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Res No 060-13-1387844 46 RESOLUTION NO. 60-13-13878 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 5800 Sunset Drive to promote an event titled "Food & Garden Festival at Fairchild," held by the Fairchild Tropical Botanic Gardens on April 20 through April 21, 2013. 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, submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive to promote the event titled "Food & Garden Festival at Fairchild," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between April 20 and April 21, 2013. WHEREAS, the submitted application contains the required insurance statement, non - profit certificate, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the Fairchild Tropical Botanic Garden event. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. The request submitted by the Fairchild Tropical Botanic Garden, a non- profit organization, for approval to hang a banner (Exhibit "A ") over Sunset Drive at 5800 Sunset Drive, to promote the event titled "Food & Garden Festival at Fairchild," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between April 20 through April 21, 2013 is hereby approved during the following period: April 10, 2013 through April 24, 2013, Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 19 th, day of March , 20131 ATTEST: APPROVED: ,,, A - a� " CITY CLERK MAY Pg. 2 Res. No. &; 60 -13 -13878 *; )RM, COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea 0 a: 4:: kt eA: Hi CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Steven Alexander, City Manager From: Christopher Brimo, AICP Planning Director el Date: March 19, 2013 61 f.: Subject. 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 5800 Sunset Drive to promote an event titled "Food & Garden Festival at Fairchild," held by the Fairchild Tropical Botanic Gardens on April 20 through April 21, 2013. APPLICANT'S REQUEST The applicant, Fairchild Tropical Botanic Gardens, a non - profit organization, submitted a Banner Request Application requesting approval to hang a banner over Sunset Drive to promote the event "Food & Garden Festival at Fairchild ". This is a festival showcasing culinary and gardening techniques that are taught by top chefs and gardeners, and benefiting the Fairchild Tropical Botanic Gardens on April 20 -21, 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; A; Ni; 01 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 over Sunset Drive at 5800 Sunset Drive beginning on April 8, 2013 through April 21, 2013, which is display time period of twelve (12) days before the event is scheduled to take place. However, because the Public Works Department only hangs /removes banners on Wednesdays, the display time period has been modified to April 10, 2013 through April 24, 2013, which is a display time period of ten (10) days before the event is scheduled to take place. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period of April 10, 2013 through April 24, 2013, which is in compliance with Section 20- 4.3(N) of the City's Land Development Code. Backup Documentation: • Resolution • Banner Request Application, submitted on March 4, 2013 • Fee Schedule, Part 2 of 4 • Banner Design — Exhibit "A" • Insurance Certificate • Non -Profit Certificate • Event Information ZACommission Items \2013\3- 19- 13\Fairchild Food & Garden Festival Banner\Fairchild Food & Garden Festival Request_ CM Report.doex w 1i b; 2 Bi Raft �.. "WED r, { 1 4 2013 a:. . g d.'f1' t o CITY OF SOUTH MIAMI PLANNING and ZONING DEPARTMENT 6130 Sunset Drive, South Miami, Fl 33143 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 Organization Address of Organization Contact Person Email Title Phone 305 � 0+ "' !dal x 9) v y. Crc.,..I . v • Briefly describe evc� t for which yo - ish to display a banner in South Miami, C Event date(s) -1T_� s i Locations) Dates banner to be displayed / to A fee of $300 per banner is require�y to co v r cost incurred by the City to hang and remove the banner. �3! Received by Check # 8 Lf _1 I V4, V `A ATTACHMENTS REQUIRED: Proof of Insurance Reed Vi- Banner Design (including wording) Recd Proof of current Non - Profit Corp. Status Ree'd • Banners will be displayed 10 -14 days before the advertised event takes place; banners ll 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 /z inch nylon rope with twenty - five (25) 14" cable ties, and the banner must have vents. • BANNER DROP - OFF /PICK -UP LOCATION IS AT THE CITY'S PUBLIC WORKS DEPT. 4795 SW 75 AVENUE. THE APPLICANT SHALL AGREE TO PICK UP THE BANNER(S) WITHIN FIVE (5) BUSINESS DAYS AFTER THE EVENT; OTHERWISE THE BANNER(S) WILL BE DISPOSED OF BY THE CITY. Applicant's Sign atu Date / 1. City Commission Approval Resolution No. Rev. 31112013 7.117ormsl PB- Banner Application - 3- 1- 13.doc ApplicAt Initial 0; 6 «; Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: JJ 13 CHECK NO: NAME: h.'