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2d�O1'T�r • INCORPORATED 1927 t 0 R i'Q To: The Honorable Mayor and Members of the Ci Commission 6�,pd,, From Roger M. Carlton, Acting City Manager Date: February 11, 2010 Subject: City of South Miami 2010 Federal and State Legislative Report South Miami hAd 2€01 Attached are the two reports presented at the State and Federal Legislative Workshop on Thursday, February 11, 2010. Any amendments resulting from the Workshop will be presented during the City Manager's Report on the Agenda of February 16, 2010. �• t City o » Miami 2010 State L e : \svim ƒ \ : Action P « ± City of South Legislative Statement of State • • State Government should focus on state -level issues and allow cities to operate with minimal state interference. The City of South Miami will oppose legislation that increases the involvement of state government in municipal affairs and preempt local governing prerogatives. • For Florida's economy to prosper, cities need to succeed. The City of South Miami will promote state investments in municipal infrastructure in order to support revitalization as well as create jobs. This will include funding for local transportation projects, wastewater and stormwater improvements, park and recreational activities, and green technologies and energy - saving initiatives. • State Government should not be allowed to continue disrupting the relationship between citizens and their city elected officials' authority to make decisions impacting the provision of municipal services and quality of life. The City of South Miami will oppose additional arbitrary limits on property assessments, municipal expenditures, and local revenues. • State Mandates should be funded with state resources and should not tap local tax dollars. The City of South Miami will oppose unfunded mandates and support policies that require full funding of state initiatives and mandates for cities. 2 City of South Miami 2010 State Legislative Legislative Policy or Priority Financially Driven Stormwater and Wastewater Initiatives Financial U. S. 1 Transportation Corridor Financial Traffic Calming Financial Recreation /Open Space Financial Housing and SHIP Funding Financial Unfunded Mandates Financial Ludlum Road Historic Designation Policy Red Light Cameras Policy Green Corridor Policy Public Service Commission / Under Grounding Monitor & Transmission Lines Policy Property Foreclosures Policy Outdoor Advertising Policy Revenue Caps Policy Local Government Revenue Collections Policy Bert J. Harris Act Policy Use of Electronic Communications while Driving Policy Issue Campaigns Policy Sexual Offenders and Predators Policy Public Meetings Policy Pension Reform Policy Senior Services /Independent Special Districts Monitor Community Residential Homes Monitor Dangerous Dogs Monitor School Speed Zones Monitor Standards of Official Conduct Monitor Public Works Projects Monitor Municipal Elections Monitor Florida Energy and Climate Commission Monitor *Note: As the session proceeds the time urgency of making adjustments and clarifications to these priorities becomes extremely critical. Therefore, the City Manager is authorized after consultation with the Mayor and individual members of the City Commission to make limited adjustments to these priorities, direct the lobby team and inform the Commission. J City of South Miami 2010 Narrative Summary of State Legislative Priorities Financial Stormwater and Wastewater Initiatives The City of South Miami supports grant and legislative line item funding that enhances local financial capacity to address water resource and water supply development. The City further supports enhanced funding of the Water Protection and Sustainability Program within the Department of Environmental Protection for comprehensive water supply infrastructure needs. Specifically, South Miami requests $1.5 million for Sunset Drive Drainage Improvements - Phase III (from S. W. 65th Avenue to S. W. 69th Avenue) and $500,000 for Citywide Drainage Improvements — Phase VI (from S. W. 74th Street to 80th Street on 59th Avenue and from S. W. 58th to 59th Avenues on 74th Terrace). The Sunset Drive Project would increase pervious areas by widening of the landscape median and improve the existing drainage system along the corridor. This initiative would protect homes and businesses from flooding events. The drainage retrofits that are a part of the Citywide Improvements are incorporated in South Miami's Master Plan and would eliminate soakage pits and replace those with exfiltration systems. This is necessary to meet changes in regulatory standards and as a consequence of the City's aged drainage systems. U. S. 1 Transportation Corridor The City of South Miami supports grant and legislative line item funding in the amount of $1.1 million to supplement the $1.5 million obtained in a previous legislative session in order to implement pedestrian safety improvements to South Dixie Highway within the City limits. The original $1.5 million was for a pedestrian overpass at US 1 and Sunset Drive. This proposal would convert that funding from an overpass to at -grade safety improvements. Additional dollars received would be used for improved signalization, cross -walk timed signals, and median safety areas. The purpose of these enhancements is to allow South Miami residents to cross this 100 foot, 6 -lane highway with increased safety. The City's legislative team previously met with Florida Department of Transportation Secretary Stephanie Kopelousos and District Six Secretary Gus Pego and secured conceptual approval, pending detailed engineering plans, for these modifications. Traffic Calming The City of South Miami supports grant and legislative line item funding in the amount of $500,000 for the Mango Terrace Traffic Calming initiative (from S. W. 72" a Street to 80th Street and from S. W. 67'h Avenue to 69th Avenue). 