some funds at some date for some number of condos. There is no contract to this effect.
Moreover, even if the DDA were to supply the unknown number of condos, it is entirely unlikely
that those condos would be in place by March 19, 2008, when the proposed ordinance would go
into effect and would permanently ban all freestanding news racks in Old Town that are not in a
condo. Thus, under the City Staffs ordinance, there will be no newspapers on the streets of Old
Town come March 19, 2008.
Second, the Publishers' Coalition proposal also avoids the significant, and still
undetermined, expense that will be created by the City's use of the bulky, modular news rack
• condominiums. These structures are an inevitable invitation to graffiti and vandalism, and they
will result in a substantial increase in the maintenance obligations for the Parks & Recreation
Department employees responsible for the Old Town area. Moreover, because of the difficulties
in keeping these structures free of graffiti and vandalism, the move to condos simply will never
achieve the City's desire to beautify the downtown area.
In addition to these important points, the Publishers' Coalition proposal also presents
various other contrasts with the City Staff s proposal. A memorandum summarizing and
explaining these contrasts and the positions of the Publishers Coalition is attached with this
letter_
In conclusion, the Publishers' Coalition believes that to the extent any new news rack
regulation is promulgated in Fort Collins, the coalition's proposed draft best serves the public
interest and the interests of the publishing community. For all the reasons that were discussed in
the coalition's submissions in advance of the Council's earlier work session, the expensive,
bulky, modular news rack condominiums desired by City Staff simply will not work. The City
Staffs plan for mandatory, limited news rack condominiums will not achieve the goal of
downtown beautification, will quickly result in substantially increased maintenance
responsibilities and costs for the City, and will have a substantial negative effect on the
distribution of newspapers in the downtown area. To the extent any news rack regulation is felt
•
Attachment 5: Letter from publishers to Mayor and City Council
Page 4 of 5
LEVINE SULLIVAN KOCH & SCHUL"L L.L.P.
Mayor Doug Hutchinson & Members of the City Council
February 25, 2008
Page 4
to be necessary, which the Publishers' Coalition believes is not the case,!the far better
alternative would be for the City to adopt the system of news rack corrals proposed in the
coalition's draft ordinance.
The Publishers' Coalition notes again that it stands ready to consider any alternative that
meets the publishers' objective of preserving the number of distribution locations that now exist
in the downtown area, and that also preserves the ability of publishers to maintain a brand
identity in their distribution points of sale. If there is any desire on the part of the Council to
discuss the various alternatives that would achieve these goals, the publishers are happy to do so.
To the extent the Council has any questions concerning the publishers' proposed
ordinance, or any other issue, the publishers are available to address those issues at your
convenience, and certainly at the hearing scheduled on this matter for March 4, 2008.
We look forward to your consideration of this matter.
i For example,entirely independent of any change in the law,Fort Collins already has witnessed a
significant decrease in the number of news racks downtown. Nearly 25 news racks have been voluntarily withdrawn
from that area by various publishers,primarily as a result of market forces or the lack of interest by readers in those
particular publications at those particular locations. In addition,the Publishers' Coalition has taken significant
strides to ensure the good appearance of their news racks throughout the City. While those efforts are not foolproof.
they have yielded noticeable improvement in the general appearance of the downtown news racks.
{000e5207,.1
Attachment 5: Letter from publishers to Mayor and City Council
Page 5 of 5
•
LEVINE SULLIVAN KOCH & SCHULL L.L.P.
Mayor Doug Hutchinson & Members of the City Council
February 25, 2008
Page 5
Very truly yours,
LEVINE SULLIVAN KOCH & SCHULZ, L.L.P.
2 �y�
v
By
Christopher P. Beall
Attachments:
1. Publishers' proposed alternative ordinance
• 2. Memo on comparison of proposed draft ordinances
cc: City Manager Darin Atteberry
City Attorney Steve Roy
Members of the Publishers' Coalition
•
j0009520,;,11
Attachment 6: Comparative analysis submitted by publishers
Page I of 8
LEVINE SULLIVAN KOCH & SCHULZ L.L.P.
WAISHINGTON,D.C. NEV YORK PHILADELPHIA DENSER
•
M E M O R A N D U M
To: Fort Collins City Council
FROM: Christopher P. Beall
CC: Publishers Coalition
DATE: February 25, 2008
SUBJECT: Comparison of proposed news rack ordinances
This memorandum summarizes and explains the differences between the City Staff s
proposed news rack ordinance for news rack condominiums, based on the February 21, 2008
draft supplied to us by the City, and the alternative proposal offered by the Publishers' Coalition
for news rack corrals (draft dated Feb. 22, 2008). For ease of reference, the two alternatives are
referred to here as the City Staff s "condos" proposal and the Publishers Coalition's "corrals"
proposal.
•
General Overview
In addition to the specific section-by-section analysis that is detailed below, it is
important to bear in mind several overarching considerations with respect to the two alternative
proposed ordinances.
First, and fundamentally, the two different proposals rely on very different philosophies
about how the City should go about regulating news racks in the downtown area. In particular,
under City Stall's proposal, it is municipal staff who will decide where news rack condos, and
thus news racks themselves, will be located. The City Staff proposal puts the government in
control, not the marketplace, of where newspapers and other publications will be distributed.
Thus, the City Staff proposal reserves exclusively to the City the right to determine where any
news rack condo will be located, if at all, and the City Staff proposal makes no provision for
either expanding existing condos or establishing new news rack condo locations in the event
there is a need for such additional or expanded locations. In contrast, the proposal by the
Publishers' Coalition establishes a regulatory approach whereby the specific location of a news
rack corral will be dictated by the marketplace. Under the Publishers' Coalition proposal, news
rack corrals will be located—to the extent the public safety criteria are otherwise met—wherever
a publisher determines that the marketplace wishes to see a news rack. Thus, the location of
news rack corrals would be dictated by what consumers and readers sees as desirable locations,
not by what government officials deem to be preferred locations.
•
(00091218:,I
Attachment 6: Comparative analysis submitted by publishers
Page 2 of 8
Puhh,h,,s Coahlwu,
Fch. '008
Memo on Comparison ofProposed News Rack- Ordinances
Second, and of course most obviously, the City Staff s proposed ordinance will institute a
system of news rack condos. These bulky, expensive, modular news rack condominiums will be
a virtually constant target for graffiti and vandalism. In addition to the excessive upfront
investment in actually buying and constructing these condos, as the publishers have experienced
on their own, the graffiti and vandalism to these condos will impose significant additional
expense. And, let no one say that the use of graffiti-resistant paint on the condos is a panacea. It
is not. Even with graffiti-resistant paint, the condos still must be washed to remove the graffiti,
and power-washing systems cannot be used with these condos because they are not water-tight
and using a power-washing system will damage the newsprint products inside the condos.
Without the nearly constant maintenance that will be required, the long tops and backside
surfaces of these condos will become a depressing eyesore and a significant diminishment to the
look of the Old Town streetscape. The City Staff has provided no estimate of the cost for such
maintenance, but it is likely to be high.
Third, the City Staff proposal will have the practical result of eliminating all newspaper
distribution on the public streets in Old Town for the length of the interim between when the
ordinance is enacted and when condos are installed, if ever. This result is a function of the fact
that once the City Staff proposal becomes law, any and all freestanding news racks in Old Town
will be absolutely banned. The only news racks that are allowed under that ordinance are those
inside a news rack condo. However, the City Staff proposal does not establish any obligation on
the part of the City to construct the condos. Moreover, although the City has been told that the
Downtown Development Authority will provide some funding for news rack condos, those
condos surely will not be in place by March 19, 2008. Indeed, they may never be in place.
There is no enforceable contract for the funding of these condos; there is no guarantee as to when
that funding might become available; and, there is no evidence to demonstrate that the funds the
DDA might provide would be adequate to cover the cost of the condos that would be necessary.
This situation means that come March 19, 2008, unless the new news rack condos are funded,
purchased, constructed, and installed, there will be absolutely no distribution of newspapers on
the public streets of Old Town. In contrast to this effective eradication of newspapers from the
public streets of Old Town, the Publishers' Coalition proposal ensures that publishers will
continue to be permitted to distribute their newspapers and other publications in the downtown
area regardless of whether any news rack corrals, or condos for that matter, are ever constructed.
And finally, the City Staff proposal continues to insist on a dramatic reduction in the
number of news rack locations that would be available in Old Town area, setting the number
arbitrarily at nine condo locations. As discussed in the prior submissions by the Publishers'
Coalition and at last month's study session, this diminution in the number of locations for
distribution of constitutionally protected speech is deeply troubling, both legally and practically.
From a legal perspective, the City has no legitimate, constitutionally defensible justification for
the vast elimination of access to the public forum that would result from this cap of nine news
rack locations. And from a practical point of view, the elimination of almost half of the current
news rack clusters in the downtown area will dramatically affect a significant number of
publishers and will necessarily result in a decrease in the number of newspapers and other
publications that are distributed on the public streets in Old Town. In contrast to these legal and
practical issues, the Publishers' Coalition proposal ensures that there will be as many news rack
{00095218;,1J -2-
Attachment 6: Comparative analysis submitted by publishers
Page 3 of 8
Publisher's (bUhno,
I h.'-s_'00,s
Memo on Comparison o/Proposed News Rack Ordinances
locations as the marketplace determines are useful and efficient for readers, avoiding entirely the
notion that there must be some kind of arbitrary cap on the number of news rack locations in the
downtown area.
Section-by-Section Analysis
The following section-by-section analysis examines the differences between the two
proposed ordinances. This comparison is based on the Publishers' Coalition Feb. 22. 2008
proposal and the Feb. 21, 2008 draft of the City Staff proposal. (We understand that the City
Staff proposal continues to be the subject of revision, but the Publishers' Coalition was required
to submit its materials for the March 4, 2008 meeting before it received a final draft of the City
Staff proposal.)
"Whereas' clauses:
• The Publishers' Coalition proposal eliminates the second and third "Whereas'
clauses from the City Staff proposal because they are not supported by any
evidence put forward by City Staff. There is no evidence that the existing news
rack regulation system is inadequate to achieve the City's desire of protecting
public safety. Indeed, the evidence presented to the Council during last month's
study session demonstrated conclusively that the existing ordinance can be used
to achieve each and every one of the City's professed goals, but that for reasons
• not yet revealed by City Staff, the City has elected not to use the tools it already
has in hand to meet its goals. This lack of prior enforcement of the existing
ordinance also demonstrates that the City's professed goal of beautification of the
downtown area is not a sufficiently compelling government interest to support the
City Staff s proposed wholesale regulation. Because the City has failed to take
already-available enforcement steps under its current ordinance, which would
indisputably have a significant effect on the appearance of downtown news racks,
the City lacks a legally sufficient basis for imposing its new intrusions on the
ability of publishers to distribute their constitutionally protected speech along the
public streets. In addition, the second and third "Whereas' clauses ignore the
very real effects that have been occurring in the last few months as certain
publishers have decided for market reasons to withdraw their news racks from the
downtown area, resulting in a decrease of nearly 25 news racks, and where the
remaining publishers have significantly improved the appearance and
organization of the remaining news racks.
