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6South Miami bOd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM fiiir To: Honorable Mayor and Members of the City Commission Via: Kelly Barket, Jr., Acting City Manager From: Christopher Brimo, AICP Planning Director Date: January 8, 2013 Subject: ITEM 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 5995 Sunset Drive to promote an event titled "The 7th Annual Chocolate Festival," held by the Fairchild Tropical Botanic Gardens on January 25 through January 27, 2013. APPLICANT'S REQUEST 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 25th through January 27, 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-aI-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 [?fly-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 proposed banner if approved, will be placed over Sunset Drive at 5995 Sunset Drive from January 14th, through January 25, 2013. RECOMMENDATION Staff recommends approval of the banner request application for the period January 14, 2013 through January 25, 2013, which is in compliance with Section 20-4.3(N) of the City's Land Development Code. Backup Documentation: • Draft Resolution • Banner Request Application • Fee Schedule, Part 2 of 4 • Banner Design -Exhibit "A" • Insurance Certificate • Non-Profit Certificate Z:\Commission Jtems\2013\1-8-13\Fairchild Chocolate Festival Banner Request\Fairchild Chocolate Festival_ CM Report 1-8- 2013.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 7th Annual Chocolate Festival," held by the Fairchild Tropical Botanic 7 Gardens on January 25 through January 27, 2013. 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 i h Annual Chocolate Festival," an event to be held 16 at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road from January 25 through 17 January 27, 2013. 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 i h Annual Chocolate Festival," an event to be 31 held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road from January 25 32 through January 27, 2013 is hereby approved during the following period: January 14th through 33 January 25,2013. 34 35 Section 2. This resolution shall be effective immediately upon being approved. 36 37 38 PASSED AND ADOPTED this __ , day of ___ , 2013. 39 40 ATTEST: APPROVED: 41 42 43 44 CITY CLERK MAYOR 1 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 2 LANGUAGE, LEGALITY AND Mayor Stoddard: 3 EXECUTION THEREOF Vice Mayor Liebman: 4 Commissioner Newman: 5 Commissioner Harris: 6 Commissioner Welsh: 7 CITY ATTORNEY When: Friday, January 25, 2013 -Sunday, January 27,2013 from 9:30 AM to 4:30 PM Where: Fairchild Tropical Botanic Garden Join us for Fairchild's 7th Annual International Chocolate Festival Our most delicious event is back! Join us for three decadent days of chocolate! Check out chef demonstrations from Miami's top chefs. Including: Chef Allen Susser, Chef Diane Thuret Rabaut of Diane's Kitchen, Chef Andrea Curto-Randazzo of Creative Tastes Catering, Chef Loren Pulitzer of Meals that Heal, Chef Debra Upshaw of Sisters in Pink, Chef Christopher Bulgarin of Delicious Catering and chefs from Whole Foods Market Florida Region. Lectures Saturday 10:00 a.m. Santiago Peralta, Pacari Chocolate World-Class Chocolates from Ecuador and Peru 11 :00 a.m. Jacob Marlin Mayan Cacao: Restoring the Rainforests of Belize, Central America 12:00 p.m. Dr. Maricel Presilla, Culinary Historian, Chef and Restaurant Owner Cacao and Chocolate without Borders: Tasting Exceptional Chocolates that Tell a Story 1 :00 p.m. Rodney Snyder, Mars, Inc. Chocolate is American History 2:00 p.m. NoriS Ledesma, Fairchild Tropical Botanic Garden Growing Cacao in South Florida 3:00 p.m. Dr. Howard Yana Shapiro, Global Staff Officer, Plant Science and External Research, Mars, Inc. Sunday 11:00 a.m. Osman Gutierrez, USDA Major Pest and Diseases that Affect World Cacao Production 12:00 p.m. Dr. Richard