4 Recreation /Open Space The City of South Miami requests continued funding for the Florida Forever Program and the Florida Recreation Development Assistance Program ( FRDAP). The Florida Forever Program has helped local governments purchase land for parks, recreation, open space and conservation. For the first time since its inception, Florida Forever was not funded during the last legislative session but Governor Charlie Crist has recommended it at a level of $50 million in his proposed Fiscal Year 2011 -12 budget. The Florida Recreation Development Assistance Program ( FRDAP) has been a successful funding vehicle for South Miami's park development and recreational efforts. FRDAP was also not funded last legislative session, but is recommended in the Governor's proposed Fiscal Year 2011 -12 at a token level if $2,200,000. South Miami is particularly interested in securing FRDAP support for restroom facilities, shelters, and a playground at South Miami Park. The request for these is the maximum grant allocation of $200,000. An additional $50,000 is requested for Dante Fascell Park for ADA complaint restroom facilities and upgrade of the tennis courts. Housing and SHIP Funding (Madison Square & Single Sight Affordable Housing) The City of South Miami supports funding of the State Housing Initiatives Partnership (SHIP) Program providing for the rehabilitation of low- income housing, down - payment assistance for first -time low and moderate income homebuyers, and funding for other qualified affordable housing initiatives. In recent years the Legislature has capped funding for the SHIP program funded under the Sadowski Act as a percentage of the document stamp tax revenues. This action has diverted hundreds of millions of dollars to the State's general fund rather than to the SHIP program. Although housing prices have fallen, credit requirements have tightened and the need for down payment assistance is as important as ever. At the same time, older housing continues to deteriorate so the need for rehabilitation funding for low- income homeowners is increasing. Unfunded Mandates The City of South Miami supports strengthening the prohibition on existing and new unfunded mandates, enhanced quantification of the costs to cities, and the allocation of full funding from state sources whenever unfunded mandates are identified. A central feature of Florida's system of public finance is a division of revenue sources and service - delivery responsibilities between government at the state and local levels. Since 1940, the authority to levy ad valorem taxes on tangible property has been constitutionally restricted to local governments. All other forms of taxation are preempted to the state. Since at least the early 1970s, this division of resources between state and local government has become increasingly imbalanced. Many statutory and constitutional restrictions have been placed on local property taxes, while at the same time local governments have been assigned unfunded mandates in numerous policy areas. For example, between 1969 and 2008, 113 amendments to the 5 Florida Constitution have been approved by voters. Thirty -nine amendments affected the fiscal capacity of state or local government. Of these, 82% originated in the Legislature. Most of the amendments proposed by the Legislature increased the fiscal capacity of the state government (85 %) but decreased the fiscal capacity of local government (69 %). In 1990, voters amended the Florida Constitution to exempt counties and cities from future unfunded mandates unless the legislation is approved by a two - thirds membership vote of each house. However, the unfunded mandates amendment has had little lasting effect on the frequency with which unfunded mandates have been enacted. The cost of compliance is borne by city taxpayers at the expense of city priorities and municipal officials are held accountable for fiscal decisions over which they have no control. (Florida League of Cities) 6 Policy Ludlum Road Historic Designation The South Miami Commission approved the historic designation of Ludlum Road and the following language will be amended onto a transportation designation bill: "67th Avenue (Ludlum Road) from Bird Road to SW 801h Street is hereby designated as a state historic road. No public finds shall be expended for any of the following purposes: 1) To cut or remove any tree having a diameter at its thickest part in excess of six inches within thirty-five feet of either side of the paved surface of the road, or of the road, or to engage in an activity which requires the removal ivithout the replacement of such a tree. 2) The alteration of the physical dimensions or location of 67th Avenue, the median strip thereof, or the land adjacent thereto except: A) The routine or emergency utilities maintenance activities necessitated to maintain the road as a utility corridor B) The modification or improvements made to provide for vehicular ingress and egress of govermnental safety vehicles C) Alterations, modifications, or improvements made for the purpose of enhancing life safety vehicular use or pedestrian use of 67th Avenue, or both as long as such alterations, modifications, or improvements are heard in a public hearing and subsequently approved by the City Commission of the City of South Miami. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of the road or structures, provided the physical dimensions and location of the road and the appearance of ' any structure are preserved. However the preservation of the road shall take priority over considerations of traffic management, and the public safety shall not be construed to require alterations in the road when alternative means of promoting safety, including more restrictive traffic regulations, are available. " (SB88, S13176, S13180, S13520, S13868, S131026, S131266, S131698, S131744, 1-1135, HB29, 1-113321, 1113643, H13827, H13839, 1-113841). Red Light Cameras The City of South Miami supports this initiative and the statewide acceptance of this technology and enforcement effort. Remote violation teclulology is used in other areas of the country and is being tested in some Florida jurisdictions via adoption of local ordinance. Acceptance statewide would serve to ensure that this technology is used and seen as a serious effort to reduce both red light violations and traffic crashes. (SB 168, S13294, HB325) 7 Green Corridor The City of South Miami supports legislation that would create a voluntary special assessment program which would assist in the financing of renewable energy producing devices permanently attached to developed private parcels. Public Service Commission The City of South Miami supports legislation that would make all communications public between a Public Service Commission (PSC) member and his or her staff and a representative of a utility; require that all persons who testify at a PSC meeting disclose any financial relationship with any utility; and prohibits a former commissioner from lobbying the legislative or executive branch of government for two years after the termination of their service. (SB1034, S131084, HB565, H13533) The City further supports legislation requiring that the cost of undergrounding any electric transmission line which predominantly carries excess capacity to the grid be borne by all ratepayers throughout the entire FPL service area and not only those directly affected by the path of said line. Additionally, South Miami will monitor SB892 by Bennett and HB691 by Murzin that clarifies legislative intent that the state has exclusive power to regulate underground facilities. Property Foreclosures The City of South Miami supports legislation that provides increased lien superiority for municipal repair and maintenance liens on properties that have undergone foreclosure proceedings. Public Notice The City of South Miami supports legislation that authorizes municipalities to provide public notice and advertising by means other than newspapers, such as direct mailings, government access television channels, Internet posting, and other suitable alternatives. Ad valorem millage- setting notices would continue to be provided in newspaper ads. (SB376). Outdoor Advertising The City of South Miami opposes any legislation or amendment that would pre -empt local regulation of outdoor advertising, including billboards, bus benches, and signs. (HB763, PCB RBP 10 -03) Revenue Caps The City of South Miami opposes artificial or "one size fits all" caps on revenues and expenditures. If the Legislature chooses to move forward with a Taxpayer Bill of Rights (TABOR) proposal, such proposal must address the following principles: Any revenue cap proposal must include a complete prohibition on unfunded mandates to local governments or an exemption of any unfunded mandates from the cap; Any revenue cap proposal must apply equally to all levels of government in Florida, including state government; Any revenue cap proposal must focus on revenues or expenditures, but not both. The following revenue sources should be exempt from any revenue cap proposal: Proprietary funds; State and federal funds; Referendum expenditures, if any; One -time revenues including but not limited to donations, grants, sale of property, settlement of disputes, etc.; Revenues committed to the repayment of debt; Franchise fees and contractual revenues; Revenues from voluntary recreational services; and Funds received or expended in response to a catastrophic event. Any revenue cap proposal should include a "time -out" provision in case it becomes necessary to suspend the revenue cap proposal. Any growth multiplier should reflect the inflation of the expenses incurred by local governments in providing services to citizens. Local Government Revenue Collections The City of South Miami supports allowing municipalities to contract with private attorneys or collection agents to collect taxes and fees that are at least 90 days past due. (SB590, HB559) Bert J. Harris Act The City of South Miami opposes legislation that weakens or removes the sovereign immunity provisions in the Bert J. Harris Act. Use