• In contrast to the City Staff s unsupported "Whereas' clauses, the Publishers'
Coalition proposal inserts two entirely new "Whereas" clauses (the fourth and
fifth clauses) to make clear the purpose of the corrals ordinance is not to reduce
the number of locations from which newspapers and other publications may be
distributed in Fort Collins, at least so long as those locations otherwise comply
with the public safety and location limitations set forth elsewhere in the
ordinance. These new clauses underscore the essential fact that the corrals
ordinance is intended to advance First Amendment interests, not defeat them.
•
�000ys�l �I; -3-
Attachment 6: Comparative analysis submitted by publishers
Page 4 of 8
Published(oaht...n
re6.25,2008
Memo on Comparison of Proposed News Rack Ordinances
Sec. 23-96:
• No differences whatsoever between either proposal.
Sec. 23-97:
• No differences whatsoever between either proposal.
Sec. 23-98:
• No differences whatsoever between either proposal.
Sec. 23-99:
• Apart from the language making allowance for news rack condos, there is no
material difference between either proposal.
Sec. 23-100:
• No differences whatsoever between either proposal.
Sec. 23-101:
• The differences between the two proposals in this section are largely semantic,
with both the City Staff and the Publishers' Coalition proposals largely reflecting
the language that the publishers had proposed with respect to any indemnification
obligation.
• Despite the similarity of the language in the two proposals, there remains a
significant problem with the City Staffs version of this section as it is currently
written. The City Staffs draft imposes an indemnification obligation on
publishers for claims arising out of injuries caused by news rack condos even
though those condos are owned and operated by the City and even though the
publishers have absolutely no discretion over where those condos are located.
This imposition of an indemnification obligation on publishers for condos over
which the publishers have no control is grossly unfair.
• The Publishers' Coalition also notes that the proposed indemnification obligation
is entirely new to the Fort Collins Municipal Code. There is no such provision in
the current encroachment permit ordinance. Nor is there any true need for such
indemnification because both the existing ordinance and the new proposed
ordinances require news rack owners to have insurance that names the City as an
additional insured.
Sec. 23-102(a):
• In a reflection of the fact that the publishers and the City have generally been in
agreement concerning the location limitations set forth in subsection (a) of this
Section, there had not been any major disagreement over this language, at least
not until Thursday, Feb. 21, 2008, when the publishers received the City Staff
latest draft. This draft inserted for the first time—at Sec. 23-102(a)(4)—a fifteen
(15) foot set-back requirement from any red curb. This 15-foot set-back had
never before been mentioned by City Staff, and it certainly has never been
100095218;,1) -4-
Attachment 6: Comparative analysis submitted by publishers
Page 5 of 8
Memo on Comparison of Proposed News Rack Ordinances
enforced before by City Staff under the current administration of the current news
rack ordinance. Although the publishers certainly agree that some amount of set-
back should be established for a red curb area, a set-back of 15 feet will
dramatically reduce the amount of space available for news racks on most street
corners in the Old Town area. The set-back of 15 feet also is inconsistent with the
separate set-back for fire hydrants and other public safety facilities. In light of
these considerations, there is no rational basis for a 15-foot set-back, and the
publishers have instead proposed a 5-foot set-back, in line with the 5-16ot set back
for fire hydrants.
• Another area of difference in this section occurs at Sec. 23-102(a)(7), where the
Publishers' Coalition proposal deletes the prohibition against the placement of
news racks on "decorative sidewalks." The term "decorative sidewalks' is vague
and undefined, creating the likelihood of arbitrary and capricious enforcement.
The prohibition also lacks any rational basis because news racks today are placed
on all kinds of sidewalks in the city, include many granite sidewalks, with no ill
effects. The news racks now in use are constructed to be secured by weighting,
with no need to be bolted to a sidewalk surface.
Sec. 23-102(e):
• The other area of major disagreement in Section 102 occurs at Sec. 23-102(e),
with respect to so-called "mid-block"news racks. The City Staff proposal
• establishes a 300-foot separation between news racks, while the Publishers"
Coalition establishes a 100-foot separation. In this regard, the City Staffs
proposal would have the net effect of eliminating virtually all mid-block locations
throughout the city_ (Bear in mind also, that under the City Staff ordinance, this
mid-block restriction is irrelevant to the Old Town area because only news rack
condos are allowed in Old Town. Instead, the mid-block prohibition in the City
Staff proposal would be relevant only in the rest of the city, and there certainly is
no evidence to support the need for football-field separation between news rack
locations outside of Old Town.)
• The Publishers' Coalition proposal also eliminates other restrictions on mid-block
news rack locations in Sec. 23-102(e)(7) and (e)(8)—pertaining to securing the
racks to City property or to private property. These restrictions are unnecessary
because the ordinance already requires news racks to be secured by use of
weights, rather than by any external fasteners—which is something publishers
already do. In addition, there is no reason for the City to prevent a publisher from
reaching a private agreement with a private property owner for use of the private
property owner's fence or other property as a means of securing a news rack.
Sec. 23-102(0:
• The differences between the two proposals in Sec. 23-102(g)reflect the
fundamental difference between the use of condos versus corrals in the Old Town
area. Under the City Staff proposal, the City has decided on a dramatically
limited number of condo locations, and the ordinance then bans any other news
• rack at any other location anywhere else throughout the Old Town area. In
ouuvs�i�:,i; -5-
Attachment 6: Comparative analysis submitted by publishers
Page 6 of 8
Pubfishcrs(oo G�ion
Feb-25.2008
Memo on Comparison of Proposed News Rack Ordinances
contrast, the Publishers' Coalition proposal abides by the essential premise that
publishers, not the government, know best how and where their news racks are to
be located, subject of course to the objective location limitations elsewhere in the
ordinance that the publishers certainly accept. Under the corrals ordinance, it will
be up to the City to determine whether and when it wishes to place a corral around
any news racks in Old Town. But it is up to publishers to determine where news
racks will be placed. Thus, under this arrangement, the City s decision on
whether to place a corral in a certain location cannot act as a veto over the
publishers' decision to place news racks in that location.
• In addition to the fundamental difference of condos versus corrals, the "Figure A"
versus "Figure B" of these proposals presents different locations for news racks in
Old Town. It is important to note that the Publishers' Coalition proposal for
"Figure B" in the corrals ordinance has eliminated several locations where there
are current clusters of news racks, most notably one of the clusters outside City
Drug, because those current clusters would not comply with the set-back
requirements elsewhere proposed in the Publishers' Coalition draft. As a result of
this loss of certain existing clusters, on the basis of public-safety considerations
with which the publishers fully agree, the publishers' "Figure B" has designated
several other sites to make up for that loss. These additional locations, however,
ultimately would encompass fewer total news racks because the total number of
news racks in the Old Town area has been declining as a result of unrelated
market forces.
Sec. 23-103:
• The differences between the two proposals in this section reflect the very different
approaches for allocation of space within a condo or a corral. The City Staff s
proposal once again implements the view that the government should decide
where speech can occur and whose speech is allowed, establishing that the city
manager will decide which particular slots within a condo will be used by which
particular publications, with no indication that any consideration will be made to
business and practical realities. The Publishers' Coalition proposal, however, is
guided by the principle that the intensely practical and quotidian decisions
concerning where a news rack should be placed within a corral should be
controlled by the business people who own the news racks and who know what
they are doing. Thus, the corrals ordinance establishes a system by which the
publishers in a corral will determine amongst themselves how the locations in that
corral should be allotted, and only calls for the city manager's involvement if the
publishers cannot come to their own agreement.
Sec. 23-104:
• There are two principal differences between the two proposals in Section 104.
First, in Sec. 23-104(c)(1), the Publishers' Coalition proposal sets a maximum
height for all news racks that are within 20 feet of the street of 49 inches. The
City Staff proposal would set that maximum height at 42 inches. The problem
with the 42-inch height restriction is that it would eliminate a significant number
{OOU952I N.,1) -6-
Attachment 6: Comparative analysis submitted by publishers
Page 7 of 8
Publish,,,(bahuon
I h.°. ]OOR
Memo on Comparison of Proposed News Rack Ordinances
of news racks that are already on the street, and would therefore require numerous
publishers to buy new news racks at the lower height. In addition, there is no
rational basis for the lower 42-inch maximum in light of the fact that the proposed
modular news rack condominiums that City Staff prefers would be higher than 42
inches.
• The second major disagreement is with respect to Sec. 23-104(c)(3) of the City
Staff proposal, which eliminates—on a city-wide basis— the ability of publishers
to use the display space on their news racks for purposes other than promoting the
publication in the news rack. This restriction prevents publishers from using their
news racks to promote their other publications, including their own websites or
affiliated newspapers, and it also prevents publishers from using the display space
in their news racks to promote community events or other third-party activities.
There is no rational basis for this kind of restriction on the use of the publishers'
own news rack, and it is a clearly content-based restriction that discriminates
against publishers.
Sec. 23-105:
• In the Publishers' Coalition proposal, at Section 105, the corrals ordinance
authorizes the use of a voluntary agreement among publishers to clarify the duties
that such a voluntary association would be allowed to undertake in organizing and
maintaining news racks throughout the city. In contrast, the City Staff proposal
• has no comparable provision. This omission is yet a further demonstration that
the City Staff has no desire to have the business people who know the most and
who know best be involved in the day-to-day affairs of the management of news
racks in Fort Collins.
Sec. 23-106 (or-105 in the condos ordinance):
• No differences whatsoever in either proposal.
See. 23-107 (or -106 in the condos ordinance):
• No differences whatsoever in either proposal.
Sec. 23-108 (or-107 in the condos ordinance)
• No differences whatsoever in either proposal.
Section 23-109 (or-108 in the condos ordinance):
• No differences whatsoever in either proposal.
Sec. 23-1 10 (or-109 in the condos ordinance
• No differences whatsoever in either proposal.
• (11 is noteworthy here, however, that the City Staff proposal initially called for
allowing abandoned news racks to remain on city streets for as long as 30 days,
even after notice from the City. The publishers proposed reducing this time frame
to 10 days because the publishers recognize that the impetus for the current effort
•
10009"M,1] -7-
Attachment 6: Comparative analysis submitted by publishers
Page 8 of 8
Publishes C.zImm
Feh.25,2008
Memo on Comparison of Proposed News Rack Ordinances
to impose sweeping new regulations on news racks comes from a few isolated
incidents in the past where the City failed to take action against news racks that
had been abandoned by defunct publications. The Publishers' Coalition today
certainly recognizes how damaging it is to their community relations to have
abandoned news racks sitting on a sidewalk, becoming an eyesore, and annoying
the business owners adjacent to these abandoned racks. As a result, the publishers
suggested reducing the time for how long the City must wait to remove an
abandoned news rack from the original intolerably long 30 days down to 10 days.
The Publishers' Coalition believes that this authorization for the City to remove
abandoned news racks as quickly as possible— assuming the City implements this
authorization—will go a long way toward avoiding the anger that has prompted
the current effort to regulate news racks.)
