10-21-08 Item 4To:
Via:
From:
Date:
South Miami
JDAmedcaC i
CITY OF SOUTH MIAMI 111111
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Ajibola Balogun, City Manager 'A��
Ricardo Soto -Lopez MUP, Planning Director
October 21, 2008
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 68TH
ANNUAL FAIRCHILD TROPICAL GARDEN RAMBLE FESTIVAL A FUNDRAISING
FAMILY EVENT TO BE HELD AT THE GARDENS NOVEMBER 8 -9, 2008:
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Fairchild Tropical Botanic Gardens, a non - profit organization, has submitted a
Banner Request Application asking for approval to hang a banner over Sunset Drive in order to
promote a the 681h Annual Fairchild Tropical Garden Ramble a fundraising family event to be
held at Fairchild Gardens, 10901 Old Cutler Road
APPLICABLE REGULATIONS
The City Commission at its May 1, 2007 meeting adopted Ordinance No. 10 -07 -1.911 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 would be placed across Sunset Drive at 5880 Sunset
Drive. The event is scheduled to take place on the weekend of November 8 -9, 2008. Attached is a
copy of the application, and a banner design document. 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 24- November 7, 2008.
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 I0 -07 -1911
RSL /SAY
X: \Comm Items \2008 \10 -21 -08 \Banner Approval Fairchild Ramble Event CM Report.doc
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
5 DEVELOPMENT CODE SECTION 20- 4.3(15) TO PERMIT THE INSTALLATION OF A
6 BANNER OVER SUNSET DRIVE TO PROMOTE THE 68TH ANNUAL FAIRCHILD TROPICAL
7 GARDEN RAMBLE FESTIVAL A FUNDRAISING FAMILY EVENT TO BE HELD AT THE
8 GARDENS NOVEMBER 8-9,2008; 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, Fairchild Tropical Botanic Tropical Gardens, a non - profit
15 organization, has submitted a Banner Request Application asking for approval to hang a banner over
16 Sunset Drive in order to promote a the 68th Annual Fairchild Tropical Garden Ramble a fundraising family
17 event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on
18 the weekend of November 8 -9, 2008; and
19
20 WHEREAS, the submitted application contains the required insurance statement,
21 banner design document, and fee; and
22
23 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
24 support Fairchild Tropical Botanic Gardens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. That the request submitted by the Fairchild Tropical Botanic Gardens, a non-
30 profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over
31 Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled the 68th Annual
32 Fairchild Tropical Garden Ramble a fundraising family event to be held at Fairchild Gardens, 10901 Old
33 Cutler Road which will take place at the Gardens on the weekend of November 8 -9. 2008 is hereby
34 approved for hanging during the period October 24- November 7, 2008.
35
36 Section 2. This resolution shall be effective immediately upon being approved.
37
40 PASSED AND ADOPTED this , day of 92008.
41
42 ATTEST: APPROVED:
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46 CITY CLERK MAYOR
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(2)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X:\Commltems\2008\10-21-08\Banner Fairchild Ramble Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
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 . 11(A '°(� (� CCU � G(ACkg C � �?.VC1 i> .
Address of
Organization \o_ 0 �
L cn (�
Contact Person y
Title %a,V _ 1, Phone � 5� �G l�? ! s �)� ` _33 6
Briefly describe event for which you wish to display a banner in South Miami.
kh
Event date(s)
Dates banner to be displayed
A
c h.�k': S p�- c�,icA.mS` _
2`A to �) j em be r _-
Location(s) F
A fee of $250 per bann is required to cover cost incurred by the city to hang and remove � , -)
the banner.
Received by Check # 6 _7L 3
ATTACHMENTS REQ(�D: Proof of Insurance Rec'd
Banner Design (including wording) Recd -�^
➢ Banners will be displayed 10 -14 days before the advertised event takes place;
banners will be removed by the City after the end of the special event.
➢ Banner Specifications - 30 Feet long X 3 -4 Feet Wide, 60 Feet of !/2 nylon rope with
hooks and the banner must have vents.
-------------------------------=---------------------------------------------------------------------------
City Commission Approval Resolution No. Date
Date
City Manager
(To be signed by City Manager following approval by City Commission)
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ORDINANCE NO. 10 - 0 7 -1911
AN ORDINANCE OF THE MAYOR AND CTTY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 204.3 SIGN REGULATIONS OF
THE SOUTH NIIANII LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
APPLICATION REQUIREMENTS, DISPLAY LUMTATIONS, 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 banners 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 (1) 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 1 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
COMIVIISSION OF THE CITY OF SOUTH NIIANII, 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 -wa
(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 shall be displayed at any given
time;
(c) Banners may be 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
2
(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
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 gW 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 1 St day of
EST:
1-1)( CLERK
1' Reading - 4/3/07
2 °d Reading - 5/1 /0 7
READ AND APPROVED AS TO FORM:
w • ' _
M=xy nAA"
R \Comm Items\2007\4- 24- 07\PB- 07-008 LDC Amend Banner Signs Ord.doc
COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETINGS; RESCHEDULING THE NOVEMBER 4, 2008
CITY COMMISSION MEETING TO NOVEMBER 6, 2008; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that
the City Commission shall hold regular meetings at 7:30 p.m., on the first and third Tuesdays of
each month except for June and July; and
WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also provides
that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted
by a majority of the entire membership of the City Commission; and
WHEREAS, due to the Presidential General Election being held Tuesday, November 4,
2008, the Mayor and City Commission desire to reschedule its regular meeting of Tuesday,
November 4, 2008 to Thursday, November 6, 2008.
NOW THEREFORE ' BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The regular City Commission meeting for Tuesday, November 4, 2008 has
been rescheduled to Thursday, November 6, 2008.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 21St day of October 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
49 CITY ATTORNEY
APPROVED:
U Ev • '
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
S