of Electronic Communications While Driving The City of South Miami supports legislation prohibiting the use of electric wireless communication devices while driving. This is ,aimed at texting. (SB 168, SB244, SB324, SB326, SB328, SB374, SB448, SB522, SB592, SB1144, HB 41, HB221, HB323, and HB893). Issue Campaigns The City of South Miami supports legislation to remove any restrictions on municipalities when they make expenditures solely related to informing the public during issue campaigns. Sexual Offenders and Predators The City of South Miami supports efforts to reach a compromise regarding residency distance requirements and no loitering zones. (SB1284, HB119). Pension Reform The City of South Miami will support legislation that provides comprehensive municipal pension reform. Any pension reform package should address the issue of statutorily mandated disability presumptions, and maximum benefits should be based on actual base A salary, rather than salary plus overtime. Additionally, the state should provide incentives for transitioning to alternative pension programs, such as the Florida Retirement System or defined contribution plans and revisit the issue of insurance premium tax revenues and the issue of "extra benefits." 10 City of So Miami 1 J 4 n«, City of South Miami, Florida 2010 Narrative Summary of Federal Legislative Priorities Financial PROJECTS PROPOSED FOR FEDERAL APPROPRIATIONS. 1. Pedestrian Safety and Mobility Project The intersections are at: Red Road (SW 57 Avenue) and US 1 Red Road (SW 57 Avenue) and Sunset Drive (SW 72 Street) SW 62 Avenue and US 1 SW 70 Street and US 1 Sunset Drive (SW 72 Street) and US 1 SW 73 Street and US 1 SW 80 Street and US 1 2. Park Development — South Miami Park 3. Wastewater Projects South Miami Park sanitary sewer line extension Murray Park Swimming Poll pump station upgrade and connection 4. Camera Surveillance at Traffic Signals 5. Traffic Calming Devices Throughout the City 6. Storm Water Drainage 7. Street Trees Citywide 8. Street Lighting *Note: As the session proceeds the time urgency of making adjustments and clarifications to these priorities becomes extremely critical. Therefore, the City Manager is authorized after consultation with the iMayo• and individual members of the City Commission to make limited adjustments to these priorities, direct the lobby team and inform the Commission. 2 1. Pedestrian Safety and Mobility Project Project modifying seven intersections in the City. The intersections are at: Red Road (SW 57 Avenue) and US 1 Red Road (SW 57 Avenue) and Sunset Drive (SW 72 Street) SW 62 Avenue and US 1 SW 70 Street and US 1 Sunset Drive (SW 72 Street) and US 1 SW 73 Street and US 1 SW 80 Street and US 1 US 1 / South Dixie Highway exists as a high -speed / pedestrian unfriendly barrier to the unity of the City. Residents of the City of South Miami have great difficulty passing from one side of the US 1 corridor to the other. The intent of this project is to provide a safe crossing for pedestrians, bicyclists, vehicles and to create social linkages and economic opportunities for the residents of the Community Redevelopment Area to fully participate in community life. The concept is to provide a palette for creative patterns, textures and designs for each of the intersections (See attachments 1 through 3 for examples). Each intersection would be designed by a different noted artist through a competition. The prize for the best design for each intersection would be $5,000, plus the knowledge by the artist that their design would be visible to tens of thousands of people daily. One selected design would be implemented at each intersection. This would be replicated seven tunes, until each of the intersections has received a distinctive pattern, design, art work for the safe pedestrian crossing of the corridor and for traffic calming. Through the use of different textures and materials, such as brick, concrete, patterned concrete, paver blocks, and other materials, the intersections would serve as traffic calming areas and the speed of the vehicles on US 1 would be reduced. In addition there would be expanded landscaped medians that would serve as pedestrian safety landing areas. Count -down crossing signal lights for pedestrians would assist in informing the pedestrians of the time they had to cross an intersection. This would provide the knowledge needed for making a decision about beginning to cross or waiting for the next cycle to cross. This improvement would play a role in the other potential unifying projects of the City. There could be a program under the leadership of Marvin Dunn, PhD, to develop jobs through the creation of community gardens on the west side of US 1 in the City's Community Redevelopment Area. The restaurants on the east side of US 1 have expressed support for purchasing the produce from these community gardens. This process would be further advanced through the U. S. Department of Justice Weed & Seed program, where jobs as well as training in new skills would be created in this transformational project. Each intersection would be completed as funds become available. With the help of former Mayor and current State Representative Julio Robaina an original amount of $1.5 million was made available for a pedestrian overpass of US 1 at Sunset Drive (SW 72 Street). These funds will be included in the State Legislative Action Plan clarifying the use of these funds for at -grade pedestrian crossings to jump start this program at US 1 and Sunset Drive (SW 72 Street). The Federal funds would be used to advance this schedule. Estimated cost per intersection $1.5 million. Total estimated cost is $10.5 million. 2. Park Development — South Miami Park South Miami Park, located at 5701 SW 58 Place, consists of approximately 10 acres of land recently purchased by the City. The site is largely unimproved and includes the YMCA at the eastern end of the park, where it had facilities which were destroyed by Hurricane Wilma in 2005. The Miami - Dade County School Board David Fairchild Elementary School is located to the east of the YMCA. There is presently an access road, SW 45 Street and SW 58 Avenue, leading to the park from the east and south. This road passes through a single family residential neighborhood and leads to the school drop -off area as well as South Miami Park and YMCA facility. The combined City, YMCA and David Fairchild Elementary School create significant negative impacts on the residential streets which serve as the entrance to South Miami Park. The City seeks to enter into a joint use agreement with the Miami -Dade County School Board and the YMCA for the improvement of South Miami Park and the access to it. The joint use agreement would provide for access to the combined facilities through a portion of the school site. The City would offer daytime use of the park by the David Fairchild Elementary School to meet its outdoor open play requirements and improvements to the school which is on a currently undersized site. The requested funds would be used for the construction of a unified building for use by the City and the YMCA. The existing play fields are used by thousands of children with the only restroom provided by portable restroom facilities. The City's share of the project would be $3 million. The balance of the necessary fiends would be provided by the YMCA. 4 Estimated cost for the City's share of this project is $3 million. 3. Wastewater Projects There are two wastewater projects requested by the City. 1. South Miami Park. The park cannot be developed nor can contiguous David Fairchild Elementary School be unproved until a Miami -Dade County sanitary sewer line is constructed. The estimated cost of the extension of this sanitary sewer line is $1.2 million. 2. The Murray Park Swimming Pool. The City has proposed a swimming pool in Murray Park. The proposed swimming pool in the Community Redevelopment Area is ready to commence construction. With the construction drawings in the 100% complete stage there is a situation with the connection of the project's rest rooms with the Miami -Dade County sanitary sewer system. One of the pump stations in the system is over capacity. Pursuant to a consent decree with State and Federal agencies, the County may not connect additional facilities to the sanitary sewer system if any of the pump stations in the system to serve that facility are over capacity. Pump station number 177 is over capacity and scheduled for upgrading by the County in 2014. The Murray Park Swimming Pool will be ready for construction in a few months pending completion of additional community involvement. Since it cannot connect to the County sanitary sewer system for four years, a separate on -site septic system will be required temporarily until the pump station has been upgraded. Funds are requested for the upgrading of the pump station at this time so it will be ready when the pool is completed. Estimated cost of the upgrade to the pump station and connection to the sanitary sewer system is $1.1 million. Total estimated cost for both projects is $2.3 million. There is considerable traffic congestion in South Florida, including the City of South Miami. In this congestion are drivers that are making dangerous decisions at traffic signals. To reduce the incidence of traffic accidents between vehicles as well as with pedestrians and bicyclists, the use of surveillance cameras at intersections has been found to be a great benefit. Placement of surveillance cameras at six major intersections of the City would enable law enforcement to address the issues of traffic signal red light running and the associated accidents, property loss and bodily injury. 5 The camera system would be operated by the South Miami Police department. Estimated cost of surveillance camera installation on major intersections is $900,000. 5. Traffic Calming Devices Throughout the City The City of South Miami is part of the urban South Florida metropolis. Established in 1927, the City has grown to 11,378 residents in an area comprised of approximately 2.5 million residents. The City grew primarily as a single family residential community with limited commercial areas. As a result of urbanization to the west and south the increase of cut - through traffic in the residential neighborhoods has caused serious safety issues to our residents. The City has been installing traffic calming devices in some of the neighborhood with success. The remainder of the City requires the same attention regarding traffic calming. Currently the City has one neighborhood ready to continence a study to determine the best way to accomplish traffic calming, several neighborhoods