0009521 S;,I) 8
Attachment 7: Ordinance No. 031,2008 Option 2 Publishers Submittal
Page 1 of 11
• PUBLISHERS' COALITION PROPOSAL
Feb. 22, 2008
ORDINANCE NO. 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23, ARTICLE III OF THE CODE
OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF ADDING
A DIVISION REGARDING ENCROACHMENT PERMITS FOR NEWSRACKS
WHEREAS, the Council recognizes that the use of City rights-of-way is historically
associated with the sale and distribution of newspapers and other publications, and that it is in the
public interest to encourage the widespread distribution of such publications; and
WHEREAS, the Council wishes to adopt a new set of regulations pertaining to newsracks;
and
WHEREAS, such system should include a requirement that, in certain areas of the City that
tend to be especially congested and/or that have particular architectural or historic significance, such
as the downtown area,newsracks should, as funding becomes available,be contained in locations by
means of a newsrack corral; and
• WHEREAS, the City does not intend for the system of newsrack corrals established by this
Ordinance to cause, in its own right, or be used to impose, a reduction in the number of locations of
newsracks as are currently present within the downtown area; and
WHEREAS,the City intends for said system of newsrack corrals to operate in a manner that
ensures the greatest possible distribution of newspapers and other publications in Fort Collins,
including in the downtown area, and that as a result, in the event there are applications for newsrack
permits in the downtown area that exceed the number of then available newsrack corral locations,the
City will establish,to the extent funding is available,additional newsrack corrals to accommodate the
requested additional newsrack permits,but in any event,will always permit the additional requested
newsracks to the extent the requested newsracks otherwise comply with the requirements of this
Division.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 23,Article III of the Code of the City is hereby amended by the addition of a
new Division 5 to be entitled "Newsracks" to provide as follows:
{000"204p 11 Feb.22,2008 Omit
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 2 of 11
DIVISION 5. NEWSRACKS
See. 23-96. Intent and purpose.
The purpose of this Division is to secure and promote the public health,safety and
general welfare of persons using City rights-of-way by regulating the placement,
appearance, size and servicing of newsracks in such rights-of-way. Nothing in this
Division is intended to discriminate against, or interfere with the publication,
circulation, or distribution of any printed material that is constitutionally protected.
Sec. 23-97. Definitions.
The following words and phrases, when used in this Division, shall have the
meaning respectively ascribed to them unless the context otherwise clearly indicates:
Bus Stop shall mean the area immediately adjacent to any marked bus stop,
consisting of a ten (10) foot wide strip parallel to the roadway measured from the
curb or,where there is no curb, the edge of the pavement, and running from the bus
stop sign for forty feet in the opposite direction of the flow of traffic.
City right-of-way shall mean an area dedicated to public use or impressed with an
easement for public use, which is owned or maintained by the City and is primarily
used for pedestrian or vehicular travel. City right-of-way shall include but not be
limited to, the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or
parking strip, and any public way.
Newsrack shall mean any self-service or coin operated box,container,storage unit
or other dispenser installed,used or maintained for the display,distribution or sale of
a newspaper, magazine,periodical, or other similar printed material.
Newsrack corral shall mean an enclosure that is made of metal or other material
acceptable to the City, uniformly colored and that has space for two or more
newsracks,each of which is separately permitted under the provisions of this Division.
Permittee shall mean the person responsible for placing and maintaining a
newsrack in a public right-of-way or for occupying space in a newsrack corral.
Person shall mean any person or entity including,but not limited to,a corporation,
limited liability company, partnership, unincorporated association, or joint venture.
Roadway shall mean that portion of a street that is improved, designed, or
ordinarily used for vehicular travel.
{00095204p 1} Feb.22.2008 Draft
2
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 3 of 11
• Sidewalk shall mean any surface provided for the use of pedestrians.
Street shall mean all the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, tree-lawns and sidewalks.
Tree-lawn shall mean the area between the sidewalk and the curb of any street or,
where there is no sidewalk, the area between the edge of the roadway and the
property line adjacent thereto. Tree-lawn shall also include any area within a roadway
that is not open to vehicular travel.
Sec. 23-98. Encroachment permit required.
It shall be unlawful for any person to erect, place, operate or maintain any
newsrack or utilize space in a newsrack corral on City-owned property or any City
right-of-way without first obtaining a permit from the City Manager approving the
location of such newsrack. A newsrack that is in place but has not been authorized by
a valid permit issued by the City may be removed by the City without notice. The
City Manager's decision whether to issue or deny issuance of a newsrack permit shall
be made within fifteen (15) days following the date that a complete application has
been submitted to the City, or with respect to applications filed under§23-103 below,
such decision shall be made by April 30, 2008.
• Sec. 23-99. Application for permit.
The owner of a newsrack for which a permit is sought and any person seeking
to utilize space in a newsrack corral must submit to the City Manager a signed
application in writing upon a form provided by the City and a certificate of insurance
with a limit of at least one million dollars per occurrence, showing the City as an
additional insured,covering any liability arising out of the operation and maintenance
of the newsrack. The insurance carrier must be rated B+ or better. The application
must contain:
(1) the name and address of the applicant;
(2) the proposed location of the newsrack; and
(3) the signature of the applicant.
See. 23-100. Permit.
Pennits shall be issued for each newsrack and shall not be transferable to another
person or another location; provided, however, that a permittee may use a single
permit for different publications at a single newsrack location during the life of the
permit,as the permittee so chooses,provided that the City Manager is first notified in
• writing of the intended change of publication. Permits will be valid for one (1) year
(000"204,c 1 J Fch 12.200S Draft
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Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 4 of 11
unless earlier revoked pursuant to § 23-108 of this Division or pursuant to Article IX,
Section 11 of the City Charter.
Sec. 23-101. Issuance of a permit.
If a permit application complies with the requirements of this Division, the
application will be approved, and a permit will be issued to the applicant. No permit
may be issued unless the applicant has filed a written statement with the City
Manager, in a form satisfactory to the City Attorney,agreeing to indemnify and hold
harmless the City, its officers and employees from any loss, liability, or damage,
including expenses and costs, for bodily or personal injury or property damage
sustained by any person as a result of the installation, use, or maintenance of a
permitted newsrack within the City. The permittee s obligation to so indemnify the
city and its officers and employees shall be contingent upon the City promptly
notifying the permittee in writing of any such claim and delegating to the permittee all
authority to control or compromise the defense of such claim. Nothing herein shall be
construed as a waiver of immunity as provided by the provisions of the Colorado
Governmental Immunity Act, 24-10-101, et seq., C.R.S. Upon approval of the
application, each permittee shall pay an annual fee of ten dollars($10.00)per permit
prior to the issuance or renewal of the permit.
See. 23-102. Public safety criteria for placement of newsracks.
The following regulations shall apply to all newsracks placed in whole or in part
upon, in or over any portion of City-owned property or City right-of-way:
(a) No newsrack may be placed, installed, used or maintained:
(1) within two (2) feet of the curb face of or pavement edge of any
roadway;
(2) within three (3) feet of any marked pedestrian crosswalk or entrance
to any public transit shelter;
(3) within five(5)feet of any fire hydrant, fire call box,police call box,or
any other emergency facility;
(4) within five (5) feet of any designated emergency parking area (red
curbs);
(5) on any portion of a pedestrian access ramp for disabled persons;
(6) within three (3) feet of any of the following: parking meter posts,
traffic control cabinets, bicycle parking racks, public telephone
enclosures,kiosks,public works of art,entrances to any sidewalk cafe
enclosure or any portion of a driveway;
(00095204;,11 Feb.22,2008 Drall
-4-
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 5 of 11
• (7) on any portion of tree grate,manhole cover,meter and/or valve box
cover, or vent cover for underground utilities;
(8) in such manner that the effective,clear width provided for the passage
of pedestrians within the sidewalk portion of City right-of-way fails to
comply with the provisions contained in the Latimer County Urban
Area Street Standards;
(9) within the passenger boarding area of a designated bus stop.
(10) on landscaped areas or other pervious surfaces unless a concrete pad
has been installed on such surface,pursuant to a permit issued by the
City Manager;
(11) when such installation, use, or maintenance endangers the safety of
persons or property;
(12) when such site or location is used for public utility purposes, public
transportation purposes, or other public or governmental use
incompatible with newsracks;
• (13) when such newsrack unreasonably interferes with or impedes:
a. the flow of pedestrian or vehicular traffic, including parked or
stopped vehicles, the ingress to or egress from any residence or
place of business; or
b. the use or maintenance of poles, posts, traffic signs or signals,
hydrants, mailboxes, or other objects permitted at or near said
location.
(b) Newsracks must not be secured to the surface upon which they are situated
by bolts, but must instead be secured by weight, fastening to a newsrack
corral if available,or other anchoring device approved by the City Manager.
(c) It shall be unlawful for any person,other than an employee or contractor of
the City who is taking action pursuant to this ordinance, to move a
newsrack without the authorization of the owner of the newsrack.
(d) It shall be unlawful for any person to deface a newsrack.
(e) Newsracks shall be permitted in mid-block locations as long as the
placement of newsracks at the requested location:
• (1) will not impede vehicular or pedestrian travel;
(00095204,,11 Feb.22,2008 Draft
-S-
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 6 of 11
(2) will not cause a health and safety concern for the traveling public such
as a tripping hazard or sight distance issue;
(3) is not within one hundred (100) feet of any other newsrack;
(4) will not cause damage to any City property;
(5) will not impede any irrigation system to private or City property;and,
(6) will allow room within the right-of-way to place the newsrack at least
two(2) feet behind the walk or in the tree-lawn between the walk and
the curb, and not a pervious surface
(t) If the number of newsracks at a location must be reduced for any reason,
the last permitted newsrack shall be the first to be removed,and so on,with
the first permitted the last to be removed. Any newsrack so removed shall
be permitted at the nearest available location acceptable to the permittee
without the imposition of a new permit fee.
(g) Within the boundaries of the area shown on Figure B,referenced below and
attached hereto, newsracks shall be placed within newsrack corrals to the
extent that such corrals are established and constructed by the City.
(1) In the event the City receives a permit application for a location
within the area defined by Figure B that does not yet have a
newsrack corral, the City Manager will promptly determine
whether the City will establish and construct a newsrack corral
at that location. If the City Manager determines that a newsrack
corral will be established at that location, all newsracks at that
location must be contained within that newsrack corral. If,
however,the City Manager determines that he or she will defer
constructing a newsrack corral at that time,the applicant will be
granted a permit to place a newsrack in the requested location
without a newsrack corral, so long as all other requirements of
this Division are met. Thus,the absence of a newsrack corral at
a location requested by a permit applicant will not act as a bar to
the granting of a permit for that location if all other
requirements of this Division would otherwise allow for a
newsrack at that location.
(2) The locations of the anticipated initial newsrack corrals are as
shown on Figure B below. Said locations are deemed to comply
with the requirements of this Division but the newsracks located
therein may be limited in number and/or newsrack capacity by
the City Manager in order to ensure such compliance.
{00095204;,1) Feb.22,2008 Dra0
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Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 7 of 11
• [Insert Figure B here]
The locations shown on Figure B are illustrative only and are
not binding on the City Manager with respect to locations that
may be established for newsrack corrals
Sec. 23-103. Determination of locations within newsrack corrals; selection
method.
(a) The permittees having permits to place newsracks within a particular
newsrack corral will attempt to agree among themselves as to how to allocate the
space within the corral and will report their agreed-upon allocations to the City
Manager. If there is unanimous agreement among the permittees,such allocations
will be binding on all permittees who have been given pen-nits for that particular
location. In the absence of unanimous agreement among the permittees,the City
Manager will allocate the specific locations within a newsrack corral based on a
lottery selection.
(b) After the initial allocation of space in a newsrack corral has been
determined, the public shall be notified via the City`s website when a location
within a corral is or becomes available for occupation. Persons seeking to occupy
• the available spaces shall have fourteen (14) calendar days from the date of the
notification to submit applications for any such location. If more applications are
received in that period than can be accommodated at the location, all such
applications shall be put on an equal priority and the pennittees shall be randomly
selected by the drawing of lots under the administration of the City Manager.
