2013 - First reading for bannersSouth Miami
AlAffokaM
CITY OF SOUTH MIAMI I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director j/'
Date: June 4, 2013 ITEM No.
An Ordinance of the City of South Miami, Florida amending Section 20- 4.3(N) - banners
over rights -of -way, to allow for administrative review and approval of requests for banners
and providing for conflicts.
BACKGROUND
At a recent City Commission meeting, Commissioner Welsh suggested that rather than having
co applicants for banners over the public right -of way coming to the City Commission for approval,
that it could be handled through an administrative approval of the City Manager. Additionally,
Vice Mayor Liebman requested that consideration be given to changing the fee structure for
events being held outside of the City versus events within the City. Staff prepared the following
amendments for review by the Planning Board and City Commission.
At their May 14, 2013 Planning Board meeting, the Board discussed the proposed changes and
recommended that since fees are adjusted from time to time, the fees be removed from the
ordinance and reference them in the City's adopted fee schedule. There was also discussion on
the proposal to charge different fees for events held within the City versus events outside of
South Miami. The City Attorney suggested that it may be more appropriate to have a flat fee and
provide a discount for events held in South Miami. The Board voted unanimously to recommend
the proposed changes as amended.
The following changes are proposed:
Section 20 -4.3
(N) Banners over Rights -of -Way.
(1) Organizations wishing to display a banner over rights -of -way in the City
of South Miami must submit to the Planning Department a "Banner
Request" application at least thirty (30) days in advance of event.
PB -13 -013 -Amending Sec 20- 4.3(N)
May 14, 2013
Page 2 of 2
(2) The city Ea�r� mana er will review all requests and will determine
whether the request conforms to the following guidelines:
(a) Only not for profit organizations may display banners;
(b) Banners for no more than three (3) special events shall be
displayed at any given time;
(c) Banners may only be displayed ten (10) to fourteen (14) days
before the advertised event takes place; —, and banners must be
removed within five (5) days after the end of the special event.
(d) Banner design, artwork, color, size, proposed location and wording
must be approved by the city manager, and must be
submitted along with request.
(3) The organization displaying a banner must provide proof of public liability
insurance naming the City of South Miami as additionally named insured
for the period of time banner is displayed.
(4) The organization requesting the banner shall pay a fee established in the
City's adopted fee schedule Tt ie organization m
and fifty y doll.,r ($250.00) fee in advance, or the actual cost incurred by the
city to hang and remove the banner, whichever is rg eater. The city
commission may adjust this fee from time to time in order to reflect the
current costs of installation. The city or one (1) of the firms approved by
the city to hang and remove the banners will be the only entities
performing this task.
Banners shall be dropped off for installation and picked up after removal
at the City's Public Works Department at times determined by the Public
Works Department. It is the applicant's responsibility to collect their
banners within five (5) business days following the event The Public
Works Department shall dispose of all banners not picked up by the
applicant within the specified time frame. Banners not delivered and/or
picked up in a timely manner may incur an additional fee for installation
or storage.
RECOMMENDATION
Staff recommends approval of the proposed ordinance amendments for banners over rights -of-
way.
Z: \Commission items\2013 \64-13 \Sec 204.3(N) Banners \Ord amendment Banners over ROW_CM report_5- 22- 13.docX
1 ORDINANCE NO.
2
3 An Ordinance amending Section 20- 4.3(N) - banners over rights -of-
4 way, to allow for administrative review and approval of requests for
5 banners; providing a reference to the city's fee schedule; providing
6 additional requirements for applicant's responsibilities.
►A
8 WHEREAS, at a recent City Commission meeting, Commissioner Welsh requested that
9 the City consider regulations which would grant the City Manager administrative approval of
10 banners over the public right -of -way; and
11
12 WHEREAS, the land development code currently requires all requests for banners over
13 public right -of way to be reviewed and approved by the City Commission;
14
15 WHEREAS, administrative approval of such banners will streamline the process for
16 approvals; and
17
18 WHEREAS, at their May 14, 2013 Planning Board meeting following a public hearing,
19 the board voted unanimously to recommend approval of an amended version of the proposed
20 ordinance, removing the fees from the land development code and referencing the City's adopted
21 fee schedule; and
22
V3 WHEREAS, the City Commission is desirous of accepting the Planning Board's
24 recommendation.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. Section 20- 4.3(N) of the City of South Miami Land Development Code is
-30 hereby amended to read as follows:
31
32 Section 20 -4.3
33 (N) Banners over Rights -of -Way.
