Meeting Packet - Downtown Management Commission - 10/07/2002~~~~~
DOWNTOWN MANAGEMENT COMMISSION
REGULAR MEETING - October 7, 2002 - 5:30 PM
Municipal Building Lobby
1777 Broadway
AGENDA
1. Roll Call
2. Approval of September 9, 2002 Minutes
3. Citizen Participation
4. Police Update
5. Parks Update
6. BID UpdaYe
7. Pub(ic Hearing and consideration of a motion to recommend to City Council a newspaper box
ordinance for the downtown and hill areas.
8. Public Hearing and consideration of a motion to recommend to City Coimcil an ordinance
amending ag~ressive begging and prohibiting staying on medians
9. Presentation of tlie 2002 User Survey Results
10. Matters froin the Commissioners
I 1. Matters from the Director
• Point West Properties Update
• Malt Master Plan Update
• Video of Rocks being placed
• NPP Commuter Sunset Update
• Retreat Dates
• IDA Conference
Attachment
-July Sales Tax
-Downtown Doulder Survey
DMC 2002 Areas of Focus
• Revisions of Vendor Cart Policy
• Public [nforcnation Enhancements
• Budget issues - Alternative issues & Rate increase
• CAGID Long Range Maintenance
• Board Meetings - Different Venues:
• Field Trips/Joint Meetings
DUHMD/PS Areas of Focus
• 9~~' & Canyon
• Pearl Street Mall
• Master Plan
• 25`+' Anniversary
• Hill Revitalization
• Parking
• Transaction Enhancements
• Rate Increase
• PCO Staffing
• NPP Sunset
• Transportation Resource Center
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS MCETING M(NUTES FORM
NANIE OF BOARD/COMN[ISSION: DOWNTOWN MANAGEMENT CONIMISSION
NAME/TCLEPHONE OF PERSON PREPARING SUMMARY: LORRAINC ZAMORA- 303-413-7318
NAMES OF MEMBERS, STACF AND INVITED GUCSTS PRESEIVT: Winter, Jimenez, Zamoru, Wnrd, Cunninghnm, , Sergeant
Gerherdt, Officer Schelble,
BOARD MEMBERS: POLIC, KARAKE[-IIAN, ROSALL. GETCHES, STANZIONE
t- ROLL CALL: Meetine was called to order and roll call taken at Sa0 PM
AGENDA ITEM 2- APPROVAL OF JULY 22, 2002 MINUT~S: (See Action Item below)
AGENDA ITEM 3- CITIZEN PARTICIPATION: NONE
AGENDA ITEM 4- POL[CE UPDATE: Sergeant Gerhardt passed out court exclusion orders. tVames may be purged
as he updates the Iist. He gave out the trimester report on target crimes and he is working on the panhandling
ordinance. There was discussion on panhandling, lights on private property, and grafSti.
AGENDA [TEM 5- PARKS UPDATE: Status of Trees - Peclc spoke about the mall trees. He said there were
restrictions on watering trees but he will find out the details and let the board know. He said the mall trees are in better
shape than trees in other areas of the city. The drought and watering was discussed, holiday lights, soap in the
bathroams - need tamper proof container-, and flawers on the mall next year. We won't know the drought situation
until next May, but he will look at seriscape Puul Hester will soon get emaiL There is a 1500 dollar A week
maintenance fee for the pop jet fountain. Winter said she is trying to get someone from the pool system to maintain the
Pop Jet. It is successful but costly to keep.
AGENDA ITEM 6- BID UPDATC: Jenkins said 7:30 am tomorrow there is a budget meeting for additional security
for busy times on the mall. Incidental gratfiti is almost under control. She suggested reporting it if someone is seen
posting flyers on poles. Police will issue a ticlcet to those posting flyers. The B[D trnclc was vandalized. It was parked
on an upper floor of the Pearl St parking structure. Mayhew and Winter will allow the BID truck to park on a lower
floor. Jenkins spoke about the alley walk and looking for places where Iighting will help. Thurs is the Downtown
Community Exchange. The theme is holiday. September 27, 28, 29 is the Fall Festival. Munchkin masquarade and
Switch on the Holidays wus discussed. The web site will be up in the next two weelcs. Jenkins said they have a new
program called Shop and Ski. You can get Copper Mountain tickets ut 2 for 1 if $100 is spent in a day on the mall.
Jenkins spoke about BID Board nominees. She said there are 6 upplicants for 3 positions open. The Ice skating rink
will be on 9'" Street aQain this winter.
AGCNDA ITEM 7-[NTRODUCTION OF CHRISTINE ANDERSON, ACTING CITY MANAGER: Winter
introduced Anderson to the Board. There was discussion on 9`h and Canyon
AGENDA ITEM 8- 9 AND CANYON UPDATE: Ingvar Sodal of Village Arts Coalition spoke. He said VAC plans
and wmmitments are still there. Civic Use was discussed. Bruce Porcelli updated the Board on 9`" and Canyon.
Porcelli said he submitted technicai documents. He's still hoping to breuk ground this year. Things are coming together
financially. He said iYs a preferred hotel, a 4 star stutus property, in line with the Brown Palace and Broadmoor.