Campbell, Fairchild Tropical Botanic Garden Home-grown Cacao: Lessons from Modem Production Systems 1:00 p.m. Rodney Snyder, Mars, Inc. Chocolate is American History 2:00 p.m. Santiago Peralta, Pacari Chocolate Pacari Chocolates to the Rescue of Endangered Andean Fruits and Ingredients 2:30 p.m. Dr. Maricel Presilla, Culinary Historian, Chef and Restaurant Owner Learning and Having Fun with Chocolate from Tree to Bar' 'This lecture will be held in Kid Way Education Cacao and Tropical Rainforests: Learn the relationship that the cacao plant holds within rainforests. Does the cacao tree stand alone? Or do monkeys and fungi grow with it? How does sunlight affect the plant? And don't forget to check Fair Trade products and learn what you can do protect places where cacao grows. . Edible Garden Discover how to make chocolate from scratch. Get a first hand look at the cacao pod and what sets go into creating chocolate. Kids Cooking Demonstrations Saturday 1 :00 p.m. Loren Pulitzer, Meals that Heal Sunday 1 :00 p.m. Jeannie Necessary, Common Threads Choco-Walk, A Delicious Journey From the Rainforest to the Conservatory to the Tropical Fruit Pavilion, explore the history and lure of cacao! And don't miss the From Bean to Bar interactive demonstrations presented by the Historic Division of Mars. learn about chocolate from early Colonial times to the present. How has production changed? Sample their delicious hot chocolate created from an ancient recipe. Choco-Walk Stops • Rainforest, chocolate facts and history • Conservatory, a display of chocolate scented orchids • The Tropical Fruit Pavilion at the Edible Garden, chocolate smoothies, the history of chocolate, chocolate and coffee facts • From Bean to Bar presented by the Historic Division of Mars • Chocolate Trees and Orchids • The Shop at Fairchild, Garden House, chocolate books, recipes and Samples. The Historic Division of Mars: From Bean to Bar About the Historic Division of Mars The Historic Division of Mars' mission is to share chocolate's rich past by allowing people to taste and experience the fusion of history and Mars' 100 years of chocolate making excellence. This is accomplished through scholarly research, product development and education. In 2003, Mars undertook an extensive global research initiative to uncover the true history of chocolate. Through a partnership with University of California at Davis and historic partners such as Colonial Williamsburg, Mount Vernon, Fort Ticonderoga, Historic Deerfield and the Fortress of Louisbourg, Mars leveraged an international team of historians, food researchers, and experts to compile the most comprehensive and accurate account of chocolate's journey to North America, titled Chocolate: History, Culture and Heritage. Wiley 2009. Plant Sales Take home your cacao tree and start making chocolate in your own kitchen! Or grab a.chocolate "sherry baby" orchid! If you are adventurous, grab a coffee plant and start making your own brews at home! Chocolate Spa Enjoy soothing music while you enjoy mini massages, manicures or pick up handmade soy chocolate candles from Candles by Fatima. Yoga with Rina Yoga 11 :00 a.m. Yoga for Adults 1:00 p.m. little Rina Yogis for kids ~ IRS J)v[llmmtll1 "rlh"'I:r~ll'ury \1&111 ...... llll~rl)al Ht'wnUf !;(·yrlcc ~"'J\ ",,":-:''II.IIi . i I : ... P.O, 130x 2508 Cincinnati OH 45201 In repl~ refer to: 0248667147 July 221 2010 LTR 4168C EO 59-0668480 000000 00 FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES Fl 33156-4233 R~CEI V ~i) JUL 2 3 2010 Employer Identification Number: 59-0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Number: 1-877-829-5500 Deal' Taxpayer: 00016746 BODC: 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 that 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, transfersl 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)(v1) or section 509(a)(2) as reported on Schedule A of the Form 990. If your organization dOGS not meet the public support test for two consecutive years, it is required to file Form 990-PF t Return of Private Foundation, for the second tax year that the orgRnization failed to meet the support test and will be reclassified as a private foundation. If you havo any questions 1 please call us at the telephone number shown in the heading of this letter. ....;:.