File #: 20-1305    Version: 1
Type: Ordinance Status: Passed
File created: 10/29/2020 In control: City Council
On agenda: 11/17/2020 Final action: 11/17/2020
Title: Pass the ordinance approving an extension to ordinance 20-004 allowing a temporary banner to remain on the east wall of the Loggia Building (123 Water Street) subject to stated conditions
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B with labels, 4. Exhibit C - Petitioner Request

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
title

Pass the ordinance approving an extension to ordinance 20-004 allowing a temporary banner to remain on the east wall of the Loggia Building (123 Water Street) subject to stated conditions

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Amy Emery, AICP, TED Operations Manager

 

BOARD/COMMISSION REVIEW:
N/A

 

BACKGROUND:

In 2017, the City Council approved ordinance 17-084 (8-0; 1 absent) permitting Marquette Companies to display a 20’ x 33’ temporary banner on the east wall of the Loggia Building (123 Water Street) through June 20, 2018.  City Council approval was required as the proposed banner (660 sq.ft.) exceeded the maximum size permitted (32 sq.ft.) as well as the maximum length of display time (4 weeks per year permitted).

 

In 2019, the City Council approved ordinance 18-090 (8-0; 1 absent) extending the timeframe that the banner could be displayed until December 31, 2019.

 

On January 21, 2020, the City Council approved ordinance 20-004 (9-0) extending the timeframe until December 31, 2020 as permits had not yet been submitted for the building at 315 S. Main Street.

 

At this time, permit applications have not been received.

 

DISCUSSION:

Marquette Companies has submitted a request to allow the temporary banner to remain in place through December 31, 2021 given the lack of construction activity at 315 S. Main Street.  Given that no complaints have been received regarding the banner, and it appears to be in good condition, staff supports the requested extension, subject to the following conditions:

1.                     The banner shall be removed from the Loggia Building upon erection of the west wall of the structure located at 315 S. Main Street or issuance of a written notice from the City Manager which shall not occur prior to December 31, 2021.

2.                     If, during the term of the temporary use, the banner becomes deteriorated, faded, or torn, it shall be removed; in such instances, said banner may be replaced and reinstalled, if so desired, provided that the term of the temporary use as described above has not yet expired. 

3.                     No additional signage, other than the banner noted above, shall be installed on this wall during the period of the approved temporary use.

 

 

Unlike the previous extensions, Condition #1 above provides flexibility to allow for a longer extension without additional City Council action.  The City retains the authority to rescind the approval after one year, but can allow the banner to continue, if needed, without further action.

 

FISCAL IMPACT:

N/A