AGENDA ITEM 9- BROADWAY CONSTRUCTiON UPDATE: Noreen Walsh gave the update. Construction
will last about a year. Phase 1 is the East side of Broadway. West side is phase II. She updated the board on
Broadway closures. Doorway access will be available at all times. Alleys will be open but night time closures may
occur, Peari St. crossing witl always be open but maybe not fuil width. Bus detours will occur. The public is made
aware of the construction by radio, web site, newspapers and meetings. Win[er said we are striving to
communicate with the public to let them know what is happening. Polk usked about the timing af the project.
AGENDA ITEM 10 - MATTERS FROM THE COMMISSIONERS: Stanzione spoke about the good cooperation
between the downtown community and Chamber of Cammerce,'and spoke about the panhandling issue. Getches
said the mall celebration wus fabulous.
AGENDA ITEM 11- MATTERS FROM THE DIRECTOR:
• Mall Master Plan Update Winter said it is narrowing down now. She advised the Bourd about the
stone going in on 11`^ St. Hopefully it will be on the mall in 3 weelcs. She gave an update on the stone
facing, the children's bridge and the shade sYructure. She's looking at a dedicatiorc ceremony in
October. K~rakehian asked if we're still within budget. Winter said yes, perhaps under budget. Therc
was a discussion of a brick wall being place on 14th Street because of the gravel.
• Fiber Optic Agreement for Rundolph Center- Wireter discussed this issue.
• Review ot DMC 2002 goals and DUHMD/PS Goals - Winter asked the Board to look ut some of the
goals stated in the areas of focus. Vending carts - there is a tremendous amount of interest. Public
Information enhancements. Budget issues. Getches would like a report on parking garages.
• Newspaper Boxes Update meetings. We're close to having un ordinance
• Behaviors Associated with Panhandling Update
• Sules Tax - Jimenez updated the Board on sales tax
ACTION ITEMS:
MOT[OtY: POLK MOVED TO APPROVE THE JULY 22, 2002 MINUTES. STANZIONE SECONDED.
APPROVED UNANIMOUSLY.
MOTION;
MOTION:
Adjourned at 8:00 PM
FUTURE MEET[NGS:
Oct. 7, 2002 5:30 Regular Meeting
Council Chambers
APPROVED BY:
Attest:
DOWNTOWN MANAGEMENT COMMISSION
Ann Getches, Chair
Lorraine Zamora, Secretary
9/30/02 draft
ORDINANCE NO.
t1.~~] ORDIN~VCE AIYIEi~tDINGTITLE 4, B.R.C.1981, CREATTiVG
A SYSTEyI OF PUBLICALLY INSTAI,LED NEWS BOXES IN
THE DOWNTOti~TiV <=L~ID UiVIVERSITY HILL RIGHTS-OF-WAY
AND PROVIDING FOR THEIlZ LEr1SE TO PLTBLISHE125 OF
PRINTED NI~TERit-1LS, SETTING THE LEASE PAYI~~NT
Ai~(OiNTS ~IVD CON~TTIONS, PROI~ITINCt OTHER ~1EWS
BOXES ON SIDEW~LKS tN THESE TWO ARE.4S, AND
SETTING FORTH DETAII.S IN RELATION THERETO.
BE TT ORDAIN~ED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section I. Title 4, B.R.C. 1981, is amended by the addition of a new chapter 4-26 to read:
TTTLE 4 LICENSES A.i'VD PERMITS
Chapter 26 News Box Leasesl
`Adopted by Ordinance No. (2002).
~ 26-1 Le~ sIatzve 7ntent.
(a) Newspaper vendin; machines on or adjacent to public sidewalks are a valuable method of
distributing news and other information to the public. However, they constitute a fixed
physical incrusion on public properry, and their indiscriminate location on sidewalks can
unnecessarily obstruct the primary function of rhe sidewalk, which is to allow persons to ;o
from one place to another. They also can constituce visual blight, and can be distractinj to
motorists and pedesuians, and in Boulder they have had atl of these effects. Furthermore;
no other commerciai activity would claim a riQht to physical occupation of the public
sidewalk by proprietary structures in an unregulated manner, and even public utilities which
have a high degree oY autonomy from locai re,ulation still must not interfere wich the
primary funcuons of Che streets and sidewallcs for which they have easemen~s, aspress or
implied.
(b) The ciry has carefully regulated the plac~ment and form of newspaner vendins mac:unes on
its dnwntown ma11 since its inception in 1977 by providin~ news box banks onco which
newspapers and uther periodicals may install an openable face plate and their periodicals.
Tnese serve to ~oup the newspaper vendin; mactunes in a few orderiy and carefuily chosen
F'.`,CC.iD~o-newsnozlease.jzz.wod
locations, and this has struck an appropriate balance between the competin~ needs for use
oF inall space and has allowed mali visitors and those who would serve them with
publications reasonable opporiunities to receive and ~ive informanon. However, the mall
contains si7~nificandy mors pedesU.ian space than do the other streets and sidewalks in the
downtown and Universiry Hill areas of the city. The continued vitaliry oT the city's
downtown and University Hill area has made downtown and Hill sidewalks increasingly
consested, and thus, attractive temptin, locations for those who wish to disseminate
information thrnuoh aewspaper vending machines. The legislative record is replete with
instances where unregulated placement oY these machines, whether individually or in long
phalan.Yes, have interfered with access to fire hydrants and parking meters, blocked access
from vehicle parl;.in; to the sidewalk, interfered with bus stops, obstructed views in the
corner siPht triangle, and most poi;nantly have added to the difficulties that persons with
mobiliry problems face in navi~atin~ the sidewallt. Fur[her, sigruficant portions of the
downtown are within an historic distri~t, and the unre~ulated placement and appearance of
proprietary newspaper vending machines interferes with the laistoric appearance of the area
and the purposes of the district.
