MEMORANDUM. Ordinance 18-05, First Reading: to Adopt Revisions to the Sign Regulations

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1 Agenda Item-.#t 6 Meeting Dat~ MEMORANDUM TO: Mayor George Vice Mayor England Commissioner O'Brien Commissioner Kostka Commissioner Samora FROM: Max Royle, City Manag DATE: February 23, 2018 SUBJECT: Ordinance 18-05, First Reading: to Adopt Revisions to the Sign Regulations Attached as pages 1-2 are the minutes of that part of your February 12th.meeting when you discussed the revisions. The Ordinance to adopt the revisions is attached as pages 3-4. In addition, behind the Ordinance, we've attached the memo and related material that was provided to you at your February 12 th meeting. Mayor George requested that this memo be given to you again to help y.ou remember your discussion. ACTION REQUESTED It's that you discuss the Ordinance that Mr. Wilson has prepared. If it meets with your approval, we.ask that you pass it on first reading. It will then be scheduled for review by the Comprehensive Planning and Zoning Board at its March 20th meeting and will be brought back to you for its first public hearing and second reading at your April 2 nd meeting. A

3 FBQM MTNrl'T'.ES OE CITY COOMJSSIQN MIBTJNG, EEBBfJAB'i 12, Sign Regulations: Review of Proposed Changes (Presenter: Mr. Jim Wilson, City Attorney) Mayor George introduced Item 9 and then requested City A ttomey Wilson to give a staff report. City Attorney Wilson explained that the Commission discussed at a meeting and requested changes to be done on the sign ordinance. He advised that he would take the blame for not bringing this ordinance back up with the changes. He advised that temporary signs should be addressed in one ordinance. He commented that the ordinance will allow two temporary signs in total (i.e. flutter signs or sandw1ch signs) in the day 1ime and taken in at night per business. He advised that the Holiday Isle sign has been taken down, so there is no reason to bave language to remove certain signs based on government intervention. City Manager Royle asked to standardize the sign ordinance regarding sign height to be 12 feet high. He also requested political signs to be addressed in this ordinance. City Attorney Wilson explained the current political sign language and suggested to allow the placement of political signs at city hall during early voting and at no other time. Discussion ensued regarding regulating speech; allowing a standard campaign sign to 18 x 24 which would be held up by wire frames; allowing signs on unpaved areas of city hall properties only; not allowing signs in parking spaces; limit parking time by rules not ordinances and hanging a sign from a canopy would be allowed. It was the consensus of the Commission to allow the items discussed. Mayor George requested that City Manager Royle recirculate this meeting memo when the item comes back so that they would remember this meetings di cu sion. Commissioner Samora asked whether the City should get an opinion from Attorney Etdelyi. I -

5 City Attorney Wilson advised that it was not necessary. Mayor George apologized to Commissioner Kostka for being caught up on this issue with her business and deserves an apology for what happened. Commissioner Kostka commented that she appreciated the apology, but she advised that this is creating a hostile environment with local businesses. She explained that flutter signs were signaled out of the whole list of temporary signs. She commented that it was distressing, but she was glad that the Commission i moving fonvard on thi after such a delay. Mayor George opened the Public Comments section. The following addressed the Commission: Ed Slavin, P.O. Box 3084 St. Augustine, FL, thanked Mayor George for apologizing to Commissioner Kostka. He commented that retaliation for Commissioner Kostka because she asked for a national search for a new City Manager. He requested to know who complained. Dr. Michel Pawlowski, 109 Kings Quarry Lane, St. Augustine Beach, FL, agreed with Commissioner Kostka that there is a hostile environment for businesses in the City. He did not agree with hiring Attorney Erdelyi and said that City Manager Royle should send by register mail to business owners to be here for a meeting to discuss the issues. Mayor George closed the.public Comments section. It was the consensus of the Commission to schedule the first reading of this ordinance at the next Commission meeting. -2-

7 1 ORDINANCE NO AN ORDINANCE OF THE ClTY OF ST. AUGUSTINE BEACH, FLORIDA, 4 AMENDING SECTIONS (15), ALLOWING UP TO TWO TEMPORARY 5 SIGNS PER BUSINESS; AND (7), ALLOWING SIGNS ON CITY 6 HALL PREMISES DURING ELECTION PERIODS; PROVIDING FOR 7 SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; 8 AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY 11 OF ST. AUGUSTINE BEACH FLORIDA: Section 1 follows: Section (15) is hereby amended to read, in its entirety, as 16 Section (15) Flutter signs, feather signs, streamers, balloons, wind signs, wind activated 19 ba'nners,' cold air inflatables, pennants and other fixed aerial signage used 20 for conimercial advertising, except tbat businesses may be allowed up to 21 two (2) temporary signs per business, on that business premises. Such signs 22 may be feather signs no more than 12 feet in height: sandwich boards of six 23 sq. ft. per side or less; or cardboard or plastic freestanding ground signs no 24 larger than 18" x 24'' which are attached to the ground by wire supports no 25 larger than 1/8" wide or less. Such signs may be on the business premises 26 during operating hours, shall be placed in a manner that does not obstruct 27 the view of traffic exiting the premises, and shall be removed.from the view 28 at the close of business each day Sect~on~. follows: Section (7) is hereby amended to read, it its entirety, as 32 Section (7) 33 Signs on Public Property. Ex.cept as set forth herein any sign installed or placed on 34 public property, except in conformance with the requirements of this article, shall 35 be deelj-ied illegal and shall be forfeited to the public and subject to confiscation. In 36 addition to other remedies hereunder, the City shall have the right to recover from 37 the owner or person placing such sign the cost of removal and disposal of such sign. 38 The foregoing shall not apply to temporary A-Frame signs and T-Frame signs as City of St. Augustine Beach Land DevelopmJnt Code DRAFT

9 allowed pursuant to the conditions and limitations set forth herein. However. temporary igns may be placed on city ball prope1'ty during the period designated for early voting by th Supervi or of Elections for St. Johns County through election day. ucb temporary sign face shall not exceed 18" x. 24" and shall be attached to the ground by means of wire suppo1ts no larger than I/ per upport. All sucl sign hall be removed from city hall premi e noon the day after election day Section 3 SBVERABILITY. It is the intent of the City Commission of the City of St. Augustine Beach, and is hereby provided, that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdjction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Ordinance Section 4 CODIFICATION. This ordinance shall be incorporated into the Code of the City of St. Augustine Beach as Section 6-4 of the Code and a copy hereof shall be maintained in the office of the City Clerk Section 5 EFFECTIVE DATE. This ordinance shall take effect upon adoption. 21 PASSED by the City Commission of the City of St. Augustine Beach, Florida upon 22 Second Reading this day of ATTEST: City Manager, Max. Royle CITY COMMISSION OF THE CITY OF ST. AUGUSTINE BEACH BY: Undine George, Mayor First Reading: 31 Second Reading: City of St. Augustine Beach Land Developm 11t Code DRAFT

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MEMORANDUM. Ordinance 17-07, Public Hearing and Final Reading: to Prohibit Medical Marijuana Agenda Item# 2 Meeting Date11= i7 MEMORANDUM TO: Mayor O' Brien Vice Mayor George Commissioner Snodgrass Commissioner England Commissioner Kostka FROM: Max Royle, City Manager df DATE: October 4, 2017