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05-16-06ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of April 18, 2006 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- APPOINTING CAROL MARK, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM` ENDING MAY 15 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A' RESOLUTION RE APPOINTING "CAROL MARK, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15f 2008) (Mayor Feliu) S. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE APPOINTING LUIGI' VITALINI, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A ;RESOLUTION RE APPOINTING LUIGI VITALINI, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A' TWO YEAR TERM ENDING MAY 15, 2008) (Mayor Feliu) 6. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE= APPOINTING DAVID S. TRAUTMAN, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY " 15, 2008; AND PROVIDING AN EFFECTIVE DATE 3/5 (A RESOLUTION RE- APPOINTING DAVID S. TRAUTMAN, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008) (Mayor Feliu) REGULAR CITY COMMISSION 2 AGENDA - MAY 16, 2006 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE'- APPOINTING GIORGIO BALLI, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A , TWO YEAR TERM ENDING MAY 15, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A_ RESOLUTION -RE-APPOINTING GIORGIO BALLI TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008) (Mayor Feliu) 8. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE= APPOINTING PETER T. JUDE, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING PETER T. JUDE,- TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008) (Mayor Feliu) 9. A RESOLUTION OF THE MAYOR AND1 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING 'MICHAEL BEDELL, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND PROVIDING AN EFFECTIVE DATE.: 3/5 (A - RESOLUTION APPOINTING MICHAEL BEDELL, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008) (Mayor Feliu) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA!IRELATING TO BOARDS AND COMMITTEES;, APPOINTING` CATHY MCCANN TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND PROVIDING AN EFFECTIVE DATE-:3/5 (A RESOLUTION APPOINTING CATHY 'MCCANN TO' SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30,:2006) (Mayor Feliu) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING LORIE YANOSHIK TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND PROVIDING AN EFFECTIVE DATE.3 /5' (A 'RESOLUTION APPOINTING LORIE YANOSHIK TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006) (Mayor Feliu) 12. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND REGULAR CITY COMMISSION 3 AGENDA - MAY 16,' 2006 COMMITTEES; APPOINTING'TONI H. ALAM TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION .APPOINTING `'TONI H. ALAM TO SERVE - ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006) (Mayor Feliu) 13. A' RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING BRIAN D. BEASLEY TO SERVE ON THE BUDGET' AND FINANCE COMMITTEE`, FOR A TERM ENDING SEPTEMBER 30, 2006; AND PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION APPOINTING BRIAN D. "BEASLEY TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006) (Mayor Feliu) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH` MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PROFESSIONAL? SERVICE WORK ORDER TO CORZO 'CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING SURVEYING,'' GEOTECHNICAL TESTING AND PRELIMINARY DESIGN PHASE SERVICES FOR SUNSET' DRIVE IMPROVEMENTS (WESTERN CITY LIMITS T0- US -1) IN AN (AMOUNT OF $71,215.00 TO BE CHARGED TO ACCOUNT NUMBER 01- 2100- 519 -3171; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE, A PROFESSIONAL SERVICE WORK ORDER TO C3TS ENGINEERING SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN PHASE SERVICES FOR SUATSETi DR' IMPROVEMENTS IN AN AMT OF $71,215.00 TO BE CHARGED TO THE NON -DEPT 'iGENERAL EXPENSE ACCT W /CURRENT BAL$75,000) (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' AUTHORIZING THE CITY MANAGER TO PURCHASE ONE FORD RANGER UTILITY TRUCK FROM GUS MACHADO FORD IN AN AMOUNT OF $14,856.00 TO BE CHARGED TO THE PUBLIC WORK S'DEPARTMENT ACCOUNT NUMBERS 001- 1720- 534 -4455 AND 111- 1730 - 541 -4455; PROVIDING FOR AN EFFECTIVE DATE.' 3/5' (A RESOLUTION 'AUTHORIZING THE CITY MANAGER TO PURCHASE ONE FORD RANGER UTILITY TRUCK FROM GUS MACHADO FORD IN AN AMT OF $14,856.00 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCT W /CURRENT BAL$14,197.17 &' $857.47 RESPECTIVELY) (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'' FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $11,418.60; TO BE CHARGED TO ACCOUNT REGULAR CITY COMMISSION 4 AGENDA - MAY 16, '2006 NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMT OF $11,418.60 TO BE CHARGED TO THE CONSULTANT LABOR ACCT W /CURRENT BAL$13,426.36) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 17. AN ORDINANCE OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (I) , (J), , (L) , (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN, ORDER TO PROVIDE' FOR A NEW SECTION 20 -4.11 TO BE ENTITLED' TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES,' AND CRITERIA FOR REMOVAL;, PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE 3/5` (Vice Mayor Wiscombe) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) RESOLUTION (S) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO WORK WITH MIAMI -DADE COUNTY FOR THE DESIGN OF -A ROUNDABOUT AT THE INTERSECTION OF SW 67Tx AVENUE AND SW 64TH STREET; PROVIDING AN EFFECTIVE DATE. (Deferred 5/02/0 6) 3/5 (A RESOLUTION DIRECTING THE ADMINISTRATION TO 'WORK WITH MIAMI -DADE COUNTY FOR THE DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF SW 67TH AVE & SW 64' ST) (Commissioner Beckman) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES;' RE- APPOINTING LEE PERRY TO SERVE ON THE REGULAR CITY COMMISSION 5 AGENDA MAY 16 2006 COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. (Deferred 510210 6) 3/5 (A RESOLUTION RE- APPOINTING LEE PERRY TO SERVE ON THE'CRA ADVISORY BD FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER; RE- APPOINTING YVONNE SOLER- MCKINLEY; PROVIDING AN EFFECTIVE DATE 3/5 (A RESOLUTION RE- APPOINTING YVONNE SOLER- MCKINLEY AS ACTING CITY MANAGER) (Mayor Feliu) 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO EXTEND' FOR AN ADDITIONAL ONE YEAR PERIOD A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE WHICH WAS APPROVED BY RESOLUTION NO. 82 -05- 12061 ON JUNE 14, 2005; THE VARIANCE APPROVED WOULD ALLOW THE LOT SIZE 'OF'. A 'BUILDING SITE LOCATED AT THE NORTHEAST CORNER OF SW'. 71 STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED', AND A MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED ALL ON PROPERTY WITHIN THE "MO" MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A FOUR STORY' MIXED USE' BUILDING; AND PROVIDING FOR AN'EFFECTIVE DATE. 4/5 (A; RESOLUTION TO EXTEND FOR AN ADDITIONAL 1 -YEAR PERIOD A VARIANCE FROM SECTION 20-3.5G OF THE LDC WHICH WAS APPROVED BY RES. NO. 82-05-12061 ON 6114105 TO PERMIT THE CONSTRUCTION OF A 4-STORY MIXED USE BUILDING) (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING 22 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RULES OF PROCEDURE OF THE CITY COMMISSION, AMENDING CHAPTER 2 SECTION 2 -2.1 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, ENTITLED "RULES OF PROCEDURE OF THE CITY REGULAR CITY COMMISSION 6 AGENDA - MAY 16, 2006 F.,.i.:a�n?�""+;w. .,�+-- :'�•--' -r- '�"�..^, .'_R'. F}�?. ;^?... :. r,, :a.,...;"'-.�.:.'a ,.P'3, %�- ;n „,., a�' ,,,.�`{s- ?';-'Fx..r;..: k ,?,�FPZC.>�r, .. :r „"�. ','�: COMMISSION "; BY CHANGING THE DATE OF REGULAR COMMISSION MEETINGS; PROVIDING FOR REPEAL, CODIFICATION,` SEVERABILITY, AND AN EFFECTIVE DATE. 3'/5 (Mayor Feliu) THE CITY HAS A: SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IBPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL= BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE I PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE _GRANTED BY A MAJORITY VOTE OF THE CONIl xSSION... COMMISSION REMARKS PURSUANT TO FLA - STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A- RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE,` AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT I BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.; REGULAR CITY COMMISSION % AGENDA MAY 16, 2006 DRAFT l City of South Miami 2 Regular City Commission Minutes 3 April 18, 2006 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, April 18, 2006, beginning at 7 :12 9 p.m., in the City Commission Chambers, 6130 Sunset Drive,. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Vice Mayor Randy G. Wiscombe and Commissioner Jay Beckman. Mayor 14 Horace G. Feliu and Commissioners Velma Palmer and Marie Birts 15 arriving after roll call. 16 17 Also in attendance were: City Attorney Luis Figueredo, City 18 Clerk 'Maria M. Menendez and Acting City Manager Yvonne Soler 19 McKinley. 20 21 B. Invocation : (NONE) 22 23 C Pledge of Allegiance`: 24 The Pledge of Allegiance was recited in unison. 25 26 D. Presentations(s)' 27 28 1. Officer' of the Month': 29 Officer Paul Rodriguez for the month of March 2006 30 31 Major Mills presented Officer Paul Rodriguez as Officer of 32 the Month. The ``Major invited Officer Rodriguez and his family to 33— join him at the podium and proceeded to address the Commission 34 about the Officer's accomplishments. 35 36 2. HR to present City Manager Advisory Committee criteria 37 38 HR Manager Navarro opened this presentation. She then 39 introduced Committee Chair Frank Cuzzocrea who addressed the 40 Commission regarding the Committee's recommendations. 41 42 Among the recommendations were the candidate must have 43 computer skills, and not just the basics; a Masters degree; 44 salary range between $90,000 - $150,000; and, to conduct a 45 nationwide search. 46 47 Commissioner Palmer asked for clarification of skills 48 requirements.' Mr. Cuzzocrea said that the Committee is REGULAR CITY COMMISSION 1 MINUTES - April 18, 2006 :�,a= 1 recommending someone who shows understanding of the ethnic 2 diversity of the City; one who will look at unifying the City 3 instead of being a divider. He also explained that they recommend 4 computer related skills; someone with more than just the ba =sics 5 and that is why they are requiring that the resumes be done 6 electronically in order to be able to test those skills. 