(c) Because of the problems associated with Boulder's Yierce winds, it is essential that
proprietsry newspaper vendin~ machines be eliminated and that any news box or other rack
or device servin~ any similar funcuon in the distribution of publications be finnly affixed to
the ~tound, and have a suitably functionin; cover so that the materials aze not scattered
about. Permanent installation in turn requires city ownership to allocate fairly
responsibilities and privileges to users of the ri;ht of way.
(d) Accordin~ly, this chapter is intended to rewlate the desi~n and placement of newspaper
vendin~ machines within the riaht of way in the downtown and LTniversity Hill commercial
areas of the city, where lack of rewlation appears ai present to present che most acute harm
to the public ?ood. However, the amount of space which can be devoted to news boses is
limited, and thus, of nacessicy, a method of alloca.ting that space must be devised.
(e) The city council has careiixlly considered what the best method of allocatin~ this scarce
public property resource for private news boxes might be, and has deternuned that the news
bos bank mechod, similar to what has been used on the downtown mall, best fics the
circumstances of the downtown and University I3iI1 areas> supplemented as needed with an
additionai box with multiple spaces for publications which are free and ~ene:ally physically
smaller.
(fl The city council has decermined that joint use news boxes should be used in addition to
indi~~idual news boxes, in order to accommodate free publications chat cannot aTford an
individual nesvs bos.
K:,CC.~f)\a~uews6oxleasa.izz.wnd ?
(,;) News boses on the downtown Boulder Nlall shall continue to be reguiated in accordance
with Chaptez 4-11, `i'~lall Pernuts and Leases," B.R.C. 1981. _
(h) In adoptin? these regulations, the cotmcil intends to avoid doing anythin~ which could be
construed as censorship of the content of the publications placed in these news boxes, or of
vesting standardless or unreviewable discretion in any public o~cial which could be used
to affect the content of the publications which appear in these news boxes or otherwise
interfere with ri~hts ~uaranteed under the First Amendment, and this chapter and any other
provisions of the code ancillary to it shail be in~erpreted so as to avoid any such
unconstitutional applications.
=~-26-2 Area Re~lated.
Newspaper vendin~ machines are regulated by this chapter within the public righ[ of way in only the
following areas of the city:
(a) The downtown, defined as the area included within the Dawntown Boulder Business
Improvement District established by Ordinance No. 6095, but escludin~ the downtown
Boulder mall. A map showin,; the downtown boundaries is Appendi~ A to this chapter.
(U) The University HiII commercial district, defined as the west side of Broadway from
University Avenue to College Avenue; Pennsylvazria Avenue from Broadway to the alley
west of Thirteenth Street and also includin; the right of way abutting the property on. tfie
north side of Pennsylvania just west of the alley; Thineenth Straet from Pleasant Street to
College Avenue includin; the right of way abuttin~ the two northern most properties sauth
of Co11eQe an the east and west sides of Tlvrteenth Street; Founeenth Street south of Colle;e
on che west side from College to the southem edge uf the Universiry HilI General
Tmprovement District pazkin~ Iot; and Colle~e Avenue from the alley west of Thirteenth
Street to Fourteenth Straet. A map showin~ the Universiry Hi11 commerciai district is
AppendiY B to dus chapter.
(c) These two areas are collectively called in this chapter "the news box district."
=~-26-3 De~nitions.
As used in ihis chapter, the following terms have the followinP meaninQs unless the contestrequires
otherwise:
"7oint use news bos" means a s•eparate stn~cture desisned to hold newsaapers or other publications
and proteet ~hem from the eiemencs, thac ean be installed as oan of a news box banh, anci that eoncain
[i.`.CC.iD~a-nevrsbaxiease jz. ~.vpd ~
provision for at least nine single slots for the distribution of severai free publicarions, which
materials passers by may obtain by opening a common door or doors without payment.
"News bos" means one space in a news box bank desi~ned to holdnewspapers or otherpublications
and procect them from the eIements, which materials passers by may obtain by openin~ a door,
whether after depositin~ money in a device which unlocks the door, or without payment by the
customer, dependin~ on the mazketin~ of the publication. Where the conte:ct requires, news box also
mesns a space in a joint use news box, ruid is used to indicate righcs and responsibilities which aze
common to lessees of either type of space.
"News box bank" or "bank" means s structure or group of structures in one location erected by the
city and firmly affixed to the ~ ound with compartments which serve as a number of separate news
boses, and which may include a joint use news box.
"Newspaper vending machine" means a device desi;ned to hold newspapers or other publications,
and from which passers by may obtain the materials, whether after depositing money in a device
which unloc:ts a dooz, or otherwise without payment.'
"Proprietary newspaper vendinQ machine" means a newspaper vending machine placed or
maintained on the public right of way within the news box district by a person other thaa the city.
