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9South Miami bO,. CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ifiiP To: The Honorable Mayor and Members of the City Commission Date: March 19,2013 ITEM No._--=-__ _ 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 "Food & Garden Festival at Fairchild," held by the Fairchild Tropical Botanic Gardens on April 20 through April 21, 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 "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 20-21, 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; 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 8, 2013 through April 21, 2013, which is display time period of twelve (12) days before the event is scheduled to take place. However, because the Public Works Department only hangslremoves banners on Wednesdays, the display time period has been modified to April 10, 2013 through April 24, 2013, which is a display time period often (10) days before the event is scheduled to take place. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period of April 10, 2013 through April 24, 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 March 4, 2013 • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate • Event Information Z:\Commission Items\2013\3-J9-13\FairchiJd Food & Garden Festival Banner\Fairchild Food & Garden 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 "Food & Garden Festival at Fairchild," held by the Fairchild Tropical Botanic Gardens on April 20 through April 21, 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 "Food & Garden Festival at Fairchild," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between April 20 and April 21, 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 "Food & Garden Festival at Fairchild," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between April 20 through April 21, 2013 is hereby approved during the following period: April 10, 2013 through April 24, 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 7 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: RECEIVE CITY OF SOUTH MIAMI PLANNING and ZONING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 305-663-6326 Banner Request Application MAR 0 4 2013 Planning and Zoning DePartment 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 Fa \ (c.b\\d ' \ VDpi caQatan \c Address of (\ Organization ....L./-""O,--q-+-' -"-"o-'-I_"""D-J.J.lc_f'------'C ..... -M~::f{o-'-->oit"-'y'----\L-C2ea-"','-,,-<-a-,~~-__ _ Cov-cJ2 6oJo(o ~ PL 3315l.o Contact Person ~~~~ _ \?:')V7lk _~ ~itle mid ~ .II ~-tAn t Email {V\n¥1cl~ ____ 11t:l.Phone3D.::?..it (p 1-~ I fa SI X ~3c.s ~tr&1(1 . Ovz;:... Briefly describe evltft for which YOlHvish to display a banner in South Miami. " fboc\ ~. Go~~ Event date(s) Apcl 2-D <; ~ I Location(s) _________ _ Dates banner to be displayed _'-1--1--'-I--'0=-____ to y I '2-1 A fee of $300 per banner is require ;to cov r cost incurred by the City to hang and remove the banner. ,,~ 1_' __ '1 Received by --'-'-i-:"-"'---i"'-----i~---It-'-~+_--Check # __ ~_4_:--t_·~_g ___ _ ,,~ ') ATTACHMENTS REQ~IRED: ProofofInsurance ReC'di- Banner Design (including wording) Rec'd v:9 Proof of current Non-Profit Corp. Status Rec'd ' • Banners will be displayed 10-14 days before the advertised event takes place; banners I 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 Yz inch nylon rope with twenty- five (25) 14" cable ties, and the banner must have vents. • BANNER DROP-OFF/PICK-UP LOCATION IS AT THE CITY'S PUBLIC WORKS DEPT. 4795 SW 75 A VENUE. THE APPLICANT SHALL AGREE TO PICK UP THE BANNER(S) WITHIN FIVE (5) BUSINESS DA YS AFTER THE EVENT; OTHERWISE THE BANNER(S) WILL BE DISPOSED OF BY THE CITY. -----------------------------------------------------------------------------------------------------------~---------~ Applicant's Signatu~ Date ,~ I' '--II , ~ I City Commission Approval Resolution No. ________ Date _____ _ Rev. 31112013 Z:IFormsl PB-Banner Application -3-1-13.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 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 st Issuance; Renewals: 0 2nd 0 3rd BANNER OVER PUBLIC STREET ........................................ ($300) _--l~1-=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) ~jJOTOCOPIES $ qr~o per double-sided copy) bY: t~/' GRAND TOTAL :\300 X:\Forms\Receipt forms\RECEIPT FORM Part II 1-4-11.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) ~ 03/01/2013 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. 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 D: -- Coral Gables, FL 33156 INSURER E: -------r------------- INSURER F: COVERAGES CERTIFICATE NUMBER' 32269122 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 SUBR 11~~TJg~1 1~~TJgM~1 LTR INSR IWVD POLICY NUMBER LIMITS A GENERAL LIABILITY X 35367194 03/01/1 03/01/14 EACH OCCURRENCE $1,000,000 I-::-~~~~~~J?E~~~J~?ence) ~ COMMERCIAL GENERAL LIABILITY $ 1,000,000 ~p CLAIMS-MADE 0 OCCUR MED EXP (Anyone person) $ 2,000 PERSONAL & ADV INJURY $ 1,000,000 ~ ~ GENERAL AGGREGATE $ 2,000,000 ~'L AGGREAE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG $2,000,000 POLICY ~~i?T fXl LOC $ AUTOMOBILE LIABILITY fE~~~~~~~tFINGLE LIMIT $ -.,,- ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ,--~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -r---NON-OWNED rp~?