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6South Miami CITY OF SOUTH MIAMI P OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Mem ers the City Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director lX� 1 Planning and Zoning Department Date: April 6, 2010 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 a Food and Garden Festival, a fund raising event to be held at Fairchild Tropical Garden April 24 -25, 2010; 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 Food and Garden Festival, a fundraising event to be held at Fairchild Gardens, 10901 Old Cutler Road. 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 It is requested that the proposed banner be placed across Sunset Drive at 5800 Sunset Drive. The event is scheduled to take place on the weekend of April 24 -25, 2010. Attached is a copy of the application, insurance certificate, and the 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, April 10 -25, 2010. 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, banner design, Insurance Certificate, LDC Section 20- 4.3(N), Banner Status Report 2010 MISAY 7: (Comm ltems1201014- 6- 10IBanner Fairchild Food Garden Event CM Report. doc I RESOLUTION NO. 2 3 A Resolution of the Mayor and City Commission of the City of South Miami, 4 Florida concerning an application pursuant to Land Development Code 5 Section 20- 4.3(N) to permit the installation of a banner over Sunset Drive to 6 promote a Food and Garden Festival, a fund raising event to be held at 7 Fairchild Tropical Garden April 24 -25, 2010; providing for an effective date. 8 9 10 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights - 11 of way" all non - profit organizations proposing to display a special event banner over a City street 12 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 16 over Sunset Drive in order to promote a Food and Garden Festival, a fundraising event to be held 17 at Fairchild Gardens, 10901 Old Cutler Road which on the weekend of April 24 -25, 2010; and 18 19 WHEREAS, the submitted application contains the required insurance statement, banner 20 design document, and fee; and 21 22 WHEREAS, the Mayor and City Commission of the City of South Miami desire to support 23 Fairchild Tropical Botanic Gardens. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 26 OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. That the request submitted by the Fairchild Tropical Botanic Gardens, a non- 29 profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over 30 Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled the Food and 31 Garden Festival, a fund raising event to be held at Fairchild Gardens, 10901 Old Cutler Road on 32 the weekend of April 24 -25, 2010 is hereby approved for hanging during the period April 10 -25, 33 2010. 34 35 Section 2. This resolution shall be effective immediately upon being approved. 36 37 38 39 PASSED AND ADOPTED this day of 2010. 40 41 ATTEST: APPROVED: 42 43 44 45 CITY CLERK MAYOR 46 47 48 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0� READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X:\Comm Items\2010 \4 -6 -10 \13anner Fairchild Food Garden Event Resolution.doc t � i i r ur 5 =H MlAMi CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F133143 305 -663 -6326 PAGE 01 y -p- /o -Ib `�' 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- 071911; LDC Section 20.43(N) Attached Name of Not for Profit p ' Organization 1-Ri yC11,1 l p f e aE bo igniC EtQr Address of Organization i � '7©i Old C'J HCI' RO LA- co-Tai Ft- 5515-9) Contact Person �ti mi Title C 0 !Y 3 P12 CU P P Phone > .3 go S_ P0 5s- Briefly describe event iior, ­' ;4g,0k you wash to display a banner in South Miami. Dates banner to be displayed 4,fl-11 !! to 5— Location(s) ° sq'�o® y alt` FOO A fee ofAWper banner is required to cover cost incurred ky the city to hang and remove the banner. Received by J / Check ATTACHMENTS REQUIRED: Proof of Insurance Ree'd Banner Design (including wording) Recd ✓ A 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. D Banner Specifications —30 Feet long X 3 -4 Feet Wide, 60 Feet of'% 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) DATE (MMIDDIYYYY) //++ 03/31/10 ACORD,H CERTIFICATE OF LIABILITY IINSUIRAN�+SUED AS A MATTER OF IN /31 /10 IOP 1-305-592-6080 THS PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATI Arthur S. Gallagher Risk Management Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 8200 N.W. 41st Street Suite 20o NAIC# Miami, FL 33166 INSURERS AFFORDING COVERAGE INSURERA: vigilant Insurance Co. INSURED Fairchild Tropical Botanic Garden INSURER B: 10901 Old Cutler Rd. INSURERC' INSURER D: Coral Gables, FL 33156 INSURERE: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNITHSTANDING 0 NO MAY PERTARN,NTHE INSURANCE APFOR ED BY THE OLII IES DESCRIOBED HER HEREIN 5 ENT UB EICT TO ALL THE TERMS, EXCLUS ONTSFANDTCONDITIDNIS OF SUGH ICH THIS POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEENREDUCEDBY PAIDC OMCY EFFpCTIVE POLICY E %PI °D TION umlrs SR 00' POLICVNUMBER 1,000,000 R 35367194 03/01/10 03/01/11 EACH OCCURRENCE § DA A EO TE $ 1,000,000 A X GENERALLIABit PREMISES Ea occurence CLAIMS MADE SOCCUR ANYAUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NON- OWNEDAUTOS AGELIABILITY ANY AUTO OCCUR L_j CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY OFFICERIMEM BE EXCLUDED ECUiiVE 1,000,000 2,000,000 COMBINED SINGLE LIMIT I $ (Ea accldeni) BODILY INJURY § (Per person) BODILYINJURY $ (Per accident) PROPERTY DAMAGE $ (Peraccident) OTHERTHA A )TO ONLY: Food & Garden Festival, banner to be displayed from April 4th, through April 18tb, 2010, at 6800 Sunset Drive, South Miami, FL 161CATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN Of South Mimi NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR a Sunset Drive REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1 Miami, FL 33143 USA rn nrnrxn CORPORATION 1988 60 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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