5south Miami
*AmedcaCAY
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER tom
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager /%
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: November 1, 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
The 70th Annual Fairchild Tropical Botanic Garden Ramble Festival A
Fundraising Family Event To Be Held At The Gardens November 12 -14, 2010;
Providing For An Effective Date.
APPLICANT'S REOUEST
The applicant, Fairchild Tropical Botanic Garden, a non -profit organization, has
submitted a Banner Request Application asking for approval to hang a banner over
Sunset Drive in order to promote the 70th Annual Fairchild Tropical Botanic 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 amended the Land Development Code
(LDC) 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 November 12 -14, 2010.
Attached is a copy of the application, a banner design document, and the required
insurance certificate. 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, November 1 -14, 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 and banner design
Insurance Certificate
Ordinance 10 -07 -1911
Status: Banners Over Right -of -Way chart
TJV /SAY
X:\Comm Items \2010 \1 1 -1 -10 \13anner Approval Fairchild Ramble Event CM Report.doe
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
47
48
49
RESOLUTION NO.
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 70th Annual
Fairchild Tropical Botanic Garden Ramble Festival A Fundraising Family Event To Be
Held At The Gardens November 12 -14, 2010; 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, Fairchild Tropical Botanic Garden, 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 701h Annual Fairchild Tropical Botanic Garden Ramble
a fundraising family event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take
place at the Gardens on the weekend of November 12 -14, 2010; and
WHEREAS, the submitted application contains the required insurance statement,
banner design document, and fee; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
support Fairchild Tropical Botanic Garden.
Now, Therefore, Be It Resolved By The Mayor And City Commission Of The City Of
South Miami, Florida:
Section 1. That the request submitted by the Fairchild Tropical Botanic Garden, a non-
profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over
Sunset Drive at 5800 Sunset Drive in order to promote a fundraising event entitled the 70th Annual
Fairchild Tropical Botanic Garden Ramble a fundraising family event to be held at Fairchild
Gardens, 10901 Old Cutler Road which will take place at the Gardens on the weekend of
November 12 -14, 2010 is hereby approved for hanging during the period November 1 -14, 2010.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this , day of
ATTEST:
CITY CLERK
, 2010
APPROVED:
MAYOR
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
(2)
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
XAComm Items\2010 \11 -1 -30 \13anner Fairchild Ramble Resolution.doc
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
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 ,k—
Organization fCA r' /Cd� f307GI / %/G �aal`G
Address of
Organization
Contact Person
Title �,2i�7�M'i' C'06 V A - Phone 305 W5 8JS.5
Briefly describe event for which you wish to display a banner in South Miami.
7 hP ,eo ////) h /C'. /s 6 - te,5fi b 04 )1-7 i /s 7d /( ti(�x/
�iprii <.r) -�f fn / aardi.�l / 'I. ofd avA U�IU/e CF fi
C
Event date(s)
Dates banner to be displayed NO 'V • to /V'D O d 6
e--
Location(s) S X00
3b0
A fee oil per banner is required to cover cost incurred by the city to hang and remove
the banner.
Received by �� _ Check # �✓ /
ATTACHMENTS REQUIRED: Proof of Insurance Rec'd 1/
Banner Design (including wording) Recd t%
➢ 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 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)
10-22 -' 1//0 13:44 Finance
T -147 P0001 /8001 F -355
ACORD,a CERTIFICATE OF LIABILITY INSURANCE
BATE (MMIOO /YY )
19/15/aolo
PRODUCER 1- 395 - 592.6000
Arthur d. Gallagher Rink Nanagumcnt sorvicou, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE.
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8200 N.W. 41st Strout -
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POMCV EFFECT VE
IBM
03/01/10
POUC EXPIRATION
suite 290
Niwni, 8L 33266
'
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
Fairchild Tropical Botanic Garden
INSURERA:Vigilant Itaur4n" Cq,'
— " " —'
INSURERS
$1,000,DOD
INSUREFC:
MEOE %P fARY Ono oraon
10901 Old Cutler Rd.
INSURER D:
coral Gables, FL 33156
N$URER E;
V THE POLIC155 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TOALLTBE TERM$, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAMM$.