7 8 Vice Mayor Wiscombe said that he has been through three of 9 these and would not want to go through some of the things they 10 have gone through in the past. He said that he is not totally 11 convinced as to whether going on a national search is a good idea 12 because someone from out of the state would probably not be 13 versed in our Sunshine law and Florida laws in general; he then 14 recommended a state search or regional search before going 15 nationally; and if we go national, he said that we should do it 16 by posting it on a national website rather than using 17 publications. He also said to take into consideration relocation 18 costs if doing a national search. He then referred to the 19 Experience /Educational Requirements ''under the City Manager Job 20 Opening draft directing `the ' following changes`: 21 22 Experience /Educational Requirements 23 24 ❑ Master's in Public Administration or Business 25 Administration or Finance and /or related field and /or a 26 combination of education and experience is 27 yea required. 28 ❑ Emphasis will be placed on governmental :accounting, 29 budgeting, finance and ,management of employees 30 ❑ A minimum of 5 years of successful management 31 experience in municipal government, business and or 32 related organization.: is s -°_ -gly desired. 33 ❑ Knowledge of Florida municipal laws including 34 Florida's Sunshine Law, and regulations. streng_;� 35 desired, 36 ❑ Expertise in redevelopment and infrastructure 38 ❑ Knowledge of pension and retirement related matters. a 39 mss- 40 ❑ Knowledge of labor relations and negotiations. 41 ❑ Experience in strategic planning` and management. a 42 pis- _ 43 ❑ Knowledge, and comprehension of City Charter. 44 ❑ Familiarized with grant administration /grant funding. 45 46 Vice Mayor Wiscombe also emphasized that the position of CRA 47 director should be separated from the City Manager's position. 48 Regarding the MIS technology experience he said that he would 49 like to see a checklist as to the specific knowledge required in REGULAR CITY COMMISSION 2 MINUTES — April 18, 2006 ...� r ., ;�� •,. -�,- -� x :.,.., —_� � a . � ��� � �-� �-� -�-; -����, � -mot} , � �F �� �� . 1 the field, and. that the manager should have background knowledge 2 and the skills necessary to identify any problems so that he /she 3 may be able to communicate with MIS staff. 4 5 Commissioner Beckman said that since the City has a CRA and 6 the manager would need to deal with it that experience with the 7 CRA -is a must. As for the Masters degree, he, said that it is 8 better to leave it open for those candidates that might not have 9 it but that could probably have a lot of experience and 10 expertise. 11 12 Commissioner Palmer said that she concurs with the Vine 13 Mayor who does not wish to leave' any loopholes in the job 14 description. She said that a candidate either has the necessary 15 skills or he /she does not have it; there is no in between. She 16 then thanked Frank and the Selection Committee for acting so 17 fast. 18 19 Vice Mayor Wiscombe then directed the HR Manager to have the 20 City Charter and the Florida and Sunshine laws available for 21 anyone that applies. 22 23 Commissioner Palmer referred to the Committee's suggestion 24 to provide housing as an option for out-of-state candidates. She 25 said that she does not agree with that option because that would 26 tie us down too much before we know how the person is going; to 27 perform. 28 29 The HR Manager asked as to whether the _Commission favored 30 going on a national` search. Some favored a national search Vice 31 Mayor Wiscombe said that he would prefer starting with a regional' 32 search' but that he would go along with what his colleagues 33' decided, 34 35 HR Manager Navarro then asked about advertisement She said 36 that time is of the essence and asked' for direction from the 37 Commission as to their choices. 3$ 39 Commissioner Birts asked how much it would be to go with a 40 search firm. Ms. Navarro said that the cost for a search firm 41 would run between $15,000 - $20,000. 42 43 Ms. McKinley said that she is in the process with the 44 Expressway Authority of going out to bid on a search firm to find 45 an executive director and that the lowest bid that came in is for 46 $65,000. 47 48 Commissioner Palmer brought the issue of relocation cost. 49 She said that the City should not pursue assuming any housing 50 costs. The City should offer a fixed amount for relocation'' and 51 nothing else. REGULAR CITY COMMISSION 3 MINUTES April 18, 2006 1? ry Aitvr 1 2 Vice Mayor Wiscombe directed HR to gather some moving costs 3 to have an idea of what is fair. He then reiterated for HR to 4 revise the ad as per the Commission's directions. He also said 5 that he would like to see a copy of the ad before it is 6 published. 7 8 Commissioner Beckman said that he does not understand why we 9 need to advertise this in "a paper such as the New York Times; 10 anyone looking for this type of position would look in the 11 Florida and National League of Cities, he added. 12 13 Vice Mayor Wiscombe said that maybe the Wall Street Journal 14 because it is business related. 15 - 16 Finally, the Commission agreed to _publish the ad in: FLC, 17 NLC, MDLC, Wall Street Journal, Sun 'Sentinel, and Palm Beach 18 Post 19 20 With no further comments or discussion, the presentation 21 ended. 22 23 24 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 25 " 26 27 1. Approval of Minutes 28 a) Minutes of March 7, 2006 29 30 Moved by Commissioner Palmer, seconded by Commissioner 31' Birts, the motion to approve the minutes of March 7, 2006 passed' 32 by a 4 -0 vote: 33 34 Commissioner Palmer: Yea 35 Commissioner Birts Yea 36 Commissioner' Beckman: Yea 37 Vice, Mayor Wiscombe: Yea 38 Mayor Feliu: Absent 39 40 41 b) Minutes of March 21, 2006 42 43 Moved by Commissioner Birts, seconded by Commissioner 44 Palmer, the motion' to approve the minutes of March 21, 2006" 45 passed by a 4 -0 vote: 46 47 Commissioner Palmer': Yea 48 Commissioner Birts: Yea 49 Commissioner Beckman: Yea REGULAR CITY COMMISSION 4 MINUTES - April 18, 2006 1 Vice Mayor_Wiscombe: Yea 2 Mayor Feliu: Absent 3 4 5 c) Minutes of April 4, 2006 6 7 Moved by Commissioner Palmer, seconded by Commissioner 8 Birts, the motion to approve the minutes of April 4, 2bO6 passed 9 by a 4 -0 vote 10 11 Commissioner Palmer: Yea 12 Commissioner Birts: Yea 13 Commissioner Beckman: Yea 14 Vice Mayor Wiscombe: Yea 15 Mayor Feliu: Absent 16 17 18 2. City Manager's Report: 19 20- a) Scheduling Bethel's Pavilion Opening Ceremony 21' 22 The Opening Ceremony was scheduled for Friday, May 12, 2006 23 at 5:30 p.m. 24 25 b) Request to install 4 -way Stop at SW 63rd Court & SW 66th 26 Street. 27 28 Ms. McKinley said that information was given to the 29 Commission on this, along with other follow up items. 30 31 Commissioner Beckman referred to the Valencia parking issue, 32 requesting that the matter be addressed. Mr. Figueredo said that 33 he would address it during the City Attorney's Report 34 35 Regarding the intersection at SW 64th Street and SW 67th 36 Avenue, Commissioner Beckman said that he has been working on 37 that together with Mr. BBalogun and the County. He said that the 38 County has dome traffic studies and has concluded that the 39 roundabout will work very well at that intersection he added 40 that the surrounding neighbors have looked at it in detail and 41 this is what they want.' The County is going to make a detailed 42 design to address some issues regarding ingress /egress of 43 driveways. He said that the County wants for the City to pass a 44 resolution directing them to make a construction drawing for that 45 roundabout That resolution will be on the next agenda. 46 47 Commissioner Birts asked whether a` traffic light will be 48 installed at SW 72nd and SW 6'4th. And if so, would that help 64th & 49 67th, she asked. Commissioner Beckman does not think that it 50 will however, Mr. Balogun is of the opinion that the light at REGULAR CITY COMMISSION MINUTES — April 18, 2006 ^M i m7w �:r 5 b�T ., , 1 72nd and 64th would eventually 'impact the next intersection in a 2 positive way. 3 4 Commissioner Birts then referred to the problems the 5 immediate neighbors will have getting in and out of their 6 driveways. 7 8 Commissioner Beckman said that the County will design it so 9 that they will have no problem getting in and out. He added that 10 the problem with a signalized intersection is that people; go very 11 fast, whereas the roundabout will force people to slow down. 12 13 Commissioner Birts expressed concern about children crossing 14 that intersection without a traffic light. 15 16 Vice Mayor Wiscombe asked that -a diagram be attached to the 17 resolution so that they will be able to visualize the project. 18 19 With no ;comments or discussion, the City Manager's Report 20 concluded. 21 22 3. City Attorney's Report: 23 24 Mr. Figueredo addressed the issue °relating to the concerns -25 raised at the last 'Commission meeting regarding the condo sales 26 at the Valencia, as to whether or not included the sale of 27 parking spaces` were included which would violate our Land 28 Development Code (LDC) He said that he has written a letter to ` 29 the Valencia's legal counsel; that is a cease and desist letter' 30 if the violation is in fact occurring. He is also demanding in 31 the letter: that they provide information demonstrating that they 32 in fact are complying. He said that he will be reviewing their' 33 sales contract and their final version of the condominium 34 documents. 35 36 Vice Mayor Wiscombe said that there is a difference between` 37 parking requirements of an apartment building versus that of a 38 condominium. 39 40 Mr. Figueredo then said that there is a specific case out of 41 Miami Beach, whereas specifically upheld parking exceptions that 42 were given to an apartment building that converted to a 43 condominium; the case provides that the use is not a change in 44 use; in an apartment building- people rent and have no property 45 rights with respect to the parking space. If the condo 46 association treats the parking garage in a manner which is 47 consistent with the way it was treated when it was an apartment 48 building, then they would be in compliance with the' special 49 exception; if, however, they are receiving remuneration, then 50 they would be violating our LDC, and that would be the 51 difference. What we are doing, he continued, is asking the REGULAR CITY COMMISSION 6 MINUTES - April 18, 2006 1 representatives of the Valencia to demonstrate that there has 2 been no change in how they are using their parking garage. 3 4 Vice; Mayor Wiscombe said that he believes that there were 5 some credits given as an apartment building, not as condominium 6 because of its proximity to the Metrorail. He also said that he 7 would like to have a deadline for them to respond to the 8 attorney's letter. 9 10 Commissioner Beckman asked as to what would happen if 11 violation has already occurred with some of the sales. Mr. 12 Figueredo said that this raises some interesting 'legal questions. 