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5CITY 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., Cit;7Manag r From: Christopher Brimo, AICP~ II) Planning Director 1M',. Date: November 1,2011 Subject: ;£/ ITEM NO._S=--__ A Resolution concerning an application pursuant to Land Development Code Section 20- 4.3(N), requesting approval to pennit the installation of a banner over the public right-of- way at 5880 Sunset Drive to promote an event titled "The 71st Annual Ramble Festival", held by the Fairchild Tropical Botanic Gardens November 11 thru November 13, 2011. 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 "The 71st ,;\nnual Ramble Festival ". This is a food and music festival celebrating seven decades of South Florida history, and benefiting the Fairchild Tropical Botanic Gardens on November 11 -13,2011. 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; c. Banners may be displayed ten (10) to fourteen (I4) days before the advertised event takes place; banners must be removed within (5) days after the end of the special event. 2001 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 refiect 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 5880 Sunset Drive between November 3,2011 thru November 13, 2011. RECOMMENDATION Staff recommends that the Conunission approve the banner request application for the period November 3,2011 thm November 13, 2011, which is in compliance with Section 20-4.3(N) Backup Documentation: • Resolution • Banner Request Application, submitted on October 24, 2011 • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate o Non-Profit Certificate • Event Infonnation Z;\Comm Items\20 11 \11 ~ 1 ~ 11 \Fairchild Banner Request\Fairchild Ramble Banner Request_ eM Report I O~24" II.doc I RESOLUTION NO. ____ _ 2 3 A Resolution concerning 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 to promote an event titled 6 "The 71st Annual Ramble Festival", held by the Fairchild Tropical Botanic 7 Gardens November 11 through November 13, 20U. 8 9 WHEREAS, pursuant to Land Development Code Section 20-4.3 (N) "Banners over 10 rights-of way", all non-profit organizations proposing to display a special event banner over a II City street must submit a Banner Request Application; and 12 13 WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non-profit 14 organization, submitted a Banner Request Application asking for approval to hang a banner over 15 Sunset Drive to promote the event titled "The 71st Annual Ramble Festival", an event to be held 16 at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between November II - 17 13,2011. 18 19 WHEREAS, the submitted application contains the required insurance statement, 20 non-profit certificate, banner design document, and fee; and 21 22 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 23 support the Fairchild Tropical Botanic Garden event. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The request submitted by the Fairchild Tropical Botanic Garden, a non- 29 profit organization, for approval to hang a banner (Exhibit "A") over Sunset Drive at 5880 30 Sunset Drive, to promote the event titled "The 71st Annual Ramble Festival", an event to be held 31 at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between November 11 - 32 13, 2011 is hereby approved during the following period: November 3, 2011 -November 13, 33 2011. 34 35 Section 2. This resolution shall be effective immediately upon being approved. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED AND ADOPTED this __ , day ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY ___ ,2011. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: CI1'Y OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Snnset 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.1 0·07·19 II; LDe Section 20.4.3(N) Attached Name?f:r-:otforProfi~m dA'\-l rr ' _I OrgaruzatlOn ' 1 l L \ (), I{l)? 1 (' (jU Address of 1 fl. ,1.1. ,f} Organization .........\tcP,,,,-,,,Ow.\ ---'O"'-\.:,::cl.:.......c:\..""'IYI..:..:IIl.""V---'K .... O""q..e;""I'--_____ _ C1NoJ Briefly describe event for which you wish to display a banner in South Miami. Event date(s)_I_\ l:....u-'Ic-II:.....·_"..!.{..:...f 3:::-!-f '-'.11 ______ _ Dates banner to be displayed __ lo .......... ls:;.,o ........ I..;..I..;.I __ to __ \_1-,-'_1 c--3"!'/...:1_'_ Location~) _________ ~ ________________________________ _ A fee of $250 per banner is required to cover cost incnrred by the city to hang and remove the banner. Received by Check # ____________ _ ATTACHMENTS REQUIRED: Proof of Insurance Rec'd_~ Banner Design (including wording) Rec'd __ -_ ............................................. _ ...... __ ........... _ .. -....................... _ ........ --~-.. ---.... -.......... ---------............... -...... .. City Commission Approval Resolntioll No •. __________ Datec..