.TR INSR
c
POLICY NUMBER
POMCV EFFECT VE
IBM
03/01/10
POUC EXPIRATION
LIMITS
A
X
OFNFRALLIAeULIYY
R COMMERCIALGENERAL LIABILITY
35367144
03/01/11
EACHOCCURRENCE
PREMISER S...1enoe
$1,000,DOD
$ 1,000,000
MEOE %P fARY Ono oraon
$2,000
CLAIMS MADE IT] OCCUR
PERSONAL_ a ADV INJURY
$ 1,000,000
GENERAI.AGGREGATE
$2,000,000
GEN'LAGGREGATE LIMITAPPLIEB PER:
PRODUCTS- COMPIOPAGG
$2,009,000
PRO—X LOG
POLICY 0 JECT
AUTOMOR0.€
LIABILITY
ANYAUTO
GOMBINE08INGLELIMIY
(EnawldenQ
$
BOOILYINJUkY
Lpw'rO.)
$
ALLOWNEOAUTOS
$CHEPUR.EOAVTO$
SODILYINJURY
(PaYACBItlB09
S
HIREDAUTOS
NON.OWNEDAUTOS
PROPERTY DAMAGE
(POE d8dG8119
$
GARAGE LIABILITY
AUTOONLY- EAACCIDENT
S
OTHERTHAN EAACC
$
ANYAUTO
$
AUTOONINI AGG
EXCESSIUMBRELLA WAILOTT
EACHOCCURRENCE_
$
AGGREGATE
$
OCCUR CLAIMS MADE
_
f
$
DEDUCTIBLE
$
RETENTION $
WOSTA U. OTH-
WORKERSCOMPENEATIONAND
E.L. EACH ACCIbENT
$
EMPLOYERS' LIABILITY
MY PROPRIETORIPARTNEPJEXCCUTNE
OFFICERIMEMBER EXCLUDED?
E.L. V18EA5E- EA EMPLOYEE
S
E.L.013EASE- POLICY LIMIT
S
If E6dnaCibaunder
SPECIAL PROVISION$ PRWw
OTHER
GREG RIPYION OF OPERATIONS LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY 9NDOR59MENT I SPECIAL PROVISIONS
RE, The 70th Annual Ramble dcatival, banner to ba diaplayed from November 12th, 2010 to Novembor 14th, 2010 at
6800 sunset Drive, South Miami, FL
SHOULD ANY OFTHF ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of South Miami DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
6130 Sunset Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
South Niami, FL 33143 AUTHORRBDREPREBENTATIVIE �Y
USA
ACORD 2512001/08) BETLAZ (i ACORD CORPORATION 1988
ORDINANCE NO. 10-07-1911
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIA W FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF
THE SOUTH NIIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES
AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILTTY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1995 the City Commission approved Resolution 140. 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 -43 (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 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 Plamring
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 20-4.3R of the Land Development Code is hereby enacted and will read
as follows:
Section 20-4.399 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 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
(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 cosh f
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 hanci and remove the banners will
be the only entities performfna 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
ST:
Cr4Ai CLERK
I" Reading - 4/3/07
2 °d Reading - 5/1 / 0 7
READ AND APPROVED AS TO FORM:
ATTORNEY
M ""
P: \Comm Items12007\4- 24- 07PB -07 -005 LDC Amend Banner Sips Ord.doc
COMMISSION VOTE:
5 -0
MayorFeliln
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beclanan:
Yea
F
H
H
U
Q
O
N
on
0
'—' N
P,
•
i
.J,
•
•y
O
w
O
O
O
O
N
O
ryj
�
O
O
O
O
O
O
•� 7 y
i
d'
V
N
N
cli
U
o
�
Qn
D
a
W
OO
00
00
O
OO
OO
00
00
00
00
00
00
Ri
O
N
N
L' A
O O
N
N
O
O by
W N-p+
N
°N°�
�c°v
o
N
cq
[
N
N
N
10.
}W!
�
itl N
�"
ccf
-°
O
ww
V) u;
ca
0
0
0
0
0
0
0
a A
r
00
00
00
N
O
o
o
O o
m
y
°
bcd v
H"�r W
0.1 W �
wHC7
U�
rr�U
wHt7
wHC7
m
a
Q
O
N
W O
C)
0
a N
RS
O
O
O
l�
*
U
V)
rA
a
O
O
0°0
O
O
00
00
00
00
00
i
ON
CG
aA
o°
po
O
N O
aNi
O O
W O
n
°
O
Ln
s.
`0 O
_
�
�+
w
vY
Ws°t
w
O
�UU
vx,v�i �
tiU
�
vaa
°a�
o
O
o
C/2
7
l0
�O
00
O
U1
0
V)
.2
o
"O h
o
R
ow
.
wN�
o.
�
0
-go
U
H�W
U
wE- C7