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South Miami bed CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM mr To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager ;;1( From: Christopher Brimo, AlCP, Directoi~ / Planning and Zoning Department / ITEM NO.'_.:!IIIIi~ __ Date: October 2,2012 Subject: A Resolution related to an application pursuant to Land Development Code Section 20-4.3(N), requesting approval to permit the installation of a banner over the public right-of-way at 5800 Sunset Drive; and the installation of ten pole banners along Sunset Drive, from SW 62 nd Avenue to SW 57 th Avenue, to promote the "41 st Annual South Miami Arts Festival", an event held by Chamber South November 3 - 4,2012. APPLICANT'S REQUEST The applicant, Chamber South, a non-profit organization, submitted a Banner Request Application, asking for approval to hang a banner over Sunset Drive and to hang ten (10) pole banners along Sunset Drive (SW 72 nd Street) from SW 62 nd Avenue to SW sih Avenue, to promote the "41 st Annual South Miami Arts Festival", between October 4, 2012 and November 4, 2012. This is an annual event to be held on Sunset Drive in downtown South Miami. 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. Section 20-4.3(N) of the Land Development Code states the following: 1. Organizations wishing to display a banner over rights-oI-way in the City of South Miami must submit to the Planning Department a "BannerRequest" 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; 2001 c. Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes place; banners must be removed within (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 first approved by the city to hang and remove the banners will be the only entities performing this task. The Arts Festival is scheduled to take place on the weekend of November 3 -November 4, 2012. The applicant is requesting a display time period of October 4, 2012 through November 5, 2012, a time period that exceeds the maximum time allowed for banners over the right of way. Pursuant to Section 20-4.3(N) of the Land Development Code, the display period for a banner can be up to fourteen (14) days prior to the event. Because of this, staff is recommending that the display period for the banner be reduced to October 24, 2012 through November 4, 2012. The proposed time period will give the applicant the minimum time period allowed often (10) days prior to the event. The applicant is also requesting approval to install a total of ten (10) pole banners that will be hung along Sunset Drive (SW 72 nd Street) from SW 62 nd Avenue to SW 5ih Avenue. The applicant is requesting a display time period of October 4, 2012 through November 4, 2012 for the pole banners as well. There are no specific regulations enumerated in the City'S land development code for "pole banners", and in the past these have been hung for up to 30 days. However, in discussions with the City Attorney it is felt that these banners fall under the same 14 day requirement for banners over right-of way. Based on the attached documents, the Banner Request application exceeds the time limit enumerated in Section 20-4.3(N) of the Land Development Code by twenty (20) days. The applicant has requested that the proposed banner be placed at 5880 Sunset Drive. However, there is a previously approved banner proposed at this location, and the Arts Festival banner will be located at 5800 Sunset Drive. It is anticipated that the banner will be removed by November ih. RECOMMENDATION Staff recommends that the Commission approve the banner request application with the amended time period of October 24, 2012 thru November 4, 2012, which is in compliance with Section 20-4.3(N). Staff also recommends that the commission approve the ten (l0) proposed pole banners as well. Backup Documentation: • Draft Resolution • Banner Request Application, submitted on August 24,2012 • Banner Design -Exhibit "A" • Cash Receipt, dated August 24,2012 • Pole Banner Request Application submitted on August 24,2012 • Banner Design -Exhibit "B" • Cash Receipt, dated August 24, 2012 • Non-Profit Certificate • Insurance Certificate Z:\Commission Jtems\20 12\1 0-2-12\Chamber South Arts Festival\Banner Arts Festival Event CM Report_9-19-12.doc 1 RESOLUTION NO. ____ _ 2 3 A Resolution concerning an application pursuant to Land Development 4 Code Section 20-4.3(N), requesting approval to permit the installation of a 5 banner over the public right-of-way at 5880 Sunset Drive; and the 6 installation of ten pole banners along Sunset Drive, from SW 62 nd Avenue to 7 SW 57 th Avenue, to promote the "41 st Annual South Miami Arts Festival", 8 an event held by Chamber South November 3 -4, 2012. 