with completed studies ready for implementation and neighborhoods that are in need of a traffic calming study. At issue are the speeding traffic, the volume of cut - through traffic and the noise and safety issues associated with these elements in a single family neighborhood. As is typical in single family neighborhoods, the children like to play in or near the streets, people walk their pets or walk for health at all times of day. The cohesiveness of a neighborhood is dependent partially upon the issue of knowing your neighbors and doing things together in a setting that is conducive to the growth of neighborhood stability. These factors are difficult, if not impossible to achieve if there is non -local high speed traffic constantly passing through a neighborhood. The funding requested would be used for the traffic studies associated with neighborhoods in need of traffic calming, the development of construction drawings for neighborhood with studies completed and the construction of the neighborhoods that have the plans prepared. In addition, traffic calming intersection improvements at SW 59"' Place and SW 64t" Street are required. Detailed traffic calming improvements have been identified on Page 12 of the City's Capitol Improvement Plan for this currently dangerous intersection. Traffic calming devices at this location include the possible installation of a proposed traffic signal. The estimated costs associated with the development of citywide traffic calming are: Traffic studies of neighborhoods $200,000 Construction drawings $672,000 Construction $5.6 million SW 59 Place and SW 64 Street $300,000 Total estimated cost is $6,772,000 C 6. Storm Water Drainage There are two areas in need of storm water drainage as a part of this funding request. 1. Commerce Lane (Business District) Drainage and Street Improvements. For many years this South Miami Business District has suffered with severe street drainage limitations. This approximate 1,000 foot section of Commerce Lane has long been in dire need of street infrastructure improvements and this infrastructure improvement initiative is supported by the City's adopted redevelopment plan as a way to revitalize this currently sub - standard Business District. Estimated cost of this storm water drainage is $2 million 2. SMCRA District -Wide Street Drainage Improvements. As part of the City's Capital Improvement Plan, much needed drainage improvements throughout the SMCRA area have been identified. Estimated cost of this storm water drainage is $300,000 Total estimated cost of storm water drainage is $2.3 million. 7. Street Trees Citywide There has been continuing efforts by the City to improve the landscaping of the streets in the City. In this request funding is sought to add street trees to provide shade and improve walkability and remove noxious exotic vegetation throughout the City. As part of the City's adopted "Carbon Neutral Initiative Work Plan ", the installation of appropriate street trees for shade, reduction of heat islands, to provide habitat for migratory birds, to enhance walkability, to increase the tree coverage, to increase the planting of native plant species and make a contribution to carbon sequestration. This initiative is also supported by the City's adopted redevelopment plan for the Community Redevelopment Area as a way to enhance pedestrianism and as a result reduce crime in the area. The estimated cost of this landscaping is $500,000. There are areas in need of street lighting upgrades, to better illuminate areas with spotty coverage and dark spots in the lighting program. 7 SMCRA District -Wide Street Lighting Improvements. The SMCRA has previously supported major lighting improvements along major arterial roadways in the SMCRA area including along SW 59" Place (Church Street) and SW 66t" Street. The intent of these prior initiatives is to improve existing lighting conditions, enhance walkability, decrease crime and attract additional redevelopment in the area. The City's adopted redevelopment plan also supports additional lighting improvements along secondary roadways in the SMCRA area, at all intersection locations and along all paths leading to the Metro -Rail Station. Sheet lighting improvements have been outlined as part of a Citywide Lighting Program on Page 17 of the City's Capital Improvement Plan. The SMCRA also currently has a priority lighting implementation plan consisting of four priority street locations. Estimated cost of this street lighting upgrade is $60,000. 2. There are also approximately twenty percent of the streets serving the remainder of the City's residential neighborhoods that require lights. The estimated cost to complete the City's residential street light program would be $1 million. 3. Commerce Lane (Business District) Drainage and Street Improvements. For many years this South Miami Business District has suffered with severe street lighting deficiencies. This approximate 1,000 foot section of Commerce Lane has long been in dire need of street infrastructure improvements and this infrastructure improvement initiative is supported by the City's adopted redevelopment plan as a way to revitalize this currently sub - standard Business District. Estimated cost of this street lighting upgrade is $30,000. Total estimated cost for these three projects is $1.09 million. E