--___ _ Date _____ _ City Manager (To be signed by City Manflger [allowing approval by City Commission) P:\FOTms\PJJ-BnnnerApplication.doc I I- I PartZ of4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES ( 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 NEWSRACK APPLICATION FEE ........................ ($50 per newsrack) OUTDOOR DINING J SEATING PERMIT ($45 per seat on public sidewalks, in Fiscal Year 2010-201 I) ($55 per seat on public sidewalks, in Fiscal Year 201 1-2012) ($65 per seat on public sidewalks, in Fisca! 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 ree on private property) Resolution No. 150-08-12747 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) _____ _ 01" Issuance; Renewals: 0 2nd 0 3'" BANNER OVER PUBLIC STREET ........................................ ($300) _.....:::<§:.::3;::.O-=.o';.... 0-,0,-- Maximum of 14 days 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 flrst tree, $35 for each additional tree) ..................................... . WAIVER OF RIGHT-OF-WAY IMPROVEMENTS................ ($1,500) _____ _ PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM J IMAGING REQUEST FOR MICROFILM J IMAGING RESEARCH ....... ($100) MICROFILM J IMAGING Reader/Printer copies ....... ($12 each image) LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) GRAND TOTAL X:IFonns\Receipt formslRECEJPT FOlU\1 Part 1l1-4-ll.doc Ordinance No.04~11·2077 adopted 14·11 . ~~ r.'", r', 1 ','.>1 ~.,If .,}, White copy to Planning; Pink copy to Customer; Yellow copy to Finance CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF 1.?N,l:-Y.AND CONFERS NO RIGHTS UPON THE ~:: 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 AND THE CERTiFICATE HOLDER.. . the t:rms ";. If thO.. , ?f th:~~~~~ :~:~';UUI";":'N"~ay require a~~ndorseme~t~':~t~':.ment onthi: certificate ~~~~' ~~t confer rig~~j~~;~~ , holder in lieu of such ; ~', A;;th~;' J. Gallagher Risk Management ~~:rVices~ Inc. '".-,'-----------'1"'" f.cI:!B"L.-N".-' •. --------! 8200 N.W. 41st Street ~..!O\l"------------LJ"""llli'------_I Suite 200 Miami, FL 33166 INSURED Fairchild Tropical Botanic Garden 10901 Old Cutler Rd. Coral Gables, FL 33156 - f-ANY AUTO r-ALL OWNED SCHEDULED r-AUTOS r-AUTOS NON..QWNED f-HIRED AUTOS f-AUTOS UMBREL.LA I.fA6 HOC~UR f-EXC5SS LIAS 10.0 I I I ANi :~fIAB'LlTY ,;t1!J, 'U NIA I~. ~ I I , o.low ,NSU .. RA INSUR.R B; . I,NSURERC; I'NSUR.R Do I lNSUR.R.; INS CO DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES {Attach ACORD 101, Additlr:>nal Rllm:lIks $chlldule, lfmore spaCe Is roquired) I I "'M" ~ , EACH' ~!lJ,¥<1 I OJ);" E.I. I '.1. DISEASE· EA' ,n' '.1. DISEASE· POLICY LIMIT Re: Promotional Banner for the 71st Annual Ramble Festival to be displayed from 10/30/1l to 11/13/11 CERTIFICATE HOLDER CANCELLATION NAIO# 20397 I, , $ $ $ $ $ , $ $ , $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Miami 6130 Sunset Drive South Miami, PI. 33143 I ACORD 25 (2010/05) joyaeh 23774960 TH~ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOROANCE WITH THE POLICY PROVISIONS. AutHORIZED REPRESENTATIVE USA \~ \ © 1988·2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r.,r,m I·R S n\!pntlm~Jll ~'f lJlIl' Tr~!l$llrr "'IrMl(J ,~lntt'rnal H~\'(>",H' .'j(·rrtN P.O. Dox 2508 Cincinnati OH 45201 In reply refer to: 0248667147 July 22, 2010 LTR 4168C EO 59-0668480 000000 00 FAIRCHILD TROPICAL BOTANfC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 55156-4233 R~CEIVBj) JUL 232010 Employer Identification Numbar: 59-0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Number, 1-877-829-5500 Dear TaxpaYer~ 000!6746 BODC, TE This is in response to your July 15, 2010, request for information regardina your tax-exempt status. Our records indicate that your organization Was recognized as exempt under section 511Ic)(!) of the Internal Revenue Code in a det.rmination lettar issued in June 1937. Our records also indicate that you are not a private foundation within the meaning of section 5091a) of the Code because you are described in .ectionls) 509(,,)11) and 170(b)(l)IAHvl). Donors may deduct contributions to YOU as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to YoU or for Your Use are deductible for Federal estate and ~ift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning with the organization's sixth ta~able year and all succeeding yeafs, it must meet one of the public support tests under section 17Dlb)llJ(A)(vl) or section 509(9)(2) as reported on Schedule A of the Form 990. If your organization does not meet th~ public support test for two consecutive years, it is requir~d to file Form 990-rp, Return of Private Foundation, for the sicond tax year that the orgAnization failed to meet the support test and will ba reclassified as a private foundation. If yoll havo any questionSt please call us at the telephone nUlnber shown in the heading of thi. letter.