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Item 8B.. AGENDA ITEM #8B APRIL 10, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Ordinance to require the standardization of newspaper racks in certain areas, to provide for the sharing of cost between users, limiting the City's liability and requiring maintenance SUBMITTED BY: Jim Hanson, City Mana DATE: Apri13, BACKGROUND: A representative for the eaches Leader newspaper (Steve Fouraker) has approached city staff with a request that the city consider requiring newspaper vendors and others to utilize a shazed rack system in the Town Center azea to improve the unsightly appearance of the collection of boxes next to the Ragtime Restaurant. A copy of a letter from Mr. Fouraker of the Leader group dated March 20, 2006 is attached. During a recent meeting with Mr. Fouraker and a vendor of rack systems, a number of provisions for an ordinance were proposed. Such an ordinance would set zones for requiring the use of modulaz units. Similar zoning ordinances in other Florida cities limit having any other news distribution points placed within 1000 feet of each other. Each newspaper vendor (or other distributor of materials claiming rights under the First Amendment) would buy an individual box which would be placed into a rack, the cost of which would be shared by each of the users. The cost to each user would range from $350 up to $600 depending on the specific box configuration. The ordinance would require a certain level of maintenance (including replacing boxes and/or rack when rusted), require a hold harmless agreement and registration from each user, and include a registration fee to cover the city's cost of administration. If the Commission would like to consider adopting such an ordinance, copies of similar ordinances from other Florida cities should be obtained, a presentation from a vendor should be scheduled and an opportunity should be provided to the other newspaper providers (and others) to have an input into the establishment of the ordinance. BUDGET: The cost of the system proposed would be paid by the newspapers and other material providers. There would be an administrative cost for city staff to handle the registration of each user, although a fee for that registration will be proposed in the draft ordinance. RECOMMENDATION: The Mayor and Commission should determine if you want to proceed. If ~"" so, staff will obtain information from other Florida cities, prepaze a draft ordinance, arrange for a brief presentation and notify other newspaper providers so that all can make comments. ATTACHMENT: Letter from Steve Fouraker dated March 20, 2006. ,. THE LEADER GROUP COMMUNITY NEWSPAPERS *THE BEACHES LEADER *PONTE VEDRA LEADER *SUNTIMES Phone: (904)249-9033 Fax: (904)249-1501 ~„ www.beachesleader.com Jim Hansen City of Atlantic Beach 800 Seminnole Rd. Atlantic Beach, F 1. 32233 Mr. Hansen, AGENDA ITEM #8B APRIL 10, 2006 March 20, 2006 Thank you for spending time with Sott and me. I understand the city has a concern about the proliferation of newspaper racks on city property next to The Ragtime Tavern in Town Center. We stand ready to work with you on this. *^* All of us here at The Beaches Leader consider ourselves good neighbors in the community we have served for over 40 years. Along with our function of delivering news and information to the citizens of the Beaches communities and remaining economically viable, the safe and aesthetic ~" display of our newspaper is an important element of our mission. We particularly value working with the City of Atlantic Beach when we display our newspaper on public property to insure both of our interests are satisfied. The representative from Gold Eagle News Racks outlined several ways newspapers and cities have worked together with regard to newspaper display on public property. While we view with caution any restrictions or cost-incurring specifications regarding the display of our newspapers, we think the uniformity of a modular style of newspaper racks might add to the ambiance of that ~'" portion of the Town Center. We would be happy to join with other publishers, city staff, and the Commission to create anaesthetically-pleasing, uniform presentation of newspapers at that location. ~. I would be happy to share with city officials or the City Commission any of the information I have gathered about cooperative arrangements, ordinances and other ways cities and newspapers have worked together to address the concerns of city governments, and protect the First Amendment guarantees afforded newspapers. You have indicated you would like to see what we can work out to create an alternative display approach at the area near The Ragtime Tavern in the Town Center. We would be happy to work deligently with you, other newspapers, and the newspaper rack people to not only insure a level AGENDA ITEM #8B APRIL 10, 2006 playing field between competing ideas and products, but to do it in a way that fits, as much as possible, with the attempted ambiance of this particular public area. As we we proceed, I want to reiterate that we intend to consider other areas in the city for distributing our newspaper. We are pleased that room for newspapers is included the postal box island being constructed on 19th Street. We also think that a newspaper island would be logical and in the public interest somewhere on the Atlantic Beach City Hall property. Whether the City of Atlantic Beach decideds to move ahead with some sort of regulation of newspaper racks in a comprehensive or place-by-place manner, we will work to insure an agreeable outcome in every way possible. Sincerely, Steve Fourake Circulation Manager ~.