13 One option that this body would have is to hold a special hearing 14 to revoke the special exception; they would, then have an 15 opportunity to fix the parking shortage through off street 16 parking, for instance; and there are other options as well. 17 18 With no comments or discussion, the City Attorney's Report 19 concluded, 20 21 The Mayor arrived at this time 22 23 PUBLIC REMARKS 24 25 David Tucker, Sr. spoke words of wisdom in his poetic style 26 as he usually does. He specifically referred to an item on the 27 previous agenda relating to the Commission's support to a' Miami 28 Dade County Schools legislative initiative. 29 30 Michael Miller spoke against the proposed roundabout for SW 31 67th Avenue and SW 64th 'Street. He said that this is 'designed to 32 slow the traffic and make it even worse than it is for that 33 intersection. 34, 35 Susan Hart said that with the roundabout at SW 64th Avenue 36 and SW 42nd Terrace drivers just run over it and that there is an 37 accident waiting to happen there. She then spoke about a property 38, located at 6291 SW 42nd Terrace across from her house; she said 39 that the property is an eyesore and that the City needs to do 40 something about it. Code Enforcement Manager Eva Rosa said that 41 the City is working to resolve the problems described by Ms. 42 Hart. 43 44 Craig Sherar expressed concern with the proposed roundabout 45 which may cause traffic delay. He then referred to item no. 21 on 46 the agenda relating to the SMCRA, loan. He said that the ordinance 47 provides for the City to be the principal of the loan and that 48 there is no funding for this. He then recommended selling the 49 Mobley building in order to buy the properties for the Madison 50 Square project. REGULAR CITY COMMISSION MINUTES - April 18, 2006 7 l 2 Dick Ward expressed his discontent for not being chosen for 3 the City Manager Selection Committee. 4 5 Sharon, McCain said that no expense should be spared in the 6 search for a city manager. She then urged the Commission to 7' follow up on a forensic audit. With regard to item no'. 5 relating 8 to an appointment to the Pension Board, she said that there are 9 not enough applications for this board and urged the Commission 10 to vote against it About the items relating to drain work she 11 said that they always seem to be for west of the highway. She 12" said to be in favor of a parking garage and hopes that it will be 13 fully utilized. Regarding item no. 21 she said that she does not 14 want to be the primary on that loan and that she wants to 'see the 15 back up for that item. 16 17 Walter Harris referred to item no. 21 saying that the -CRA 18 has no specific plan for Madison Square yet, neither does it have 19'; a director; - therefore, he does not recommend that the City 20 becomes principal of that loan. 21 22 Adrian Ellis spoke as a CAA board representative; regarding 23 item no. 21 he said that the CPA does have plans for the project 24 and that people are just misinformed. He then urged the 25 Commission to vote in favor of item no 12 ' since the Head Start 26 Center for the CAA is in dire need of the two air conditioning 27- units requested. He also urged the Commission to donate to the 28 CAA scholarship fund, and to put a line item for the CAA at the 29 next budget cycle. He urged to vote in favor of Brian Beasley's 30 appointment to the CRA Advisory Board. Regarding the roundabout 31 he expressed concern with the children crossing on that 32 intersection without a traffic light, but if the County decides 33 to go ahead with the roundabout anyway, he said that he hopes 34 that they will put at least' two crossing guards at that 35 particular intersection. 36 37 Yvonne Beckman referred to item no. 21 saying that the 38' Commission' needs to review the Findings of Necessity before 39 anything is going to be added; we do not know whether stores at 40 Madison Square would be viable. She said that it does not seem 41 appropriate to change the - zoning for that Tittle area because 42 that would be setting a precedent. She said that 'affordable 43 housing there seems like a better idea. 44 45 John E. Smith said to be pleased to see item no. 9 on the 46 agenda, relating to transfer of ownership to the City of Sunset 47 Drive from US1 to SW 69th Avenue. Regarding the donated art work, 48 he said that the Jean Willis Park is known as the "flower and 49 tree" park, and besides, it is not the proper place for such a 50 huge art work. Fuchs Park might be a better location for it,' or 51 the CVS property if acquired. REGULAR CITY COMMISSION MINUTES - April 18, 2006 8 1 2 Jane Wilson, the lady donating the sculpture, addressed the 3_ Commission saying that the Jean Willis Park seems appropriate to 4 her for the sculpture. Ms. Wilson is assuming the complete cost 5 of the installation'. 6 7 With no further speakers the public remarks session was 8 closed, 9 10 At this time the following- items were pulled from the 11 Consent agenda: Vice Mayor Wiscombe pulled item no. 5 (now no. 12 12), and Commissioner Beckman pulled items no. 13 and 14: 13 14 15 CONSENT 16 17 39 -06- 12180 18 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 19 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 20 COMMITTEES; APPOINTING BRIAN D.'BEASLEY "TO SERVE ON THE 21 COMMUNITY REDEVELOPMENT AGENCY (CRA), ADVISORY BOARD FOR 22 A TWO YEAR TERM ENDING APRIL 17 2008; AND PROVIDING AN 23 EFFECTIVE DATE: 3/5 24 (Mayor Feliu) 25 26 40 -06 -12181 27 5. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL MASTER 29 SERVICES; RE- APPOINTING 'ENRIQUE ZAMORA, ESQ.; CAROLYN Y. 30 HOWARD, ESQ., AND MAURICE DONSKY ESQ. AS SPECIAL 31 MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 32 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ,ACCOUNT'' 33 #001 -0000- 341 -9040 ENTITLED "CODE ENFORCEMENT FINES 34 REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE. 3/5 35 (City Manager) 36 37 41 -06 -12182 38 6. A, RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 39 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 40 DISBURSE $14,319.65 TO CONTRACT CONNECTION, INC. FOR THE 41 INSTALLATION OF A PICNIC SHELTER AT BREWER PARK; TO BE 42 CHARGED TO THE BREWER PARK LWCF GRANT MATCH ACCOUNT 43 NUMBER 001.0000.219.3521 AND THE LAND AND WATER 44 CONSERVATION FUND (LWCF) GRANT ACCOUNT NUMBER 45 001.0000.131.1461; PROVIDING AN EFFECTIVE DATE. 3/5 46 47 (City Manager) 48 REGULAR CITY COMMISSION 9 MINUTES - April 18, 2006 ;� .., ..x, %:^- ,:.zx 1 2 42 -06- 12183 3 "7. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE A GRANT AGREEMENT OF $475,000 WITH 6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR WATER 7 DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING AN EFFECTIVE 8 DATE. 3'/5 9 10 (City Manager) 11 12 43 -06- 1218`4 13 8. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING FLORIDA 15 DEPARTMENT OF TRANSPORTATION'S PROPOSAL TO TRANSFER 16 OWNERSHIP OF SUNSET DRIVE FROM US -1 TO SW 69TH AVENUE 17 (CITY LIMIT) TO THE CITY, IN LIEU OF THE CITY'S REQUEST 18 VIA RESOLUTION 'No. 95- 05- 12074; PROVIDING AN EFFECTIVE 19 DATE. 3/5 20 (City Manager) 21 22 44 - -06 -12185 23` 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH` MIAMI,' FLORIDA AUTHORIZING THE CITY 25 MANAGER TO .EXECUTE AN AGREEMENT WITH LEON'S ENGINEERING' 26 CORP. FOR CITYWIDE WATERMAIN EXTENSION - AREA 2 27 CONSTRUCTION IN AN AMOUNT OF $238,411.00 TO BE CHARGED 28 TO 'SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT 29 NUMBERS 106- 1711 -536 -6434 AND 106- 1712- 536 -6436 AND 30 LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 112- 1730 - 31 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5' 32 (City Manager) 33 34 45 -06 -12186 35 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 36 CITY OF SOUTH MIAMI, FLORIDA, APPROVING EMERGENCY DRAIN 37 CLEANING SERVICE BY ENVIROWASTE SERVICE GROUP, INC. IN 38 AN AMOUNT OF $7,263 TO BE CHARGED TO STORM WATER TRUST 39 FUND ACCOUNT NUMBER 111- 1730 -541- 4640; PROVIDING AN 40 EFFECTIVE DATE. 3/5 41 42 (City Manager) 43 44 45 46 -06- 12187 46 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION- OF THE 47 CITY OF SOUTH` MIAMI, FLORIDA, AUTHORIZING THE CITY 48 MANAGER TO EXECUTE EMERGENCY PURCHASE ORDER FOR TWO AIR REGULAR CITY COMMISSION 10 MINUTES - April 18, 2006 1 CONDITION UNITS FOR THE COMMUNITY ACTION AGENCY 2 HEADSTART CENTER IN AN AMOUNT OF $6,800 TO BE CHARGED TO 3 PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1710 -519- 4 3450; PROVIDING AN EFFECTIVE DATE. 3/5 5 (City Manager) 6 7 Moved, by Commissioner Palmer, seconded by Vice Mayor 8 Wiscombe, the motion to approve the consent agenda passed 'by`a 5- 9 0 vote 10 11 Commissioner Palmer:` Yea 12 Commissioner Birts Yea 13 Commissioner' Beckman: Yea _14 Vice Mayor Wiscombe; Yea 15 Mayor Feliu: Yea 16 17 18 RESOLUTION (S) 19 20' 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 22 COMMITTEES;- APPOINTING BRADLEY 'CASSEL TO SERVE ON THE 23 PENSION BOARD FOR A`TWO YEAR TERM ENDING APRIL 17, 2008 24 AND PROVIDING AN EFFECTIVE DATE 3/5° 25 (Mayor Feliu) 26 27 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts 28 to approve this item. 29 30 Vice Mayor Wiscombe said that he has a concern with this 31 particular application since it appears that Mr. Cassel has no 32 real experience with regard to pension boards or anything of that 33 nature; therefore, he questions whether' this is the right board 34 for him to serve on. This is a very important board and we need 35 some good expertise to follow up on some items, and that is the 36 reason for his questioning this application. 37 38 Mayor Feliu said that he has had the opportunity to meet 39 with Mr. Cassel and he expressed his willingness to serve the 40 City in this capacity; also, he has considerable amount of 41 financial background with the banking industry, he added. 42 43 Vice Mayor Wiscombe then suggested that this item be 44 deferred so that he has the opportunity to speak with Mr. Cassel 45 and learn more about his background and expertise. 46 47 Moved by Vice Mayor Wiscombe, seconded by Commissioner 48 Birts, the motion to defer this item passed by a 5-0 vote: 49 REGULAR CITY COMMISSION 1 1 MINUTES - April 18, 2006 1 Commissioner Palmer: Yea 2 Commissioner Birts: Yea 3 Commissioner Beckman Yea 4 Vice Mayor Wiscombe: Yea 5 Mayor Feliu: Yea 6 7 At this time Commissioner Palmer asked as to how people are 8 informed about vacancies on the different boards. 9 10 Mayor Feliu said that as our website is improved we will be 11 able to use it for getting this type of information out to the 12 public. He said that the City's website is the best way for 13 people to be informed about our boards and committees. He also 14 recommended announcing it through our quarterly newsletter. 