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10South Miami bOd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM mr To: Via: The Honorable Mayor and Members of th~ // Commission Hector Mirabile, Ph.D., City Mana r f 1 From: Christopher Brimo, AICP Planning Director Date: March 14,2012 Subject: ITEM NO.JQ 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 14 through April 15, 2012. 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 14-15, 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 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 over Sunset Drive at 5800 Sunset Drive beginning on April 1, 2012 through April 15, 2012. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period of April 1,2012 through April 15,2012, 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 January 25,2012 • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate • Event Information Z:\Comm Jtems\20 12\3-20-1 2\Fairchild Food & Garden Festival Banner\Fairchild Food & Garden Festival Request_ CM Report.docx 1 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 5800 Sunset Drive to promote an event titled 6 "Food & Garden Festival at Fairchild," held by the Fairchild Tropical 7 Botanic Gardens on April 14 through April 15, 2012. 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 11 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 "Food & Garden Festival at Fairchild," an event to be 16 held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between April 14 17 and April 15, 2012. 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 5800 30 Sunset Drive, to promote the event titled "Food & Garden Festival at Fairchild," an event to be 31 held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between April 14 32 through April 15, 2012 is hereby approved during the following period: April 1, 2012 through 33 April 15, 2012. 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 of ___ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: ,~~,'-. (;.(l~S~\ .... \~,,~~ .~ \ ~~, 3 ::\ j; F::.;~ % \ -$~~..fi:.<f?t~ I. ;9 \,~ ~ "~."'jJVI~/.J/r~.~r-~;\:,.l';R.~.""Ir:./!: ):;'- ~ .. ~~,~.~~;;;~ ~~ CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 305-663-6326 Banner Request AppJication 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 ~. \ . . ..,--. Organization "JW \(G\J\,,\c\ \ '"'O?, (0..-\ $~ \1\ i.L Address of Organization _->t_O...;.q_o_' --'O'----\=&----=C:...>ov1<....,;,,;;.;;~Q..;;..;..I/____'l=c""_~_. ________ _ Contact Person ~\().f~~ g~s Title \}AC\&~~) k\,tkaw-' Phone ~oS {&(;1. I ~rl y:3303 Event date(s), 4:/ \ 1· 4-t \ 5 Dates banner to be displayed 4i \) \:z.... to Location(s} _________ '5_i_o_o __ S""_"':J...:..-'2._S_-Iv...:....:::u.:........* _____ _ ~30o A fee of ~ per banner is re the banner. cover cost incurred by the city to hang and remove Received by Check # _______ _ ATTACHMENTS REQUIRED. Proofoflnsurance Rec'd ~ Banner Design (including wording) Rec'd R City Commission Approval Resolution No. _______ Datc ____ _ Date ____ _ City Manager (To be signed by City Manager following approval by City Commission) P:IFormsIPB-Banner Appllcation.doc Part 2 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 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 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) ______ _ 01 sl Issuance; Renewals: 0 2 nd 0 3rd BANNER OVER PUBLIC STREET ........................................ ($300) __ 1.11-~_O_() __ _ 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 frrst 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-ll-2077 adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance Dod a ar en festival AT FAIRCHILD Featuring the 3yd Annual Spring Plant ~:,;;;'?iv,:;;,~~~_ Saturday & Sunday April 14 and 15,2012 EXHIBIT" A " ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDJYYYY) ~ 03/08/2012 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 1-305-592-6080 CONTACT NAME: Arthur J. Gallagher Risk Management Services, Inc. rlJg~rio. Exll, I r.ifc N9J; E·MAil ADDRESS: Miami, FL 33166 INSURER(S} AFFORDING COVERAGE NAIC# INSURER A: VIGILANT INS CO 20397 -------- INSURED INSURER B: INSURERC: 10901 Old Cutler Rd. INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER' 26023285 REVISION NUMBER' 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 TYPE OF INSURANCE ADDl I~~ ,~8hl5;Y~~ , l~g~6%Yv'WY) LIMITS LTR IINSR POLICY NUMBER GENERAL liABILITY 35367194 EACH OCCURRENCE $ 1,000,000 r--:c:-DAMAGE TO RENTED ~ ==rMERCIAl GENERAL LIABILITY ~lliE.<!.Q9!!lJ£(~~ ___ .L._ 1_ CLAIMS-MADE 0 OCCUR MED EXP (Anyone person) $ I--PERSONAL & ADV INJURY $ 1,000,000 I--GENERAL AGGREGATE $ 2,000,000 ~'L AGG~En LIMIT APFlS PER: PRODUCTS· COM PlOP AGG $ POLICY ~~~i-LOC $ AUTOMOBilE liABiliTY fE~~~~~~~I~INGlE LIMIT $ - ANY AUTO BODilY INJURY (Per person) $ -All OWNED -SCHEDULED AUTOS AUTOS BODilY INJURY (Per accldenl) $ -~---NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ :---._-- $ UMBRELLA llAB H OCCUR ._E~H OCC..lJ.