✓ar _ V_WiCsi.i� 6 rL Ga4e"�l ADDRESS: l potvi 0[4L �,( PHONE NO: 0141.300 NEWSRACK APPLICATION FEE........................ ($50 per newsrack) 4w, ; 03.41300 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 01419300 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) ❑ 1" Issuance; Renewals: ❑ 2nd 11 3rd 03.41.300 BANNER OVER PUBLIC STREET ......... ............................... ($300) Maximum of 14 days POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) MIAMI -DADE COUNTY SIGN APPLICATION...... I lose to ($100 per sign) 03.41300 TREE REMOVAL PERMIT ($75 for first tree, $35 for each additional tree) ....... ............................... 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 4, v t 7„ WAIVER OF RIGHT -OF -WAY IMPROVEMENTS ................ ($19500) PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM / IMAGING REQUEST FOR MICROFILM/ IMAGING RESEARCH....... ($100) MICROFILM /IMAGING Reader/Printer copies....... ($12 each image) LDC C P. zw (0 1 S p sin s1 $ rr Y7r S d h P?�j ra t I JA XAForms \Receipt forms \RECEIPT FORM Part 111-4-1 l.doc Ordinance No.04 -11 -2077 adopted 1 -4 -11 per double -sided copy) White copy to Planning; Pink copy to Customer; Yellow copy to Finance GRAND TOTAL 3 O h k ,a �w 0s r.: CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 03/01/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSR LTR TYPE OF INSURANCE I ADDL 1- 305 -592 -6080 POLICY NUMBER Arthur J. Gallagher Risk Management.Services, t+rNYE Inc. 8200 N,W, 41st Street Suite 200 Miami, FL 33166 INSURED Fairchild Tropical Botanic Garden 10901 Old Cutler Rd, Coral Gables, FL 33156 COVERAGES CERTIFICATE NUMBER: 32269122 D: VIGILANT INS CO RFVISION NI IMRFR- 20397 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 LTR TYPE OF INSURANCE I ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD YY LIMITS A t+rNYE LLIAbILIIY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR R 35367194 03/01/1 U31Ul/14 EACH $ 11000,000 JC TORENTEL DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person $ 2,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 210000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- jECT R LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident) _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAR EXCESS LIAB OCCUR EACH OCCURRENCE $ _ HCLAIMS-MADE AGGREG_AT_E $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU• - OTH- R— -- --- - - -- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Promotional Banner for The food & Garden Festival to be displayed on Sunset Drive, South Miami, Florida from: 04/08/13- 04/21/13 CERTIFICATE HOLDER City of South Miami 6130 Sunset Drive South Miami, FL 33143 ACORD 25 (2010105) GABSAN 32269122 TION 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 USA`` ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD b 4; 010824 0: a' IRSM1,1,vanwill of thP 'f'rtjlaPry la'rnal Rvytim? 5arrlco Pool Box 2508 Cincinnati ON 45201 g; a P> In reply refer to; 02AB667147 July 22, 2010 LTR 4168C EO 59-0668480 000000 00 000146746 BODCt TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLRS FL 33156 -4233 JUL 2 3 2330 Employer Identification Numbers 59- 06613400 Person to Contacts Ns, Wittwer Toll Free Telephone Humber: 11"877M829�5500 Dear TaxVayers This is in response to your July 13, 2010, request for information regarding your tax ^exempt status. Our records indicate that your organization was recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in June 19379 Our records also indicate that you are not a private foundation within the meaning of section 509(x) of the Code because you are described in section(s) 509(2)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or Rafts to you or for your use are deductible for Federal estate and gift tax purposes If they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning with the organization's sixth taxable year and all succeeding years, it must meet one of the public support