15 16 47 -06 -12188 17 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACT; 19 AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER OF 20 MASTER LANDLORD AGREEMENT FOR SUBLEASE BY MARK- RICHMAN 21 PROPERTIES, INC. (MRP),,WITH OUTBACK /SOUTH FLORIDA -II, 22 L.P.; PROVIDING. AN EFFECTIVE DATE. 3/5 23 (City Manager) 24 25 Moved by Commissioner Palmer, seconded by Mayor Feliu to 26 approve this item. 27 28 Commissioner Beckman said that he has the same question, for 29 the City Attorney for both items 13 and 14. He said that we have 30 two proposed restaurants that have not been approved and asked 31 for clarification 32 33 Mr. Figueredo explained that the Commission is not being 34 asked to approve the restaurants as a regulatory body; they are 35 only being asked to approve the restaurants as a landlord.` He 36 then referred to the pertinent clause in the agreement. 37 38 Commissioner- Beckman then, said that they could proceed on 39 both 13 and 14. 40 41 With no further comments or discussion, the motion to 42 approve this item passed by a 5 -0 vote: 43 44 Commissioner Palmer: Yea 45 Commissioner Birts : Yea 46 Commissioner Beckman: -Yea 47 Vice Mayor Wiscombe: Yea 48 Mayor Feliu Yea 49 REGULAR CITY COMMISSION 12 MINUTES - April 18, 2006 o 1 2 48 -06 -12189 3 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4, CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACT; 5 AUTHORIZING THE CITY MANAGER TO EXECUTE A :JOINDER OF 6 MASTER' LANDLORD AGREEMENT FOR SUBLEASE BY MARK `RICHMAN 7 PROPERTIES, INC. (MRP), WITH CARRABBA' S /TROPICAL COAST, 8 L.P.; PROVIDING AN EFFECTIVE` DATE. 3/5 9 (City Manager) 10 11 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to 12 approve this item.' 13 14 With no comments or discussion, the motion to approve this 15' item passed by a 5 -0 vote: 16 17 Commissioner Palmer:" Yea 18 Commissioner`Birts: Yea 19 Commissioner Beckman: Yea 20 Vice Mayor Wiscombe: Yea 21 Mayor Feliu: Yea 22 23 24 ORDINANCE (S) THIRD READING PUBLIC HEARING (8) 25 26 11 -06 -1879 27 15. AN ORDINANCE OF THE MAYOR AND <CITY COMMISSION OF THE 28 CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 29 2.26.11(F) OF THE CODE OF ORDINANCES IN ORDER TO 30 PROVIDE THAT THE TERM OF OPERATION OF THE AFFORDABLE 31 HOUSING ADVISORY COMMITTEE' SHALL BE EXTENDED AND 32 SETTING FORTH A TERM OF OFFICE FOR COMMITTEE MEMBERS 33 PROVIDING FOR SEVERABILI'TY; PROVIDING FOR ORDINANCES IN 34 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE`. 3/5 35 (Commissioner Palmer) 36 37 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 38 approve this item. 39 40 Commissioner Palmer said that the Committee is working hard 41 and looking for ways to provide affordable housing. She said that 42 after restructuring everything, she wants to come to this 43 Commission and show the things that the Committee has been able 44 to accomplish present it and the Commission can take- it from 45 there. 46 47 The public hearing was opened and closed with no speakers 48 49 REGULAR CITY COMMISSION 13 MINUTES April 18, 2006 a 7 Vice Mayor Wiscombe Yea 8 Mayor Feliu Yea 9 10 11 ORDINANCE (S) SECOND READING PUBLIC NEARING (S) 12 13 14 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION, OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 16 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 17 LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY 18 RESIDENTIAL BUILDING LOCATED AT 6133 SW 63r' TERRACE AS 19 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC 20 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 21 ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR 22 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 23 PROVIDING AN EFFECTIVE DATE. 3/5 24 (City Manager) 25 26 Moved by Commissioner Palmer, seconded by Vice Mayor 27 Wiscombe to approve this item. 28 29 Mr. O'Donniley presented this item.' 30 31 The Mayor opened the public hearing at this time. 32 33 Reverend Larry Jones said to be the CEO of a community 34 development corporation in South Dade. He spoke on behalf of his 35 parents who are the property owners of the subject property. He 36 said that the historic designation has its pros and cons. His 37 parents are elderly individuals, he said, and for that reason he 38 wants to carefully evaluate what would be most convenient for 39 them at this point He said that he feels that it would be in his 40 parents' best interest to have the item killed at this time. He 41 said that he would like to bring it back, however, in a different 42 format at a later date 43 44 Commissioner Beckman said that he had several concerns with 45 this, such as the size of the property which is quite small. He 46 said that perhaps combining this property with the Church, then 47 the Church might find use for this property. 48 REGULAR CITY COMMISSION MINUTES- April l$, 2006 14 1 Commissioner Palmer said that, as she has stated before, she 2 feels that if the owner does not want the designation, it should 3 not be imposed upon. She said that she will support the owner's 4 decision, even though the property may be historical, but the 5 owner's decision is very important to her. 6 7 Vice Mayor Wiscombe said that there is a rare chance 8 sometimes where we get to preserve little pieces of history since 9 many times properties like this one are torn down in the name of 10 progress, and not really preserving some of the integrity and the 11 historical value of the community. He also said that he is more 12 than willing to listen to what the owner has to say in regards to 13 an alternative, but my 'intent is for preservation, and not for 14 demolition to expand the Church or whatever else might be in 15 mind, he added. 16 17 Commissioner Birts said that she went before the 18 Preservation Board in Tallahassee and this was one of the 19' properties before them and the Board was very much in favor of 20 it. She said that we need to preserve our African heritage within 21 the community. We need to start somewhere' and this is a good 22 spot. 23 24 Rev. Jones said that they have no intention of demolishing 25 the property; he said that the property may be preserved without 26 having all the restrictions attached to it, which will also be 27 more beneficial for the City and for 'the ` residents. 28 29 Mayor Feliu said that the Sylva Martin ;building is an 30 example of how a historical building can serve a purpose while 31 being preserved. He concurred with Commissioner Palmer saying 32 that he does not agree with imposing a historic designation on a 33 property if the owner does not wish it. 34 35 Commissioner Beckman said that perhaps the owner can work 36 with the Church and make this a viable building that will have a 37 viable purpose in the future, then the City should work with him 38 on that because he seems sincere; but, in the event that he 39 cannot make that happen, it is his property, and he said that he 40 will not be part of imposing the City's rule on him. 41 42 Commissioner Palmer asked the City Attorney as to how can a 43 resident who does not want the historic designation on his /her 44 property be protected. 45 46 Mr. Figueredo said that the.' whole concept of historic 47 preservation is essentially to preserve structures that have 48 historical significance; whether or not the property owner 49 consents to the designation is not a' criteria; and the reason it 50 is not is because the Board is really looking from the historical 51 standpoint, that his structure contributes something to the REGULAR CITY COMMISSION 15 MINUTES - April 18, 2006 1 history of the City, and that is all that is being evaluated by 2 the Historic Preservation Board. It is supposed to be a very 3 objective review. In terms of weighing a' property owner's rights, 4 is not a taking in my legal opinion, he ' added, because the City 5 is not preventing the owner from using the property; what the 6 City is preventing is demolition, because in the case of 7 demolition the City loses a piece of historical value: 8 9 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the 10 motion to table this item failed by a 2-3 vote: 11 12 Commissioner Palmer: Nay 13 Commissioner Birts: Yea 14 Commissioner Beckman: Nay 15 Vice Mayor Wiscombe: yea 16 Mayor Feliu: Nay 17 18 On the ordinance as a whole, motion to approve this item 19 passed by a 3- 2- -vote: 20 21 Commissioner Palmer: Nay 22 Commissioner'Birts: Yea 23 Commissioner Beckman: Nay 24 Vice Mayor Wiscombe: Yea 25 Mayor Feliu Yea 26 27 12 -06 -1880 28 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 30 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI° 31 LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY 32 RESIDENTIAL BUILDING LOCATED AT 6500 SW' 60'' AVENUE AS 33 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC 34 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 35 ZONING USE DISTRICT FOR THIS PROPERTY;. PROVIDING FOR 36 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 37 PROVIDING AN EFFECTIVE DATE. 3/5 38 (City Manager) 39 40 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 41 approve this item. 42 43 Mr. O'Donniley presented this item. 44 45 At this time the Mayor opened the public hearing. 46 47 Frank Cuzzocrea Jr. asked for clarification on the vote of 48 the previous item. He referred to last year's item regarding the 49 Allen Drugstore property` that 'came before the Commission for REGULAR CITY COMMISSION 1 6 MINUTES - April 18, 2006 1 historic designation; he said that at that time the vote failed 2 3/2 and he did not understand why. 3 4 Mr. O'Donniley explained that there is a specific provision 5 in the LDC that says that if we are noticed with a written 6 protest by the property owner, a four -fifth vote is required; 7 otherwise it only requires a three - fifth. 8 9 Mayor Feliu then asked as to whether the family of Reverend 10 Jones was aware of this, because if they were not, then that 11 would have changed the way he voted. 12 13 Mr. O'Donniley said that staff always makes the owners aware 14 that they may file a written protest. 15 16 Mayor Feliu at this time said that since he was on the 17 prevailing side he would move to reconsider the vote on item no. 18 16 because everybody should have the same rights and perhaps the 19 owner was not well aware of the rules. 20 21 Moved by Mayor Feliu, _seconded , by Commissioners Palmer and 22 Beckman, the motion to reconsider the motion to approve item no. 23 16 passed by a -5 -0 vote: 24 25 Commissioner Palmer: Yea 26' Commissioner Birts: Yea 27 Commissioner Beckman: Yea 28 Vice Mayor Wiscombe: Yea 29 Mayor Feliu: Yea 30 31 Moved by Mayor Feliu, seconded by Commissioner Beckman, the 32 motion for item no. 16 to continue passed by a 5 -0 vote: 33 34 _Commissioner Palmer: Yea 35 'Commissioner Birts: Yea 36 Commissioner Beckman: Yea 37 Vice Mayor Wiscombe: Yea 38 Mayor Feliu: Yea 39 40 41 At this time Vice Mayor Wiscombe said that he has a concern 42 with regard to the procedure of _notifying the property owner and 43 whether it is done by general mail He said that it should be 44 done by certified mail where the person receiving it signs so 45 that we have a`record of it. He said that anything that would 46 preclude an owner's right should; be done by certified mail. 47 48 Mayor Feliu said that he would support an ordinance 49 mandating that anything that has to do with property owner's 50 rights,' that it be done by certified mail and that they are REGULAR CITY COMMISSION 17 MINUTES - April 18, 2006 1 notified as to the procedures and the rights that they have to 2 represent themselves on this type of hearing. 