"Publication" means a periodicai which:
(a) Is published at least four tunes a year in different issues with sufficiently difFerent
concent or format so one issue can be resdily distin;uished from the previous issue;
and
(b) Is formed of printed sheets. The sheets may be die cut or deckie-ed~ed, and may be
made of paper, cellophane, foil, or other similar materials.
"Pu6lisher" means the person who pays to have a publication princed or othenvise causes a
publication to be printed or ocherwise reproduced.
"Right of way" means a public street from propeny line to proneny line, buc does not include alleys
or paths not located within a street ri~hc of way. It also includes an aasement or ocher ri,ht adjacent
ta the ri~ht oT way which ~he city has acquired from the properry owner for the purpose of locatin;
news bo:ces.
"Space" mesns a fixll sized news bos with a separate door, which may be coin operated, or a slot,
ei[her double sized or sin,le sized. in ajoint use news Uox, installed as parc oT a news box bank.
K!,CC.:D\a-r~ewshaxlease.jzz.wod `~'
4-26-~- Location of News Bos Banks.
(a) The city council finds that the city mana~er has surveyed ~he news boe district to deternune .
the Iocations of esistin~ proprietary newspaper vendina machines, the locations which are
suitable for news box banks, and the appropriace size of each bank. The mana~er has used,
in evaiuatin,; each location, general criteria to deternune the effect on pedestrian and
emer~ency services access on, to, and from streets and sidewalks, and public transpona[ion,
required maintenance of public faciliry infrastructure, vehicular safecy, and the effect of the
location, mass, and bulk of news box banks on the streetscape aesthetics of each block face,
and has specitically considered sidewalk width, parkin~ meter access, including access by
pe:sons with disabilities, access to bicycle parkin„ access to fire hydran~s, access to bus
stops, aceess to benches and crash receptacles, maintenance access to street trees, planters,
utility and si~nal poles, access oenerally from the streeC to the sidewalk and the sidewalk to
the street, blocking of views at intersections, alleys, and driveways, distance from
intersections and driveways and aileys, distance from buildings, and the visibility of public
art, and has determined the appropriate location for news box banks on each block face after
taking into consideration the current iocations and numbers of proprietary newspaper
vendin~ machines. The council has, after holding a public hearin~, considered these
determinations of che manaQer, and herebyratifies them and adopts them as reasonable place
and manner re~ulations of news box bank locations which reasonably reflect the carryin~
capacity of the news bos district for news boxes within the right of way. These
determinarions are included in Appendices A and B to this chapter.
(b) The city council finds that the city mana~er has surveyed the news box district to deternune
how best to relocate the users of a4isting proprietary newspaper vending machines into news
bos banks located as specified in subsection (a) of this section. The council has, after
holdin~ apublic hearin~, considered these deternunations of the mana~er, and herebyratifies
them and adopts them as ressonable place and manner reQulations of news box bank
locations, and includes them as <m uncodified eshibit to the ordinance adopring this chapter
to govem the transition to the news box bank system.
(c) Should, in the future, any news box bank require temporary or permanent removal because
of construction or reconfiguration of the streets, sidewalks, or other portions of Che riQht of
way, the city manager is directed to provide a replacement or replacements, if the removal
is reasonably espected to esceed three months, located as conveniently to the removed banlc
as is reasonably pracricai. This may include pIacement of individual news boxes in vacant
places in esistina news box banks, or use of available slots in joint use news boxes, if there
ate such.
(d) If the citv manage: receives an application for space in a news box within the news box
district wluch cannot be accommodated by a vacant spac~ in an esisting news bos bank, :uid
K.1CCAD\o-newsboxlease.jza.•,vod ~
the applicant does not wish to be placed on the waiting list for such a space to become
available, the manager sha11:
(1) First, determine if any of the locations approved by the council lacks a news box
bank, or lacks a news box bank. which fills the capacity of the location. If there is
such an available location the manager shall, within thirry days of receipt of the
application, order a news box bank or portion of a bank if none are in inventory, and
install a news box bank or increase the size of an esistin~ news box bank at that
Iocacion in order to satisfy the application. If components must be ordered, the city
mana~er shall instail Them within thirty days oT cheir delivery. If the money
appropriated for this purpose has been expended, the mana;er shall request that the
council appropriate such funds as may be required to implement this paragraph, but
shall not be required order or install anytlvng until required Yunds are appropriated.
(^_) Second, if there is no approved unused space, and an applicant requests a space, the
manacer shall make s survey of the news box district to detennine if, due to changed
condirions, any new location is available for news box purposes. If the mana~er
determines that there is a new location or locations, the manager shall report this to
the city council within two months, together with the necessary amendment to the
Boulder Revised Code to amend the location maps (Appendices A and B to trus
chapter). If, however, within the previous six months the manaQer has made a survey
and determined that there is no available new location, or that there was a new
locstion but all new locations have since been approved and filled, or the council has
determ.ined that such locauon was not suitable, the mana~er shall not be required to
do a new survey until siY months have passed since the previous survey. Lf the
council approves a new locauon, the mana~er shall proceed under pazagraph (d)(1)
of this section.
(e) If leases for inst~lled news boxes or spaces in joint news boxes expire, and no applicant on
the waiting list enters into a new lesse, the city manaQer may remove the unused box, boxes,
or bank. If an application is received which could be satisfied by a removed box, the
manaser shall proceed under paza;raph (d)(1) of this section.