~;c~d~t~AMAGE -HIRED AUTOS AUTOS $ r----~ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS L1AB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I T~~$rtJgs I 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,!'MPLOYEE $ 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 mar. space is required) Re: Promotional Banner 04/08/13-04/21/13 CERTIFICATE HOLDER City of South Miami 6130 Sunset Drive South Miami, FL 33143 I ACORD 25 (2010/05) GAB SAN 32269122 for The food & Garden Festival to be displayed on Sunset Drive, South Miami, Florida from: 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 ~1 IRS n.'p."!m~11I "rlh ... TTM~llr\' ?/&/fl ... Inl~rlHII n(·Y~ml. !I\'1l'ln: P.o. 130x 2508 Cincinnati OH 45201 In reply refer to: 0248667147 July 22, 2010 LTR 4168C EO 59-0668480 000000 00 FAIRCHILD TROPICAL BOTANIC GARDEN l090l OLD CUTLER RD CORAL GABL~S Fl 33156-4233 1t~(;El V~D JUL 2 32010 Employer Identification Numbe~: 59-0668480 Person to Contact~ Ms. Wittwer Toll Free Telephone Number: 1-877-829-550D Deal' Taxpayer: 00016746 BODC: IE This is in response to your July 13, 2010, request for information regarding your tax-exempt status. Our records indicate that your organization was recogni~ed as exempt under section 501(c1(3) of the Internal Revenue Code in a dete~mjnation lettor 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 1n section(s) 509(a)(I) and 170Cb)(1)(A)(vi). Donors may doduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, Dr gifts to YOU or for your use are d~ductibla for Federal estate and gift tax purposes if thay meet the applicable provisions of sections 2055, 2106, anu 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 raported on Sch~dule A of tha Form 990. If your organi2ation dOGS not meat the public support test for two consecutive years. it is required to file Form 990-PF, Return of Private Foundation, far the second tax year that the orgAnization failed to meGt the support test and will bs reclassified as a pri~ate foundation. If you havo any qUest1ons, please call us at the telephone number shown in the heading of this letter. '* Fairchild Tropical Botanic Garden Page 1 of2 HllD 11 PI Exploring, Explaining and Conserving the \AJorld of Tropical Plants Events « Back to April Events The Food and Garden Festival Featuring the 34th Annual Spring Plant Sale When: Saturday, April 20, 2013 -Sunday, April 21 , 2013 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 34th 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. • Celebrate the season with crisp and refreshing spring brews and summer ales in our Beer Tasting Garden. • 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 34th Annual Spring Plant Sale with thousands of plants from Fairchild's nursery and local plant vendors. Spring Beer Tasting Garden (check back for updates on our beers!) Enjoy Magners Original Cider, Magners Pear Cider, Woodchuck Amber Cider and Woodchuck Seasonal Cider. Activities in the Edible Garden Discover Fairchild's Edible Garden, lush and delicious with herbs, vegetables, fruits and ornamentals that can be grown in your home garden. Learn more about our Edible Garden here. We will have fruit tastings all weekend from 9:30 a.m. to 3:30 p.m. Walking Lectures beginning at our Edible Garden Saturday, April 20 http://www.fairchildgarden.org/Eventsl?friendly= 1 &date=20 13-04&eventid=7 4 7 3/6/2013 Fairchild Tropical Botanic Garden Page 2 of2 12:30 p.m. 2:30 p.m. Sunday, April 21 12:30 p.m. 2:30 p.m. Bee Smart, Bee Cool with Bees, Noris Ledesma, FTBG Learn all about honeybees, their importance in our ecosystem and how to have a safe bee hive at home. Gardening in South Florida, Todd Walton, FTBG Worm Composting, Todd Walton, FTBG The Edible Garden, Richard J. Campbell, PhD., FTBG The Fairchild Farm Fruit Market located at the Edible Garden There will be fruit smoothies, fresh fruit and delicious honey. We will also have seeds and starts of luffa, which has exceptional tolerance to pests and diseases. Kids Activities Join us in the KidWay where using hand lenses and microscopes, children can examine fruits and vegetables to discover the intricacies within and discover the plant germination process. Children will identify the part of the flower that develops into a fruit and the role that pollinators and seed dispersal play in this process. Follow this ev..§_nt Qn...L~<;:.?bo_QJs Become a sponsor today! Thank you to our sponsor: South Mialni 11ospit~1 a""'n$" IfVAij.'f1l $QUl'lf FU;H)!l1A 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. 10901 Old Cutler Road Coral Gables, FL 33156 • Phone: 305.667.1651 • Fax 305.661.8953 © 2012 Fairchild Tropical Botanic Garden -All rights reserved. Site Map • Ytl~{Bf'l Subscribe to Newsletter. Privacy Policy' Website by Illuminati Studios http://www.fairchildgarden.org/Eventsl?friendly= 1 &date=20 13-04&eventid=7 47 3/6/2013