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09-15-09 Item 18South Miami OfteficaNy I F CITY OF SOUTH MIAMI 1111. OFFICE OF THE CITY MANAGER Iu-rrr� r%rrli.r R ern ern 2001 1u■ -1 ILY —I = = L-2 7 e111 �►7� To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Thomas J. Vageline, Planning Director jam( Planning and Zoning Department �l� Date: September 15, 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 AT 5880 SUNSET DRIVE TO PROMOTE THE CITY'S SAFE STREET HALLOWEEN EVENT TO BE HELD ON OCTOBER 31, 2009: PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S - REQUEST The applicant the City of South Miami, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote its Safe Street Halloween program which will take place in the downtown area on October 31, 2009. The Red Sunset Merchants Association will participate with the City in providing a safe environment for children and families on Halloween. APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting amended 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 that section. SPECIFIC BANNER REQUEST The proposed banner would be placed across Sunset Drive at 5880 Sunset Drive. Attached is a copy of the application. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to the event. The applicant has requested a display time period of 14 days, October 17, 2009 thru October 31, 2009. RECOMMENDATION It is recommended that the banner request be approved for the time period limit as requested.. Attached is an approval resolution. Backup Documentation: Draft Resolution ; Banner Application; Banner Status Report 2009 LDC Section 20- 4.3(N) TJY/SAYX: (Comm Items120W9- 15- 090anner Approval SMSafe Street Halloween CMReport.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO, LAND 5 DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A 6 BANNER OVER SUNSET DRIVE AT 5880 SUNSET DRIVE TO PROMOTE THE 7 CITY'S SAFE STREET HALLOWEEN EVENT TO BE HELD ON OCTOBER 31, 2009: 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over 11 rights -of way" all non - profit organizations proposing to display a special event banner over a City 12 street must submit a Banner request application; and 13 14 WHEREAS, the 'applicant, the City of South Miami, a non - profit organization, has 15 submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 16 5880 Sunset Drive in order to promote its annual Safe Street Halloween Program which event will 17 take place on October 31, 2009; and 18 19, WHEREAS, the Mayor and City Commission of the City of South Miami desire to 20 support the Safe Street Halloween Program. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. That the banner request submitted by the City of South Miami, a non- profit 26 organization, requesting approval to hang a banner (as shown on the attached Exhibit "A ") over 27 Sunset Drive at 5880 Sunset Drive in order to promote,its Safe Street Halloween Program to be 28 held on October 31, 2009, in the City of South Miami downtown area, is hereby approved for the 29 period October 17 thru October 31, 2009. 30 31 32 33 34 35 36 37 38 39 40 41 Section 2, This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of , 2009. ATTEST: APPROVED: CITY CLERK 42 READ A PPROVED AS TO FORM: 43 44 4\ 47 CITY ATTORNEY MAYOR 48 49 XAComm ltems\2009 \9 -15 -09 \Banner SM Safe Street Halloween Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: 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 Organization City of South Miami- Special Events / Marketing Division Address of Organization 6130 Sunset Drive Contact Person Patrick Dulcio / Lissett Rivera Title Coordinators Phone (305) 663 -6339 Briefly describe event for which you wish to display a banner in South Miami. City of South Miami annual "Safe Street Halloween" events is gear toward, promoting safe habits for children. Here they can eniov an evening of 'Prick -or- Treats, downtown in a safe and fun environment. Banner Specifications are: 30ft long x aft wide Event date(s) October 31, 2009 Dates banner to be displayed October 16, 2009 to October 31, 2009 Location(s) 5880 Sunset Drive A fee of $300 per banner is required to cover cost incur a by the city to hang and remove the banner. Received by WAIVED Check # N/A ATTACHMENTS REQUIRED: Proof of Insurance Rec'd Banner Design (including wording) Rec'd I/ ----------------------------------------------------------------------------------------------------- - - - - -- City Commission Approval Resolution No. - Date Date City Manager (To be signed by City Manager following approval by City Commission) e 9 t i ' K � f • I 1 4 I {M ?rx r e •• •�g Sx.+x S Hm m ! 9 '1 aI 1� r Rat $ )a. �r 1• -i,�n 1 t�' { 1��� ".�J�,3fi Ftl"'z �,-r.� 5 f4 s r Ak ,i J k '.iS < L I, {I An �i+ 'iyi "`f ' 'Y r RTM 1, I- I ` fh S t j {, xn 111 ?1 4 c � N7 i tl z G l 4 I {M ?rx r e •• •�g Sx.+x S Hm m ! 9 '1 aI 1� r Rat $ )a. �r 1• -i,�n 1 t�' { 1��� ".�J�,3fi Ftl"'z �,-r.� 5 f4 s r Ak ,i J k '.iS < L I, {I An �i+ 'iyi "`f ' 'Y r RTM 1, I- I ` fh S t j {, xn 111 ?1 4 c � N7 i tl z G OTHER REGULATIONS 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. (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 (3) special events shall be displayed at any given time; (c) Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes place; banners must be removed within five (5) days after the end of the special event. (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 two hundred and fifty- dollar ($250.00) fee in advance or the actual cost 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 (1) of the firms approved by, the city to hang and remove the banners will be the only entities performing this task. (Ord. No 1 -91 -1466, 1- 15 -91; Ord. No. 9 -92 -1504, 5- 19 -92; Ord. No. 4 -93 -1533, 6 -1 -93; Ord. No. 18 -93 -1544, §§ 2, 3, 11- 16 -93; Ord. No. 19 -96 -1619, § 1, 10 -1 -96; Ord. No. 6 -98 -1654, § 3, 4- 21 -98; Ord. No. 9 -99 -1683, §§ 2, 3, 5 -4 -99; Ord. No. 22 -01 -1753, § 1, 10 -2 -01; Ord. 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