(c) Any permit application for a newsrack permit at a specific corral
location that is not granted through the foregoing process because of the
unavailability of space within the specific newsrack corral shall be granted either
for: (1) a location within a new newsrack corral that the City will establish and
construct at a location as closely comparable as possible to the requested location,
or (2) a comparable location not having a corral that otherwise meets the
requirements of this Division.
(d) If a permittee seeks multiple permits for a single newsrack corral
location,the permittee must use its multiple permits for separate publications;the
permittee may not use multiple newsrack permits for the same publication in the
same newsrack corral location.
•
100095204;,1 J Feb.22.2008 Draft
-7-
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 8 of 11
See. 23-104. Construction, size, appearance and maintenance of newsracks.
(a) Newsracks must be constructed in such manner as to withstand normal wear
and tear and extreme weather conditions and must be finished in such a way as to
provide easy and safe access by pedestrians using the public streets and sidewalks.
(b) Newsracks must be constructed and painted or colored in a manner that
allows them to be maintained free of rust,graffiti,or other signs of outdoor wear and
tear or abuse.
(c) Newsracks that in whole or in part rest upon, in or over any City right-of-
way must comply with the following standards:
(1) Newsracks must not exceed forty-nine (49) inches in height when
located within twenty (20) feet of a curb line or, if there is no curb,
within twenty(20) feet of the edge of the traveled way. At any other
location, they must not exceed fifty-seven (57) inches in height.
Newsracks must not exceed twenty-four (24) inches in depth, and
thirty(30) inches in width.
(2) No newsrack may be of such size as to visually obstruct the safe
movement of traffic, pedestrians or bicyclists.
(3) Each newsrack shall have affixed to it in a readily visible place, so as
to be seen by anyone using the newsrack, a notice containing the name
and address of the permittee and the telephone number of a working
telephone service for reporting a malfunction, securing a refund, or
giving the notices provided for in this Division.
(5) Each newsrack must be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack must be serviced and
maintained no less than once per week so that:
a. it is reasonably free of dirt and grease;
b. it is reasonably free of chipped,faded,peeling and cracked paint in
the visible painted areas;
c. it is reasonably free of rust and corrosion;
d. any clear plastic or glass parts thereof, through which the
publications therein are viewed,are unbroken and reasonably free
of cracks, dents, blemishes and discoloration;
100095204p 1] Feb.22,2008 Draft
-8-
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 9 of 11
• e. any paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading;
f. it is free from trash and graffiti; and
g. all structural parts thereof are intact.
See. 23-105. Voluntary publisher's association.
Permittees may,at their discretion,enter into a voluntary agreement for such term
of years as they deem appropriate for the purpose of establishing a unified system of
newsrack maintenance within newsrack corrals and elsewhere and for the purpose of
organizing and allocating the use of the space within the corrals as provided in Section
23-103. To that end,the participating publishers may establish,among other things,a
space allocation process, a dispute resolution process,a schedule for maintenance and
assignment of maintenance duties, a plan for monitoring newsracks, a rapid response
team to address maintenance concerns, a complaint process and such other provisions
as the permittees deem appropriate, which processes, schedules, plans and other
provisions shall be applied to the parties to the voluntary agreement. Nothing in this
provision shall be construed as relieving any permittees oftheir individual maintenance
responsibilities under this Division.
• Sec. 23-106. Handicapped accessibility requirements.
All newsracks shall comply with the requirements of the Americans with
Disabilities Act (ADA) and the regulations adopted thereunder and all regulations
adopted by the City regulating handicapped accessibility.
Sec. 23-107. Revocation of existing permits.
Current permits for newsrack encroachments in the public right-of-way are hereby
revoked, as of Apri130, 2008.
Sec. 23-108. Violations.
(a) Upon determination by the City Manager that a newsrack has been installed,
used or maintained in violation of the provisions of this Division, the City Manager
may revoke the permit and remove the newsrack or may order the permittee to
correct the offending condition. Any such order to correct an offending condition
may be issued by telephone or sent by facsimile transmission, or by registered mail,
return receipt requested to the permittee. The order must describe the offending
condition, suggest actions necessary to correct the condition,and establish a date for
compliance that is not less than five(5) working days from the date that the order is
sent or telephoned to the permittee. The order must inform the permittee of the right
• to appeal. The City Manager may remove the offending newsrack and revoke the
100095204:,1) 1'eb.22,2008 Draft
-9-
Attachment 7: Ordinance No. 031, 2008 Option 2 Publishers Submittal
Page 10 of I l
permit if the permittee does not remove the newsrack or if the offending condition is
not cured by the date set for compliance in the order. The City Manager must cause
an inspection to be made of any corrected condition of a newsrack or of a newsrack
that is reinstated after removal under this Section.
(b) Whenever the City Manager finds a newsrack that does not have affixed to it
the name and telephone number of the permittee, the City Manager must make
reasonable efforts to ascertain who the permittee is and notify the permittee of the
violation.
(c) Any impounded newsrack shall be treated as unclaimed property and
disposed of by the City if not claimed within thirty(30) working days.
Sec. 23-109. Appeals.
Any person or entity aggrieved by a finding,determination,notice,order or action
taken under the provisions of this Division may appeal to the City Manager as
provided in Chapter 2, Article V 1, of the City Code.
See. 23-110. Abandonment.
Any newsrack located on City right-of-way which remains empty for a period of
ten (10) continuous days after the City has notified the permittee of such condition,
will be deemed abandoned. The City Manager may remove any abandoned newsrack
from the City right-of-way and,unless the newsrack is claimed within thirty(30)days,
the City Manager may dispose of the abandoned newsrack or sell the abandoned
newsrack at an auction as unclaimed property.
{00095204;,1 j Fcb.'-2.2008 Draft
Attachment 7: Ordinance No. 031,2008 Option 2 Publishers Submittal
Page 11 of 11
• Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2008, and to be presented for final passage on the 18th day of March, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of March, A.D. 2008.
Mayor
ATTEST:
• City Clerk
{00091S15'^_J Fcb.2.2008 Draft
Attachment 8: Letter from DDA to Mayor and City Council
Page 1 of 3
..
.y
February _'b. ?OOS
Ilonorable Vlavor and i\lemhcrs of City Council
Citvof Fort Collins
3O0 LaPorte Avenue
Fort Collins. CO 80521
Dear Mayor Hutchinson and :Mcmbeis of City Council:
Two months ago the Downtown Development Authority Board of Directors (composed
mostly of independent business owners) approved the funding necessary to buy
condominium-style ne�ys racks for the central business district. The Board made it clear that
Ws decision was for the condominiums only— it %youkl not participate in the cost of other
corralling methods.
The Board based its decision on the following-
1. One of the DDA's missions is to help beautify the central business district.
While it may be in the eyes of the beholder, the Board believes condominium Units
are nnore attractive than the multi-shaped, multi-hued cast-plastic boxes.
?. The DDA Board took seriously a poll conducted by the Downtown Business
Association that of SO responses. 77 preferred the condominium units and one
thought there should be no news distribution.
;. The DDA Board believes that the condominium units provide excellent exposure
to all types, sizes and shapes of publications.
4. The DDA Board believes the content of a publication and not box advertising is
the substance and intent of the constitutional ri,,ht of tree speech.
DDA staff makes the following additional observations-
1. The DDA's financial commitment has been made with the specific intent that
an intergovernmental agreement will be entered into between itself and the City
that v3-ill clearhY define the timing of the transition front plastic boxes to
condominiums (to ensure there is no "down time" in the distribution of
publications). The IGA will also spell out provisions for care and maintenance.
The DDA cites the excellent job City Perks and Recreation has done in caring for
and maintaining Old Town Square since it assumed these responsibilities tironn the
private sector m o years ago. The improvement has been remarkable and the
•
Attachment 8: Letter from DDA to Mayor and City Council
Page 2 of 3
Authority has full confidence that the same dedication will be given to caring for
the eondonll Ili nnis.
2. The DDA is intrigued by the idea of using the condominiums as a canvas Ibr
artwork and would almost certainly consider helping to fund such an effort. This
is in keeping with the RDA's Beet Street initiative to significantly enhance the
arts and culture in the central business district. Artwork could help to clearly
identify the condominium locations as news distributions points,
3. DDA representatives attended the facilitated meeting between downtown business
interests and the publisher's group. The publishers suggested (only three were in
attendance)they might consider condominiums if more locations were permitted.
This is beyond the purview of the DDA although it suggests that since many of
the existing boxes are loaded with no more than two or three papers (including the
one in the window) more locations are hardly necessary to induce wider
circulation. USA Today boxes sometimes have no papers in them (neither the
USA box in Old Town Square or the USA box on the western half of the 100
block of West Oak had any papers in them as of 8:20 a.m. the morning of the date
of this letter). Furthermore, in addition to the street vending sites, publications are
found inside at least 40 retail businesses in the immediate downtown area. DDA
representatives must conclude that since some boxes have no papers in them the
sole purpose is to advertise the publication and that there is no need for additional
distribution points.
a. publications distributed inside retail establishments pay no rent. Those
distributed in the public right of way pay a one-time permit fee of$10.regardless
of the number of locations. Other retailers pay anywhere from $12 to $24 per
square foot per month. Given that the smallest boxes occupy 1.75 square feet of
ground, equivalent retail rent for this space would be$18 to $32 per month per
apace.
5. No other retailer besides the publications get to market and sell their merchandise
at as many as 50 different locations within the downtown neighborhood for the
one-time cost oi'$10.
6. Signage is regulated downtown, on the streets, on highways, on buildings, not just
in fort Collins, but in most communities across the United States.
1. DDA and DBA staff have been monitoring a few of the current collections of
plastic boxes. Litter had accumulated beneath most of the boxes including some
rotting, smelly trash. This will not happen with condominiums since they sit on
pedestals.
8. Condominium units are easily expanded to accommodate additional publications.
A corral system would have to be replaced to allow additional plastic boxes or
restrictions put in place, as proposed by the publisher's"voluntary" approach,
Attachment 8: Letter from DDA to Mayor and City Council
Yage 3 of 3
. governing who could and could not display merchandise. Under the"voluntary"
approach this governance responsibility would be in the hands of the publishers
which could easily deny access to competitive publications. This will not happen
with public oversight.
The DDA strongly urges City Council to approve the installation of condominium news
racks in the central business district and it stands ready to consider helping to find a
program of public art to enhance their appearance.
Thank you.
Sincefrt�ly,
Chi Steit er
Executive Director
•
•
Attachment 9: DDA Board Minutes December 13, 2007
Page l of 4
•
DOWNTOWN DEVELOPMENT AUTHORITY
Regular Dircctors'Meeting
Jack Wolfe,Chair 495-1298 (W)
Kelly Ohlson,Council Liaison 219-9814 (W)
Kathay Retracts,County Liaison 4984010 (W)
MINUTES of December 13,2007 REGULAR MEETING
The Board of Directors of the Downtown Development Authority met in Regular Session at 7:30 a.m.on
December 13,2007 at Home State Bank located at 303 Fast Mountain Avenue,Fort Collins,CO 80524.