tests under section 170(b)(1)(A)(vi) or section 509(a)(2) as reported on Schedule A of the Form 990. If your organization does not greet the public support test for two consecutive years, it is required to file Form 990 -FF, Return of Private foundation, for the second tax year that the organization failed to meet the support test and will he reclassified as a private foundation. If you have any questions, please call us at the telephone number shown in the heading of this letter. a Fairchild Tropical Botanic Garden a a• HL D JkOpi(AL BM, NIC GARPEN Exploring, Explaining and Conserving the World of Tropical plants Events Back to April Events The Food and Garden Festival Featuring the 34th Annual Spring Plant Sale When: Saturday, April 20, 2013 - Sunday, April 21, 2013 from 9:30 AM to 4:30 PM F; Page 1 of 2 Come see what's cooking at Fairchild during our annual celebration of local foods and the gorgeous gardens they grow in, then take home spectacular plants from our 34th Annual Spring Plant Sale. • Gather new tips and recipes from our popular culinary and gardening demos taught by top chefs and gardeners. • Shop our Farmers' Market! Local vendors showcase the best fruits, vegetables and herbs available in South Florida, as well as honey, jams and fresh baked goods and spices. • Celebrate the season with crisp and refreshing spring brews and summer ales in our Beer Tasting Garden. • Discover Fairchild's Edible Garden, lush and delicious with herbs, vegetables, fruits and ornamentals that can be grown in your home garden. • Hear Random Acts of Gardening, 'pop -up' lectures in the plant sales area covering South Florida gardening, edible landscaping and more. • Enjoy special hands -on and culinary kids' activities in the Kid Way. • Shop the 34th Annual Spring Plant Sale with thousands of plants from Fairchild's nursery and local plant vendors. Spring Beer Tasting Garden (check back for updates on our beers!) Enjoy Magners Original Cider, Magners Pear Cider, Woodchuck Amber Cider and Woodchuck Seasonal Cider. Activities in the Edible Garden Discover Fairchild's Edible Garden, lush and delicious with herbs, vegetables, fruits and ornamentals that can be grown in your home garden. Learn more about our Edible Garden here. We will have fruit tastings all weekend from 9:30 a.m. to 3:30 p.m. Walking Lectures beginning at our Edible Garden Saturday, April 20 http: / /www. fairchildgarden.org /Events / ?friendly = l &date = 2013- 04 &eventid =747 3/6/2013 4 �; Fairchild Tropical Botanic Garden 12:30 p.m. Bee Smart, Bee Cool with Bees, Noris Ledesma, FTBG Learn all about honeybees, their importance in our ecosystem and how to have a safe bee hive at home. 2:30 p.m. Gardening in South Florida, Todd Walton, FTBG Sunday, April 21 12:30 p.m. Worm Composting, Todd Walton, FTBG 2:30 p.m. The Edible Garden, Richard J. Campbell, PhD., FTBG The Fairchild Farm Fruit Market located at the Edible Garden N A Page 2 of 2 There will be fruit smoothies, fresh fruit and delicious honey. We will also have seeds and starts of luffa, which has exceptional tolerance to pests and diseases. Kids Activities Join us in the KidWay where using hand lenses and microscopes, children can examine fruits and vegetables to discover the intricacies within and discover the plant germination process. Children will identify the part of the flower that develops into a fruit and the role that pollinators and seed dispersal play in this process. Follow this event on Facebook Become a sponsor today! Thank you to our sponsor: p" Y`Y•iY, q , Admission: Free for Fairchild Members and children 5 and under. Non - members: $25 for adults, $18 for seniors 65 and up and $12 for children 6 -17. Eco- discount: If you walk, ride your bike or take public transportation to Fairchild, receive $5 off admission for adults and $2 off admission for children. Members, remember to bring your Rewards Card to earn your gift passes! Military Discount: We are pleased to offer active military personnel free admission. In addition, admission for spouses is $20 and children $10. Please present Military IDs. 10901 Old Cutler Road Coral Gables, FL 33156 • Phone: 305.667.1651 • Fax 305 661.89953 © 2012 Fairchild Tropical Botanic Garden - All rights reserved • Site Maw • . �L.4 YQEI Subscribe to Newsletter • Privacv Polly • Website by Illuminati Studlos http: / /www.fairchildgarden.org /Events / ?friendly = l &date = 2013- 04 &evcntid =747 3/6/2013 4"