~.RENCE. $ - EXCESS LlAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ S WORKERS COMPENSATION I T~~~I~JNs I J~~ AND EMPLOYERS' LIABilITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatol}' In NH) E.L DISEASE· EA EMPLOYEE $ .-If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES (AUach ACORD 101. Additional Remarks Schedule. If more space Is required) Reo Promotional 4/15/2012. Banner for Food and Garden Event to be displayed on Sunset Dr., South Miami, FL from 4/12/2012 to 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_ 8~~O ~R~e~lR~iB~reet AUTHORIZED REPRESENTATIVE Suite 200 ,,~ South Miami, FL 33143 I USA © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Botanic Garden 26023285 Coral Gables. FL 33156 ~~ Y' R S n~pMIJll~1II "I' Ih" rr¢'\~I,ry \1/j'l}J/I _ _ '--jlilfrnal I(t-nnUI' fi('n-rco P.ri, Ilpx 250B Cincinnati OH 45201 ~AIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTL~R RD CORAL GABLES Fl 35156-4233 In reply rafer to; 0248667141 JulY 22, 2010 LTR 4168C EO 59-0668480 000000 00 00016746 BODC! TE lU1(;EI V.KO JUL 2 3 2010 Emplbyer Identification Number: P8r~on to Con~act: Toll Free Teleph6ne Number: 59-066848(1 Ms. Wittwer 1"877-829-5500 This is in respohse to your July 13, ~010, request for intor~ation regarding your taX"~Kem~t status. Our record~ indicate th~t your organization was recognized as Q~e~pt under section 501Cc)(3) of the Internal Revenue Code'in a dbterminatlon lettor issued in June 1937. Our records also indicate that YOU arQ not ~ p~iv~te foundation within the ~eaning of s~ction 509(a) of the Code bacausS YOU are desc~ibed ih sedion(s) 509((;))(1) and 170(b)(1)(A)~vi). Donors may deduct contributions to you as provi~ed in secti~n 170 of the Code. BeqUe~ts, legacies, devise~, transfers, or gifts to ydU or for Your use are deductible fDr Federal estate and gift tax pur~Qse~ if they ~eet the applicable provisions of sections 2055, 21061 ~h~ e5~2 bf the Code. begihning wit~ the organization's sixth-t~xabl~ year and ail stlcceeding years, it must lIleet one of th~ publ.ic sliPPort tests undar seitjon 170Cb)(ll(A)(vi) or section 509(s}(2) as reported pn SchedUle A af the Form ~90. If your organization dOGS nnt moet the public aU~Pbrt test for two consecutive years, it i~ required to file Fa~m 990-PF, Return of Private Foundation, for the second tax year th~t the orgAnization failed to meet the support t~stand will be reclas9itied B~ a private foundation. If YOll have an~ questions, please call US at the taleghQne numb~r shown in tHe heading of this letter. Fairchild Tropical Botanic Garden Page 1 of2 FAIRCHILD TROPICAL BarANIC Gt\RQg'J Exploring, Explaining and Conserving the World of Tropical Plants The Shop at Fairchild. Fairchild Farm. Fairchild Challenge. Weddings & Private Rentals. Contact Us Home The Garden Events JOIN DONATE SHARE PRINT Visiting Fairchild Events Weddings, Corporate and Special Events Afternoon Tea Film and Photography Center for Tropical Plant Conservation Education How You Can Help Give Join Volunteer Gifts That Give Back Young Professionals The Shop at Fairchild News & Media Center About Fairchild View Our Newsletter Subscribe to Our Newsletter Donate Now The Food and Garden Festival Featuring the 33rd Annual Spring Plant Sale When: Saturday, April 14, 2012 -Sunday, April 15, 2012 from 9:30 AM to 4:30 PM 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 33rd 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. 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 KidWay. Shop the 33rd Annual Spring Plant Sale with thousands of plants from Fairchild's nursery and local plant vendors. Bike Valet Green Mobility Network will be here Saturday and Sunday offering their unique bike valet service at the South Gate. Bike and $5! If you walk or ride your bike to Fairchild, you will receive $5 off the admission price for adults and $2 for children. It's our way of thanking you for contributing to conservation. Follow this even!..on FaceJoook Become a sponsor today! 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- 1? 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. http://www _fairchildgarden.org/Eventsl?date=04-20 12&eventID=57 5 Events Calendar I~I APr.i L791? Mo Tu We 2 3 4 9 10 11 16 17 18 23 24 25 30 1 2 7 8 9 up roses as the new art season is in full bloom with artist Will Ryman. MORE ~ Discounts for Members i members receive discounts on products and services from over 200 local partners through our Branch Out Program. MORf I1\. Discount Coupon 3114/2012