PRESENT
George Brelig;McCabe Callahan;Carey Hewitt;Kim Jordan;Ryan Keiffer;Kelly Ohison,Kathay j
Rennels;William Sears;Patty Spencer;Steve Taylor;Jack Wolfe i
STAFF
Chip Steiner,DDA Executive Director;Matt Robenalt,DDA Project Manager;Joanna Stone,DDA Staff;
Carol Bennis,Bect Street,Executive Director;Kathy Cardona,DDA Staff;Jean Lamm&Maggie Hirko,
Beet Street
GUESTS INCLUDED
• Darin Atteberry,City Manage,Mike Jensen,Fort Collins Real Estate;Chuck Seest,Finance;Blue
Hovatter, Interested Citizen; Scoo Leary,Aggie Theater;Denise Weston,Transportation Planning;Rick
Price,Bike Fort Collins;DK,Bicycle Coordinator;David Short,DBA;Earen Russell, LPC;Mary Vino;
Ken Hejduk,Little Jacket,Christine Chin,Coloradoan;Josh Guernsey,Brinkman Partners;Bob Flynn,
Shamrock Taxi;Ben Marvel;Paul Mills;Ty Smith;David Dunn,Homes&Land Magazine;
CALL TO ORDER
Mr. Wolfe called the meeting to order at 7:35 a.m. Roll call was taken.
APPROVAL OF MINUTES
Nir.Hewitt moved to approve the minutes of November 8,2007.Seconded by Ms.Jordan,and passed
unanimously.
BIG IDEAS
Bob Flynn of Shamrock Taxi addressed the board regarding his plan to provide a service to visitors to help
get them from hotels to downtown and back. He is looking for letters of support for receiving PUC
authority for the service. Board consensus approved DDA staff drafting a letter of support for the program.
BOARD RETIREMENT
Carey Hewitt is retiring as a board member after a total of 18 years service to the Downtown Development
Authority. Chip Steiner presented him with a plaque in appreciation. Mr.Hewitt noted that his years on
the Board have been ajoy and a pleasure and he is looking forward to seeing what the DDA accomplishes
in file future. i
NEWS RACKS
Matt Robenalt recommended that the board increase the amount of funding for news rack condominiums
because prices have gone up since the proposal was first approved He is asking for the Boatel to increase
funding from the original amount of$75,000 to$90,000,which with the City's contribution of$25,000
brings the total to$115,000. An alternative proposal has been presented by a group of publishers that
Attachment 9: DDA Board Minutes December 13,2007
Page 2 of 4
DDA Minutes -
December 12,2007
Page 2
involves the construction of corrals around existing news distribution boxes and for the establishment of a -
voluntary policing program that would be run by the publications themselves. Both proposals will be
discussed at a City Council work session on January 8,2008.
The issues for downtown are the unsightly appearance of,the random organization of,and the propensity
for trash to collect around the existing distribution boxes. Staff points out that the Downtown Business
Association,an organization representing 120 private businesses in the central business district,strongly
supports the condominium approach over the publisher's proposal. A recent survey resulted in 80 votes to
support the condominiums to three that voted nay.
. Christine Chin,President and Publisher of The Colorndoan, speaking for the publishers group addressed
the issue of safety concerns around existing news racks. The publishers'proposal includes the creation of a
rapid response team to help maintain die racks. Their design would use local craftsmen to build the corals, ,
which would be designed to fit in with downtown. She asked that the board postpone any decision until
after the January 8i°City Council work session.
David Short commented that the DBA passed a resolution at their December board meeting in support of
the condominium racks. He noted that there are constant complaints about the appearance of existing news
racks and that in 2000 the publishers had agreed to self-policing,now there were many mote racks on the
streets. In response to Ms.Chin's position that the publishers would lose their ability to be distinctive,Ms.
Bennis noted that each publication has their front page to make distinctive within the condo unit.
Darin Aueberry clarified that it is not only the issue of aesthetics that is of concern. There are also
concerns about maintenance and safety. The City allowed the publishers time to prepare a proposal but
there are flaws in that proposal such as there is not standard for limiting the number of racks;it does not
address those who choose not to participate in the voluntary agreement;and,the growing numbers of
publications. If this is a good fit for other communities across Colorado and the rest of the country,why
would it not be a good fit for Fart Collins? The condominium proposal does not limit free speech.
The Board did not feel it was appropriate to delay action until after the Council work session.
I
Moved by Mr.Taylor;seconded by Ms.Jordan: To approve DDA participation of up to$100,000,
contingent upon the City's contribution of$25,000,for a total of$125,000 to purchase and install
modular news racks in nine(9)locations in the Downtown and In connection with the proposal
presented by the DBA/DDA/City staff in March 2007. The motion passed unanimously.
BEETSTREET
Elizabeth Hare,recently hired as Director of Cultural Arts Programming,was introduced. As can be seen
from the calendar,programming is really packed full with the addition of Elizabeth.
Carol Bennis reported that they were working on many infrastructure projects:centralized calendar;
centralized ticketing;an arts district marketing and communications plan;the amphitheater. Beet Street is
officially a non-profit corporation,but is still waiting for 501(cX3)status.
The 90 day action plan was also reviewed. Kelly Oblson asked that it be revised to reflect what rolls off
each month.
i
Attachment 9: DDA Board Minutes December 13, 2007
Page 3 of 4
•
DDA Minutes
December12,2007
Page 3
i
CONSENT AGENDA
pour items were on the consent agenda. Lucia Liley asked that Item Number 1 regarding the Beet Seeet
Executive Director's contractual authority be pulled for further discussion at the January board meeting.
The remaining items-UniverCity Connections director funding,the extension of Bas Bleu's commitment,
and,the extension of the DDA commitment to An in Public Places for the North College entry sculpture,-
were approved.
Moved by Mr.Sears;seconded by Mr.Taylor: To approve the consent agenda with the exception of
Item Number 1 which is to be pulled for further discussion. The motion passed unanimously.
BIKE PLAN
Rick Price requested that his request for DDA funding for a bike ambassador program be withdrawn
because he is satisfied that City and DDA staffs are working on these issues.
LOBBYIST I
The DDA is again being advised to hire a lobbyist to work on the tax increment amendment with the
Colorado Legislature. Mr.Steiner presented reasons for hiring a lobbyist at this time:the Fort Collins
DDA cannot maintain a constant presence at the capital--a lobbyist would be able to do this and could
react quickly to emergencies;the importance of this legislation mandates that we do everything possible to
ensure its passage. The cost of the lobbyist is minor relative to the stakes involved;DDA staff and others
• who are working on the amendment are not experienced in the process of getting state legislation drafted i
and approved. A skilled lobbyist can provide direction and advice;an on-site lobbyist can react rapidly to
counter-arguments posed to legislators and senators by other interests.
I le recommended the DDA do everything possible to ensure passage of the TIF amendment and that the
Board approve a$40,000 appropriation to cover the cost of lobbying services. Board discussion focused on
the issue of cast and whether the services of a lobbyist are needed. Mr.Wolfe supported the
recommendation stating it is the lobbyist's job to quarterback the legislation and make sure we get the right
people in the room at the right time. It is not the Executive Director'sjob. Ms.Jordan agreed,noting that
the cost is determined by the marketplace and that she fully supports hiring a lobbyist. It was decided to
bring the matter back at the January board meeting and perhaps have a better idea of the cost at that time.
SALES TAX REPORT
Chuck Seest announced that the October sales reflected in the November sales tax collections increased by
3.59a downtown and 6.7%citywide. There was a 4.SMo increase in hotel. There is sonic pressure on sales
of general merchandise but it remains to be seen if Northern Colorado will follow trends seen on the coasts.
Transportation costs are pushing up the price of food significantly. When asked what could be done to help
downtown retailers,David Short noted that the DBA hosts regular retailers meetings and the newly
launched gift card program should keep shopping money downtown.
UPDATES
i
Green BuBdia¢Criteria: Matt Robenalt noted that the ideas considered by the tears reviewing green
building criteria for DDA projects encompass a whole spectrum of green building practices,notjust energy
savings. The team will have its second meeting in January.
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Attachment 9: DDA Board Minutes December 13, 2007
Page 4 of 4
DDA Minutes
December 12,2007
Page 4
EXECUTIVE SESSION
Moved by Mr.Taylor,seconded by Mr.Sears:To move to Executive Session to discuss real estate
acquisition. This Executive Session for the purpose stated is authorized pursuant to CRS 24-6-402
(4)(1)(1). The motion passed unanimously.
Moved by Ms.Jordan,seconded by Mr.Keiffer:To move from Executive Session back to Regular
Session. The motion passed unanimously.
Moved by Ms.Jordan,seconded by Mr.Sears:To direct counsel to go forward with contracting an
agreement with the local chapter of the Elks Club on terms that will be publicly put Into the minutes.
The motion passed unanimously.
ADJOURN
There being no further business the meeting adjourned at 10:05 a.m.
i
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George.ffreligAseceetary
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Attachment 10 : DBA Resolution supporting proposed ordinance with member survey
Page 1 of 7
BUSINESS RSSOCIATION
RESOLUTION NO , 2007-01
OF THE DOWNTOWN BUSINESS ASSOCIATION OF
FORT COLLINS , COLORADO BOARD OF DIRECTORS
SUPPORTING THE USE OF NEWSPAPER
CONDOMINIUMS IN THE CENTRAL BUSINESS DISTRICT
WHEREAS , the Fort Collins Downtown Business Association , a 501 (c)6 membership
organization governed by an elected Board of Directors; and ,
WHEREAS , the DBA has worked with the City of Fort Collins, the Fort Collins Downtown
Development Authority, and with the publishers of newspapers and other periodic publications
on the development of a plan to improve the appearance of the central business district and the
distribution of said newspapers and other publications ; and ,
WHEREAS , in its deliberations , the DBA staff and the DBA Board of Directors has
considered a variety of solutions to the clutter of existing periodical distribution boxes , including
proposals from the publishing industry.
NOW THEREFORE , BE IT RESOLVED THAT THE FORT COLLINS DOWNTOWN
BUSINESS ASSOCIATION BOARD OF DIRECTORS unanimously supports the acquisition
and installation of uniform condominium boxes for the purpose of distributing newspapers and
other periodicals in the central business district and recommends the same to the City of Fort
Collins and the Fort Collins Downtown Development Authority .
ADOPTED this day of December, 2007 ,
Kevin Jones , President
Attest : Tom Watrous , Secretary
19 Old io:•:n Square • Suite 230 • Fo,t Collins. CO 80524 • tel 970.484.6500 • fox 970.484.2069
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4ttachment 11: Letter from Convention & Visitors Bureau supporting Option A
Page I of 1
January 22, 2008
Dear Mayor and City Council members:
At our regular meeting of the hoard of directors, we considered the issue
of the downtown newspaper and magazine racks and the proposal to]-
either "corral" or "condo' units. After presentation and discussion. the
board voted unanimously to send this letter of support for the newspaper
condominiums.
Recent research conducted by Colorado State University students on
behalf of the Convention and Visitors Bureau indicate that the beauty,
cleanliness of the city and downtown are major reasons for visiting. We
receive the same affirmations at our Downtown Information Center.
We have also surveyed visitors to the DIC, and with one exception, all
have been in favor of the condo option. The CVB also publishes its own
guide, which we are considering downtown distribution. If so, we would
be pleased with the condo option for our guide.
Thank you for considering our opinion in this issue.
