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Home My WebLink About2009 04 27 Consent 202 Resolution 2009-29 Pole Banner ProgramCOMMISSION AGENDA ITEM 202 April 27, 2009 Regular Meeting _____ Consent X Informational Public Hearing Regular Mg . / ept. Authorization REQUEST: The Community Development Department, Urban Beautification Division, is requesting the City Commission adopt Resolution 2009-29, allowing for the establishment of a Pole Banner Program as approved in Commission Agenda Item 603 on April 13, 2009. PURPOSE: The purpose of this agenda item is to receive approval for Resolution 2009-29, which establishes a Pole Banner Program and authorizes the installation of pole banners at thirteen (13) signalized intersections located throughout the City. CONSIDERATIONS: On April 13, 2009 at a regular meeting, the City Commission approved Agenda Item 603, providing for the installation of twenty-six (26) pole banners at thirteen (13) signalized intersections at a cost of $10,140 plus a 10% contingency. The City Commission agreed to revisit the issue in 180 days to determine if pole banners would be needed in additional areas of the City. As part staff's recommendation under Item 603, the need for a Resolution of the City Commission was proposed that would allow for the creation of a Pole Banner Program and for banners to be installed at specific signalized intersections throughout the City. Due to the lack of provision for pole banner installations in the City's Code of Ordinances, a resolution is necessary to provide clarification and the enabling language for pole banners to be installed in approved locations on public property. FUNDING: There is no additional funding required for the approval of Resolution 2009-29. RECOMMENDATIONS: Staff recommends the City Commission approve Resolution 2009-29, establishing a City Pole Banner Program, making findings supporting the banner program and authorizing the City to create, finance, install and maintain pole banners at approved signalized intersections throughout the City. IMPLEMENTATION SCHEDULE: The approved Pole Banner Program will be implemented immediately upon City Commission approval of Resolution 2009-29. ATTACHMENTS: 1. Resolution 2009-29 -Pole Banner Program. COMMISSION ACTION: RESOLUTION N0.2009-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, ESTABLISHING A CITY BANNER PROGRAM; MAKING 11!')<NDINGS SUPPORTING THE BANNER PROGRAM; AUTHORIZING THE CITY TO CREATE, FINANCE, INSTALL AND MAINTAIN POLE BANNERS AT SIGNALIZED INTERSECTIONS IN FURTHERANCE OF THE BANNER PROGRAM; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby desires to establish a banner program under which the City will exclusively create, finance, install and maintain pole banners at various signalized intersections ("Banner Program"}; and WHEREAS, the intent and purpose of the Banner Program is to allow the City to beautify the City and its streets by displaying seasonal and non-seasonal decorative banners, to inform the public about and promote community public events, to inform the public about City programs, and to promote the City's image, history, and heritage; and WHEREAS, it is further the intent and purpose of the Banner Program to enhance the City's ability to communicate with the general public and therefore, the City will have complete editorial control over the design and content of the banners that are publicly displayed under the Banner Program; and WHEREAS, it is also the intent and purpose of the Banner Program to al low the City to promote its views and therefore, it is not the intent and purpose of this Resolution to allow private or other parties to install banners under the Banner Program or at signalized intersections; and WHEREAS, the City Commission desires that the Banner Program be construed as "government speech" and not as a public forum under the First Amendment; See, e.g., City of Pleasant Grove v. Summun, 555 U.S. (2009) (Placement of a permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny}; Wetls v. City and County of Denver, 257 F. 3d 1132 (10~' Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building); and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Sec_. won 2. Findings. The City Commission finds that the use of existing public infrastructure (traffic signal mast arms) for purposes of erecting public banners is a low cost and effective way for the City to communicate certain City messages to the general public that travel on City roadways. The City Commission hereby further finds that adopting a public banner program will give the City the means by which to communicate and promote the. City's: (i)on-going community-wide beautification efforts; (ii} community and special events; (iii) programs; and (iv) image, history, and heritage. Section 3. Banners. The City is hereby authorized to exclusively create, ftnance, install and maintain pole banners onmast-arms at various signalized intersections. The City shall maintain compete control over the banner's construction, message, and placement. The primary themes and messages depicted on the banners shall be limited to: (i) seasonal and non-seasonal themes related to on-going community-wide beautification efforts; (ii) promoting community and special events to be held within the City; (iii) promoting City sponsored and co-sponsored programs; and (iv) promoting the City's image, history, and heritage. Nothing herein shall limit the City's ability to acknowledge on banners major sponsors and