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HomeMy WebLinkAbout2009 12 14 Regular 602.1 Resolution Number 2009-59 Authorization For Message Board Incorporated Into Existing Monument Sign COMMISSION AGENDA Consent ITEM 602.1 Informational Public Hearing Regular X December 14, 2009 f Meeting 1�� I Mgr. Att. Dept. REQUEST: Approving Resolution 2009 -59 authorizing an electronic message board feature to be incorporated into the existing permanent monument sign located at the entrance of City Hall on State Road 434 and establishing a related use and performance standard policy. PURPOSE: This agenda item is for purposes of approving Resolution 2009 -59 authorizing an electronic message board feature to be incorporated into the existing permanent monument sign located at the entrance of City Hall on State Road 434. In addition, the purpose of this Resolution is to establish a policy that the electronic message board feature will be used exclusively by the City to communicate public service announcements related to the administrative, legislative and other public business of the City of Winter Springs, public health concerns or emergencies, and City sponsored events of general public interest. The Resolution also approves general performance standards for the electronic message board feature. APPLICABLE LAW AND PUBLIC POLICY: 1. City of Winter Springs Sign Code 2. Government Speech Doctrine. See, e.g., City of Pleasant Grove v. Summun, 129 S.Ct. 1125 (2009) (Placement of a permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10` Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building). Page 1 of 2 FUNDING: Not Applicable. The Resolution would only enable the electronic message board feature to be constructed. Selection of, and funding for, the actual electronic message board feature will be determined by separate agenda item. CONSIDERATIONS: 1. The City Commission has a duty to communicate to the public regarding issues related to and affecting the City. 2. The City Commission previously directed City Staff and the City Attorney to explore the possibility of installing an electronic message board feature into the permanent monument sign located at City Hall in order to allow the City to more effectively communicate with the public. 3. The attached Resolution, if approved, would authorize the installation of the electronic message board feature, establish a policy that the feature would be used for certain public announcements controlled and selected by the City, and establish general sign performance standards for the proposed electronic message board feature. 4. The City of Winter Springs sign code currently prohibits electronic signs. This Resolution, in furtherance of the Resolution's stated administrative and legislative findings, attempts to create a de minimis exception to the electronic sign prohibition using the "government speech doctrine." RECOMMENDATION: The City Manager and City Attorney recommend approving Resolution 2009 -59 if the City Commission desires to incorporate an electronic message board feature into the existing permanent monument sign located at the entrance of City Hall. ATTACHMENT: Resolution 2009 -59 Page 2 of 2 RESOLUTION NO. 2009-59 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING MODIFICATIONS TO THE CITY'S EXISTING PERMANENT MONUMENT SIGN IDENTIFYING THE WINTER SPRINGS CITY HALL; ESTABLISHING A USE POLICY AND PROVIDING FOR GENERAL SIGN SPECIFICATIONS RELATED TO THE ELECTRONIC MESSAGE BOARD FEATURE WHICH WILL BE INCORPORATED INTO THE EXISTING MONUMENT SIGN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Winter Springs City Hall "City Hall has been located at its current location along East State Road 434 for approximately 20 years; and WHEREAS, through the years, City Hall has historically and culturally been unmistakably identified by the public as the central location for the City to conduct administrative, legislative and other public business related to the government functions of the City of Winter Springs; and WHEREAS, the traveling public along State Road 434 has historically been able to identify the location of City Hall by viewing the identifying message depicted on the existing permanent monument sign which is currently erected at the front entrance of City Hall; and WHEREAS, the City Commission of the City of Winter Springs now desires to commission an update and modification of the existing permanent monument sign currently erected at the front entrance of City Hall by incorporating into the sign an electronic message board feature; and WHEREAS, the City Commission finds it has a duty to communicate with the public about the administrative, legislative and other public business related to the government functions of the City of Winter Springs; and WHEREAS, the purpose of the electronic message board feature is to permit the City to use advances in technology to communicate more effectively with the public through the electronic display of a variety of public service announcements selected and controlled by the City in accordance with the use policy established by this Resolution; and WHEREAS, the use of the permanent monument sign at City Hall to electronically display public service announcements selected and controlled by the City is appropriate for the location in question and consistent and keeping with the historical and cultural significance of City Hall as the central location for the City to conduct administrative, legislative and other public business related to the government functions of the City of Winter Springs; and WHEREAS, the use of the permanent monument sign at City Hall to electronically display public service announcements selected and controlled by the City is also consistent with the image of the City that it wishes to project to all who frequent, or travel by, City Hall; to wit: City Hall is a place where the City conducts administrative, legislative and other public business related to the government functions of the City of Winter Springs and where the City communicates public service announcements to the public; and WHEREAS, the City will pay for and erect the modifications to the permanent monument sign without contribution from any public or private entity, and the City will assume full responsibility for providing construction, maintenance and security for the sign; and WHEREAS, the United States Supreme Court has recognized that the government can speak for itself and is entitled to select the views it wants to express and that permanent monuments and signs can represent government speech. See, e.g., City of Pleasant Grove v. Summun, 129 S.Ct. 1125 (2009) (Placement