Regards,
Cynthia Eichler Jim lark
Chairman r .ident and CEO
OPTION 1 - CONDOS
ORDINANCE NO . 031 , 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 , ARTICLE III, OF THE CODE
OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF ADDING
A DIVISION REGARDING ENCROACHMENT PERMITS FOR NEWSRACKS
WHEREAS , the Council recognizes that the use of City rights-of-way is historically
associated with the sale and distribution of newspapers and other publications, and that it is in the
public interest to encourage the widespread distribution of such publications; and
WHEREAS , the uncontrolled placement or poor maintenance of newsracks in City rights-of-
way detracts from the appearance of the rights-of-way and surrounding areas and can be hazardous
to the safety and welfare of persons using such rights-of-way, including pedestrians, persons
entering and leaving vehicles and buildings, and persons providing essential utility, traffic control
and emergency services ; and
WHEREAS, the City' s current permit system for encroachments does not adequately address
the unique circumstances and challenges related to the regulation of newsracks ; and
WHEREAS , the Council wishes to adopt a new set of regulations pertaining to newsracks;
and
WHEREAS , such system should include a requirement that, in certain areas of the City that
tend to be especially congested and/or that have particular architectural or historic significance, such
as the downtown area, newsracks should, as funding becomes available, be contained in one or more
central locations by means of a newsrack condominium; and
WHEREAS , if the number of applications for newsrack permits exceeds the number of
available locations, permits should be issued on a fair and reasonable priority basis of selection.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 23 , Article III of the Code of the City is hereby amended by the addition of
a new Division 5 to be entitled "Newsracks" to provide as follows :
DIVISION 5 . NEWSRACKS
Sec. 23 -96. Intent and purpose.
The purpose of this Division is to secure and promote the public health, safety
and general welfare of persons using City rights-of-way by regulating the placement,
appearance, size and servicing of newsracks in such rights-of-way. Nothing in this
I
Division is intended to discriminate against, or interfere with the publication,
circulation, or distribution of any printed material that is constitutionally protected.
Sec. 23-97. Definitions.
The following words and phrases, when used in this Division, shall have the
meaning respectively ascribed to them unless the context otherwise clearly indicates :
Bus Stop shall mean the area immediately adjacent to any marked bus stop,
consisting of a ten ( 10) foot wide strip parallel to the roadway measured from the
curb or, where there is no curb, the edge of the pavement, and running from the bus
stop sign for forty feet in the opposite direction of the flow of traffic .
City right-of-way shall mean an area dedicated to public use or impressed with
an easement for public use, which is owned or maintained by the City and is
primarily used for pedestrian or vehicular travel. City right-of-way shall include but
not be limited to, the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking
or parking strip, and any public way.
Newsrack shall mean any self-service or coin operated box, container, storage
unit or other dispenser installed, used or maintained for the display, distribution or
sale of a newspaper, magazine, periodical, or other similar printed material . A space
in a newsrack condominium is considered a newsrack if the context so implies .
Newsrack condominium shall mean a newsrack that is made of metal or other
material acceptable to the City, uniformly colored and that has space for two or more
periodicals, each of which is separately permitted under the provisions of this
Division.
Permittee shall mean the person responsible for placing and maintaining a
newsrack in a public right-of-way or for occupying a space in a newsrack
condominium.
Person shall mean any person or entity including, but not limited to, a
corporation, limited liability company, partnership, unincorporated association, or
joint venture.
Roadway shall mean that portion of a street that is improved, designed, or
ordinarily used for vehicular travel.
Sidewalk shall mean any surface provided for the use of pedestrians .
Street shall mean all the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, tree-lawns and sidewalks .
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Tree-lawn shall mean the area between the sidewalk and the curb of any street
or, where there is no sidewalk, the area between the edge of the roadway and the
property line adjacent thereto . Tree-lawn shall also include any area within a
roadway that is not open to vehicular travel.
Sec. 23 -98. Encroachment permit required.
It shall be unlawful for any person to erect, place, operate or maintain any
newsrack or utilize any space in any newsrack condominium on City-owned property
or any City right-of-way without first obtaining a permit from the City Manager
approving the location or occupation of such newsrack. A newsrack that is in place
but has not been authorized by a valid permit issued by the City may be removed by
the City without notice . The City Manager' s decision whether to issue or deny
issuance of a newsrack permit shall be made within fifteen ( 15 ) days following the
date that a complete application has been submitted to the City, or with respect to
applications filed under § 23 - 103 (b) below, such decision shall be made by April 30,
2008 .
Sec. 23-99. Application for permit.
The owner of a newsrack for which a permit is sought and any person seeking
to utilize any space in a newsrack condominium must submit to the City Manager a
signed application in writing upon a form provided by the City and, except with
respect to newsrack condominiums, a certificate of insurance with a limit of at least
one million dollars per occurrence, showing the City as an additional insured,
covering any liability arising out of the operation and maintenance of the newsrack.
The insurance carrier must be rated B+ or better. The application shall contain:
( 1 ) the name and address of the applicant;
(2) the proposed location of the newsrack or newsrack condominium; and
(3 ) the signature of the applicant.
Sec. 23400. Permit.
Permits shall be issued for each newsrack and shall not be transferrable to
another person or another location; provided however, that a permittee may use a
single permit for different publications at a single newsrack location during the life
of the permit, as the permittee so chooses, provided that the City Manager is first
notified in writing of the intended change of publication. Permits will be valid for
one ( 1 ) year unless earlier revoked pursuant to § 23 - 108 of this Division or pursuant
to Article IX, Section I I of the City Charter.
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Sec. 23 -101 . Issuance of a permit.
No permit may be issued unless the applicant has filed a written statement with
the City Manager, in a form satisfactory to the City Attorney, agreeing to indemnify
and hold harmless the City, its officers and employees, from any loss, liability, or
damage, including expenses and costs, for bodily or personal injury or property
damage sustained by any person as a result of the installation, use, or maintenance
of a permitted newsrack within the City. The permittee ' s obligation to so indemnify
the City and its officers and employees shall be contingent upon the City promptly
notifying the permittee in writing of any such claim and delegating to the permittee
all authority to control or compromise the defense of any such claim. Nothing herein
shall be construed as a waiver of immunity as provided by the provisions of the
Colorado Governmental Immunity Act, 24- 10- 101 , et seq. , C .R. S . Upon approval
of the application, each permittee shall pay an annual fee of ten dollars ($ 10 . ) per
permit prior to the issuance or renewal of the permit.
Sec. 23 -102 . Public safety criteria for placement of newsracks.
The following regulations shall apply to all newsracks placed in whole or in part
upon, in or over any portion of City-owned property or City right-of-way:
(a) No newsrack may be placed, installed, used or maintained:
( 1 ) within two (2) feet of the curb face of or pavement edge of any
roadway;
(2) within three (3 ) feet of any marked pedestrian crosswalk or entrance
to any public transit shelter;
(3) within five (5) feet of any fire hydrant, fire call box, police call box,
or any other emergency facility;
(4) on any portion of a pedestrian access ramp for disabled persons ;
(5) within three (3 ) feet of any of the following : parking meter posts,
traffic control cabinets, bicycle parking racks, public telephone
enclosures, kiosks, public works of art, entrances to any sidewalk
cafe enclosure or any portion of a driveway;
(6) on any portion of a tree grate, manhole cover, meter and/or valve box
cover, vent cover for underground utilities or on any granite or other
decorative sidewalk without special approval by the City Manager;
(7) in such manner that the effective, clear width provided for the
passage of pedestrians within the sidewalk portion of City right-of-
4-
way fails to comply with the provisions contained in the Larimer
County Urban Area Street Standards ;
(8) within the passenger boarding area of a designated bus stop .
(9) on landscaped areas or other pervious surface unless a concrete pad
has been installed on such surface, pursuant to a permit issued by the
City Manager;
( 10) when such installation, use, or maintenance endangers the safety of
persons or property;
( 11 ) when such site or location is used for public utility purposes, public
transportation purposes, or other public or governmental use
incompatible with newsracks ;
( 12) when such newsrack unreasonably interferes with or impedes :
a. the flow of pedestrian or vehicular traffic, including parked or
stopped vehicles, the ingress to or egress from any residence or
place of business; or
b. the use or maintenance of poles, posts, traffic signs or signals,
hydrants, mailboxes, or other objects permitted at or near said
location.
(b) Newsracks shall not be secured to the surface upon which they are situated
by bolts, but must instead be secured by weight or other anchoring device
approved by the City Manager.
(c) It shall be unlawful for any person, other than an employee or contractor
of the City who is taking action pursuant to this ordinance, to move a
newsrack without the authorization of the owner of the newsrack.
(d) It shall be unlawful for any person to deface a newsrack.
(e) No newsracks shall be permitted in mid-block locations unless the City
Manager determines that the placement of a newsrack at such location:
( 1 ) will not impede vehicular or pedestrian travel;
(2) will not cause a health and safety concern for the traveling public
such as a tripping hazard or sight distance issue;
(3 ) will not cause the newsrack to be placed within three hundred (300)
feet of any other newsrack;
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(4) will not cause damage to any City property;
(5 ) will not impede any irrigation system to private or City property;
(6) will allow for the placement of the newsrack within the right-of-way
at least two (2) feet behind the walk or in the tree-lawn between the
walk and the curb, and not a pervious surface;
(7) will not be secured to any City property, such as sign posts, street
light poles, signal light poles or trees ;
(8) will not be secured to any private property, such as fences or trees .
(f) If the number of newsracks at a location must be reduced for any reason,
the last permitted newsrack shall be the first to be removed, and so on, with
the first permitted the last to be removed. Any newsrack so removed shall
be permitted at the nearest available location acceptable to the permittee
without the imposition of a new permit fee.
(g) No newsrack may be placed, installed, used or maintained within the
boundaries of the area identified exclusively for newsrack condominiums
as shown on Figure A below. Within this area the City Manager shall
identify at least nine (9) locations for the placement of newsrack
condominiums . No more than one ( 1 ) set of condominiums may be placed
on each side of an intersection, and such condominiums must be cater-
corner from one another.
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Figure A.
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Sec. 23 - 103 . Allocation of spaces in newsrack condominiums ; selection
method.
Spaces in newsrack condominiums shall initially be allocated by the City
Manager through an application process during the period from ,April 1 through
,April 30, 2008 . Following the initial process, the City ' s process of allocation shall
include the giving of notice via the City' s website and the procedure set out in
subparagraph (c) below. The allocation and selection method for newsrack
condominiums placed within the City right-of-way will be subject to the following
provisions :
( 1 ) In the area identified exclusively for newsrack condominiums as shown on
Figure A, the number of condominium spaces available will determine how
many publications will be allowed therein.
(2) Initial applications for spaces in newsrack condominiums shall be
submitted between April 1 and April 15 , 2008 . Spaces in newsrack
condominiums shall be allocated on an equal priority basis and the
permittees shall be randomly selected by the drawing of lots under the
administration of the City Manager.
(3 ) After the initial allocation of spaces in newsrack condominiums, the public
shall be notified via the City ' s website when a location becomes available
for occupation. Persons seeking to occupy the available spaces shall have
fourteen ( 14) calendar days from the date of the notification to submit
applications for any such location. If more applications are received in that
period than can be accommodated at the location, all such applications
shall be put on an equal priority and the permittees shall be randomly
selected by the drawing of lots under the administration of the City
Manager. Any applications that are not granted through the foregoing
process or that are submitted after the fourteen ( 14) day period has expired
shall be granted on a space available, first come first served basis .