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 12 City street must submit a Banner Request Application; and 13 14 WHEREAS, the applicant, Chamber South, a non-profit organization, submitted a 15 Banner Request Application in conjunction with their special event application, requesting 16 approval to hang a banner over Sunset Drive and pole banners along Sunset Drive in order to 17 promote the event titled "41 st Annual South Miami Arts Festival," an event to be held on Sunset 18 Drive in downtown South Miami from November 3, 2012 through November 4,2012; and 19 20 WHEREAS, the submitted application contains the required insurance statement, 21 non-profit certificate, banner design document, and fee; and 22 23 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 24 support Chamber South and the Arts Festival. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 28 29 Section 1. The request submitted by Chamber South, a non-profit organization, for 30 approval to hang a banner (Exhibit "A") over Sunset Drive at 5800 Sunset Drive, and ten pole 31 banners along Sunset Drive, from SW 62 nd Avenue to SW 5ih Avenue (Exhibit liB "), to promote 32 the event titled "41 st Annual South Miami Arts Festival", an event to be held on Sunset Drive in 33 downtown South Miami November 3 through November 4,2012, is hereby approved during the 34 following period: October 24,2012 through November 4,2012. 35 36 Section 2. This resolution shall be effective immediately upon being approved. 37 38 PASSED AND ADOPTED this __ , day of ___ , 2012. 39 40 ATTEST: APPROVED: 41 42 43 44 CITY CLERK MAYOR 45 46 1 Commission Vote: 2 READ AND APPROVED AS TO FORM Mayor Stoddard: 3 LANGUAGE, LEGALITY AND Vice Mayor Liebman: 4 EXECUTION THEREOF: Commissioner Newman: 5 Commissioner Harris: 6 Commissioner Welsh: 7 CITY ATTORNEY 8 9 10 CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 (305) 663-6326 Fax (305) 668-7356 Hanging Banner Over Public Street Request Form for Special Event South MIami Flo r t d a' It**"*_ fon"' 2001 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). Complete this permit application form and submit the application to the Planning & Zoning Department located in the Sylva Martin Building in front of City Hall. This application must be submitted at least 30 days prior to the event date. An application fee of $~O must be paid at time of submittal. If approved by the City Commission, thisfee covers installation and removal of banner. If approved, take the permit and the banner to the City's Public Works Department located at 4795 SW 75 th Avenue Miami, FL 33155, at least one week prior to the installation date. The Public Works Department will install and remove the banner on the dates specified by the approved permit. Name of Non-for-(l 1_ C' J I Profit Organization Ll)~m~ ~ ORGANIZATION ~~~~~~~ation f.t:l-It D6.w. g O"i;b. ::Ji, 331C(3 Phone No. Authorized Re-hi. -C' _ ' presentative Name "fU ,,¥....JU ... fol Hk."S'Iit .. J ( Rep. Title PA4'S"c:l.t aT EVENT Event NameS. tJ11b.1b; J1d.::jcs!\W ' Event Date: NII\I. 3iV,~Ll Event Type: M-3d-:vtt.....A Approximate Installation Date Requested: edab..f;/ ~d9Jl, thru NlJv.5 1 ;)old.., Banner Location Requested: D 5800 Sunset Drive ~ 5880 Sunset Drive Briefly describe event for which you wish to display a banner in South Miami: ql 'it 4." vJ So ;;1h !h "'I:. ""1' Ad9'-t"',)'°-iiv .J--,-'j -", -j -fA aI-,' -( ,-D , 5iJvth lh ,x," ~) Jif'-Le.