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Res. No. 097-09-12906RESOLUTION NO. 97-09-12906 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE THE CITY OF SOUTH MIAMI JULY 4 CELEBRATION TO BE HELD AT PALMER PARK ON JULY 4,2009; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights -of way" all non - profit organizations proposing to display a special event banner over a City street must submit a Banner Request Application; and WHEREAS, the applicant, City of South Miami Parks and Recreation Department, a non- profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote the July 4 celebration to be held at Palmer Park on July 4, 2009; and WHEREAS, the submitted application contains the required banner design document; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the July 4, 2009 celebration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the application submitted by the City of South Miami Parks and Recreation Department, a non -profit organization, requesting approval to hang a banner at 5880 Sunset Drive in order to promote the City of South Miami July 4, 2009 celebration to be held at Palmer Park on July 4, 2009 is hereby approved for hanging during the period June 22- July 4, 2009. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED thisl 9 tbay of May , 2009. ATTEST: READ AND APPROVED AS TO FORM: ��� f♦ �. X: \Comm Items\2009 \5 -19-09 \1ianner Approval July 4 Event Resolution.doc Commission Vote: 4 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea South Miami AII•AmericaCBy 1 1 oAP;7A CITY OF SOUTH MIAMI �C o a OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager - &-AC� From: Thomas J. Vageline, Planning and Zoning Directo>� Date: May 19, 2009 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE THE CITY OF SOUTH MIAMI JULY 4 CELEBRATION TO BE HELD AT PALMER PARK ON JULY 4,2009; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, City of South Miami Parks and Recreation Department, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote the July 4 "Extravaganza" celebration event to be held at Palmer Park. APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting adopted Ordinance No. 10 -07 -1911 amending the Land Development Code to require approval of all banners placed across a public street. The ordinance created Section 20 -4.3 (N) which sets forth regulations governing the placement of banners. Attached is a copy of the ordinance. SPECIFIC BANNER REQUEST It is requested that the proposed banner be placed across Sunset Drive at 5880 Sunset Drive. The event is scheduled to take place on Friday, July 4, 2009. Attached is a copy of the application, and a banner design document. The Code limits the display period for a banner to a maximum of 14 days prior to the event. The banner will be displayed June 22- July 4, 2009. RECOMMENDATION It is recommended that the banner request be approved for the time period limit set forth in the Land Development Code (14 days prior to the event). Attached is an approval resolution. Backup Documentation: Draft Resolution Banner Application and banner design Ordinance 10 -07 -1911 Banner Status Report X. (Comm ltems1200915- 19- 091Banner Approval July 4 Evend CM Report.doc Y a 1 27 ` 1 .lj �� {J <<tltPCMaCfl: f.• �� CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F133143 305- 663 -6326 Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. 10-07-1911; LDC Section 20- 4.3(N) Attached Name of Not for Profit :a, k 'Pe e ��c�� i D Organization ( `s � k, !n 0'.' S Address of Organization Co� �� s� r�S2 i ''.) P Contact Person 0-'e-1C—CL!E 001 c cu Lx- Title lO'ot nE I�acksa�eUrn�mstPhone C7 �1�(tz'aLl `�L Krd Briefly describe event for which you wish to display a banner in South Miami. Event date(s) Dates banner to be displayed (Q d Alp to p9 `b80�,�+se Location(s) ©v�e� Sta,.Y1S2 i' A fee of $300 per ba at r is required to cover cost incurred by the city to hang and remove the banner. , s /_ / cam+ Cv<- Received Check # V �U ATTACHME S REQUIRED: Proof of Insurance OivRec'd / Banner Design (including wording) Recd = City Commission Approval Resolution No. Date. Date _ City Manager (To be signet! by City Managerfollowing approval by City Commission) Rev. 1212008 Pa Fornsl PB- Bm:ner Application, Bloc ORDINANCE NO. 10-07-1911 AN ORDINANCE OF THE MAYOR AND CITY COMIVHSSION. OF THE CITY OF SOUTH iYIIAR'H, FLORIDA, AN.IENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH MIA ff LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LIIMTATIONS, APPLICATION FEES AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1995 the City Commission approved Resolution No. 140 -95 -9689 setting forth a policy to regulate the hanging of barriers to promote special events in the City; and WHEREAS, the current policy adopted in 1995 limits banner placement to special events by non - profit organizations and requires City Commission approval; and WHEREAS, the Mayor has requested that this policy be codified by incorporating the current policy set forth in Resolution No. 140 -95 -9689 into the signage section of the Land Development Code; and WHEREAS, the Planning Department has prepared an amendment to the Land Development Code which creates new Section 20 -4.3 (N) to be entitled "Banners over rights -of -way; and WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing, approved a motion by a vote of 6 ayes I nay recommending that the proposed Land Development Code amendment contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will read as follows: Section 20-4.3M Banners over rights -of -v ay (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 30 days in advance. (2) The City Commission 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 special events shah be displayed at any given time; (c) Banners maybe displayed 10 -14 days before the advertised event takes place; banners must be removed within five days after the end of the special event. Ord. No. 10 -07 -1911 (d) Banner design, color, size, proposed location and wording must be approved by the City Commission, 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 insured for the period of time banner is displayed. (4) The organization must pay a $250 fee in advance or the actual cost TF incurred by the City to hang and remove the banner. The City Commission may adjust this fee from time to time in order to reflect the current costs of installation. The City or one of the firms approved by the city to hang and remove the banners will be the only entities Performing this task. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1st EST: CT-Y CLERK i '` Reading— 4/3/07 2n° Reading — 5 / 1 / 0 7 READ AND APPROVED AS TO FORM: 2I Y ATTORNEY day of M< <, NComm kems1nO7\4- 24- 07TB -07 -005 LDC Amend Banner Sig s Ord.doc COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiiscombe: Yea Commissioner Palmer: Yea Commissioner Birts Yea Commissioner Beckman: Yea 0 l w O � H H Ha �W o� wp Q � �z V` H H Q O O •� .ti y N r+ N -+ o0 00 N N 00 N 00 N i .-i O oo O N v) vri O ioi 0 0 C7% C> O C� Or O 41 O Y Yq Y Yq Y i-+ Y M v1 v1 DO rn v1 to O O a> O O O W 00 00 oc 00 00 00 It O oo o S. 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