3 (This concludes the interruption to reconsider the vote. for item no. 16) 4 5 Item no. 17- Cont'd: 6 7 As the Commission resumed' with item no. 17, Vice Mayor 8 Wiscombe informed the Commission that Marshall Williams' 9 daughter,- Ms. Williams, was present in the audience and even 10 though she did' not intend to speak, she had said that she is in 11 favor of this designation. 12 13 Commissioner Beckman said that he can see preserving this 14 house, and that he can also see some day the property would be 15 worth far more without the house in it. He then asked as to 16 whether there are any restrictions in the event` that the owner 17 might want to demolish the house at some point in the future.' 18 19- Mr. Figueredo said that if the property owner wants to 20 demolish it, he /she has to pursue a different protocol procedure 21 for that purpose. 22 23 With no further comments or discussion, the motion to 24 approve this item passed by ",a 5 -0 vote: 25 26 Commissioner Palmer: Yea 27 Commissioner Birts: Yea 28 Commissioner Beckman: Yea 29 Vice Mayor Wiscombe: Yea 30 Mayor Feliu: Yea 31 32 33 13 -06 -1881 34 18. AN ORDINANCE OF THE MAYOR AND 'CITY COMMISSION. OF THE 35" CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 36 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 37 LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL 38 BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET 39 DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN 40 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE 41 EXISTING ZONING USE DISTRICT FOR THIS' PROPERTY; 42 PROVIDING FOR SEVERABILITY;,PROVIDING FOR ORDINANCES IN 43 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 44 (City Manager)` 45' 46 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 47 approve this item. 48 49 Mr. O'Donniley presented this item. REGULAR CITY COMMISSION 18 MINUTES April 18, 2006 l 2 Commissioner Palmer asked for clarification on the term 3 "transfer of development rights." 4 5 Mr. O'Donniley explained that staff is working on a proposal 6 that will be °brought before the Commission. The transfer of 7 development rights, coupled with the historic designation giving 8 the right to sell those rights to transfer to a more appropriate 9 site would give them the chance to recuperate investment 10 opportunities while preserving the historic nature of the 11 property. He plans to be able to bring it before the Commission 12 within the next 2 -3 months because it first has to go before the 13 Planning,Board. 14 15 Moved by Commissioner Birts,, seconded by Vice Mayor 16 Wiscombe, the motion to extend the meeting to 11:30 p.m. passed 17 by a 5 =0 vote: 18 19 Commissioner Palmer: Yea 20 Commissioner Birts: Yea 21 Commissioner Beckman: Yea 22 Vice Mayor Wiscombe: Yea 23 Mayor Feliu: Yea 24 25 At this time the Mayor opened the public hearing. 26 27 Alfred Aronovitz, representing Sunset 58 LLC, said that they 28 had originally opposed the designation of 'a historic site for 29 this particular property; however, after reviewing it and in 30 light of the present tenants of the adjacent property, they think 31 that the transfer of development rights is a benefit that should 32 be extended to people in this situation. He then said that they 33 are no longer objecting to the designation of the historic site. 34 35 Commissioner Beckman asked Mr;. Aronovitz whether in the 36 event that the transfer of development rights never comes to 37 fruition, if they would still be in favor of the historic 38 designation. Mr. Aronovitz said that if they were not they would 39 not be here approving it tonight. 40 41 Sharon McCain said that when she was in the Parking 42 Committee they always ended up with these establishments downtown 43 being grandfathered in. 44 45 To answer some of Ms. McCain's concerns, Mr. O'Donniley said 46 that if the owner adds two more stories, those two stories would 47 have to provide the parking. 48 49 Commissioner Palmer said that she voted against it 50 previously to go along with the owner's wishes, but since now 51 they approve it, she will support it too REGULAR CITY COMMISSION MINUTES - April 18, 2006 19 ..,.....,-�-°F;";�', fig. F?�;k.�,,,;�rrrn,�.s„-- � -•�.:s -�`,�z �3:c.".� —'- ,5•�- 1 2 With no further comments or discussion, the motion to 3 approve this item passed by ,a 5 -0 vote: 4 5 Commissioner Palmer Yea 6 Commissioner Birts: Yea 7 Commissioner Beckman: Yea 8 Vice Mayor Wiscombe: Yea 9 Mayor Feliu: Yea 10 11 12 13 RESOLUTION (S) /PUBLIC HEARING (S) 14 (NONE) 15 16 RESOLUTION (S) 17 (CONT'D) 18 19 49 -06- -12190 20 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF iTHE- 21 CITY OF SOUTH MIAMI, RELATING TO THE DONATION OF THE 22 HOLSUM BAKERY ICON SCULPTURE AND PLACEMENT 1N 23 WILLIS TO BE :DETERMINED IN THE IMMEDIATE FUTURE 24 PROVIDING FOR AN EFFECTIVE DATE. 3/5 25 (City Manager) 26 27 Moved by ;Mayor Feliu, seconded by Vice Mayor Wiscombe and 28 Commissioner Palmer to approve this item. 29 30 Ms. McKinley said that she has spoken with Ms. Wilson who 31 will be assuming the total cost of the installation of the 32 sculpture. She then said that the Commission needs to decide the 33 location. 34 35 Vice Mayor Wiscombe said that he wished that we had a proper 36 place downtown for it. He said that maybe the courtyard of the 37 Shops would be an option where everybody could see it, and he 38 said that he would follow 'up with the Shops' management to see 39 whether that would be feasible. 40 41 Commissioner Birts said that the Vice Mayor's was a 42 wonderful idea because the sculpture should be somewhere downtown 43 where everybody could see it. 44 45 Mayor Feliu also concurred with the Vice Mayor's suggestion 46 to try to have the sculpture installed in the Shops' courtyard. 47 REGULAR CITY COMMISSION 2 0 MINUTES - April 18, 2006 1 Moved by Vice Mayor Wiscombe to amend the resolution by 2 °' striking "Jean Willis Park, "' and inserting: a site to be 3 determined in the immediate future. Seconded by Mayor Feliu, the 4 motion to amend passed by a 5 -0 vote: 5 6 Commissioner Palmer: Yea 7 Commissioner Birts: Yea 8 Commissioner Beckman: Yea 9 Vice Mayor Wiscombe: Yea 10 Mayor Feliu: Yea 11 12 With no further comments or discussion, the motion to 13 approve this item as amended passed by a 5 -0 'vote: 14 15 Commissioner Palmer: Yea 16 Commissioner Birts: Yea 17 Commissioner Beckman: Yea 18 Vice Mayor Wiscombe: Yea 19 Mayor Feliu: Yea 20 21 22 20. A_ RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA_, AUTHORIZING THE CITY 24 MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VENDORS WITH` 25 WHOM EXPENDITURES WILL 'EXCEED THE $5,000 LIMIT FOR THE 26 CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER; 27 CHARGING THE DISBURSEMENTS TO THE CORRESPONDING 28 DEPARTMENT ACCOUNTS AS APPROVED IN THE 2005/2006 ADOPTED 29 BUDGET;, AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 30 (City Manager) 31 32 Moved by Mayor Feliu, seconded by Commissioner Birts, the 33 motion to pull this item from the agenda, with no comments or 34 discussion, passed by a 5 -0 vote: 35 3.6 Commissioner Palmer: Yea 37 Commissioner Birts: Yea 38 Commissioner Beckman: Yea 39 Vice Mayor Wiscombe: Yea 40 Mayor Feliu: Yea 41 42 43 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 44 (NONE) 45 46 47 1 ORDINANCE (S) FIRST READING 2 3 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE A FINANCE AGREEMENT WITH SUNTRUST` 6 BANK, WHICH THE CITY OF SOUTH MIAMI SHALL CO -SIGN FOR THE 7 CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY'S 8 ( SMCRA) PROVIDING A 15 -YEAR LOAN FOR $1,465,000 WHICH 9 FUNDING SHALL FINANCE THE PURCHASE OF FIVE PARCELS WITHIN 10 THE SMCRA MADISON SQUARE ECONOMIC DEVELOPMENT PROJECT; 11 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE 4/5 13 (City Manager) 14 15 Moved by Commissioner Palmer, seconded by Mayor Feliu to 16 approve this item. 17 18 Mr. O'Donniley presented this item. He explained SunTrust is 19 more comfortable with us as the lead at this 'point; they know is 20 a breach loan. We have a budgeted line item for land acquisition 21 adopted by the ' CRA Board, the City Commission, and the County for 22 $240,700.06 un- appropriated fund balance at this point. The CRA 23 Board at its last meeting authorized the transfer of monies from 24 the CRA into the City's account to provide the match for the OCED 25- improvement on Sunset Drive. If we enter into this agreement, 26 these monies will come back to the CRA Board to be transferred 27 into the City's account so that it will be 'CRA money that will 28 guarantee the payments for this fiscal year. In addition, he 29 continued, our TIF revenues for this year grew from last year 30 from approximately $900,000 to $1,241;760. The second level' of 31 protection is that we will have one more year of TIF revenues, 32 and the combination of the two is greater than the total 33 obligation we are entering into, so there is no way that the City 34 cannot meet the obligation. He explained that the bank wants the 35 City there because until the County approves this in final form 3`6 the TIF revenues are not locked in. He said that the key here is 37 that we have legal actions pending against 'these properties; if 38 we 'do not close within thirty days we will lose the opportunity 39 to 'buy ,these properties. 40 41 Mayor Feliu said that the area needs to be improved and that 42 he looks at it as an investment for the City. Also, this project 43 goes back to Hometown Plan II of 1991.' He said that he 44 understands the concern expressed by some residents that there is 45 no plan, no vision, no conceptual drawings; therefore, he said 46 that we need to enlighten the public that there is a vision and 47 there is a plan to revitalize an area that has not had an 48 opportunity to do so. We have an opportunity now to have that 49 project work. REGULAR CITY' COMMISSION 22 MINUTES' April 18, 2006 l_ 2 Mr. O'Donniley said that there are two different drawings. 3 Mr. McCants said that the drawings have been well advertised at 4 the corner of SW 59th and SW 64t' 5 6 Mayor Feliu said that this is just a form of insurance that 7 the CRA will be ?paying for it. 8 9 Vice Mayor'Wiscombe said that what we have' experienced for 10 the past years with the CRA is not having large parcels of land 11 to develop 'a larger project that would be worthwhile. He said 12 that he shares Yvonne' s concern with regards to housing and 13 preserving the neighborhood, but we do have an obligation at this 14 point to support things such as this which will serve the 15 neighbors; not just residents of the CRA, but also people outside 16 of the CRA from our community. He then said to make sure that the 17 Commission is provided with !a final copy of - the`loan agreement 18 from the Bank he said that he would support this on first 19 reading but that he will still want some answers. 