of a permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10 Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building); and WHEREAS, the City will exercise complete supervision and control over the electronic message board content, which will be limited to public service announcements related to the administrative, legislative and other public business of the City of Winter Springs, public health concerns or emergencies, such as "boil water alerts," and "amber or silver alerts," and, if space allows, notices of city sponsored events of general public interest in accordance with policies established by the City; and WHEREAS, it is also the intent and purpose of the electronic message board to allow the City to promote its views and therefore, the electronic message board shall not be used by any private business or to promote any businesses or private events; and WHEREAS, the exception made for this permanent monument sign with electronic message board feature will not weaken the direct link between the City's objectives of promoting traffic safety and aesthetics and reducing visual sign clutter, and the City's sign code prohibitions on certain types of signs; and WHEREAS, this Resolution does not constitute an amendment to City's sign code; and WHEREAS, the City continues to prohibit the incoherent proliferation of electronic signs, and as such the City will continue to ban electronic, animated and flashing signs, City of Winter Springs Resolution 2009 -59 2 and the sign code will be enforced to prevent the uncontrolled erection of unsafe, distracting and unattractive signs, and to eliminate sign clutter, as set forth in the City's sign code; and WHEREAS, this Resolution, authorizing a permanent monument sign with an electronic message board feature, will not undermine the objectives of the City's sign code, as the electronic message board feature constitutes a de minimis exception, and the City's primary intention in modifying the permanent monument sign to include an electronic message board feature is consistent and keeping with the historical and cultural significance and identity of City Hall as the central location for the City to conduct administrative, legislative and other public business related to the government functions of the City of Winter Springs. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Commission of the City of Winter Springs, Florida, as follows: Section 1. Legislative and Administrative Findings. The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Commission. The City Commission finds and determines that there is competent substantial evidence to support the findings and determinations made in this Section. Section 2. Policy for Use of Sign. This electronic message board feature incorporated into the permanent monument sign located at the front entrance of City Hall shall be used exclusively for public service announcements related to the administrative, legislative and other public business of the City of Winter Springs, public health concerns or emergencies, such as "boil water alerts," and "amber or silver alerts," and, if space allows, notices of city sponsored events of general public interest in accordance with any other implementing administrative policies established by the City Manager. The sign will not be used to advertise or promote any private business or to promote any businesses or private events. Section 3. Sign Performance Standards. The copy area of the electronic message board feature shall be no greater than twenty -four (24) square feet and shall be incorporated into the existing permanent monument sign located at the entrance of City Hall. Messages displayed through the electronic message screen may not scroll, blink, flicker, flash, pulsate, project animation or videos. In addition, the copy area will not change more frequently than every five (5) minutes, unless said change is due to a sudden emergency that requires more than one screen to disseminate said information, in which case the screen shall not change more often than every 30 seconds. When the copy area changes, the screen shall not produce a visible flash or other side effect. The electronic message board shall have a dimmer control to produce a distinct illumination change from a higher illumination level (not to exceed 6,000 NITs, which is the standard measure of brightness for electronic signs) during daytime use to a lower illumination level (Not to exceed 500 NITs) during nighttime use and to account for adverse weather conditions that reduce the amount of sunlight. City of Winter Springs Resolution 2009 -59 3 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the permanent monument sign with electronic message board feature a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14 day of December, 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2009 -59 4 RESOLUTION NO. 2009 -59 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING MODIFICATIONS TO THE CITY'S EXISTING PERMANENT MONUMENT SIGN IDENTIFYING THE WINTER SPRINGS CITY HALL; ESTABLISHING A USE POLICY AND PROVIDING FOR GENERAL SIGN SPECIFICATIONS RELATED TO THE ELECTRONIC MESSAGE BOARD FEATURE WHICH WILL BE INCORPORATED INTO THE EXISTING MONUMENT SIGN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Winter Springs City Hall ( "City Hall ") has been located at its current location along East State Road 434 for approximately 20 years; and WHEREAS, through the years, City Hall has historically and culturally been unmistakably identified by the public as the central location for the City to conduct administrative, legislative and other public business related to the government functions of the City of Winter Springs; and WHEREAS, the traveling public along State Road 434 has historically been able to identify the location of City Hall by viewing the identifying message depicted on the existing permanent monument sign which is currently erected at the front entrance of City Hall; and WHEREAS, the City Commission of the City of Winter Springs now desires to commission an update and modification of the existing permanent monument sign currently erected at the front entrance of City Hall by incorporating into the sign an electronic message board feature; and WHEREAS, the City Commission finds it has a duty to communicate with the public about the administrative, legislative and other public business related to the government functions of the City of Winter Springs; and WHEREAS, the purpose of the electronic message board feature is to permit the City to use advances in technology to communicate more effectively with the public through the electronic