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7CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: Via: The Honorable Mayor Stoddard and Mem~1 of the City Commission Hector Mirabile, Ph.D., City Manager 1'1 From: Christopher Brimo, AICP ~ Planning Director Date: December 20,2011 Subject: ITEM No. 7 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 to promote an event titled "The 6th Annual Chocolate Festival," held by the Fairchild Tropical Botanic Gardens on January 20 through January 22, 2012. APPLICANT'S REOUEST The applicant Fairchild Tropical Botanic Gardens, a non-profit organization, submitted a Banner Request Application, asking for approval to hang a banner over Sunset Drive to promote the event "The 6th Annual Chocolate Festival". This is an international chocolate festival that will be held at the Fairchild Tropical Gardens January 20th through January 22, 2012. 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 notfor 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 (J 4) 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 (J) 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 January 8th, through January 22,2012. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period January 8, 2012 through January 22, 2012, which is in compliance with Section 20-4.3(N) Backup Documentation: • Draft Resolution • Banner Request Application, submitted on October 25,2011 • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate Z:\Comm Items\2011\12-20-11\Fairchild Chocolate Festival Banner Request\Fairchild Chocolate Festivat eM Report 12-13- 2011.doc 1 RESOLUTION NO. ____ _ 2 3 A ResO'lutiO'n cO'llcerning an applicatiO'n pursuant to' Land DevelO'pment CO'de 4 SectiO'n 20-4.3(N), requesting apprO'val to' permit the installatiO'n O'f a banner 5 over the public right-of-way at 5880 Sunset Drive to' prO'mO'te an event titled 6 "The 6th Annual ChO'colate Festivai," held by the Fairchild TrO'pical BO'tank 7 Gardens O'n January 20 thrO'ugh January 22, 2012. 8 9 WHEREAS, pursuant to Land Development Code Section 20-4.3 (N) «Banners over 10 rights-of way", all non-profuorganizations proposing to display a special event hanner over a 11 City street must suhmit a Banner Request Application; and 12 13 WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non-profit 14 organization, suhmitted a Banner Request Application asking for approval to hang a hanner over 15 Sunset Drive to promote the event titled «The 6th Annual Chocolate Festival," an event to he held 16 at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road hetween January 20 17 through January 22,2012. 18 19 WHEREAS, the suhmitted application contains the required insurance statement, 20 non-profit certificate, hanner 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 SectiO'n 1. The request suhmitted hy the Fairchild Tropical Botanic Garden, a non- 29 profit organization, for approval to hang a hanner (Exhihit "A") over Sunset Drive at 5880 30 Sunset Drive, to promote the event titled "The 6th Annual Chocolate Festival," an event to he 31 held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road hetween January 20 32 through January 22, 2012 is herehy approved during the following period: January 8 through 33 January 22,2012. 34 35 SectiO'n 2. This resolution shall be effective nmnediately 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 ",,DOPTED tbis __ , day of ___ , 2011. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 305-663-6326 Banner Request Application DEC 07 2011 !P'!!l!?frilil'!!2i ~~d :;rni"i"i~g D&r~(~rtlrnG'r;i ". J;. 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 forProfit..-;:;:;-. 1 .. \ I ~ ? ._. Organization /\O",VC'Mo. \ fo",<,I'(A.1. ~VI.\c ~()..'I(\.t V\. Addressor Organization _\!.::O_O(_O..:.\--:()):;...\;.:A'--C=-ut...:..:..'t..:.v...........:ea=o.=.d ________ _ tl}ltM t;)oJuV5, fL 53 ,S b Contact Person _:W..LU-"~~-";£"",-{~,,,c't,,,,-,)M=v ______________ _ Phone gDS/IoV7· \ 1Os:1 Y 5303, Briefly describe event for which you wish to display a banner in South Miami. Event date(s) _-,\/'-.2o_1=-'-=--2.-_-...:..\!...[ 'Z_7--..;.f_I'l.. ______ _ Dates banner to be displayed _..:.I.o.J/'-JJ.[.!..i.!../::..z-___ t,o \ 122ft:z.... Location(s)c...... _____ :--________________ _ A fee of $250 per banner is required to cover cost incurred 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 Resolution No. _______ Date. ____ _ Date ____ _ City Manager (To be signed by City Manager following approval by City Commission) P:IFormsIPB-Banner Appllcatlon.doc l i ! I t .