20 21 Commissioner Palmer said that she 'keeps running into the 22 same concerns all the time; this has been going on for over a 23 year and that it could have been brought' to the Commission 24 before, but we are people of the last minute. She says that she 25 is always rushed over decisions such as this one. She said that 26 the Commission should be given enough time to go over something 27 of this importance.` The problem that I have from day one, she 28 continued, is getting things at the last minute. She likes to 29 read everything over until she makes sure that she will be able 30 to make the right, decision because her decision will not only 31 impact the CRA but everybody else. She then asked as to when we 32 will expect the bonding money that we applied for. 33 34 Mr. O'Donniley said that we did submit a grant application; 35 we asked for $4 million dollars but we have not heard whether we 36 have been successful. 37 38 Commissioner Beckman moved to extend the meeting until 11 :45 39 p.m. Seconded by Commissioner Birts, the motion to extend the 40 meeting passed by ,a 4 -1 vote: 41 42 Commissioner Palmer: Nay 43 Commissioner Birts: Yea 44 Commissioner Beckman: Yea 45 Vice Mayor Wiscombe Yea 46 Mayor Feliu: Yea 47 48 Mr. O'Donniley said that if this were something that were in 49 the control of the CRA, the Commission, or our attorneys', I would 50 agree with Commissioner' Palmer; but there is a third party who 51 filed a legal action and insisted that the court moves forward. REGULAR CITY COMMISSION 2 3 MINUTES - April 18, 2006 1 We have no control over that; we would have preferred to go to 2 the County and get the County's approval, hercontinued, and then 3 come before the Commission, but given that they filed this action 4 and the court approved it, we do not have much choice. 5 6 Mayor Feliu got clarification from Mr. O'Donniley that there 7 will be no pre- payment penalties on any of the bonds. He then 8 reiterated that this is an asset to the City,' and anytime that we 9 have an asset the City can turn around and sell it and make a 10 profit. This is the effort of the CRA for the course of over a 11 year to acquire this'', property, putting the parties together which 12 may be a unique situation that may not happen again, and it is 13 time to go forward on this. 14 15 Commissioner Beckman said that if we have all this cash in 16 reserves to buy land', why the loan amount is not reduced. 17 18 Mr. O'Donniley said that if we are successful negotiating 19 the rest of the properties, we would not have enough ; to buy the 20 remaining fifty percent if we are going to implement the whole 21 project,, our estimate is that it would be somewhere around $1.2 22 million more in acquisition,' which will bring the total 23 acquisition for the entire site under $3 million dollars. The 24 standard built out formula is -a 3 -1 ratio, so we are looking at 25 about a $12 million dollar project, and if we compare that to 26 most anything around here on that 'size of land, that could be 27 found very financially feasible. Valencia sold for $40 million 28 dollars. 29 30 Commissioner Beckman said that he would like to see in 31 writing that the CRA will repay this loan to the City. 32 33 Mr. O'Donniley then said that the City asked CRA to put 34 $102,000 this year to support general City functions, including 35 the trolley, the traffic management study, the matching of the 36 grant on 5911 Avenue, and the improvements to Sunset. So it is a 37 two -way street, he added. 38 39 Mayor Feliu said that the improvement on any piece of 40 property is going to benefit the taxpayers of South Miami because 41 after a property is developed, the City will continue receiving 42 the revenue. The whole City will benefit 'even when the CRA no 43 longer exists. 44 45 Commissioner Beckman said that he totally disagrees with the 46 development plans for this :property because in his opinion this 47 is not the area to do commercial development. He said that 48 commercial development needs traffic of people from everywhere 49 49 and this site is in the middle of a single - family - residential 50 neighborhood. He said that he believes that townhouses would be 51 more appropriate there, and not combined with mixed used. Maybe a REGULAR CITY COMMISSION 24 MINUTES - -April 18, 2006 l small portion can have 'a neighborhood store. 2 3 With no further comments or discussion, the motion to 4 approve this item passed by a 4 -1 vote: 5 6 Commissioner Palmer: Yea T Commissioner Birts: Yea; 8 Commissioner Beckman: Nay 9 Vice Mayor Wiscombe: Yea 10 Mayor Feliu: Yea 11 12 13 COMMISSION REMARKS 14 15 Commissioner Palmer said that she will` - be looking over this 16 last item before making' her final decision. She thanked everyone 17 for coming tonight and asked that they keep supporting the 18 Commission. 1' 9 20 Mayor Feliu said that he would like to bring back the 21 Parking Committee particularly now that we will be dealing with a 22 parking garage. He then said that we have a great` asset with 23 Channel 77 and that he would like to see Atlantic Broadband to 24 come forward and help us out with our cameras and audio, and step 25 up to the plate so that we can expand on Channel 77 where we can 26 have a soapbox,' something like a town 'hall 'meeting and discuss 27 the issues of interest to the community. He said that 'perhaps 28, they can talk to UM which has a lot of students that can help 29 out; he also wants to speak with the Hospital which may have a 30 meeting room that might be under utilized. With that he wished 31 everybody goodnight 32 33 There being no further business to come before this Body, 34 the meeting adjourned at 11:45 p.m. 35 36 37 Attest Approved 38 39 40 41 42 Maria M. Menendez Horace G. Feliu 43 City Clerk Mayor REGULAR CITY COMMISSION 25 MINUTES - April 18, 2006 lei 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION ; OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 RE- APPOINTING CAROL MARK, TO SERVE ON THE 7 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD 8 FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Mayor and Commission recognize the important contributions 12 made by those who serve on the various city boards and committees, and wish to appoint a 13 full complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint Carol Mark to serve for a 16 two year term on the Environmental Review and Preservation Board. Appointment shall 17 expire May 15, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby re- appoints Carol Mark to the 23 Environmental Review and Preservation Board. 24 25 Section 2. The expiration date of this appointment shall be May 15, 2008 or 26 until a successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006. 31 32 ATTEST: APPROVED: 33 34 35` CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 ` Vice Mayor Wiscombe: 40 Commissioner` Palmer: 41 Commissioner Birts`. 42 Commissioner Beckman: 43 44 READ AND APPROVED AS TO FORM: 45 46 47 CITY ATTORNEY Jan 07 U4 U2: 55p I nomras & Laroi marrc auo- oob- ucc.i. p..� r i d o i gt! �, • mo r � i•f � --- .lifi••.t6�r33IEaigYiY �-� •Y�'��.h� -- z "s" JAN 3 7 2004 ...�.. zoos CITY CLERK'S OFFICE • CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATLOIi/ 6130 Sunset Drive Phone Na 305- 663 - .6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: _ M66-. m. AfrL a A'�mg !Please - print) 2, Home Address: South Miami Resident 3. Business Address: /)14 4. Home Phone No- - Business Phone No. jilt Fax No U1A 5. E -mail Address: _ 6. Education ,Background: /-1 S lilc�2sj.ti� 7. Community Service: view— L'; 'Cull i i� -- S r k V EF S. Are you a registered voter? Yes V/ No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No V 11. Ethnic Origin? White Non- Hispanic I/ African American Hispanic American Other 12. I am interested in serving on the following board(s)lcon►mittee(s)c EN V1Ay,-),'4 "JAL I&i 1 RD First choice Second choice Third choice Fourth choice Signature _ Date 1/7 /4)Y Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 - .,.€;�.i 'YSu. ; ,.;. fi r� . �" ��`. sa?S�^ ��;" �,`, .I?T.��P6P�11'��'IP; {IkMp";u� ,�,1� „sar.�. r ., . �i� P..;;, is �I .. . a.., , �v -. x;'�`�''+�'�".'�n"�' k ,;• a� �+:r ^� , _ _ rip 1 RESOLUTION NO: 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 RE- APPOINTING LUIGI VITALINI, TO SERVE ON THE 7 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD 8 FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Mayor and Commission recognize the important contributions 12 made by those who serve on the various city boards and committees, and wish to appoint a 13 full complement to each of the active boards and committees and 14 15 WHEREAS, The City Commission desires to re- appoint Luigi' Vitalini to serve 16 for a two year term on the Environmental Review and Preservation Board. Appointment 17 shall expire May 15, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 i 22 Section 1. The City Commission hereby re- appoints Luigi . Vitalini to the 23 Environmental Review and Preservation Board. 24 25 Section 2. The expiration date of this appointment shall be May 15, 2008 or 26 until a successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED THIS 16' DAY OF MAY, 2006. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: ' 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42 Commissioner'' Beckman: 43 44 READ AND APPROVED AS TO FORM: 45 46 47 CITY ATTORNEY rjRF Xf47 ';g'h -,.�. ., „" „' .,..*.:�r ".-*'; M�Wwt"'FW ' .r- ovuaa&tvaaxuu a r 1 d a f' J y � t•t � ,�. t : 2091 CITY OF SOUTH MIAMI BOARD/COMMITTEE-APPLICATION 6130 Sunset Drive Phone No. 305 -663 -6340 South Milam4 FL 33143 Fax No. 305 -663 -6348 1. Name: M161 V/71-46/4// (Please print) 2. Home Address: South Miami Resident 3. Business Address: 4. Home Phone Nc. - Business Phone No. Fax No. 5. E-mail Address: 6. Education Background: " Off V or- ly <.4ATt 7. Community Service: S. Are ou a registered voter? y Yes No 9. Are you a resident of the City? Yes V, No 10. Do you have a business in the City? Yes Na 11. Ethnic Origin? White Non - Hispanic r African American Hispanic American Other 12. I am interested in serving on the following boards) /committee(s): First choice Second choice choice — Fourth choice Signature Date.. G - pP i :, THIS APPLICATION WILL REMAIN ON FILE F' OR ONE YEAR Revised s/oa 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH ': MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 RE- APPOINTING DAVID S. TRAUTMAN, TO SERVE ON 7 THE ENVIRONMENTAL REVIEW AND PRESERVATION 8 BOARD FOR A TWO YEAR TERM ENDING MAY 15, 2008; 9 AND PROVIDING AN EFFECTIVE DATE. 10 I I WHEREAS, The Mayor and Commission recognize the important contributions' 12 made by those who serve on the various city boards and committees, and wish to appoint a 13 full' complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint David S. Trautman to 16 serve for a two year term on the Environmental Review and Preservation Board. 