-. Applicant understands that the Banner installation is 10-14 days before the advertised event day. ~ Installation and removal dates are based on workload. The City is not responsible for the condition of the banner during this period. ~ Applicant agrees to pickup banner within seven (7) days after the event. The city may discard the banner(s) after the specified period. ~ 34ft wide, 60ft of Y, IQ nylon rope with hooks and the banner must vents. PLANNING & ZONING OFFICE USE ONLY: ~ Illustration of banner showing height, width of the banner, and lettering ~ Copy of liability and/or property damage insurance required ~ Application fee $300 (per application) City Commission Approval Resolution No. ____________ _ Comment: Date SUBMITTED REC'D BY: INITIAL D D D Comm. Date: ----------------- --------------------------------------------- 14-16 E IT "A" FUND __ ~~ ____ _ CASH, ___ _ CHECK No.?l-\ffi:::' DATE: € ~2L\\r2. ACCOUNT NO ____ _ RECEIVED OF ___ Q;.-:;;;/ m~~fY\.J...-l,.I\~L..:..· ....-,r-:,..:\ ~...-' ~~ .,..Q.'" ~b;:-.....l&-J~. ______ _ , QO\~' E::~ey,¥': PLEASE MAKE ALL alECKS PAY AB~J! TO: AMOUNT $ :DCQ,aOQ , "OTY OF SOUTH MIAMI" ~ VAUD ONLY WHEN BEARING OFFICIAL REGISTER VAUDATION CASHIER CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT 4795 SW 75 th Avenue, Miami, FI 33155 (305) 663-6350 Fax (305) 668-7208 Special Event Pole Banner Application Sou1h lV:Ilarrli Florida .>teX_ rfiIi; 2001 This application must be fully completed and submitted with REQUIRED attachments such as: copy of a public liability insurance policy and copy of the design with the banner dimensions listed. The $100 per 10 poles fee also include the installation and removal of banners. io'-110 6W cg Q 81:' · _So_~-,-,-· ~--,-lY\,----,--,----, ':""-"--""",,,-,--,,' ,_ '"=+----,-",lx=--on-,-,,' . ck,,---=,,-· __ 3.3 III 3 Business/Organization Address , City ....... O~!'-'lo""'-'fll<-(g -f-4/,~/,-,{P-Q,Je....t-/ __ --3! ft, (6 fp • (i 5" D ~ Phote Number Fh Number State Zip Code msRWM11 &c/, .. mbtr'..SJ..db 'l.af'r\ E-Mail Event Location: ~~~~~~~~~~-------------- Event Date:· N I". 3., t./ • 'U 12. Event Type: Arl' '-l'<::51l\t~ Approximate Installation Date: () d-. f.-{ • d-0 1;)", thru ND\J 5 ~ 0 \a.... Total Duration: / fl"'\,,-rth Pole Banner' Description:--'.Il------':H-'-c..cU------""-'---"~'='CC""'_ ____ _ Banner Size/Dimension:St-~ ~ Applicant understands that the 8anner(s) Installation Period is an estimate. Installation and removal dates are based on workload. ~ Applicant agrees to pickup banner(s) within seven (7) days after the event. The city may discard the banner(s) after the specified period. ~ Applicant understands the installation location(s) are approximate location(s). The installation location(s) islare based on site availability and degree of difficulty. The City is not responsible for the condition of the banner(s) during this period. "The applicant agrees to hold the City of South Miami, free and harmless from aI/liability that may be adjusted against it and to reimburse the City for aI/ expenses of litigation in connection with the defense of claims as such liability and claims may arise because of negligence in the performance of th eration, service, or act for which th~ermit was issued." wtL ~ 8 -( (. Pvi)b4lio"4"1"" (J.fYmn C\~ ,~)(..\.; • ,(., PRlNTNAME APPLICANT SIGNATURE oj ke FOR OFFICE USE ONLY: Resolution NO. D APPROVED AS PRESENTED D DENIED D APPROVED WITH CONDITION Perm-it-N-o-. --------'-- Installation Date: Removal Date: Work Order NO. ----------------------------------Comment: --------------~--------------~I$-------- PUBLIC WORKS SIGNATURE DATE Estimated Total Cost 15-16 ~ (). ,. ) ~ l> ).. ~ t f ). CASH ___ _ CHECK NO. 'ZL\'856 DATE: <6'\2Y \ \7. , ACCOUNT NO_' -__ _ RECEIVED OF _____ Q;,:.;:..;ffi~rY\L....:._.l~:.:..;:;' ~~...:..x:_9::cA...._, ~ . .....:bm~~. ______ _ 2D\~ l;~'{\~ CA~ PLEASE MAKE ALL CHECKS PAY AB~g TO: "CITY OF SOUTH MIAMI" AMOUNT $. \(XJ,QQ VAUD ONLY WHEN BEARING OFFICIAL REGISTER VAUDATION District Di~ector Chamber of Commerce South Miami-Kendall fir-e.s 6410 SW 80th at. S Miami, FL 33113-46902 ..... _ Program Management Stafl ,Taxpayer Assistance P.O. Box 1055 -Room 1109 ~01 West Peachtree St.y NW Atlanta1 GA 30370 Date t OCT 2 0 .1S92 Refer Reply To! RPMtEOtTPAt1109 Your Inquiry Dated! 