Loading...
4South Miami bOd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ;'iiiI' To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., Cit;jlMana er f / ~ From: Christopher Brimo, AICP 7 Planning Director Date: October 16,2012 Subject: ITEMNO'~ 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 5995 Sunset Drive to promote an event titled "The 72nd Annual Ramble Festival", held by the Fairchild Tropical Botanic Gardens November 9 through November 11, 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 "The 72nd Annual Ramble Festival." This is a garden party celebrating seven decades of South Florida history, and benefiting the Fairchild Tropical Botanic Gardens on November 9 -11,2012. 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 Normally, previous banners for Fairchild Tropical Botanic Garden have been hung at 5880 Sunset Drive. However, due to the fact that the space will be unavailable during the timeframe that the applicant is requesting, the proposed banner will be placed at 5995 Sunset Drive, the only available location beginning on October 29, 2012 through November 11, 2012. The proposed banner will have a display time period of ten (10) days before the advertised event is scheduled to take place. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period October 29, 2012 through November 11, 2012, which is in compliance with Section 20-4.3(N) Backup Documentation: • Resolution • Banner Request Application • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate Z:\Comm Items\201 1\11-1-1 I\Fairchild Banner Request\Fairchild Ramble Banner Request_ CM Report IO-24-II.doc 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 5995 Sunset Drive to promote an event titled 6 "The 72nd Annual Ramble Festival", held by the Fairchild Tropical Botanic 7 Gardens November 9 through November 11,2012. 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 "The 72nd Annual Ramble Festival", an event to be held 16 at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between November 9 - 17 11,2012. 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 5995 30 Sunset Drive, to promote the event titled "The 72nd Annual Ramble Festival", an event to be 31 held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between November 32 9 -11,2012 is hereby approved during the following period: October 29,2012 -November 11, 33 2012. 34 35 Section 2. This resolution shall be effective immediately upon being approved. 36 37 38 39 40 41 42 43 44 45 PASSED AND ADOPTED this __ , day of ___ , 2012. ATTEST: APPROVED: CITY CLERK MAYOR 46 47 48 49 50 51 52 53 54 55 56 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY OF SOUTH l\1IA1WI PLANNING and ZONING DEPARTMENT 6130 Sunset Drive, South Miami, Fl33143 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; LDe Section 20-4.3(N) Attached Name of Not for Profit 1 __ -~ d .......:-\ '" ""' n ~-:::: c,/) S -6r. Organization ru, rc>n\\~ _ Y'br' Cu....x _~L l..::::(u ... fCi\JL-v .... Address of q a Organization (0 0 f Old C~ l'Zotx-OA.... C6~ 6CtJdg~; F~ :3~/50 Contact Person ~~ ~~~S Title maru~ ~n Phone 305 -(alai--I 1051 Briefly describe event for which you Wish to display a banner in South Miami. Eventdate(s) f\.IQV 0, -I , Location(s) FO:, ccJri1\d {q~ n9 to \\O'! 0\ 5't1S' S~St..f Ovl.Jt Dates banner to be displayed --"0",,,' _U"""-''--_"-=-'--__ -'-_ ~ v .:::J A fee of $300 pel' banner is required to cover cost incurred by the City to hang and l'emove the banner. Received by M«.vCMl ["'"h+r,,.,.,. Check # %2.t 5" () ATTACHMENTS REQUIRED: ProofofInsurance ReC'dr Banner Design (including wording) Rec'd Proof of current Non~Profit Corp. Status Rcc'd' .. Bllnners will be displayed 10-14 days before the advertised event takes pillce; banDel'S ,ViII be removed by the Oty after the end of the spec!lll event. • Banner Specifications: 30 feet long x 3-4 feet wide, 60 feet of V! incl. nylon rope ,vith hooks and the banner must have vents, • Banner drop-offJpick-up location is at the City's Public \Vorks Dept. 4795 SW 75 Avenue, The applicant shall agree to pick up the bannel'(s) within five (5) business days after the event, otherwise the banner(s) will be disposed of by the City, City Commission Approya] Resolution No. ________ Date _____ _ Date ------ City IVIanager (To be sigued by Cit)' Mallager followillg approl 1ai by Cil), COII/missioll) ReI'. 2120/2012 P;IFomlsIPB. Bmlller ApplicQlio/~doc Part 2 of4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: IOl3(,.Z. CHECK NO: ~2SfS-'=' NAME: Fcti ret.,; IJ Nopi uJ. Cao.vd...... ------'--''------- ADDRESS: lOtto\ old (lA?\:lw PHONE NO: 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 / 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 2012-20l3 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 2nd 0 3rd BANNER OVER PUBLIC STREET ........................................ ($300) _-..::J4:....;3:....;O_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 first 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:\Forms\Receipt forms\RECEIPT FORM Part II 1-4-1 1. doc Ordinance NO.04-11-2077 adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 09/27/2012 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. rA~gN~o Ext: I FAX . (A/C, No): 8200 N.W. 41st Street E·MAIL ADDRESS: Suite 200 Miami, FL 33166 INSURER!S) AFFORDING COVERAGE NAIC# INSURER A: VIGILANT INS CO 20397 INSURED INSURER B: Fairchild Tropical Botanic Garden INSURER c: 10901 Old Cutler Rd. INSURER 0: Coral Gables, FL 33156 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER' 29289787 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. ADDL SUBR INSR ,~~M5Yv~~) /~~~~5Yy~~~) LTR TYPE OF INSURANCE IINSR IWVD POLICY NUMBER LIMITS A GENERAL LIABILITY X 35367194 03/01/1 03/01/13 EACH OCCURRENCE $1,000,000 I---c--~~~~~il9t.~~~~?ence) ~OMMERCIAL GENERAL LIABILITY $ 1,000,000 r--CLAIMS·MADE 0 OCCUR MED EXP (Anyone person) $ 2,000 1--PERSONAL & ADV INJURY $ 1,000,000 f---GENERAL AGGREGATE $2,000,000 n'L AGGREnE LIMIT APMS PER: PRODUCTS· COMP/OP AGG $2,000,000 POLICY ~~gT X LOC $ AUTOMOBILE LIABILITY fE~~~~~~~t)SINGLE LIMIT $ f-- ANY AUTO BODILY INJURY (Per person) $ I--ALL OWNED ,--SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ I--I--NON·OWNED rp~~~;"~d~t?AMAGE HIRED AUTOS AUTOS $ I--f---... $ UMBRELLA LIAB _H OCCUR EACH OCCURRENCE $ f-- EXCESS LIAB CLAIMS·MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION .IT~~ntJNsl IOJ~' AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory 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 (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Promotional Banner for the October 29th, 2012 to November CERTIFICATE HOLDER City of South Miami 6130 Sunset Drive South Miami, FL 33143 I ACORD 25 (2010/05) GABSAN 29289787 75th Annual Ramble Festivalto be displayed in the limits of South Miami, Florida from: 9th, 2012. CANCELLATION 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 I i I I I i I I I I I I I I I I ')(lOll '''' I Consumer's Certificate of Exemp~ Issued Pursuant to Chapter 212, 'Florida Statutes DR-14 R.04/05 08/25/09 . DEP~RTMENT Of REVENUE 85-8012646655C-2 11/30/2009 11/30/2014 50.1 (C)(3).0f:jGAN'ltATION Cer1ificate Number Effective Data Expiration Data EXertip on Category This certifies that FAIRCHILD TROPICAL BOTANIC GARDEN INC 10901 OLD. CUTLER RD MIAMI FL 33156-4233 is exempt from the payment of FlorIda sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. . " Important Information for Exempt Organizations DR-14 R.04/05 D£P"RTMENT Of REVENUE 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAC). ' 2. 3. 4. 5. 6: Your Con$umer's Certificate of Exemption Is to be used solely by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement exceptwhen they are the lessor of real properly (Rule 12A·1.070, FAC). It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used tor the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. if you have 'questions -regarding 'your exemption certificate, pieasEfc6htact the 'ExeWiption UriitOf Central Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, Fl 32314-6480.