(4) If a publication has one ( 1 ) newsrack that has been permitted at a newsrack
condominium location, it may obtain a permit for a second newsrack only
after all other publications requesting initial permits have been issued.
(5 ) If a publication requests a permit at a newsrack condominium location
where it has no permitted newsracks but there are two (2) or more
permitted newsracks of another publication, the publication with multiple
newsracks must remove as many newsracks as necessary to allow for the
placement of the new newsrack, provided that no publication shall be
required to remove all of its permitted newsracks from such location.
(6) The spaces in a newsrack condominium will be determined by the City
Manager with the offered for sale publications generally located in upper
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areas and the free publications generally located in the lower areas in order
to better assist the customers in insertion of coins into coin boxes . The
spaces in a newsrack condominium will be allocated by the City Manager
based upon whether the publication is a paid publication or a free
publication and otherwise shall be randomly selected by the drawing of lots
under the administration of the City Manager.
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Sec. 23 - 104. Construction, size, appearance and maintenance of newsracks.
(a) Newsracks shall be constructed in such manner as to withstand normal
wear and tear and extreme weather conditions and must be finished in such a way
as to provide easy and safe access by pedestrians using the public streets and
sidewalks .
(b) Newsracks shall be constructed and painted or colored in a manner that
allows them to be maintained free of rust, graffiti, or other signs of outdoor wear and
tear or abuse.
(c) Newsracks that in whole or in part rest upon, in or over any City right-of-
way shall comply with the following standards :
( 1 ) Newsracks shall not exceed forty-two (42) inches in height when
located within the "sight triangle" as that term is described in the
Larimer County Urban Area Street Standards . At any other location,
they shall not exceed sixty (60) inches in height. Newsracks shall not
exceed twenty-four (24) inches in depth, and thirty (30) inches in
width.
(2) No newsrack may be of such size as to visually obstruct the safe
movement of traffic, pedestrians or bicyclists.
(3 ) No newsrack may be used to advertise anything other than the
newspaper or periodical sold therein.
(4) Each newsrack not affixed to a newsrack condominium shall have
affixed to it in a readily visible place, so as to be seen by anyone
using the newsrack, a notice containing the name and address of the
permittee and the telephone number of a working telephone service
for reporting a malfunction, securing a refund, or giving the notices
provided for in this Division. The City shall be responsible for
maintenance of newsrack condominiums except for the individual
doors, publisher nameplates/stickers and coin collection apparatus
which shall be maintained by the publication utilizing such door,
nameplate/sticker and coin collection apparatus . Notices affixed to
newsrack condominiums need contain only the name and telephone
number of the City office which is responsible for the maintenance
of the newsrack condominium, regardless of the number of permittees
actually utilizing said newsrack condominium.
(5) Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times . Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and
maintained no less than once per week so that:
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a. it is reasonably free of dirt and grease;
b. it is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas ;
c. it is reasonably free of rust and corrosion;
d. any clear plastic or glass parts thereof, through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discoloration;
eo any paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading;
f. it is free from trash and graffiti ; and
g. all structural parts thereof are intact.
Sec . 23 - 105. Handicapped accessibility requirements.
All newsracks shall comply with the requirements of the Americans with
Disabilities Act (ADA) and the regulations adopted thereunder and all regulations
adopted by the City regulating handicapped accessibility.
Sec. 23-106. Revocation of existing permits.
Permits are hereby revoked that are in place in the public right-of-way on April
30, 2008 .
Sec. 23 - 107. Violations.
(a) Upon determination by the City Manager that a newsrack has been
installed, used or maintained in violation of the provisions of this Division, the City
Manager may revoke the permit and remove the newsrack or may order the permittee
to correct the offending condition. Any such order to correct an offending condition
may be issued by telephone or sent by facsimile transmission, or by registered mail,
return receipt requested to the permittee . The order shall describe the offending
condition, suggest actions necessary to correct the condition, and establish a date for
compliance that is not be less than five (5) working days from the date that the order
is sent or telephoned to the permittee. The order shall inform the permittee of the
right to appeal . The City Manager may remove the offending newsrack and revoke
the permit if the permittee does not remove the newsrack or if the offending
condition is not cured by the date set for compliance in the order. The City Manager
shall cause an inspection to be made of any corrected condition of a newsrack or of
a newsrack that is reinstated after removal under this Section.
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(b) Whenever the City Manager finds a newsrack that does not have affixed to
it the name and telephone number of the permittee, the City Manager shall make
reasonable efforts to ascertain who the permittee is and notify the permittee of the
violation.
(c) Any impounded newsrack shall be treated as unclaimed property and
disposed of by the City if not claimed within thirty (30) working days .
Sec. 23 - 108. Appeals .
Any person or entity aggrieved by a finding, determination, notice, order or
action taken under the provisions of this Division may appeal to the City Manager
as provided in Chapter 2 , Article VI, of the City Code.
Sec. 23-109. Abandonment.
Any newsrack located on City right-of-way which remains empty for a period of
ten ( 10) continuous days after the City has notified the permittee of such condition,
will be deemed abandoned. The City Manager may remove any abandoned
newsrack from the City right-of-way and, unless the newsrack is claimed within
thirty (30) days , the City Manager may dispose of the abandoned newsrack or sell
the abandoned newsrack at an auction as unclaimed property.
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D . 2008 , and to be presented for final passage on the 18th day of March, A.D . 2008 ,
Mayor
ATTEST :
City Clerk
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Passed and adopted on final reading on the 18th day of March, A.D . 2008 .
Mayor
ATTEST :
City Clerk
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OPTION 2
PUBLISHERS ' COALITION PROPOSAL
ORDINANCE NO . 0319 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 , ARTICLE III OF THE CODE
OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF ADDING
A DIVISION REGARDING ENCROACHMENT PERMITS FOR NEWSRACKS
WHEREAS , the Council recognizes that the use of City rights-of-way is historically
associated with the sale and distribution of newspapers and other publications , and that it is in the
public interest to encourage the widespread distribution of such publications ; and
WHEREAS , the Council wishes to adopt a new set of regulations pertaining to newsracks;
and
WHEREAS , such system should include a requirement that, in certain areas of the City that
tend to be especially congested and/or that have particular architectural or historic significance, such
as the downtown area, newsracks should, as funding becomes available, be contained in locations
by means of a newsrack corral; and
WHEREAS , the City does not intend for the system of newsrack corrals established by this
Ordinance to cause, in its own right, or be used to impose, a reduction in the number of locations
of newsracks as are currently present within the downtown area; and
WHEREAS , the City intends for said system of newsrack corrals to operate in a manner that
ensures the greatest possible distribution of newspapers and other publications in Fort Collins,
including in the downtown area, and that as a result, in the event there are applications for newsrack
permits in the downtown area that exceed the number of then available newsrack corral locations,
the City will establish, to the extent funding is available, additional newsrack corrals to
accommodate the requested additional newsrack permits, but in any event, will always permit the
additional requested newsracks to the extent the requested newsracks otherwise comply with the
requirements of this Division.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 23 , Article III of the Code of the City is hereby amended by the addition of
a new Division 5 to be entitled "Newsracks" to provide as follows :
DIVISION 5 . NEWSRACKS
Sec . 23 -96. Intent and purpose.
The purpose of this Division is to secure and promote the public health, safety
and general welfare of persons using City rights-of-way by regulating the placement,
appearance, size and servicing of newsracks in such rights-of-way. Nothing in this
Division is intended to discriminate against, or interfere with the publication,
circulation, or distribution of any printed material that is constitutionally protected.
Sec. 23 -97. Definitions .
The following words and phrases, when used in this Division, shall have the
meaning respectively ascribed to them unless the context otherwise clearly indicates :
Bus Stop shall mean the area immediately adjacent to any marked bus stop,
consisting of a ten ( 10) foot wide strip parallel to the roadway measured from the
curb or, where there is no curb, the edge of the pavement, and running from the bus
stop sign for forty feet in the opposite direction of the flow of traffic .
City right-of-way shall mean an area dedicated to public use or impressed with
an easement for public use, which is owned or maintained by the City and is
primarily used for pedestrian or vehicular travel. City right-of-way shall include but
not be limited to, the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking
or parking strip, and any public way.
Newsrack shall mean any self-service or coin operated box, container, storage
unit or other dispenser installed, used or maintained for the display, distribution or
sale of a newspaper, magazine, periodical, or other similar printed material.
Newsrack corral shall mean an enclosure that is made of metal or other material
acceptable to the City, uniformly colored and that has space for two or more
newsracks, each of which is separately permitted under the provisions of this
Division.
Permittee shall mean the person responsible for placing and maintaining a
newsrack in a public right-of-way or for occupying space in a newsrack corral.
Person shall mean any person or entity including, but not limited to, a
corporation, limited liability company, partnership, unincorporated association, or
joint venture.
Roadway shall mean that portion of a street that is improved, designed, or
ordinarily used for vehicular travel.
Sidewalk shall mean any surface provided for the use of pedestrians .
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Street shall mean all the area dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, tree-lawns and sidewalks .
Tree-lawn shall mean the area between the sidewalk and the curb of any street
or, where there is no sidewalk, the area between the edge of the roadway and the
property line adjacent thereto. Tree-lawn shall also include any area within a
roadway that is not open to vehicular travel.
Sec. 23 -98. Encroachment permit required.
It shall be unlawful for any person to erect, place, operate or maintain any
newsrack or utilize space in a newsrack corral on City-owned property or any City
right-of-way without first obtaining a permit from the City Manager approving the
location of such newsrack. A newsrack that is in place but has not been authorized
by a valid permit issued by the City may be removed by the City without notice. The
City Manager' s decision whether to issue or deny issuance of a newsrack permit
shall be made within fifteen ( 15) days following the date that a complete application
has been submitted to the City, or with respect to applications filed under § 23 - 103
below, such decision shall be made by Apri130, 2008 .
Sec . 23 -99. Application for permit.
The owner of a newsrack for which a permit is sought and any person seeking
to utilize space in a newsrack corral must submit to the City Manager a signed
application in writing upon a form provided by the City and a certificate of insurance
with a limit of at least one million dollars per occurrence, showing the City as an
additional insured, covering any liability arising out of the operation and
maintenance of the newsrack. The insurance carrier must be rated B+ or better. The
application mnst shall contain:
( 1 ) the name and address of the applicant;
(2) the proposed location of the newsrack; and
(3 ) the signature of the applicant.
Sec. 23400. Permit.
Permits shall be issued for each newsrack and shall not be transferable to another
person or another location; provided, however, that a permittee may use a single
permit for different publications at a single newsrack location during the life of the
permit, as the permittee so chooses, provided that the City Manager is first notified
in writing of the intended change of publication. Permits will be valid for one ( 1 )
year unless earlier revoked pursuant to § 23 - 108 of this Division or pursuant to
Article IX, Section I I of the City Charter.
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Sec. 23- 101 . Issuance of a permit.
If a permit application complies with the requirements of this Division, the
application wifl-shall be approved, and a permit wifFshall be issued to the applicant.
No permit may be issued unless the applicant has filed a written statement with the
City Manager, in a form satisfactory to the City Attorney, agreeing to indemnify and
hold harmless the City, its officers and employees from any loss, liability, or damage,
including expenses and costs, for bodily or personal injury or property damage
sustained by any person as a result of the installation, use, or maintenance of a
permitted newsrack within the City. The permittee ' s obligation to so indemnify the
city and its officers and employees shall be contingent upon the City promptly
notifying the permittee in writing of any such claim and delegating to the permittee
all authority to control or compromise the defense of such claim. Nothing herein
shall be construed as a waiver of immunity as provided by the provisions of the
Colorado Governmental Immunity Act, 24- 10- 101 , et seq. , C .R. S . Upon approval
of the application, each permittee shall pay an annual fee of ten dollars ($ 10 . 00) per
permit prior to the issuance or renewal of the permit.