(fl For the purposes of subsections (c) and (d) of this seccion, the downtown business district
and the University Hill district shall be treated as sepazate districts.
4-26-~ Installation of News Box Banks.
(a) The city manager shall install news box banks as funds ate appronriated for the purpose so
chat [he esiscin; proprie[ar;r newspaper vendins machines can be removed. The manager
shall install news box banks on a bloc.ti Tace basis, and no owner ot an esisting proprieta~!
{ `,CC ~D\o~ne.vsbaxlease.jzz.wpd 6
news box on that block face sfia11 fail to remove it within fourteen calendaz days thereafter.
Thereafrer, any proprietary news box within the ri~ht of way is declared to be a public _.
nuisance, and may be summadly removed by the ciry manager, who may dispose of it in anv --
convenient manner after ten days. If the bos is Still in the possession of the city when the
owner applies eo the manager to get it bac?c, the manaPer shall require full payment by the
owner of the reasonabie cost of removal and storage, plus fifteea percent for administration,
before releasin~ the box.
(b) The city mana~er shail provide the opportunity to install at Ieast one joint use news box as
parc of each bank at the time of initiai implementation of this chapter. If a bank does not
have a joint nesvs box attached as part of the initial implementation of ihis chapter, the
manager may treat the bank as a location with available space and sha11 proceed in
accordance with Paragraph ~ 26-~(d)(1), B.R.C. 1981,if and when application is made
thereunder. °'
(c) When installing news bo~es and news bos banks, the ciry manager shall consider sections
~}-26-1, "Le~islative Intent," and 4-26-4, "Location of ~iews Box Banks," B.R.C. 1981, and
shall in addiuon follow these standards:
(1) No banlt or box shall be instatled so that the face of the box which opens is less than
three feet from the curb.
(2) The linear foota~e of banks on any block face sha11 not esceed twenty per cent of the
linear footage of the block face, messured from the property lines at each end of the
block.
(~) No news box bank sha11 be 1on,er than thirty linear feet.
4-26-6 News Box Use.
(a) On and after , 200_, no person shail install or use any newspaper vendinQ
machine or similar device on ~he public ri~ht of way within the news box district other than
in accordance with this chapter in a news box bank provided by the ciiy.
(b) Spaces in the news box banks installed in the news box district are ~vailable for use by lease
as provided in Chis chapter. Buc such leases shall be govemed entirely by the provisions of
chis chapter, and withouc reference ~o principles of landlord-tenant law. The provisions of
Chapter ~-1> "Gene:al," B.R.C. 1981, concernin; approvai, denial, and tevocation shall apnly
to udministration uf news box leases, including the ~pplicable provisions of Chap~er 1-3,
"Quasi-7udicial Hearings," B.R.C. 1981, bu~ at the demand of the applicanc any quasi-
judicial hesring shali be~in no Iess chan five worh~ns days nom receipt af the demand by the
ciry manage:, and shail noc be con~inued, o~her than by agreemen~ uT che patties and ~he
I~:1CC.\D\a-ne•.vsboxleane.ju.~.wd ~
hearin; officer, escept at the instance of the applicant for good cause shown or at the
instance of the city ~o prevenc manifest injustice.
(c) A news box Iease for an individual news boe, a double sized slot in a joint use news bo:t, or
a sin?1e slot in ajoint use news box is available to an~one who wishes to place a publication
therein. A news bos lease is available for any par~icular publication for only one space in
each of the b~uiks within the news box district, and only one publicntion may be placed
within a space. In order to be eliQible for a lease, the applicant must be the publisher of the
pubIication placed within ~. space, or an agent of a publisher. Where the applicant is an
a;ent, the applicant sha11 so indicate, and the lease sha11 be vaiid only for the publications of
such publisher and may not be assi;ned or transferred.
(d) ' The user may place a coin lock mechanism on a full sized box at the user's espense. Slots
in a joint use news bos shail contain only publications which are free.
(e) The user shall not place anythinQ on the este:ior of the news box other than the logo or
identiiying wordin; specified bg Section 4-26-7, "Obliga[ions of Users," B.R.C. 1981.
(~ Subject to the desi;n constraints of the news bos or joint news box, the usec may place a
copy of the publication found in the bos vertically inside ehe face plate so that it is visible
to customers, but may not place anything other than such pubIication in that pasition.
(,;) The city mana~er shall not place nor permit the placin~ of any other advertising on the
outside of the banks. But the manager may use any side of a bank other than the front face
(where access to the publications is ~ained), at public expense, for designs or grsphics
desi~ned to enhance the identity of the nei~hborhood in which it is locsted, or as a location
for directories or maps showing pedestrians where they are and where local public and
pzivate services are to be found. Tlus exception shall not be construed to permit the manager
to place or permiC paid advercisements, nor to cause the boses or banks to become ~ny kind
of public forum.
4-26-7 Obligations of Users.
(aj A news bax lessee shall maintain the leased interior of the news box space, and, for
individual news boxes, all mechazucai workin,s of the individuat boe, including, wiLhout
limitation, the window and face plate, the coin mechanism, the coin tray, and the 1oc:c, if any.