17 Appointment shall expire May 15, 2008 or until a successor is duly appointed and 18 qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby re- appoints David S. Trautman to the 24 Environmental Review and Preservation Board. 25 26 Section 2. The expiration date of this appointment shall be May 15, 2008 or 27 until a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 COMMISSION VOTE: 39 Mayor Feliu: 40 Vice Mayor Wiscombe: 41 Commissioner Palmer: 42 Commissioner Birts: 43 Commissioner Beckman: 44 45 READ AND APPROVED AS TO FORM: 46; 47 48 CITY ATTORNEY - w r i. , , . r° r, �, ±a+; ? 2 :'K €' °er; 't�`?u. ? ; ,; ,, '� s ? ,. � ..,. �5 n. m' '" `• a,;[�`� '^." I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, . 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 RE APPOINTING GIORGIO BALLI, TO SERVE ON THE 7 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD 8 FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Mayor and Commission recognize the important contributions 12 made by those who serve on the various city boards and committees, and wish to appoint a 13 full complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint Giorgio Balli to serve for 16 a two year term on the Environmental Review and Preservation Board. Appointment shall 17 expire May 15, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby re- appoints Giorgio Balli to the 23 Environmental Review and Preservation Board. 24 25 Section 2. The expiration date of this appointment shall be May 15, 2008 or 26 until a successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED' AND ADOPTED THIS 16TH DAY OF MAY, 2006. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: ,. 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner:Birts: 42 Commissioner Beckman: 43 44 READ AND APPROVED AS TO FORM: 45 46 47 CITY ATTORNEY ,.. ^•t N a geo ! �iE 2003 CITY OF SOUTH l4MAMI BOARD/COMMITTEEAPPLICATION Phone No.. 305- 663 -6340 6130 Sunset Drive Fax No. 305 -663 -6348 South Harm, FL 33143 C— iCP —C-/ J i-�-i 1 ` 1, Name: (Please print) 2. Home Address: _ 3. Business Address: _ 4. Home Phone No. Business Phone No.' Fax No. 5. E -mail Address: 10- 6. Education Background: %ire ,-1 i Are-7 7. Community Service4P2�'�t.►T 8. Are you a registered voter? Yes ✓ No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non- Hispanic African American— Hispanic American! Other 12. I am interested in serving on the following board(s) /committee(s): First choice - Second choice Third choice Fourth choice Date 117 1a Signature Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised sro2 i I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 RE- APPOINTING PETER T. JUDE, TO SERVE ON THE 7 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD 8 FOR A TWO YEAR TERM ENDING MAY 15, 2008; AND 9 PROVIDING AN EFFECTIVE DATE. 10 1 l WHEREAS, The Mayor and Commission recognize the important contributions 12 made by those who serve on the various city boards and committees, and wish to appoint a 13 full complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint Peter T. Jude to serve for 16 a two year term on the Environmental Review and Preservation Board. Appointment shall 17 expire May 15, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby re- appoints Peter T. Jude to the 23 Environmental Review and Preservation Board. 24 25 Section 2. The expiration date of this appointment shall be May 15, 2008 or 26 until a successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts 42 Commissioner Beckman 43 44 READ AND APPROVED AS TO FORM: 45 46 47 CITY ATTORNEY I DEC. 24.2003 3: Ut>FM f ,V. uY pR wrt a a t it'll I; C17Y OF SOUTH MjAMI BOARDICOMMITTEE APPLICATION Drive Phone No. 305 -663 -6340 6130 sunset Da South Ulami,`FL 33143 Fax Nn. 305- 863 -6348 i. Name. - - - a, Ylome Address: South Miami Resident 3. Business Address: 4. Home Phone Noy lsttsiness Phone No. - 5,_ E -mail Address: A. 6. Education Bacj ound: '' // 7, Commun'ty Se leicee. S AA S. :Are von a re s,tered voter? Yes No YO you a resident of the CCity? Yes ^ No 9. Are y 10. Do yoq have a business, in the City? Yes No t. Ethnic Origin? White Non- ilis}sanSc_t_ AMeanAmerican,_ IiispanicAmerican_ Other ta. I tan interested in serving on the ♦following board s mmfttee(s): 9i9n8tV Date �- Applicant THIS APPLICATION WILL REMAIN ON FME FOR ONE YEAR Revl6ed 8/0i .:,ate_, -.+, ,;t .,� '�,.t .,.z. "�.r,3°".;<".'�?,�.a-', ..ra�.Fs??FF;;�- ;�„t", "�""4", `lk"�u'i`. �'�a;�r.;",.•�'�;`; ,rr.. .:c,s„�"3i""' r 3�`f�l��7 t"�n {�i''I�'Ffi+'n�P��.`�. '.: _i I� 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 APPOINTING MICHAEL BEDELL, TO SERVE ON THE 7 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD 8 FOR A TWO YEAR TERM ENDING MAY ,159 2008; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Mayor and Commission recognize the important contributions 12 made by those who serve on the various city boards and committees, and wish to appoint a 13 full complement to each of the active boards and committees and 14 15 WHEREAS, The City Commission desires to appoint Michael Bedell to serve for 16 a two year term on the Environmental Review and Preservation Board. Appointment shall 17 expire May 15, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby appoints Michael Bedell to the 23 Environmental Review and Preservation Board.' 24 25 Section 2. The expiration date of this appointment shall be May 15, 2008 or 26 until a successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval 29 30 PASSED AND ADOPTED THIS 16' DAY OF MAY, 2006. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42 Commissioner' Beckman: 43 44 READ AND APPROVED AS TO FORM: 45 46 47 CITY ATTORNEY South Miami i:'�`. Florida IV v, JUNUM0=4111f i §g {7 4f E -2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL , 33143 Fax No. 305 -663 -6348 1. Name Michael W. Bedell 2. Home Address:. _ 3. Business Address= 4. Home Phone No. Business Phone Nc Fax No. - 5. E -mail Address: 6. Education Background: Associate of Arts — Indian River Community College, Ft. Pierce, Fl, 1976 Bachelor of Landscape Architecture'— University of Florida, Gainesville, FL 1979 7. Community Service: Poll Worker, Miami -Dade County (Poll Deputy) Aphaeresis Blood Donor 8. Are you a registered voter? Yes X No 9. Are you a resident of the City? Yes No X 10. Do you have a business in the City? Yes No X 11. Ethnic Origin? White Non- Hispanic X African American Hispanic American Other 12. I am interested in serving on the following ;board(s) /committee(s): ERPB First choice Second choice Third choice Fourth choice Signature Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 RESUME MICHAEL W BEDELL EDUCATION B Bachelor of Landscape Architecture University of Florida, Gainesville - March 1979 Associate of Arts Degree Indian River Community College, Ft. Pierce, Florida -1976 PROFESSIONAL R Registered Landscape Architect - Florida 1980, #LA 0000675 REGISTRATION SUMMARY OF L Landscape Architecture, Project Management, Construction Management, SKILLS C Computer Aided Design and Drafting with AutoCad and Microstation, operation of most office- related computer software including 'Microsoft Outlook, Microsoft Word and Excel. WORK EXPERIENCE Present — M Miami -Dade Aviation Department, Miami International Airport, Miami, April 1992 F Florida Technical Support Division Position: Construction Manager 2 — February 2006 to present Responsibilities involve the planning and installation of various signage projects at MIA. Tasks include coordination with various contractors, architects, engineers, signage design and manufacturing consultants and other Public agency staff. Technical skills utilized'I in the execution of the signage work include Autocad, digital photography and Geographic Information System i GIS `are Y _ ) .softw Facilities Maintenance Division Position: Landscape Architect 2 — April 1992 to February 2006 In February 2005 until February 2006, Construction Management responsibilities included the building restoration an'd Building Department 40- year recertification projects. Tasks inuoluedi procurement of, and negotiations with, contractors, construction inspection services and A/E consultants, as well as, managing projects'Lutiliting the on -line, Miami Dade County,` Capital Improvements Information System (CIIS). April 1992 until February 2005, Project and' Construction Management P p j aq l West Cargo Landscape res onsibilities included various ro ects such °'-v,., -Ya,,, .,: , ,, °, ;: .,. ., . RESUME MICHAEL W. BEDELL and Irrigation (Phases 1 & 2), Cargo Clearance Center Parking Lot Landscape and Irrigation, East -side Contractor Parking Lot, Central Boulevard Re- Landscaping and Irrigation and the Central Toll Collection Plaza, Other responsibilities included the development and production of plans and specifications for various landscape construction and maintenance contracts. April 1992 - Self.- Employed Landscape Architectural Consultant - Services included: Oct. 1990 CADD Operator -H. Carton Decker Associates, Miami, Florida Responsibilities: Landscape design consultation and computer drafting (Intergraph /Microstation) of architectural and landscape plans. Landscape Inspector - City of Plantation, Broward County, Florida Responsibilities: Permit compliance inspections; general landscape architectural services and public assistance. Oct. 1990 - H. J. Ross Associates (Inc.), Miami, Florida Sept. 1983 Position: Head Landscape Architect and Project Manager Project Management: Responsibilities included work on . numerous commercial and municipal projects. Work often involved the coordination numerous Architects, Civil Engineers, Surveyors, and Structural, Electrical and Mechanical Engineers. Landscape Architecture: Provision of complete services including tree surveys, project management, site planning, planting and irrigation design, specification writing, project document preparation and construction services for a'full A/E firm. Projects consisted of shopping centers and malls, office buildings, county and municipal facilities, military facilities, industrial facilities, 'highway planting, wetlands mitigation planting and interior planting. Mar. 1979 - Harry Weese & Associates, Ltd., Miami, Florida Sept. 1983 Positions: Landscape Architect 1 & II Responsibilities: Provision of complete landscape architectural services including landscape and hardscape design; specification writing; site plan rendering; photography; contract tree growing supervision; construction services and consultation to Metropolitan Dade County, Florida for Phase I of Metrorail. PROFESSIONAL Member, American Society of Landscape Architects AFFILIATIONS I RESOLUTION NO. 2 3 A'RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 5 APPOINTING CATHY MCCANN TO SERVE ON THE BUDGET AND FINANCE 6 COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND 7 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS', the Mayor and Commission recognize the important 10 contributions made by those who serve on the various city boards and 11 committees, and wish to appoint a full complement to each of the 12 active boards and committees; and 13 14 WHEREAS, the City Commission desires to appoint Cathy McCann to 15 serve on the Budget and Finance 'Committee. Appointment shall expire 16' September 30, 2006 or until a successor is duly appointed and 17 qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 20 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby appoints Cathy McCann to 23 the Budget and Finance Committee. 