Sec. 23402. Public safety criteria for placement of newsracks.
The following regulations shall apply to all newsracks placed in whole or in part
upon, in or over any portion of City-owned property or City right-of-way:
(a) No newsrack may be placed, installed, used or maintained:
( 1 ) within two (2) feet of the curb face of or pavement edge of any
roadway;
(2) within three (3 ) feet of any marked pedestrian crosswalk or entrance
to any public transit shelter;
(3 ) within five (5) feet of any fire hydrant, fire call box, police call box,
or any other emergency facility;
(4) within fifteen ( 15) feet of any designated emergency parking are
(red curbs
(54) on any portion of a pedestrian access ramp for disabled persons ;
(65) within three (3 ) feet of any of the following : parking meter posts,
traffic control cabinets , bicycle parking racks, public telephone
enclosures, kiosks, public works of art, entrances to any sidewalk
cafe enclosure or any portion of a driveway;
(76) on any portion of a tree grate, manhole cover, meter and/or valve box
cover, or vent cover for underground utilities ;
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(87) in such manner that the effective, clear width provided for the
passage of pedestrians within the sidewalk portion of City right-of-
way fails to comply with the provisions contained in the Larimer
County Urban Area Street Standards ;
(98) within the passenger boarding area of a designated bus stop.
(1-69) on landscaped areas or other pervious surfaces unless a concrete
pad has been installed on such surface, pursuant to a permit issued by
the City Manager;
(i-f10) when such installation, use, or maintenance endangers the safety
of persons or property ;
(1z11 ) when such site or location is used for public utility purposes,
public transportation purposes, or other public or governmental use
incompatible with newsracks ;
(i-a12) when such newsrack unreasonably interferes with or impedes :
a. the flow of pedestrian or vehicular traffic, including parked or
stopped vehicles, the ingress to or egress from any residence or
place of business; or
b, the use or maintenance of poles, posts, traffic signs or signals,
hydrants, mailboxes, or other objects permitted at or near said
location.
(b) Newsracks must shall not be secured to the surface upon which they are
situated by bolts, but must instead be secured by weight, fastening to a
newsrack corral if available, or other anchoring device approved by the
City Manager.
(c) It shall be unlawful for any person, other than an employee or contractor
of the City who is taking action pursuant to this ordinance, to move a
newsrack without the authorization of the owner of the newsrack.
(d) It shall be unlawful for any person to deface a newsrack.
(e) Newsracks shall be permitted in mid-block locations as long as the
placement of a newsracks at the requested location:
( 1 ) will not impede vehicular or pedestrian travel;
(2) will not cause a health and safety concern for the traveling public
such as a tripping hazard or sight distance issue;
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(3 ) is will not cause the newsrack to be placed within one hundred ( 100)
feet of any other newsrack;
(4) will not cause damage to any City property;
(5) will not impede any irrigation system to private or City property; and,
(6) will allow room for within the right-of-waythe placement of the
newsrack within the right-of-way at least two (2) feet behind the walk
or in the tree-lawn between the walk and the curb, and not a pervious
surface
(f) If the number of newsracks at a location must be reduced for any reason,
the last permitted newsrack shall be the first to be removed, and so on, with
the first permitted the last to be removed. Any newsrack so removed shall
be permitted at the nearest available location acceptable to the permittee
without the imposition of a new permit fee.
(g) Within the boundaries of the area shown on Figure A below, newsracks
shall be placed within newsrack corrals to the extent that such corrals are
established and constructed by the City
( 1 ) In the event the City receives a permit application for a
location within the area defined by Figure A that does not yet
have a newsrack corral, the City Manager wii-shall promptly
determine whether the City will establish and construct a
newsrack corral at that location. If the City Manager
determines that a newsrack corral will be established at that
location, all newsracks at that location nmst shall be contained
within that newsrack corral. If, however, the City Manager
determines that he or she will defer constructing a newsrack
corral at that time, the applicant wiff-shall be granted a permit
to place a newsrack in the requested location without a
newsrack corral, so long as all other requirements of this
Division are met. Thus, the absence of a newsrack corral at a
location requested by a permit applicant will not act as a bar to
the granting of a permit for that location if all other
requirements of this Division would otherwise allow for a
newsrack at that location.
(2) The locations of the anticipated initial newsrack corrals are as
shown on Figure B below. Said locations are deemed to
comply with the requirements of this Division but the
newsracks located therein may be limited in size and/or
newsrack capacity by the City Manager in order to ensure such
compliance .
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Figure A.
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The locations shown on Figure B are illustrative only and are
not binding on the City Manager with respect to locations that
may be established for newsrack corrals
Sec. 23 -103 . Determination of locations within newsrack corrals ; selection
method.
The permittees having permits to place newsracks within a particular newsrack
corral wiWshall attempt to agree among themselves as to how to allocate the space
within the corral and waif such agreement is reached, shall report their agreed-upon
allocations to the City Manager. If there is a unanimous agreement among the
permittees, such allocations wiWshall be binding on all permittees who have been
given permits for that particular location. In the absence of unanimous agreement
among the permittees , the City Manager wiWshall allocate the specific locations
within a newsrack corral based on a lottery selection.
(b) After the initial allocation of space in a newsrack corral has been
determined, the public shall be notified via the City ' s website when a location within
a corral is or becomes available for occupation. Persons seeking to occupy the
available spaces shall have fourteen ( 14) calendar days from the date of the
notification to submit applications for any such location. If more applications are
received in that period than can be accommodated at the location, all such
applications shall be put on an equal priority and the permittees shall be randomly
selected by the drawing of lots under the administration of the City Manager.
(c) Any permit application for a newsrack permit at a specific corral location
that is not granted through the foregoing process because of the unavailability of
space within the specific newsrack corral shall be granted either for: (a) a location
within a new newsrack corral that the City will establish and construct at a location
as closely comparable as possible to the requested location, or (b) a comparable
location not having a corral that otherwise meets the requirements of this Division.
If a permittee seeks multiple permits for a single newsrack corral location, the
permittee must use its multiple permits for separate publications ; the permittee may
not use multiple newsrack permits for the same publication in the same newsrack
corral location.
Sec. 23404. Construction, size, appearance and maintenance of newsracks.
(a) Newsracks must shall be constructed in such manner as to withstand normal
wear and tear and extreme weather conditions and must be finished in such a way as
to provide easy and safe access by pedestrians using the public streets and sidewalks .
(b) Newsracks nmst shall be constructed and painted or colored in a manner
that allows them to be maintained free of rust, graffiti, or other signs of outdoor wear
and tear or abuse .
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(c) Newsracks that in whole or in part rest upon, in or over any City right-of-
way must shall comply with the following standards :
( 1 ) Newsracks nmst-shall not exceed forty-ninetwo (492) inches in
height when located within ,
is no curb, within twenty (20) f�et of the edge of the . the
"sight triangle" as that term is described in the Larimer County Urban
Area Street Standards . At any other location, they must shall not
exceed - sixty (60) inches in height. Newsracks mint
shall not exceed twenty-four (24) inches in depth, and thirty (30)
inches in width.
(2) No newsrack may be of such size as to visually obstruct the safe
movement of traffic, pedestrians or bicyclists .
(3 ) Each newsrack shall have affixed to it in a readily visible place, so as
to be seen by anyone using the newsrack, a notice containing the
name and address of the permittee and the telephone number of a
working telephone service for reporting a malfunction, securing a
refund, or giving the notices provided for in this Division.
(5) Each newsrack must shall be maintained in a neat and clean condition
and in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack must shall be serviced and
maintained no less than once per week so that:
a. it is reasonably free of dirt and grease;
b, it is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas ;
c, it is reasonably free of rust and corrosion;
d. any clear plastic or glass parts thereof, through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discoloration;
e. any paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading;
f. it is free from trash and graffiti; and
g. all structural parts thereof are intact.
Sec. 23 -105. Voluntary publisher' s association.
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Permittees may, at their discretion, enter into a voluntary agreement for such
term of years as they deem appropriate for the purpose of establishing a unified
system of newsrack maintenance within newsrack corrals and elsewhere and for the
purpose of organizing and allocating the use of the space within the corrals as
provided in Section 23 - 103 . To that end, the participating publishers may establish,
among other things , a space allocation process, a dispute resolution process, a
schedule for maintenance and assignment of maintenance duties, a plan for
monitoring newsracks, a rapid response team to address maintenance concerns , a
complaint process and such other provisions as the permittees deem appropriate,
which processes, schedules, plans and other provisions shall be applied to the parties
to the voluntary agreement. Nothing in this provision shall be construed as relieving
any permittees of their individual maintenance responsibilities under this Division.
Sec. 23-106. Handicapped accessibility requirements.
All newsracks shall comply with the requirements of the Americans with
Disabilities Act (ADA) and the regulations adopted thereunder and all regulations
adopted by the City regulating handicapped accessibility.
Sec. 23- 107. Revocation of existing permits.
Current permits for newsrack encroachments in the public right-of-way are
hereby revoked, as of Apri130, 2008 .
Sec. 23 - 108. Violations.
(a) Upon determination by the City Manager that a newsrack has been
installed, used or maintained in violation of the provisions of this Division, the City
Manager may revoke the permit and remove the newsrack or may order the permittee
to correct the offending condition. Any such order to correct an offending condition
may be issued by telephone or sent by facsimile transmission, or by registered mail,
return receipt requested to the permittee. The order must shall describe the offending
condition, suggest actions necessary to correct the condition, and establish a date for
compliance that is not less than five (5) working days from the date that the order is
sent or telephoned to the permittee. The order must shall inform the permittee of the
right to appeal . The City Manager may remove the offending newsrack and revoke
the permit if the permittee does not remove the newsrack or if the offending
condition is not cured by the date set for compliance in the order. The City Manager
must shall cause an inspection to be made of any corrected condition of a newsrack
or of a newsrack that is reinstated after removal under this Section.
(b) Whenever the City Manager finds a newsrack that does not have affixed to
it the name and telephone number of the permittee, the City Manager must shall
make reasonable efforts to ascertain who the permittee is and notify the permittee of
the violation.
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(c) Any impounded newsrack shall be treated as unclaimed property and
disposed of by the City if not claimed within thirty (30) working days .
Sec. 23409. Appeals .
Any person or entity aggrieved by a finding, determination, notice, order or
action taken under the provisions of this Division may appeal to the City Manager
as provided in Chapter 2 , Article VI, of the City Code.
Sec. 23410. Abandonment.
Any newsrack located on City right-of-way which remains empty for a period of
ten ( 10) continuous days after the City has notified the permittee of such condition,
will be deemed abandoned. The City Manager may remove any abandoned
newsrack from the City right-of-way and, unless the newsrack is claimed within
thirty (30) days, the City Manager may dispose of the abandoned newsrack or sell
the abandoned newsrack at an auction as unclaimed property.
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D . 2008 , and to be presented for final passage on the 18thday of March, A.D . 2008 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 18th day of March, A. D . 2008 .
Mayor
ATTEST :
City Clerk
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