<.,..~ ... ~:-~;O\.;·rJ~. ,1/.11'" ~.t.:/~., II .,.,. '0 • .-.. -;r ')\ tf· ... , \'", ~ ~\ : \~~'t;:Jk~"''''' ) :'·U Q, ..,. ",I • IJ:'"( .. • ... fi 'T' , .. / ~ )/ \, I. ,_ .• __ H C... I' '{'l. .)' '-1 9".2 -;: /' /1 \~ .. ,.h. J ~_ ''''? /-t "-~:. () R " .,."l;p7 "'~~ C][TY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fi 331413 305-663~6326 Banner Request Application 1 7 2012 Application for the purpose of requesting approval to display banners over public streets promoting events . as set fOlth in ordinance N\>. 10-07-19 II; LDC Section 20-4.3(N) Attached Address of /\ Organi:l;atiollt _"-"-'-'-.:::-..:.-_--=l)'-!.l..l:!-J_·\...:::.... ·u1_l_e_v---'-"too~J,;.;....·.h _----, ___ _ R3ll \rJ\LS! 5$1 S' (a ~ 1-:1A (p. ~~~~~oJ"-.......... ~l1f~one i!Jzfb) (Q 01-~l (d?11!. ¥~f­ "J Briefly describe event for which yO'lll wisb to display a banner in Soutb Miami, Location(s)_-::-~~=-_-:""""""" ....... ___ ~_~ ____ ===_= t3 . - A fee of $256 per ea'?ner is required to covell' cost incurred by ahe city to hang lAnd remove the banner. Received by Check '# _______ _ ATTACHMENTS REQUIRED: Proof of Insurance Reed __ Banner Design (including wording) Rec'd __ City Commission Approval Resolution No,_'--_____ Datc ____ _ Date -----City Manager (To be signed by City Manager following approval by City .commission) 1':IFormslp/J. Banner Appllcation.doc ACORV® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY) ~ 12/06/2012 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. r~gNJo Exll: I FAX iAIC No): --E·MAIL 8200 N.W. 41st Street 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' 30560178 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~:: (~~hlg~) I J~~hl%Yv'WYl LIMITS LTR POLICY NUMBER A GENERAL LIABILITY X 35367194 03/01/1 03/01/13 EACH OCCURRENCE $1,000,000 I-;;-~~~~~~l?E~~~~~~encel ~5MMERCIAL GENERAL LIABILITY $1,000.000 f-----CLAIMS-MADE 0 OCCUR MED EXP (Anyone person) $ 2,000 f-----PERSONAL & ADV INJURY $ 1,000,000 r----GENERAL AGGREGATE $ 2,000,000 ~'L AGGRnE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG $ 2,000,000 POLICY ~~~T -[Xl LOC $ AUTOMOBILE LIABILITY .&~~~~~~~I)SINGLE LIMIT $ r- ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED ~ SCHEDULED AUTOS AUTOS SODIL Y INJURY (Per accident) $ -i--NON-OWNED rp~?~~c~d~RAMAGE HIRED AUTOS AUTOS $ -'--- $ UMBRELLA LlAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I fo~~I~JI~s I IOJ~' AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 NIA E. L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (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 IVEHICLES (Attach ACORD 101, Addillonal Remarks Schedule, if more space is required) Re: Promotional Banner for From:1/14/2013-1/25/2013 CERTIFICATE HOLDER City of South Miami 6130 Sunset Drive South Miami, FL 33143 I ACORD 25 (2010/05) GAB SAN 30560178 the Chocolate Festival 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 Part 2 of 4 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 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 fee on private property) Resolution No. 150-08-12747 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) ______ _ o 15t Issuance; Renewals: 0 2nd 0 3rd BANNER OVER PUBLIC STREET ........................................ ($300) _----'~:.... .. _>Q_V __ 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 I IMAGING REQUEST FOR MICROFILM I IMAGING RESEARCH ....... ($100) MICROFILM I 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 1-4-11.doc Ordinance No.04-11-2077 adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance