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6CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager (rj From: Christopher Brimo, AICP, Director .(j(/ Planning and Zoning Department eJ) /~ Date: September 20, 2011 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 event entitled "Edible Garden Race for the Cure," a fund raising event to be held by Fairchild Tropical Botanic Garden October 22 -23, 2011; 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 promoting the event titled "Edible Garden." This is an annual fundraising event to be held at Fairchild Tropical Botanic Garden, located at 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. Section 20-4.3(N) of the Land Development Code states the following: 1. Organizations wishing to display a banner over rights-aI-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 ftrst approved by the city to hang and remove the banners will be the only entities performing this task. The event is scheduled to take place on the weekend of October 22 -23,2011. Therefore, the applicant has requested a display time period of October 9, 2011 through October 23, 2011, a time period of thirteen (13) days before the event is scheduled to take place. 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. After review of the attached documents, the Banner Request application complies with Section 20-4.3(N) of the Land Development Code. The applicant has requested that the proposed banner be placed over Sunset Drive at 5880 Sunset Drive. RECOMMENDATION It is recommended that the banner request application 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 Request Application, submitted on August 23, 2011 • Fee Schedule, Part 2 of 4 -Note: Fee for Banner over Public Street was increased to $300 on January 4, 2011 via Ordinance No. 04-11-2077 • Insurance Certificate $ Banner Design -Exhibit "A" • Non-Profit Certificate Z:\Comm Items\201119-20-11IBanner Over Street -Fairchild Tropical Botanic GardenlBanner Fairchild Edible Garden Event CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 l3 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 RESOLUTION NO. ____ _ A Resolution 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 event entitled "Edible Garden Race for the Cure," a fund raising event to be held by Fairchild Tropical Botanic Garden October 22 -23, 2011. 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 the event entitled "Edible Garden," a fundraising event to be held at Fairchild Tropical Botanic Garden, located at 10901 Old Cutler Road from October 22, 2011 through October 23,2011; and WHEREAS, the submitted application contains the required insurance statement, non-profit certificate, bam1er design document, and fee; and WHEREAS, the Mayor and City Conunission 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 THAT: Section 1. The request submitted by 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 5880 Sunset Drive in order to promote a fundraising event entitled "Edible Garden", a fundraising event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road October 22, 2011 through October 23, 2011 is hereby approved during the following period: October 9, 2011 through October 23, 2011. Section 2. This resolution shall be effective inunediately upon being approved. PASSED AND ADOPTED this _--" day ___ ,2011. ATTEST: APPROVED: CITY CLERK 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 44 45 READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Z:\Comm Items\20 11 \9-20-11 \Banner Over Street -Fairchild Tropical Botanic Garden\Banner Fairchild Edible Garden Event Reso1ution.doc CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fl33143 305-663-6326 Banner Request Application ~~ECEIVED AUG 2 3 2011 Pilllllllllilllll ilInd Zoning Deparlment 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 ,.,-::. \ .. \ --.--. \? I . !.l J~ Organization -to\\ \((11\1 ci \ YOp\ COl W\()\ \i\ \ C'.. VIa.. 'Wk'N\ . , I Contact Person _-,,~~,-,---,K-,-'( 'M.:..:.. __ '?:d.:::....::....io::::..'isD..::c::_Y'_· _________ _ Briefly describe event for which you wish to display a banner in South Miami. W\(c.\J\.\Id\ ~V\POc.~ t:d.ila\L ~~. U~t,\)C\.) s\-icW<;. ~. I OC (l \ t Ofv\,\V\ vv>"!:J \r\ 0\sJ 1v (' ve C\~ 4-\02d V 0\00 O~ !IliA. b It.- D. Ct\v~ eYe V\b'f\i\9-• Event date(s) \() f 2Z-/ 1\ -[0 I '? 3{ I \ Dates banner to be displayed \0 \ q { 1\ to -..:1,-0-,-,1 &:...::3'-1.1.-'-1 \;.... Location(s)--::--:--_____________________ _ &&10 A fee of $~ per banner is requir r cost incurred by the city to hang and remove the banner. Received by --J(f4~0~4~~t--Check # } 85" IJ-I.I ATTACHMENTS REQUIRED: P~oofo Insurance Rec'd 1WvI " Banner Design (including wording) Rec'd ~ __ M_~_M _________ ~~ ________ • ___________________ M ________ • ______ ~ ____ ~ ______ ._~ ____________________________ _ City Commission Approval Resolution No. _______ Date ____ _ Date ____ _ City Manager (To be signed by City Manager following approval by City Commission) P:IFormsIPB· Banner Appllcatlon.doc Part 2 of4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: 'lj 2:,//1 CHECK NO: --/.7'-48Ll,5'L.L'I-Lf ____ _ NAME: lei Y)I1 ISo h~ ADDRESS: IOQ61 Olol CiJtI?L,pql.fJI5~1 PHONE NO: 3{) 5 r}n j {PSI ,r J 371 03.41.300 03.41.300 NEWSRACK APPLICATION FEE ........................ ($50 per news rack) 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) ______ _ /-'"--''''''''' 0 1" Issuance; Renewals: 0 2nd 0 3,d bV'/ ) Jh '~(JO • 00 r. 03.4.1.300.. . BANNER OVER PUBLIC STREET ........................................ ($300) ,,11--/'--' ___ _ '. Maximum of 14 days 03.41.300 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) MIAMI-DADE COUNTY SIGN APPLICATION ............. ($100 per sign) ______ _ TREE REMOVAL PERMIT ($75 for flfst 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 ReaderlPrin!er copies ....... ($12 each image) LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) GRAND TOTAL X:IFonnslReceipt fonnslRECEIPT 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 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OO!YYYY) 08/18/2011 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(les) 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 1~305~592~6080 Arthur J. Gallagher Risk Management Services, Inc. 41st Street E·MAIL ADDRESS: 8200 N.W. Suite 200 Miami, FL 33166 INSURER(5) AFFORDING COVERAGE NAIC# INSURER A: VIGILANT INS CO 20397 INSURED INSURER B: Fairchild Tropical Botanic Garden INSURERC: 10901 Old CUtler Rd. INSURER 0: Coral Gables, FL 33156 INSURER E: INSURER F: ~ . ( ~ATE~ 22745289 ~ i~6~c~TED. vNOTWIT~~~l:~~G ANyl R~g,jIREMENT. TERM g'~ ~6'~g~I~~Vci'F B:~~ 6~S~T~6~ 6~EdTHER D~~~~~~TA~~~HE :~:P~~~ ~gL~~6~~'~~ 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 ~CIES. LIMITS SHOWN MAY HAVE BEEN R~EDUCED BY PeAID CLAIMS. Ir,s,\' TYPE OF! fJl!!'R I~~ POL.ICY NUMBER L.IM!' A I I ! X 135367194 /01/12 $ " 000, 000 X I GENERAlUAB1UTY I TED. $1,000,000 _ :::J CLAIMS·MADE ~ OCCUR I MED EXP (Any", """, $ 2, 000 _ &ADVINJURY $',000,000 _ IOFMFRAI $ 2,000,000 0l·~OLlCYll'~~p.:7iilS::: IpRonlm. 'AGG :2,000,000 = ANY AUTO -ALLOWNED _ AUTOS HIRED AUTOS - UMBRELLA LIAS - EXCESS LIAS IDEO I ,-SCHEDULED ~ ~~1~5wNEO f--AUTOS HOC~UR YIN o NIA ;b,'ow DESCRIPTION OF OPERATIONS ( LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) i I : '-IWIlI $ I BODIL. Y INJURY IP" p"'''i I $ I 80DIL Y INJURY, I $ I EACH I . E.L. E.L. DISEASE· EA E.L. DISEASE· 1$ 1$ 1$ 1$ I I 1$ Re: Promotional Banner for the Edible Garden Festival to be displayed on Sunset Drive, South Miami, Florida from 10/22/2011 to 10/23/2011. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Miami 6130 Sunset Drive South Miami, FL 33143 I ACORD 25 (2010105) joysch . 22745289 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 - z w o rr ..: C) () z ..: f- o rr f- o ..J I () rr 0103M ; In reply rafer to: D2~a"7147 July 22, 2010 LTR 4166C EO 59-0668~80 000000 00 00016746 BOOC; Tli FAIRCHILD TROPICAL BOTANtC GARDeN lU901 OLD CUTLER RD CORAL GABLES FL 35156-4215: :R~Ciill V.KO JUL2. 3 2010 Employer Identification Humberl Person to Contact. Toll Fr.e Telephone Number, Dear Taxpaye ,:, 59-0665480 Ms. Wittwer 1-877-829-5500 This is in response to your July 13. 2010 •. requast far infarm~tion regarding wour tax-exemp~ sE~tu •.. Our reeords.lndieat. that your organIzation was reoo9ni~ed as exempt under section SIICc,CI) of the Internnl Revenue Code in a detarminatlon letter issued in June 1937. Our reoords also indicate that vou are not a private foundation Within the meaning of section 509(s) of the Code because yoU are described in seation(s) 50'Ca)(I) and 170Ib)(1)(A)(vl). ponors •• ay deduct contrib\.tions to YOll as p.'ovided in secUon 170 of the Code. Bequests. legacies, de.ises. tranife.s, or gifts to wou 0' for your Use are deductible 'or Federal estnte and 9ift tax purposes if thev meet the applicable provisions of sections aDS5. 2106, and 2122 of the Code. . Beginning with the organization's sixth taxable year and all succeeding wears. it must meet one of the public support tests under a.etlan 170Ib)(I)(A)(vl) or section 509(')(2) as reported ~nSchedul. A of the Fo~m 9'0. If your organization does not meet the public support lest for two consecutive vears. it's reqUired to file Farm "D-PF. Return of Private Foundation, 'or the~econd tax year that the organization failod to meet the support test and will be reclassified as a ~rivate foundation. If wou haY. any questions, please call us .t the telephone number shown in the heading of this letter. .>