underwriters of City programs and community and special events, provided said acknowledgment is incidental to the primary theme and message on the banner authorized by this Resolution. Section 4. Placement. The banners shall be installed on mast-arms located at signalized intersections. At the effective date of this Resolution, the following locations are approved: State Road 434 •Sheoah Blvd. • Edgemon Avenue • Moss Road • Hayes Road • State Road 419 • Parkstone Blvd. (Entrance to Winding Hollow and Parkstone Subdv.) • Central Winds Blvd. • Doran Drive • Tuskawilla Road • Vistawilla Drive Tuslcawilla Road • Trotwood Blvd. City of Winter Springs Resolution 2009-29 Page 2 of 3 Winter Springs Blvd. State Road 419 N. Edgemon Avenue The City Commission may approve additional or eliminate existing locations by majority vote. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section ?. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 27``' day of April, 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2009-29 Page 3 of 3 RESOLUTION N0.2009-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, ESTABLISHING A CITY BANNER PROGRAM; MAKING FINDINGS SUPPORTING THE BANNER PROGRAM; AUTHORIZING THE CITY TO CREATE, FINANCE, INSTALL AND MAINTAIN POLE BANNERS AT SIGNALIZED INTERSECTIONS IN FURTHERANCE OF THE BANNER PROGRAM; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby desires to establish a banner program under which the City will exclusively create, finance, install and maintain pole banners at various signalized intersections ("Banner Program"); and WHEREAS, the intent and purpose of the Banner Program is to allow the City to beautify the City and its streets by displaying seasonal and non-seasonal decorative banners, to inform the public about and promote community public events, to inform the public about City programs, and to promote the City's image, history, and heritage; and WHEREAS, it is further the intent and purpose of the Banner Program to enhance the City's ability to communicate with the general public and therefore, the City will have complete editorial control over the design and content of the banners that are publicly displayed under the Banner Program; and WHEREAS, it is also the intent and purpose of the Banner Program to allow the City to promote its views and therefore, it is not the intent and purpose of this Resolution to allow private or other parties to install banners under the Banner Program or at signalized intersections; and WHEREAS, the City Commission desires that the Banner Program be construed as "government speech" and not as a public forum under the First Amendment; See, e.g., City of Pleasant Grove v. Summun, 555 U.S. (2009) (Placement of a permanent monument in a public park viewed as government speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10~' Cir. 2001) (City acted within its rights to control the contents of its own speech by prohibiting private holiday display on steps of city building); and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the use of existing public infrastructure (traffic signal mast arms) for purposes of erecting public banners is a low cost and effective way for the City to communicate certain City messages to the general public that travel on City roadways. The City Commission hereby further finds that adopting a public banner program will give the City the means by which to communicate and promote the City's: (i) on-going community-wide beautification efforts; (ii) community and special events; (iii) programs; and (iv) image, history, and heritage. Section 3. Banners. The City is hereby authorized to exclusively create, finance, install and maintain pole banners onmast-arms at various signalized intersections. The City shall maintain compete control over the banner's construction, message, and placement. The primary themes and messages depicted on the banners shall be limited to: (i) seasonal and non-seasonal themes related to on-going community-wide beautification efforts; (ii) promoting community and special events to be held within the City; (iii) promoting City sponsored and co-sponsored programs; and (iv) promoting the City's image, history, and heritage. Nothing herein shall limit the City's ability to acknowledge on banners major sponsors and underwriters of City programs and community and special events, provided said acknowledgment is incidental to the primary theme and message on the banner authorized by this Resolution. Section 4. Placement. The banners shall be installed on mast-arms located at signalized intersections. At the effective date of this Resolution, the following locations are approved: State Road 434 • Sheoah Blvd. Edgemon Avenue • Moss Road • Hayes Road • State Road 419 • Parkstone Blvd. (Entrance to Winding Hollow and Parkstone Subdv.) • Central Winds Blvd. • Doran Drive • Tuskawilla Road Vistawilla Drive Tuskawilla Road • Trotwood Blvd. City of Winter Springs Resolution 2009-29 Page 2 of 3 Winter Springs Blvd. State Road 419 N. Edgemon Avenue The City Commission may approve additional or eliminate existing locations by majority vote. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 7. Effective Date. This Resolution shall become effective immediatelyupon,adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, ~'lori~, in a regular meeting assembled on the 27`'' day of April, 2009. ,,~--~~ Y JO F. BUSH, Mayor . -~ ATT~S~': ;, ~ ~~ ~~~- A A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2009-29 Page 3 of 3