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1South Miami hOI~ CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM iijir To: The Honorable Mayor Stoddard and Members of the City Commission Via: Kelly Barket, Acting City Man~~ From: Christopher Brimo, AICP Cfft/ Planning Director I Date: December 18,2012 Subject: ITEM No. __ I __ _ A Resolution concerning 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 5880 Sunset Drive (SW 72 nd Street); and the installation of seven pole banners along Sunset Drive, from SW 62 nd Avenue to Red Road (SW 5ih Avenue) and on Red Road from Sunset Drive to SW 74th Street, to promote the "The South Miami Rotary Art Festival," an event held by the Rotary Foundation of South Miami on February 23 through February 24, 2013. APPLICANT'S REQUEST The applicant, Rotary Foundation of South Miami, a non-profit organization, submitted a Banner Request Application requesting approval to hang a banner over Sunset Drive to promote the event "The South Miami Rotary Art Festival". This is an arts festival that will be held on Sunset Drive in downtown South Miami February 23rd through February 24th, 2013. 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-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; 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 applicant has requested that the proposed banner be placed at 5880 Sunset Drive; and the installation of seven pole banners along Sunset Drive from SW 62nd Avenue to Red Road (SW sih Avenue) and on Red Road from Sunset Drive to SW 74th Street; between February 11, 2013 through February 24, 2013 which is twelve (12) days before the advertised event is scheduled to take place. Please note that the Public Works department typically hangs banners on Wednesday. Therefore, the proposed banner will not be hung until Wednesday, February 13, 2013, and will not be removed until Wednesday, February 27, 2013. The proposed banner will have a revised display time period of ten (10) days before the advertised event is scheduled to take place, which is still in compliance with the regulations listed above. RECOMMENDATION Staff recommends that the Commission approve the banner request, and pole banner request application for the period February 11,2013 through February 24, 2013, which is in compliance with Section 20-4.3(N) Backup Documentation: • Draft Resolution • Banner Request Application, submitted on October 18,2012 • Pole Banner Request Application, submitted on October 18,2012 • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Pole Banner Design -Exhibit "B" • Insurance Certificate • Non-Profit Certificate Z:\Commission Items\2012\12-18-12\Rotary Foundation Art Festival Banner Request\Rotary Arts Festival_ CM Report 12-18- 2012.doc 1 RESOLUTION NO. ____ _ 2 3 A Resolution related to an application pursuant to Land Development Code 4 Section 20-4.3(N), requesting approval to permit the installation of a banner 5 over the public right-of-way at 5880 Sunset Drive; and the installation of 6 seven pole banners along Sunset Drive, from SW 62 nd Avenue to SW 57 th 7 Avenue; and on SW 57th Avenue from Sunset Drive to SW 74th Street, to 8 promote the "The South Miami Rotary Art Festival," an event held by the 9 Rotary Foundation of South Miami on February 23 through February 24, 10 2013. 11 12 WHEREAS, pursuant to Land Development Code Section 20-4.3 (N) "Banners over 13 rights-of-way" all non-profit organizations proposing to display a special event banner over a 14 City street must submit a Banner Request Application; and 15 16 WHEREAS, the applicant, the Rotary Foundation of South Miami, a non-profit 17 organization, submitted a Banner Request Application asking for approval to hang a banner over 18 Sunset Drive and pole banners along Sunset Drive, from SW 62nd Avenue to Red Road (SW 5ih 19 Avenue) and on Red Road from Sunset Drive to SW 74th Street in order to promote the event 20 titled "The South Miami Rotary Art Festival," an event to be held on Sunset Drive in downtown 21 South Miami from February 23, 2013 through February 24,2013; and 22 23 WHEREAS, the submitted application contains the required insurance statement, non- 24 profit certificate, banner design document, and fee; and 25 26 WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the 27 Rotary Foundation of South Miami. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 31 32 Section 1. The request submitted by the Rotary Foundation of South Miami, a non- 33 profit organization, for approval to hang a banner (Exhibit "A") over Sunset Drive at 5880 34 Sunset Drive, and the installation of seven pole banners (Exhibit "B") along Sunset Drive, from 35 SW 62nd Avenue to Red Road (SW 5ih Avenue) and on Red Road from Sunset Drive to SW 74th 36 Street to promote the "The South Miami Rotary Art Festival," an event held by the Rotary 37 Foundation of South Miami on February 23 through February 24, 2013, is hereby approved 38 during the following period: February 11,2013 through February 24, 2013. 39 40 Section 2. This resolution shall be effective immediately upon being approved. 41 1 PASSED AND ADOPTED this __ , day of ___ , 2012. 2 3 ATTEST: APPROVED: 4 5 6 7 CITY CLERK MAYOR 8 9 10 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 11 LANGUAGE, LEGALITY AND Mayor Stoddard: 12 EXECUTION THEREOF Vice Mayor Liebman: 13 Commissioner Newman: 14 Commissioner Harris: 15 Commissioner Welsh: 16 CITY ATTORNEY 17 18 19 CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fl33143 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 Briefly describe event for which you wish to display a banner in South Miami. Event date(s) ".,:; :?, .41·~ OJ ~ "'" :; 1-.+ --13 Dates banner to be displayed 2. --I /-J'3 to;;:> -~ /..t -I .'! 6K$O <'$t{rrS;::'r D/2I1Jk:- 3 0 0 • '?;.' A fee of per banner is required to cover cost incurred by the city to hang and remove the banner. M Received by _~:.....(J.r'-,CMJ",-,---=L7-~l-'-h",-f-,-fn_+ ___ Check # ______ _ ATTACHMENTS REQUIRED: Proof ofInsurance Rec'd 111Yt. Banner Design (including wording) Rec'd ~ ~ Banners will be displayed 10-14 days before the advertised event takes place; baimers 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 Yz 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) City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 THIS APPLICATION MUST BE COMPLETED AND DELIVERED TO PUBLIC WORKS DEPARTMENT POLE BANNER Work Order No.: _____ _ Applicant Name: ~-"'----'----'--,"-,-,'-"'q_-!f_··~-,--'t.=-)_L-"-{-,-t_l_J,-)f-,,q,-'.L· "'-".'"",0,-' ,-r_1i---,-fJ~)"1"_) --.....S?--=("-~)_('-"-t_'f---'-H'--_y;_Vi......:....1 ,;....1 fI-,·\,-·--,-/'~_p .. _."",,---_ Applicant Telephone #: __ .:......-:=--_f-=·,--"<G"---., _"~"",--e_= _.·-:;-L-·_-=5_(",,-,:.-,(=~~ _________ _ Applicant Fax #: __ '~>...:(:::...)_('~.;;'_'_~_--=t!:..;....s(,L.;>_:;;>.~_,~_-_c.~·~~tw,~_"~~·1"-·_-2""'_""-, _____________ _ Banner (s) installation period: From :G / ;/1 / 13; to '2 / :~y / J:S Number of Banners delivered: ~:; f[J {..e l:Xe I"{ry ~, S. CfY J (~/r....,-:~ f t~'~ ~'2'Y(' -I''' . . A'iN' 51..i rv-;,;,Z: r DIl-i v ,-:,. ''''''"rc {VI ~::.Lr-4>1 1:.\.~ Te' a._V? (4. !2. ... H 0 Installatton LocatIon (s) \)1>/ ,fLJ::-D lUlq {) FrU;;r;.,1 '12-~'i fi'lll. R:k; r 'Ie',ll; 'f4...~ S+,..;r", ('. Approved Resolution No.: ____________ _ Date: ________ _ Acknowledgement/Condition 1. Applicant understands that the Banner(s) Installation Period is an estimate. Installation and removal dates are based on workload. 2. Applicant understands the installation locations(s) are approximate locations(s). The installation location(s) is/are based on site availability and degree of difficulty. 3. Applicant agrees to pickup banner(s) within seven (7) days after the event. The City may discard the banner(s) after the specified period. 4. The City is not responsible for the condition of the banner(s) during this period. 5. The cost for the installation of pole banners will be $ ___ _ Applicant: Date: /0" q -J '':L Staff(Name): _____________________________ _ Staff Signature: ________________ _ Dffie: _________ _ Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: l1-fr 9 11-~t, Yfi J /41'111 I 03.41.300 NEWSRACK APPLICATION FEE ........................ ($50 per newsrack) 03.41.300 OUTDOOR DINING / SEATING PERMIT ($45 per seat on public sidewalks, in Fiscal Year 2010-2011) ($55 per seat on public sidewalks, in Fiscal Year 2011-2012) ($65 per seat on public sidewalks, in Fiscal Year 2012-2013 and thereafter) ($520 per each stand-alone table top without seating for consumption of beverages or food, on public sidewalks) ($250 per year flat fee on private property) Resolution No. 150-08-12747 03.41.300 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) ______ _ D1 5t Issuance; Renewals: 0 2 nd 0 3rd fo;~;;:~~ V BANNER ~VER PUBLIC STREET ........................................ (;;00) ....;':.....=3...:::0_0 ___ _ ~ Maximum of 14 days 03.41.300 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 V POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) y' MIAMI-DADE COUNTY SIGN APPLICATION ............. ($100 per sign) _---AI!iA= ___ _ TREE REMOVAL PERMIT ($75 for fIrst tree, $35 for each additional tree) ..................................... . WAIVER OF RIGHT-OF-WAY IMPROVEMENTS ................ ($1,500) _____ _ PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM / IMAGING REQUEST FOR MICROFILM / IMAGING RESEARCH ....... ($100) MICROFILM / IMAGING ReaderlPrinter copies ....... ($12 each image) LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) GRAND TOTAL X:\Fonns\Receipt forms\RECEIPT FORM Part II 1-4-11.doc Ordinance No.04-11-2077 adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance j~ ~M Saturday, February21J &: Sunday, Februarry2'7" 10a.rrn.-6 p.rrn. South Miami BAPTIST Hospital HEALTH IT ".4" Presented by First National ~ s:nk South Miami Founding Sponsor CERTIFICATE OF LIABILITY INSURANCE. All Active US Rotary Clubs & Districts Attn; Risk Management Division 1560 Shennan Ave. Evanston, IL 60201-3698 DESCRJPnON Of'OPERAl1ONS It.OCATIONS lVEtilc.J..al (Attach ACORD 101.AdcUtional Remarks S<;hedulf), Ifmore ~ is requll'tld) The Certificate Holder is included as Additional Insured where required by written and signed contract or permit subject to the terms and conditions ofthe General Liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. CERTIFICATE HOLDER CAtlCELLAllON City of South Miami SHOULD ANY 01' THE ABOVE OESCRtBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TlfEREOF, NOTIce WlI..I. BE DELIVERED IN 6130 Sunset Drive ACCORllANCE WITH TIfE POLICY PROVISIONS. South Miami, FL 33143 AUTliORIZED RS'Rl!SEnTAT1\IE ... , --7 '~';J '----........ ~ "., ?' (§J1,IsJ Aco~1R!aJioN.AIl ri his reserved ACORD 25 Z010105 Th~ ACORD nsme and IOgtJ aro regIstered marits of ACOfU) g Interna~ Revenue Service Director, .Exempt organizations Ru~ings and Agreements Date. NOV 1 0 2004, Rocary Foundation of South Miami, Inc. c/o David Jacobs Department of the Treasu~ P.O. Box 2508 Cincinnati, Ohio 4520~ Person to Contact: Karen Chao -#31003 Contact Te~ephone NumbBrs~ 877-829-5500 Phone Toll-Free 513-263-3756 FAX 6401 SW 87th Ave., Ste. 204 fA :iami, FL 33173 {J~\ -kfl7 Dear Sir or Madam: .. Federal Zdentification Number: 65-0366159 'rhis modifies our letter dated October 27, 1993. In that letter we determined that your organization is exempt under section ~Ol(ai of the Internal Revenue Code, as ,an organization described in section 501 (c) (3 \ We determined that you were not a private founr'l.=.t:.i.:::: ;..;~ ,--,,,-.:.:: ::1::..", meaning of section 509 (a) of. thp C'~::!::; !"'-'_::=.-..:.:;c,:, yuu were an organization described in ::;;=-; :....;.~;:::. :..:';3 \a) i~) of the Code. In your letter dated October 2004, you indicated that you wished consideration for classification as an organization tlescribed in section S09(a) (3) of the Code. Based on the information you provided, we have determined that you meet the requirements for the requested foundation classification. Accordingly, we have granted your request and modified your foundation status to reflect an organization described in section S09(a)(3}. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal income tax under section 50l(c) (3) of the Code. Grantors and contributors may rely on this determination until the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509{a} (3) status, a grantor or contributor may not rely on this determination if he or she was in part: :rp.sponsihle for, or was aware of, the act or failure to act that resulted in your loss of such status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509(a) (3) organization. Because this letter could help resolve any questions about your exempt status and/or foundation status, you should keep it with your permanent records. If you have any questions, please contact the person whose name and t'elephone number are shown in the heading of this letter. Sincerely, l2~ ~?'\.X~ Lois G. Lerner Director, Exempt Organizations Rulings and Agreements