(bj The news box lessee may supply and affL: to its Iessed indiyidual news bos or lessed portion
of a joinc news box whaceve: logo or idenrinjing wordinQ it desires to use to 1et the public
lnow which publication is inside the box. Tne idencifying device shall be no larger ~han two
inches high '~y fourceen inches wide Tor an individual news bos, or two inches high and Tive
[i9.CCAD\u-ne~vsbaxlease.jzz.wpd '~
and one half inches wide for a slot in ajoint use news box. The identifyintr device shail be
white text on a black background, and the device sha11 have a self-stick backing of a type
approved by the city manaPer for its balance of adhesiveness and ease of removal, and be
affi~ed in the (ocation on the bo:c specified by the city manager for all such boszs.
(c) A news box lease may be revoked when the machine is not stocked wich the lessee's
publication for a period of thirty days, or if the user has failed to maintain the news bor for
thirty days. The city manaser sha11 not revoke a lesse without notice to the user and an
opporrunity for a hearing. One seven day opportuniry to cure shall be estended in any
caiendar year prior to revocation.
4-26-3 Term, E.~piration, and Revocation.
(a) A news bos lease is valid for one calend~r year, and espires if noC renewed before espirauon.
Escept for emer~encies, unan[icipated construction, changes in the location of transit stops,
and other unanticipated siiuations where relocation is necessary in [he public interest, lease
lacations shall
before Noveml
but, with notice on or
: year.
(b) A lesse can
case no application for
renewal shail be required durintr such period. If a lessee surrenders a lease to the city in
wr:tine, the city manager shall refund the unused prepayment pro rata based on the number
of whole calendar years remaining.
(c) No lease may be assi~ned or transferred ascept incidental to the sale of the publication from
one publisher to another, and no lessee shall be deemed to possess any equity in the lease,
although an existing lessee has priority in renewin;. It shall be a ground for revocation of
the lease for any lessee to attempt to profit from the scarcity of sites for news boxes. No
refund shall be made if a lease is revoked or espires.
(e) Uoon denial of renewal of a lease, or revocation, or expiration Por failure to renew, the city
mana;e: may remove ihe conten~s of any machine, chan5e the locks, hold any con[ents and
money as abandoned propeny, and issue a new lease for the news box or joint use news box
siotto another pezson.
~4-26-9 Fee.
(a) The fees ~or use of ne:vs boxes are set baszd on coverinQ the ciry's administrative costs, the
caDitalcostandinstallationcost~orthebosstructures.andtheannualmaintenancecost. The
capital cosL is `iigured based on a ten vear mnor~ization and may be adjusted , based on
replac~ment costs ;uid to accrue a iund [herefor. The installauon eos[ wi11 initially be bone
'n'':.CCAD\o~news hoxlease.j zz.~.vpd
by tfie city to make conversion irom vendor-owne d proprie tary newsp aper vendin; machines
to ci[y owned banks Iess of a burden on esistin~ bos owners. Tne maintenance cost will be
set based on actual cost for the previous year of district operation (ihe maintenance cost
componenc is estimated for the first year of operation), based on a projection at the time the
fees are set, and adjusted up or down dependin~ on whether the maintanance fund has had
a shortfall or a surplus. The administrative costs aze based, initially, on the city's experience
with malI newspaper vending machine pernut administration, and may be adjusted in future
years. The fee for administrative costs is imposed on a per-publisher basis, does not vary
with the number of boxes or slots, and must be paid at the time the Ylrst fee for the particular
publisher is due in any calendar year.
(b) The fee for a news box lease is that speciY3ed in Section '~-20-~7, "News Box Fees," B.R.C.
1981, and must be submitted with the appIication for the lease or renewal of the lease if a
box is immediately available at a locatioA desired by ~he applicant. If such a box is not
available, the applicant shall pay the waitin~ list fee specified in Section ~ 20-~7, "News Box
Fees," B.R.C. 1931. An applicant on a waitina Iist who is notitied that a box is availabie
sha11 pay the acmu~al te ,wrttun tei~ days afnotice~ ei~hez ac ~~by any means, or of the date
of mailin~ by first class mail,~wh2,~e"hevery~omm~s fus~~'L;he wai3ing list fae does not reduce the
annuai fee. ~ ~' ' J
,~a.,.' ~_ `.w»'~y.~.~ ~~._,.a~ ~
4-26-10 Priority and Transition.
(a) News box leases, other than renewais, are available on a first-come, first-served basis based
on date of receipC of the application during normal citybusiness hours at the place where this
chapter is administered.. The prioriry between any applications received by Che mana~er on
the same day shall be detertnined by lot.
(b) But for the puLposes of transicion to the lease system crested by this chapter, owners of
proprietary ne~uspaper vending machines in the news box district as of the date ot the most
recent sunrey by the city manager beiore the introduction of the ordinance establishino this
aystem sha11 be ~iven a preference under the new system for a space in the nearest bank.
(c) Should the first-come, first-served mechod, or the transition provisions of this section, not
resoive ~llocauon questions, the city manaQe: shall select publicacions by lot from amon~ the
current applicants.
(d) The city manager shall struccure the waicinQ lists so that they may be for a specific banlc or
for a specific block iace. The manager may additionally suucture the waiting Iists to
accommoda~e a waiung Iisc applications for multiple banks or bloc.L• Taces, or anywhere
within either of the c~vo separace ;eooraphic components oi the district.
:Cd.CC.~D\a-newshaxlease.jzz.~,vpd 1 ~
4-26-11 Inapplicability of Other Code Sections.