10/20/92 EINt 59-06000:]1 FFN: We have received your letter requesting confirmation exemption from Federal income tax. of ~'()ur- You were recognized as an organization exempt from Federal tax under section 501(c)(6) of the Internal Revenue Code our letter of Aprilr 1975 inc{)O'IG by The tax exempt status recognized by our letter referred to above is current.ly in effect and will remain in effect until modified Dr revoked by the Internal Revenue Service. in your character, purposes or method of operation must 1;.c-:l'minat.ed, Any chan!3E' be r',;.·pop tc-~d to us so we can consider the effect of the chanse on your exempt status. You must also report any change in your name Dr address. Thank you for your cooperation. Sincerely your-soY J.f~· Exempt Organizations Coordinator ~ CHAMSOU·01 NANCY AeRD· CERTIFICATE OF LIABILITY INSURANCE DA;/~r:;~~;YY)-1 ·THISCERnFICATE IS ISSUED AS A MAHER OF INFORMATION . ONLY AND CONFERS NO RlGH-TS UPON THE CERTIFICATE HOLDER. THIS 1,1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES , BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED , REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ! -jiviPORTAllfT: If the certificate holder-is·anADDITIONAL INSUREO;-the policy(ieS)mustbe endorsecCiTSUBROGATION· is WAIVED, subjectto-j ~~~i~~:~: ha~~:r~~~:~~~~ ~~~~e;,~~~~~;~~\~t~~Cies may ~eqUire an endorsement. A statemen~~_n_t:~_::~~i:~:~:~~_~~:nfe~:~.h.~~~:~:~J PRODUCER License # NPN 2332080--~2~~~cr-···-···-·~·~ ~~~~g:'J~f567 JA1g~~MJ: (305) 670-61 ~ __ -. ~~-=-~]J..e~, No): (30~6!O~9§~9_~~~ Miami, FL 33256·1567 ~tDA~~SS: INSURER((;)AFFORD;~~·~;V~E~RA~G~E---~~--r_..N.A.J<:# r----~~~~~ INSURER A: Assurance ComJJcmy of America_ 19305 INSURED Greater South Dade Chamber of Commerce, South Miami Kendall Chamber of Commerce INSURERB: ....... _-.. -.-----1 INSURERC: 6410 SW 80 Street INSURERD: South Miami 33143·4602 INSURERE: INSURERF: .. _ ..... __ .. __ .. __ . __ ._._ .. _-------- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: .------_ .. THIS IS TO CERTIFY THAT THE POLICIES 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ·poUcY-eXPl----·· .... .JJB.. TYPE OF INSURA (MM/DDIYY.YY1Ln __ ._.... LIMITS .. . ADDL SUBR ... _-_._.- NCE .. ~.lN§R WVD POLICY NUMBER GENERAL LIABILITY I EADACM~ .. GO::C"o"UR~TCEED 1L ...... ~,~~,OOO A X COMMERCIAL GENERAL 6/112012 6/1/2013 PREMISES'(E~~~currence) 1L 1,000~ -~ CLAIMS·MADE X I ~~;-EXP (Anyone person) I $ --.. ... ..... 10,000 X Liquor':i.'l~il~ I PE~~~NAL&ADVINJU .. R.Y ... 1' $.. ·······1,000,000 ~;:-;G.;RE.;;~~--$----2,OoO,OoO I~N'L-A-G-G-R~~A;~-~~~I~;; PRODUCTS· C()MP/OPA~G.l f 2,000,000 n POLICY r-l ~m: .... - LIABILITY X PPS40564958 [KJ OCCUR ~--~---~ PLIES PER: DL.()c _ .... , ~~ .. - AUTOMOBILE LIABILITY &~~~~~~~t)SING_L=LlMIT $. 1,000,000 A ~ ~b~g~~~D ~~_ ~ 6/112012 6/112013 :~~:~: :~~~:: :::; :::;~~t) ........... _._ ~ HIRED AUTOS f--){ ~ rp~~~~C~d:~t?AMAGE ..• ~ PPS40564958 CHEDULED UTOS ON~OWNED UTOS py OCCUR CLAIMS·MADE :-rx-~::::~~:~AB ~ ... DEDill·R-~ET-E·~N~TILO-N ~---rwoRKERS'COMPENSATION AND EMPLOYERS' LIABILITY $ YIN iECUTIVE [J ANY PROPRIETORIPARTNERIE OFFICERIMEMBER EXCLUDED (Mandatory in NH) If yes, describe under ~_ .... _I:l.ES~C_RI£,IiQt'I.()E9~~FlI\I'()N S below ... _...... . . .... _---.. _ .... ..... N/A .... _ .. _ ..... PPS40564958 I···· 6/112012 ---.--1 I i EACH OCCURRENCE 1,000,0001 6/1/2013 I ;~~;E';;~~-cc.=.---t-'---.. -.. ·····1 ____ :Prod/Ops Aggreg 1,000,0001 I WC STATU~ I IOTH~ TORY LIMITS .. ~LER.I .. E.L EACH ACCIDENT $ E.L. DISEASE· EA EMPLOYEE $ E.L. DISEASE· POLICY LIMIT $ i ______ ~_. __ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: South Miami Art Festival· November 3·4,2012. City of South Miami is included as additional insured with respects to General Liability Insurance. CERTIFICATE HOLDER 1-------- , City of South Miami I 6130 Sunset Drive I South Miami, FL 33143 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ; fA.f :J~~ © 1988·2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD