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1South Miami bOd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 'liTr To: The Honorable Mayor and Members of the City Commission Via: Steven Alexander, City Manager From: Christopher Brimo, AICP uo1 Planning Director / ITEM No. I ---"----Date: February 19,2013 Subject: 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 "Fairchild's 11 th Annual International Orchid Festival," held by the Fairchild Tropical Botanic Gardens on March 8 through March 10,2013. 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 "Fairchild's 11th Annual International Orchid Festival". This is a festival showcasing orchid plants from around the world, and benefiting the Fairchild Tropical Botanic Gardens on March 8-10, 2013. 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; 20(H 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) feeli>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 between the dates of February 25, 2013 through March 8, 2013. However, because the Public Works department only hangs banners on Wednesdays, the proposed banner will have a display period of February 27, 2013 through March13, 2013 which is approximately nine (9) days before the advertised event is scheduled to take place. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period February 27, 2013 through March 13, 2013, 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 February 6, 2013 • Fee Schedule, Part 2 of 4, dated February 6, 2013 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate • Event Information Z:\Commission Items\2013\2-l9-l3\Fairchild Orchid Festival Banner Request\Fairchild 10th Annual Orchid Festival Request CM Report.docx - 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 46 RESOLUTION NO. ____ _ 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 "Fairchild's 11th Annual International Orchid Festival," held by the Fairchild Tropical Botanic Gardens on March 8 through March 10,2013. 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, submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive to promote the event titled "Fairchild's 11th International Orchid Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between March 8 and March 10,2013. WHEREAS, the submitted application contains the required insurance statement, non-profit certificate, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the Fairchild Tropical Botanic Garden event. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The request submitted by the Fairchild Tropical Botanic Garden, a non- profit organization, for approval to hang a banner (Exhibit "A") over Sunset Drive at 5800 Sunset Drive, to promote the event titled "Fairchild's 11th Annual International Orchid Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between March 8 through March 10, 2013 is hereby approved during the following period: February 27,2013 through March 13, 2013. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this __ , day of ___ , 2013. ATTEST: APPROVED: CITY CLERK MAYOR 1 2 3 4 5 6 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF 7 CITY ATTORNEY 8 9 10 11 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY OF SOUTH l\1JA1\1I PLANNING and ZONING DEPARTMENT 6130 Sunset Drive, South l\fiami, 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; LDC Section 20-4.3(N) Attached Name of Not for Profit 'A --r. -'\~' i r' c.....A . ~ l)~ .. Organization .~ \ r ch I lLA '~t2)~ I C a...Q C~~ '--~urlXY'V'-- Address of _ "...~ Organization -I-ll.o<-Dq-+><'O'-....l)_-"-()"-'-l"'""o\-'---=~:...::...-.-~-'---'y __ \'2_·-CC_~_=--__ _ Cara.Q Contact Person _roL-!--,-O-=-.;.Yt=j...,-+=CAJ~\f\.,!.....::::_~-,I!'!;:;:)::..J·VZ5Z~I;..<)!Fk<s~' _________ _ Title tv! let. 1ft:» ''S ,tC\.-V't Phone be; _. lifa 1 ~} 0":;, Briefly describe event for which you Wish to display a banner in South Miami. Eventdate(s)iY'Drch B-to Dates banner to be displayed I£b % Location(s) __________ _ A fee of $300 per banner is required to over cost incurred by the City to hang and l'emove the banner. Received by ~V-L+-=+'--rr--'-1-+'---jf-----Check # __ %=...." 4-,--~_~_t_' __ _ Proof of Insurance Rec' d~ • • Banner Design (including wording) Rec'd Proof of current Non-Profit Corp. Status Rec'd Banners will be displayed 10-14 days before the advertised event takes place; baunel's ill be removed by the City after the end of the special event. Banner Specifications: 30 feet long x 3-4 feet wide, 60 feet of !It incll nylon rope with 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 banner(s) within five (5) business days after the eYent, othemise the banncr(s) will be disposed of by the City. City Commission Approval Resolution No. ________ Date. _____ _ Date _____ _ City :Manager (Fo be siglled by Cit)' }rJallager followiflg approval by Cit)' COII/missioJl) ReI'. 212012012 P:\FonJlsIPB. BaJ/1/er Applicatioll.doc Part 2 of4 City of South Miami, Florida PLAL~NING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES 03.41.300 03.41.300 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 2012-2013 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) ______ _ DIS! Issuance; Renewals: D 2nd D 3rd 03.41.300 03.41.300 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 ..\ 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) 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 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:\Forms\Receipt forms\RECEIPT FORM Part II 1-4-11.doc Ordinance No.04-11-20n adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance ACORV® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 01/29/2013 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. rlJ2~o Ext}: I r..e~ 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 INSURERB: Fairchild Tropical Botanic Garden INSURERC: 10901 Old Cutler Rd. INSURER D: Coral Gables, FL 33156 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER' 31759565 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 ~~~i ~~ I (~g}-J%MVv) I (~gTJ%YvWv) LIMITS LTR POLICY NUMBER A GENERAL LIABILITY X 35367194 03/01/1 03/01/13 EACH OCCURRENCE $ 1,000,000 r-::--~~~~~U?t.~~~~~nce) ~ 3MMERCIAL GENERAL LIABILITY $ 1,000,000 I--. CLAIMS-MADE 0 OCCUR MED EXP (Anyone person) $ 2,000 r--PERSONAL & ADV INJURY $ 1,000,000 1-._--GENERAL AGGREGATE $ 2,000, .0_0_0 ___ n'L AGGREAE LIMIT APFxlS PER: PRODUCTS -COMP/OP AGG $2,000,000 POLICY ~~gT X LOC $ AUTOMOBILE LIABILITY fE~~~~~~~tlSINGLE LIMIT $ r-- ANY AUTO BODILY INJURY (Per person) $ '-----ALL OWNED ,--SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -I--NON-OWNED rp~~~~C~d~t~AMAGE HIRED AUTOS AUTOS $ C---r-- $ UMBRELLA LlAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I T"6~~IfJI¥S I IOJ~-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A -- (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 11th Annual International Orchid Festival to be displayed on Sunset Drive, South Miami, Florida from: February 25th, 2013 to March 8, 2013. 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 (2010/05) GAB SAN 31759565 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 r-~ lOR S nv[~"rm~1l1 "I" lit,> "I:N,'$Ilr}' \I&IfJ 0 .... lnl~r»lll H(onnu~ !J~YI"kc P.o. Dox 2508 Cincinnati OH 45201 In repl~ refer to: 0248667147 July 22, 2010 LTR 4168C EO 59-0668480 000000 00 FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES Fl 33156-4233 R~CEl V,gj) JUL 2 ;; 2010 Employer Identification Number: 59-0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Number: 1-877-829-5500 Deal' Taxpayer: 00016746 BODe: TE This is in response to your July 13, 2010, request for information regarding your tax-exempt status. Our records indicate that your organization was recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a det~rmination letter issued in June 1937. Our records also indicate th~t you are not a priVate foundation within the meaning of section 509(a) of the Code because yoU are described in section(s) 509(a)(I) and 170(b)(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 succeedjn~ 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 .econd tax year that the orgRnization failed to meet the support test and will ba reclassified as a private foundation. If yOU havo any questions, please call us at the talephone number shown in the heading of this letter. Fairchild Tropical Botanic Garden Page 1 of2 FAJRCHILD TRDPICAL ,AN Ie G~ Exploring, Explaining and Conserving the World of Tropical Plants The Shop at Fairchild. Fairchild Farm. Fairchild Challenge. Weddings & Private Rentals. Contact Us Home Wings of the Tropics The Garden Visiting Fairchild Events Concerts Orchid Festival Food and Garden Festival and Spring Sale Mango Festival Bird Festival Edible Garden Festival The Ramble Weddings, Corporate and Special Events Afternoon Tea Film and Photography Science and Conservation Education How You Can Help Give Join/Renew 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 Orchid Festival Fairchild's 11th Annual International Orchid Festival! Friday, Saturday and Sunday, March 8, 9 and 10, 2013, 9:30 a.m. -4:30 p.m. Choose from over 10,000 orchid plants from vendors from around the world. Explore the wonder of orchids during our garden workshops and walking tours. JOIN DONATE SHARE PRINT Marvel at rare orchid species in the American Orchid Society juried show, presented by the Orchid Society of Coral Gables. Visit the elegant Orchid Tea Room for an energizing spot of tea and dessert. Enjoy wonderful food and live entertainment. Vie;X.§ .. I?.!lQl9_9..'iJU"lY of previous Orct)i(LEesit)(?J~ Follow this event on Facebook http://www .fairchildgarden. org/ events/Orchid -F esti vall 2112/2013 Fairchild Tropical Botanic Garden Become a sponsor today! Thank you to our sponsor: South Miami Hospital $AP'fisy" Hl$it.ru:"'$iiM'fH fl,q.nioPA 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. Page 2 of2 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. 10901 Old Cutler Road Coral Gables, FL 33156. Phone: 305.667.1651. Fax 305.661.8953 © 2012 Fairchild Tropical Botanic Garden -All rights reserved • ~j!g . .!:12Q • ~:J ~t r}l~ YIW~~ 2@Ecribe tQJi~.w.~!~tt~r • erl'l!Jf.y.Y..9JJ.f.'t • W.~J2.~.t~._P..'i Illuminati S.!.l,t~lli. http://www.fairchildgarden.org/events/Orchid-Festivall 2/1212013