Because it is essential that regulacion of news boxes, ~iven the First Amendment implicstions, be
as clear and certain as possible, Title 9, "Land Use Re~mzlacion," Chapters 8-6, "Publie Riaht oY way
and Easement Encroachments, Revocable Permits, Leases, and Vacations," 10 13, "Historic
Preservation," and Sections 2-3-~, "DownrownlVlanagement Commission," and 2-3-18, "Downtown
Desi~n Advisory Board," B.R.C. 1931, sha1I have no appiicnbility to the instailation and
administration of news box racks by the city manager pursuant to this chapter.
Section 2. Chapter 4-20, B.R.C. 1981, is smended by the addition of s new section 4-20-~7
to read:
~-20-57 News Bos Fees.
(a) The annual fee for leases of news boses governed by Chapter 4-26, "News Boe Leases,"
B.R.C. 1981, is ~~ Ofl`~er £ull 's~e box $37 00 for a~0d u6le=sazed slot, and 518.50 for a
,.
sin~le-sized slot,.~ayablein a;duarice at ume of apghcation orienewal. Fees shall be prorated
by month for parCial vear"penods;,,and pani~months ahall c~nstitute a full month.
;_,...~o,.~. ~., ::~....~,. ,.,~,., ~~
(b) Each publisher who leases one or more Uoxes or slots shall pay an annual administrative fee
of ~50.00. This fee does no~ vary with the number of leases held, and shail not be prorated
or refunded.
(c) The waiting list fee is ~2~.00 for each box or slot desired, and shall not be proraCed or
refunded.
Section 3. This ordinance is necessary to protect the public health, safety, and welfare of the
residents of the city, and covers matte:s of local concern.
Section-~. The council deems ic appropriate thatthis ordinance bepublishedby title only and
orders that copies uf this ordinance be made available in the office of the city clerk for public
inspection and acquisitian.
INTRODUCED. RE ~D CNFIRST READING. ~:~!-D ORDERED PUBLISHED BYTITLE
CNLY this day of ; 30_
<.'.CCAD\o-ne~~vabozlease.jzz.wod 11
Nlayor
Attest:
Ciry Clerk on behaif of the
Director of Finance and Record
READ ON SECOI~D READING, PASSED, ADOPTED, Ai~ID ORDERED PLBLISHED
BY TTTLE ONLY this day of , 20_
~ .
~-s~, x~~ ~ .
~~ ~ ,.~ ~ ,~ ~ 1~Iav,or ' ~ ;
Attest: ;~ ~ ;~~' r 5~~.~ti ~5 ..~ ~ ~
4
. ..~..+ss~. ~..~.v.
City C1erk on behalf of the
Director of Finance and Record
~
K.+,CC.OD\o-newnhoxlesse.izz.wnd ~
~L~~.L~~ ~, i L/~~~~,,-s ;~
i
Drafter's note: The mall is defined for Title 5 purposes as follows: "Nlall" means the Downtown
Boulder Mall as defined in Ordinance No. 4267, as amended bv Ordinance No. ~~~3. A foomote
elaboratas: °The ordinances ~enerally describe the area included within the mail as the entire
ri~ht-of-way of Pear1 Street from approximately the east curbline of 11 th Street to the west curbline
of l~th Street escept for the roadway at the intersections at Broadway, 13th and 14th Streets; and,
the area directly south of the Boulder County courthouse complex, specifically, the area bounded by
the east curbline of 13th Street on the west, the west curbline of 14th Street on the enst, the north
boundary line of the Pearl Street right-of-way on the south and, on the north, by a line coincidins
with the south wail of the west wing of the Counry courthouse comples and extendin~ westerly at
a right angle from the west wall thereof to the enst curbline of 13th Street and extending easterly ac
a ri~ht angle from the east wa11 thereof ~o [he west curbline of 14th Street; esceptin~, however, any
buildino-s or poRions of buildin~s which are owned by the County of Boulder and located in such
area.
This existing definition will be contained in the agenda memorandum, but is included here for the
convenience of those reviewin~ the ordinance in draft format.
ORDN.SNCE NO.
r11~I ORDINt1i~ICE A~~NDI,i iG CHAPTERS ~-3 AND 7-6, B.R.C.
1981, TOCONTROLAGGRESSIVEBEGGINGBYMORETH.~1i~T
ONE PERSON, TO DEFINE A LINITTED NUNIBER OF PUBLIC
PLACES WHERE BEGGING IS PROHIBITED, AND TO
PROHIBIT STAYING ON NIEDI?~~iS FOR NIORE TIPiLE TH.~~T IS
NEEDED TO CROSS THE STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 5-3-7, B.R.C. 1981, is amended to read:
5-3-7 Agaressive I~egaing Prohibited.
(aj. No person shall beg or soliciC a~~ressively for a;ift of money or any thinQ of value on any
public street, sidewalk, way, ma11, park, buildinv, or other public propercy, ur on any private
properry open to the public while in close proximiry to the individuai addressed. "Ag~ressive
beasin~" means be?~ing or solicicine accompanied by or followed immediately by une oc
more OL LI1C LOIIUWLLl~?:
K;,PbVC Ab-i~ec;in ~.kh6. wpd
(al) Repeated requests after a refusal by the individual addressed;
(~2) Blocking the passa;e of ~he individual addressed;
(c3) _ Addressin~ fi~htin~ words to the individual addressed; or
(~=~) Touchin~ the individual addressed.