~ IRS n~'pM!m¢nl \~f Ih\'~ Trell.mr" ~&JJ1 . ~ Jnl('rnnt Ht-nnm' S('nolcr P.o. Box 2508 Cincinnati OH 45201 FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 55156-4255 In reply refer tal 0248667147 July 22, 2010 LTR 4168C EO 59-0668480 000000 00 00016746 BODC: TE Rll:CEl V.l!:i) JUl )) 3 2010 Employer Identification Number: Person to Contact: Toll Free Telephone Number: Deal' Taxpayer: 59-0668480 Ms. Wittwer 1-877-829-5500 This is in response to your July 15, 2010, request for information regarding your tax-exempt status. Our records indicate that your organization was recognized as exempt under section 50}(c)(3) of the Internal Revenue Code in a determination letter issued in June 1937. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because YOU are described in section(s) 509CaIC}) and 170Ib)(1)(A)(vi). 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 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 meet the public support test for two consecutive years, it is required to file Form 990-PF, Return of Private Foundation, for the second tax year that the orgRnization failed to meet the support test and will be reclassified as a privata foundation. If you havD any questions, please call us at the telephone number shown in the heading of this letter. Where: Tropical Bptanic Garden Indulge in chocolate delicacies and sip coffee and tea during the season's most delicious event! • Enjoy fine chocolate samples from artisan chocolatiers • Take our Chocowalk to leam about the life cycle of a cacao plant, with stops in our Rainforest and more. • Watch master chocolatiers and chefs demonstrating recipes with chocolate • Attend lectures on the chocolate making, chocolate history, science and more • Sip coffee, tea and hot chocolate surrounded by the beauty of Fairchild 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. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DONYYV) 12/06/2011 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 DDnnll .... D AND THE CERTIFICATE HOLDER. ::'~::::..:.:':~~ If the . " h pOoldl~eCry,i~.:'~_:uu"ouo'M~ , the i must be . If ,ouoj IS :~~bj~c~,to UI~ U;IIII~ GIIU I; of the , 1"Ot:'1 tOlIl, I may require an endorsement. A statement on this does not confer to the , ,lieu of such Arthur J. Gallagher Risk Management Services, Inc. , !:"n-I :-_ NlO-,,-·.-------1 PRODUCER 1-31 '" fI; 8200 N.W. 41st Street Suite 200 Miami, FL 33166 NAIC# INS CO . 20397 INSURED 1 INSURER B, Fairchild Tropical Botanic Garden 10901 Old Cutler Rd. I INSURER a , Coral Gables, FL 33156 I INSURER E, CERTIFICATE MAY BE ISSUED OR I ~~8~.~INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND' UCH POL ~I", . LIMITS SHOWN MAY HAVE BEEN •• nll".n BY_PAID CLAIMS, 1 'ri'o\' TYPE OF 17:.'.:''; ~ I LIMITS A l"""ERALLIABILITY 135367194 03/01/1' 1l/l2~~~~~.~.~.~~.~$1~,010"0~',Oioog Ix "'"'0, I'O"'~ ~';~;;:~ $ 1,000,000 1-+--,1 CLAIMS-MADE [i'] OCCUR 1 MED EXP' $ 2, 000 r-________ $ 1,000,000 1 GENERAL $ 2, 000, 000 1-;;;;-"" . ""'TAP~SPER -COMP/OPAGG 1 $ 2,000,000 IpOLIcyr l\fP,; I x ILOC 1$ LIABILITY r- ANY AUTO r-AllOWNED r-AUTOS r-HIRED AUTOS r-SCHEDULED BODILY I BODILY I UMBRELLA LIAS HOCCUR I EACH nr;/"'IIRRI=Nf'I= I $ ~ EXCESS LlAB <".1 , r $ ~~DED 1 ~'~"~----+-~-r--------------_r----_+----_+~~ ,-~~I$~-------4 ~.~ ·.~II'-"'.L~T)'_ YIN ~:u, 1_.JI.O-"JlitL-j--_____ ._--l !~'.I i~,~l: I; b",w 0 N I A EL EACH. I 1 $ EL OISEASE _ '0 PMO, nvo> 1 $ EL DISEASE -POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS !LOCATIONS { VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Promotional Banner for the ChocolatFestival to be displayed on Sunset Drive, South Miami, Florida from: January 8th, 2011 to January 22nd, 2011. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Miami, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Drive AUTHORIZED REPRESENTATIVE South Miami, FL 33143 \.~ I USA © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) joysch The ACORD name and logo are registered marks of ACORD 24347349 Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES 03.41.300 03.41.300 PHONE NO:~()'S /g -IIvS NEWSRACK APPLICATION FEE ........................ ($50 per newsrack) OUTDOOR DINING I 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 ree on private property) Resolution No. 150-08-12747 03.41.300 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) _____ _ 01" Issuance; Renewals: 0 2'd 0 3'd 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) 3DD.OO MIAMI-DADE COUNTY SIGN APPLICATION ............. ($100 per sign) _____ _ 03.41.300 TREE REMOVAL PERMIT ($75 for fITst tree, $35 for each additional tree) .................................... .. 03.41.300 WAIVER OF RlGHT-OF-WAY IMPROVEMENTS ................ ($1,500) _____ _ 03.41.300 PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM f IMAGING 03.41.400 REQUEST FOR MICROFILM f IMAGING RESEARCH ....... ($100) 03.41.400 MICROFILM f IMAGING ReaderfPrinter copies ....... ($12 each image) 03.69.920 LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single-side copy; $ 0.30 per double-sided copy) GRAND TOTAL X:IFonnslReceipt fonnslRECElPT FORM Part 111-4-11.doc Ordinance No.04MI1-2077 adopted 1~4Mll White copy to Planning; Pink copy to Customer; Yellow copy to Finance 300,00