34
35 (1) Organizations wishing to display a banner over rights -of -way in the City
36 of South Miami must submit to the Planning Department a "Banner
37 Request" application at least thirty (30) days in advance of event.
38 (2) The city mana er will review all requests and will determine
39 whether the request conforms to the following guidelines:
40 (a) Only not for profit organizations may display banners;
41 (b) Banners for no more than three (3) special events shall be
42 displayed at any given time;
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(c) Banners may only be displayed ten (10) to fourteen (14) days
before the advertised event takes place;.,. and banners must be
removed within five (5) days after the end of the special event.
(d) Banner design, artwork, color, size, proposed location and wording
must be approved by the city manager, and must be
submitted along with request.
(3) The organization displaying a banner must provide proof of public liability
insurance naming the City of South Miami as additionally named insured
for the period of time banner is displayed.
(4) The organization requesting the banner shall pay a fee established in the
City's adopted fee schedule The organization must pay a t3v;Few
and fifty dollar- ($250 00 f e in advance, or the actual cost incurred by the
city to hang and remove the banner, whichever is greater. The city
commission may adjust this fee from time to time in order to reflect the
current costs of installation. The city or one (1) of the firms approved by
the city to hang and remove the banners will be the only entities
performing this task.
Banners shall be dropped off for installation and picked up after removal
at the City's Public Works Department at times determined by the Public
Works Department. It is the applicant's responsibility to collect their
banners within five (5) business days following the event The Public
Works Department shall dispose of all banners not picked up by the
applicant within the specified time frame. Banners not delivered and/or
picked up in a timely manner may incur an additional fee for installation
or storage.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re- lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
31 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
32 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
33 shall not affect the validity of the remaining portions of this ordinance.
34 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
35 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
36
37 Section 5. Effective Date. This Ordinance shall become effective immediately upon
38 adoption.
39
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41
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PASSED AND ADOPTED this , day of , 2013.
ATTEST:
CITY CLERK
1 st Reading:
2nd Reading:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Page 3
DRAFT
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iii' OF SC}UTH I1r�T►MI,
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_ ;Regulareetmginufes Excerpt
City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City " action is broadly described to include the ranking and selection ofprofessional consultants, and
virtually all - legislative, quasi-judicial and administrative action.
1. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:58PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Ms. Fischer, Mr. Greiner, Dr. Philips and Mrs. Beckman.
Board Member absent: Mr. Fernandez, Dr. Hauri
City staff present: Mr. Christopher Brimo (Planning Director) and Mr. Marcus Lightfoot
(Zoning Review Coordinator).
City staff absent: Ms. Tiffany Hood (Board Secretary).
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
IV. Public Hearings
1. PB -13 -013
Applicant: City of South Miami
An Ordinance of the City of South Miami, Florida amending Section 20- 4.3(N) - banners
over rights -of -way, to allow for administrative review and approval of requests for
banners; providing for repeal; providing for conflicts.
Applicant: City of South Miami
Mr. Greiner read the item into the record.
Mr. Brimo presented the item to the Board.
The Chairman opened the public hearing.
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There were no public comments.
The Chairman closed the public hearing.
The Board held a brief discussion on the proposal.
Motion: Mrs. Beckman motioned for approval with the three amendments. Dr. Philips seconded
the motion.
Vote: Yes 5, No 0
Mr. Greiner: Yes
Dr. Whitman: Yes
Mrs. Beckman: Yes
Dr. Philips: Yes
Ms. Fischer: Yes
V. Approval of Minutes:
Planning Board Minutes of April 22, 2013 — The Board members reviewed the minutes and
were in favor of approval of the minutes.
Motion: Mrs. Beckman motioned for approval of the minutes as presented. Ms. Fischer
seconded the motion.
Vote: Yes 5, No 0
Mr. Greiner: Yes
Dr. Whitman: Yes
Mrs. Beckman: Yes
Dr. Philips: Yes
Ms. Fischer: Yes
VI. Future Meeting Dates: June 11, 2013
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:45 PM.
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