(b) If one person acts'in concert with another to 6eg a;o essively, siich that one person`begs or
solicits, and another commits one or more oP the: additional acts constituting: ag~ressive
be;ging;.both have committed the crime;
(ej If one person be~s orsolicits, and a,second'I;person, cvfio knew orreasonablv shonld haue
known of a refusal by the individuaT. addrassed, begs or solicits from the'satne: individuaT
within twa minutes, the second person has committed the crime.'
Section 2. Chapter 5-3, B.R.C. 1931, is amended by the addition of a new section 5-3-12 to
read:
5 ~-1?' Begaing,:in Certain Piaces!Prohibited'~
(~) No person sha11 6'eg or solicit for a ~ift of inoney or any thin,;'of value whila the ~erson
beggin~;or soliciting is in any of the following„places on pubiic piopertyr
(l.) On the mall within ten feet of a bnilding cuall'..`
(2) IrrChe downtownor fhe Uniaersity Hill commercial districr; ~s those.arens are defined
m subsection (b j;..within five feet ot a buiTding wall:
(,31 Withm ten feet of'an.y ouCdoor patio wkere food`or drink..ue 5eived::
(~) Within tenfeet ofl any yendine can operatin; Pursuant to a pernut from the city;
(b) This; section: applies only to the followinQ pans: uf the city::
~Tiier~ is a l~ne in the decnrative br;~~l ~urface ~~f the c*!all ~u!uch is located .en fee[ int~ the
mall, on both the nor[h and south 5ides of the: ma11.
K:W'NC:\`,o-beg~in~.khb.wp~ '~
(1) Thedotivntown,definedastheareaincludedwithintheDowntownBoulderBusiness
ImprovemenC Disfrict esCablished by Ordinaace No 6095. A:; mnp showins .the
downtown boundaries is;Appendix A to this chapter'
(2)' The University; Hill cominercial district, defined as the west side of Broadway from
University ~venue to Coliege tlvenue; Pennsylvania .4venue. fi.oin Broadw3y to:`hhe
alley west of TYuiteenth'Street and aiso includin~ the'right-of-way abutting;hhe
propeny on the north side of Pennsylvaniajust west:of the a11ey~,.Thirteenth Street
from Pleasant S treet to College ~venue including the ri~ht-of-way abutting_the two
northernrmost properties souch of GoIle;e on the east and west sides of Thirteentk
S treet;, Fourteenth Street south of Colleo-e om the west:: side from College to the
southem ed;e of`tfie Uniuersity E-Iill GeneralImprouement Distriet parkin~ 1ot; and
Colle;e flvenue from the alley west of Thineenth S treet to F.ourteenth;S treet: A, map
shawing'the University Hill::commercial district is Appendix B to'this chapter.;
(ca This section,does not apply to be~ci:n~ or solicitation solely by means of a sign c~rried by the
petson; so 1ong;as the sig,n is, not eYtended ruithin ei~hteen inches of the'person solicited:
Section 3. Chapter 7-~, B.R.C. 1981, is amended by the addition of a new section 7-5-3~ to
read:
7-5=25 Staying on l~Iedians Prohibitedi'
P P ,
(a) No ersoa shall stand orrbe u on the median of any street for longer: tHan is reasonably
necessary Co cross the street. This'section does not apply to medians which are thirty.or more
TeeT:wide. '
(b) For the purposes, o£ this seetion, median means:
(1) The: aren.of a.street, ~enetally in the middle, which separates traffic tra.uelTng in one
direction from traffic travelin~ irr anothec direction: Such an area is physically
deTined'by curbing,, landscapin~, or other physicai; obstacles to the acea.'s use by
motor vehicles, or by traffic: control markings which prohibic use of. a.portion of; the
Pavement of. a streatbvmotor pehicles other tfian to drive aenerall~ perpendiculacly
across the marlan~s, or to wait tliere awaitin; the opportunity to cross. or. mer~e with
the. upposing lanes of traffic; ar:
(^_) The area ~f'a,street atan intersectiun between the streets and arieht.turn only 1ane,
rou~`h1y triantrular in.shape, and separated from che motor vehicular traffic lanes by
curbin~,.landscaping, cr.other physical cbscaeles cc the area's use by motcryer~:cles.
;C;',P`NCA\~ 6zegim3.khh.repd
Section'~. This ordinance is necessary to protect the puUlic health, safety, and welfare of ehe
residents of the city, and covers matters of 1oca1 concern.
Seccion 5. Tha council deems it appropriate that [his ordinance be published by titie only and
orders that copies of this ordinance be made available in the office of the city clerh for public
inspection and acquisirion.
INTRODUCED, RBAD ON F1RST 12E.SDQ~IG, AND ORDERED PUBLISHED BY TITLE
ONLY this day of , ~0,
Attast:
City Clerk on behalf of the
Director of Finance and Record
Nlayor
READ ON SECOND R~ADIIvG, PASSED, ADOPTED, AND ORDERED PUBLISHED
BY TITLE QNLY this day of , ZO^
Nlayor
Attest:
City Clerk on behalf of the
Director o£ Finance and Record
ti ~.i~wc,v~-~e;~~~~,.u~~.,~pa ~