Agenda #4j

memorandum

to:                  Mayor and Town Council

from:            W. Calvin Horton, Town Manager

subject:      Amendment to Downtown Newspaper Rack Regulations

date:            June 26, 2006

PURPOSE

The purpose of this report is to recommend that the Council enact an ordinance to regulate the location and appearance of racks for the sale and distribution of publications in the 400 block of West Franklin Street and in the 100 and 200 blocks of East Franklin Street.

BACKGROUND

In 2001, and 2002, as part of annual Streetscape construction projects, the Town enacted ordinances to allow the installation of modular newspaper racks on North Columbia Street and on the south side of the 100 block of East Franklin Street. The ordinance requires that free publications occupy only the modular racks provided by the Town and controls the appearance and location of racks that offer publications for sale. The ordinance is specific to locations listed in the text.

DISCUSSION

We believe the Town’s initiative to improve the appearance and safety of news vending locations has been well received by the public, adjacent property owners and merchants, as well as publication distributors. We have received requests to extend the news rack program to other locations downtown.

An ordinance is proposed to allow publication racks at two locations where there are currently a total of 37 boxes. One site is at Courthouse Alley adjacent to Peace and Justice Plaza on East Franklin Street; the other is on the north side of the 400 block of West Franklin Street between 422 and 440 West Franklin Street. If the ordinance is enacted, two nearby smaller groups of boxes would be eliminated at 203 East Franklin Street (9 boxes) and at 407 West Franklin Street (12 boxes).

The proposed effective date of the ordinance is September 1, 2006, to allow time for purchase and installation of the modular racks for free publications and to notify distributors of the pending changes. We propose to utilize approximately $7,000 of 2003 Streetscape bond funds to improve the two sites this summer.

RECOMMENDATION

We recommend that the Council enact the following ordinance, amending Chapter 17 of the Town’s Code of Ordinances to regulate the location and appearance of racks for the sale and distribution of publications in the 400 block of West Franklin Street and in the 100 and 200 blocks of East Franklin Street.