display of a variety of public service announcements selected and controlled by the City in accordance with the use policy established by this Resolution; and WHEREAS, the use of the permanent monument sign at City Hall to electronically display public service announcements selected and controlled by the City is appropriate for the location in question and consistent and keeping with the historical and cultural significance of City Hall as the central location for the City to conduct administrative, legislative and other public business related to the government functions of the City of Winter Springs; and WHEREAS, the use of the permanent monument sign at City Hall to electronically display public service announcements selected and controlled by the City is also consistent with the image of the City that it wishes to project to all who frequent, or travel by, City Hall; to wit: City Hall is a place where the City conducts administrative, legislative and other public business related to the government functions of the City of Winter Springs and where the City communicates public service announcements to the public; and WHEREAS, the City will pay for and erect the modifications to the permanent monument sign without contribution from any public or private entity, and the City will assume full responsibility for providing construction, maintenance and security for the sign; and WHEREAS, the United States Supreme Court has recognized that the government can speak for itself and is entitled to select the views it wants to express and that permanent monuments and signs can represent government speech. See, e.g., City of Pleasant Grove v. Summun, 129 S.Ct. 1125 (2009) (Placement of a permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10 Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building); and WHEREAS, the City will exercise complete supervision and control over the electronic message board content, which will be limited to public service announcements related to the administrative, legislative and other public business of the City of Winter Springs, public health concerns or emergencies, such as "boil water alerts," and "amber or silver alerts," and, if space allows, notices of city sponsored events of general public interest in accordance with policies established by the City; and WHEREAS, it is also the intent and purpose of the electronic message board to allow the City to promote its views and therefore, the electronic message board shall not be used by any private business or to promote any businesses or private events; and WHEREAS, the exception made for this permanent monument sign with electronic message board feature will not weaken the direct link between the City's objectives of promoting traffic safety and aesthetics and reducing visual sign clutter, and the City's sign code prohibitions on certain types of signs; and WHEREAS, this Resolution does not constitute an amendment to City's sign code; and WHEREAS, the City continues to prohibit the incoherent proliferation of electronic signs, and as such the City will continue to ban electronic, animated and flashing signs, City of Winter Springs Resolution 2009 -59 2 and the sign code will be enforced to prevent the uncontrolled erection of unsafe, distracting and unattractive signs, and to eliminate sign clutter, as set forth in the City's sign code; and WHEREAS, this Resolution, authorizing a permanent monument sign with an electronic message board feature, will not undermine the objectives of the City's sign code, as the electronic message board feature constitutes a de minimis exception, and the City's primary intention in modifying the permanent monument sign to include an electronic message board feature is consistent and keeping with the historical and cultural significance and identity of City Hall as the central location for the City to conduct administrative, legislative and other public business related to the government functions of the City of Winter Springs. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Commission of the City of Winter Springs, Florida, as follows: Section 1. Legislative and Administrative Findings. The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Commission. The City Commission finds and determines that there is competent substantial evidence to support the findings and determinations made in this Section. Section 2. Policy for Use of Sign. This electronic message board feature incorporated into the permanent monument sign located at the front entrance of City Hall shall be used exclusively for public service announcements related to the administrative, legislative and other public business of the City of Winter Springs, public health concerns or emergencies, such as "boil water alerts," and "amber or silver alerts," and, if space allows, notices of city sponsored events of general public interest in accordance with any other implementing administrative policies established by the City Manager. The sign will not be used to advertise or promote any private business or to promote any businesses or private events. Section 3. Sign Performance Standards. The copy area of the electronic message board feature shall be no greater than twenty -four (24) square feet and shall be incorporated into the existing permanent monument sign located at the entrance of City Hall. Messages displayed through the electronic message screen may not scroll, blink, flicker, flash, pulsate, project animation or videos. In addition, the copy area will not change more frequently than every five (5) minutes, unless said change is due to a sudden emergency that requires more than one screen to disseminate said information, in which case the screen shall not change more often than every 30 seconds. When the copy area changes, the screen shall not produce a visible flash or other side effect. The electronic message board shall have a dimmer control to produce a distinct illumination change from a higher illumination level (not to exceed 6,000 NITs, which is the standard measure of brightness for electronic signs) during daytime use to a lower illumination level (Not to exceed 500 NITs) during nighttime use and to account for adverse weather conditions that reduce the amount of sunlight. City of Winter Springs Resolution 2009 -59 3 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the permanent monument sign with electronic message board feature a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14 day of December, 2009. J F. BUSH, Mayor ATTEST: ANDA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. ARGANESE, City Attorney • City of Winter Springs Resolution 2009 -59 4