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Promotional Materials Over the Right-of-Way Policy Copyrighted February 19, 2018 City of Dubuque Action Items # 3. ITEM TITLE: Promotional Materials Over the Right-of-Way Policy SUMMARY: City Manager recommending approval of a new Promotional Materials Over the Street Right-of-Way policy to supplement the City's existing Special Events permit. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Promotional Materials Over the Street Right of W ay City Manager Memo Policy-NNM Memo Staff Memo Staff Memo THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Promotional Materials Over the Street Right of Way Policy DATE: February 14, 2018 Assistant City Manager Cori Burbach recommends City Council approval of a new Promotional Materials Over the Street Right of Way policy to supplement the City's existing Special Events permit. The intention of the policy is to allow for promotional materials associated with a special event to be hung across the City street right of way. The policy covers items including, but not limited to, material size, location, and design; traffic safety; consent and approval of private building owners and commercial tenants; and the review process for the application. I concur with the recommendation and respectfully request Mayor and City Council approval. �� � ��� Mic ael C. Van Milligen� � � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Dubuque THE CI'TY �F _v-.,,. � AII n�s�tf . . . . . � ,�� �Y .�:� �V1as�erpiece dn the Mississippi �o'`Za'Z �az���l7 TO: Michael Van Milligen, City Manager FROM: Cori Burbach, Assistant City Manager SUBJECT: Promotional Materials Over the Street Right of Way Policy DATE: February 9, 2018 INTRODUCTION The purpose of this memorandum is to recommend a new Promotional Materials Over the Street Right of Way policy to supplement the City's existing Special Events permit. BACKGROUND The City of Dubuque has a Special Events permit process that is required for organizations hosting special events on any City property, in the public right of way (ROW), or on private property if the event impacts the public right-of-way and is open to the public. The current permit process does not allow banners or other promotional materials to be hung in the public ROW. City staff were asked to research and make a recommendation regarding the potential for this type of promotional material. The attached recommendation is meant to supplement the existing Special Events permit process as an appendix. The City also has an existing Banner Policy. That policy allows for organizations or institutions to install banners in the public ROW on City-owned light or utility poles. The Promotional Materials Over the Street Right of Way policy is separate from, and not meant to contradict, the Banner Policy, as it is specifically meant for temporary material associated with a special event. This policy is also not meant to govern permanent signage, which is regulated under the Zoning Ordinance. DISCUSSION A committee consisting of Planning Services Manager Laura Carstens, Public Information Officer Randy Gehl, Engineering Assistant II Jane Smith, Assistant City Attorney Maureen Quann, Building Inspector Jeff Zasada, Confidential Account Clerk Pam McCarron, and myself inet to review a request to allow Promotional Materials Over the Street Right of Ways associated with special events. As part of the process, the committee reviewed the City's current banner policy and special events permit process, structural issues associated with attaching some type of permanent brackets to a private building, and traffic and safety concerns associated with hanging material across a City street. The committee also consulted with Police Chief Mark Dalsing regarding the use of traffic cameras, and the potential for obstruction of camera views that hanging materials would create. The attached policy and associated application is recommended for City Council approval. The intention of the policy is to allow for promotional materials associated with a special event to be hung across the City street ROW. As such, the policy and application would be distributed as an appendix to the existing Special Events permit. The policy covers items including, but not limited to, material size, location, and design; traffic safety; consent and approval of private building owners and commercial tenants; and the review process for the application. Organizations and individuals who submit a Special Events permit would be eligible to apply to hang a Promotional Materials Over the Street Right of Way associated with their event. The Promotional Materials Over the Street Right of Way would have to be hung within the footprint of the event, and would be subject to the following requirements: • The Promotional Materials Over the Street Right of Way must be installed by a professional sign or electrical contractor licensed by the Building Services department. The applicant must complete the Promotional Materials Over the Street Right of Way application as part of the Special Events permit application, and the contractor must obtain a sign permit through the Building Services department. • The Promotional Materials Over the Street Right of Way must be hung from brackets installed on private buildings. The new or existing brackets must be reviewed and approved by Building Services through the sign application to ensure safety and compliance with any applicable City Code. • The Promotional Materials Over the Street Right of Way must not exceed 40 feet wide by 5 feet high, and must be located a minimum of 15 feet above the street pavement. • The Promotional Materials Over the Street Right of Way may be installed up to seven days prior to the event, and must be removed no later than two days after the event. In the event that two special events' timeframes overlap, the applicant who submits a completed application first will be given preference. Traffic safety and use of traffic camera footage are both high priorities of City staff. As such, each application will be reviewed by multiple City departments, and must be approved by the City Manager, Police Department, and Engineering Department prior to installation. Promotional Materials Over the Street Right of Ways will be approved only when they do not impede traffic safety and do not cause significant blockage of traffic camera sightlines. Promotional Materials Over the Street Right of Ways must be attached to brackets installed on private buildings. As such, the applicant must include approval of all relevant building owners, as well as any commercial tenants of those buildings, as part of the Promotional Materials Over the Street Right of Way application. The terms and conditions of the Promotional Materials Over the Street Right of Way permit describe the applicanYs obligations to the City of Dubuque only. Any requests or requirements between the building owner and applicant must be determined separately from the application between the two entities. The City cannot regulate content of Promotional Materials Over the Street Right of Ways in the aftermath of the United States Supreme Court case Reed v. Town of Gilbert. City may still regulate signs and sign-like materials on time, manner, and place criteria as the City has done in the Promotional Materials Over the Street Right of Way policy, but content-based regulation of any group or organization's Promotional Materials Over the Street Right of Way will not be lawful. As part of the Special Event application, all Promotional Materials Over the Street Right of Way applications will be reviewed by the City Manager, City Clerk, Police, Building Services, Planning Services, Engineering, Finance, and Legal Departments before a permit is issued. The City Manager's Office may, in its sole discretion, waive the requirements of this policy and/or modify the special event application when a Promotional Materials Over the Street Right of Way is used in conjunction with the special event. RECOMMENDED ACTION I respectfully recommend City Council approval of the attached Promotional Materials Over the Street Right of Way policy, to supplement the existing Special Events Permit. CC: Keith Rahe, Dubuque Area Convention and Visitors Bureau Dan LoBianco, Dubuque Main Street Laura Carstens, Planning Services Manager David Johnson, Acting Building Services Director Randy Gehl, Public Information Officer Maureen Quann, Assistant City Attorney Kevin Firnstahl, City Clerk Marie Ware, Leisure Services Manager Jane Smith, Engineering Assistant II Pam McCarron, Permit Clerk Jeff Zasada, Building Inspector