24 25 Section 2. The expiration date of this appointment shall be 26 September 30, 2006, or until a successor is duly appointed and 27 qualified.' 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts: 45 Commissioner Beckman: 46 47 48 READ AND APPROVED AS TO FORM: 49 50 51 52 CITY ATTORNEY rh Sough Miami � s 0 - t= z i i n r I d a _ r c s 4AR s i 20P3, E- � E 2801 CITY OF SOUTH MIAMI BOARDICOMMITTEEAPPLICATIOM 6130 Sunset Drive Phone No. 345 -663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: C Gl . Al N !Please nrintl 2. Home Address: South-Miami-Resident 3. Business Address: 4. Home Phone No. Business Phone No. Fax No. 5. E -mail Address: 6. Education Background: �1 N 7. Community Servic ! D� GQ U y �J dQ i phi U'�• �� f nom' _8. Are you a registered voter? Yes t/ No 9. Are you a resident of the City? Yes ' t-' No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non - Hispanic 'African American _ Hispanic American Other 12.- I am interested in serving on the following board(s) /committee(s): r TT� �a`c Signature/ , i q g .�...,. 'Date App cant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 - y,,"°'�.",�„0'is,- +'�,'S„ ,.#: .ai,=•x F s . AV'•'5,3+f^�.�5?!_,... Y' Va I��li'�ErfW'4E��'����I "h:-.. • .. ...'t.�n':' r'??* •,4"",:7,�,ir. ,k3 ,:�} �.+, ,^fi v'Y".iWi w+ ,-- ""3;'r f 2' _,... ;^ri;..., . ,"Si e. ?' S,. r,#'rx.. 1 RESOLUTION NO: 2 3 A RESOLUTION OF' THE `MAYOR & CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 5 APPOINTING LORIE YANOSHIK TO SERVE ON THE BUDGET AND 6 FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and Commission recognize the important 10 contributions made by those who serve on the various city boards and 11 committees, and wish to appoint a full complement to each of the 12 active boards and committees; and 13 14 WHEREAS, the City Commission desires to appoint Lorie Yanoshik to 15 serve on the Budget and Finance Committee. Appointment shall expire 16 September 30, 2006 or until a successor is duly appointed and 17 qualified, 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE 'MAYOR AND CITY COMMISSION 20 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby appoints Lorie Yanoshik to 23 the Budget and Finance Committee. 24 25 Section 2. The expiration date of this appointment shall be 26 September 30, 2006, or -until a successor is duly - appointed' and 27 qualified.' 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS -16 TH DAY OF MAY 2006. 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts: 45 Commissioner Beckman: 46 47 48 READ AND APPROVED AS TO FORM: 49 50 51 52 CITY ATTORNEY "^v`"�, r ,-.:., -, ts, �?;�*...._.v �, -, .. .,> .:,.. ., ,,.,• �"'`��, ��''3" ;:a •�, „. �. �;'�"�'+z,., e : a;: ��. t.. �. �iT�„ �. �,” �' <"���„3�s°,3��..<,^- ^�,Y`�t", k'�^�;��.,w:9w.�,. � �. ECEIV'E IF 1arld S MAR 3 12006 CITY CLERK'S OFFICE CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305-663-6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: Lorie Yanoshik (Please urintl 2. Home Address: South Miami Resident 3. Business Address: 9250 West Flagler Street, Miami, FL 33174 4. Home Phone No. Business Phone No Fax No. 5. E -mail Address: lorie_yanoshik @fpl.com 6. Education Background: Penn State University, College of Science, University Park, PA University of Michigan, Ross Graduate School of Business, Ann Arbor, MI 7. Community Service: Membership fellow & volunteer - Fairchild Tropical Garden Volunteer - American Cancer Society South Miami Homeowner's Assocaton 8. Are you a registered voter? Yes X No 9. Are you a resident of the City? Yes X _ No 10. Do you have a business in the City? Yes No X 11. Ethnic Origin? White Non-Hispanic–X— African American Hispanic American Other 12. I am interested in serving on the following board(s)/committee(s): _City Manager Selection Committee Signature �� ­•­k° Date _March 17, 2006 MIV ZIX16.01.181 k3 .Xp•plicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 ' .n.,,"..�9x?"t .x"r�...?`��s"?'€€ _?;, `i?�„�,r✓r i'P�°<"�..,�''+„.'� i.: TM�r�w-- aT^`yrc�, ,,,�^^�^��- C�m,':a�, 7trn`:,a'} n,'�a+,, , ,- �.."�'.. �t�r,••,:�r�,r�.'rP"v�;t �_t .,�:.:..s., . /09216 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 5 APPOINTING TONI H. ALAM TO SERVE ON THE BUDGET AND FINANCE 6 COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND 7 PROVIDING AN EFFECTIVE DATE. g 9 WHEREAS, the < Mayor and Commission recognize the important 10 contributions made by those who serve on the various city boards and 11 committees, and wish to 'appoint a full complement to each of the 12 active boards and committees; and 13 14 WHEREAS, the City Commission- desires to appoint Toni H. Alam to 15 serve on the Budget and Finance Committee. Appointment "shall expire 16 September 30, 2006 or until' a` successor is duly appointed and 17. qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 20 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby' appoints Toni H. Alam to 23 the Budget and Finance Committee. 24 25 Section 2. The = expiration date of this appointment shall be 26 September 30, 2006,° or until a successor is duly appointed and 27 qualified. 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006. 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts: 45 Commissioner Beckman: 46 47 48 READ AND APPROVED AS TO FORM:' 49' 50 51 52 CITY ATTORNEY r WNW CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: TONI H. ALAM 2. Home Address: 3. Business Address: 4. Home Phone No Business Phone No Fax No. 5. E -mail Address: — 6. Education/Degree Earned: Bachelor of accounting /Certified Public Accountant, ]Florida Pertinent Experience: KPMG Peat Marwick. Audit Department - 3 -years Self employed /Accounting,.Tax Consulting, Not For Profit Work -18 years Field Expertise: Real Estate, management and ownership Florida Institute of Certified Public Accountant American Institute Of Certified Public Accountant` 7. Community Service: Our Lady of Lebanon, Catholic Church, in Miami - Board Member - Current The Rene Moawad Foundation (Not for Profit Org.); Washington 'DC, Board Member - Current 8. Are you a registered voter? Yes X No 9. Are you a resident of the City? Yes No X 10. Do you have a business in the City? Yes X No 11. Ethnic Origin? White Non-Hispanic X African American Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s):'; Budget / Finance Or where I can be of help to the City, and Community First choice Second choice Signature: Date: 4/27/2006 Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 L i 1 RESOLUTION NO, 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 5 APPOINTING BRIAN D BEASLEY TO SERVE ON THE BUDGET AND 6 FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2006; AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and Commission recognize the important 10 contributions made by those who serve on the various city boards and 11 committees, and wish to appoint a full `complement to each of the 12 active boards and committees; and 13 14 WHEREAS, the City Commission 'desires to appoint Brian D. ` Beasley 15 to serve on the Budget and Finance Committee. Appointment shall expire 16 September 30, 2006 or until a' successor is duly appointed and 17 qualified!. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 20 OF THE 'CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby appoints Brian D. Beasley 23 to the Budget and Finance Committee. 24 25 Section 2. The expiration date of this appointment shall be 26 September 30, 2006, or until a successor is duly appointed and 27 qualified. 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006. 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts 45 Commissioner Beckman: 46 47 48 READ AND APPROVED AS TO FORM: 49 50 51 52 CITY ATTORNEY 90hotih Mi.RMI r i a r :L d a CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATIOM 6130 Sunset Drive Phone No. 305 -663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: 1t r!.+n 1) L_�e_ eS �• (Please print South Miami Resident 2. Home Address: 3. Business Address: 4. Home Phone No. Business Phone No. Fax No. 5. E -mail Address: 6. Education Background: t f71U!'� tai Cz ` ! „ 7. Community Service: T L ' o 6:a a to a L. s• mi t 8. Are you a registered voter? Yes ✓ No 9. Are you a resident of the City? Yes No 10. Do have business in the ' Yes you a City? No 11. Ethnic Origin? White Non-Hispanic _ African American Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): Signature _ Date t- Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 SO U r South Miami �* � AA- Amedc�City 19z� CITY OF SOUTH MIAMI N�oRPOVo OFFICE OF THE CITY MANAGER � o ata INTER - OFFICE MEMORANDUM zoos i To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager i From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: May 16, 2006 Agenda Item No.: i Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) r FOR ENGINEERING SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN PHASE SERVICES FOR SUNSET DRIVE 'h IMPROVEMENTS (WESTERN CITY LIMITS TO US -1) IN AN AMOUNT OF $71,215.00 TO BE CHARGED TO ACCOUNT NUMBER 01- 2100 -519- 3171; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to approve professional service work order for Sunset Drive Improvements' preliminary design Reason/Need: As one of the City's professional general engineering consultants, C3TS will provide` survey and testing services and preliminary design services for infrastructure improvements along Sunset Drive from western limits of City to US -l. P Cost: $71,215.00 Funding Source: - Account No. 001 - 2100 -519 -3171 t Backup, Documentation: Q Proposed Resolution ? ❑ C3TS' Work Order for Professional Services Gl C3TS' Professional General Engineering Service Agreement Q Project Location Map s ;iR , ,:_�r,,�?;�.,.,. .,..' �x , kt,ora��,*�� `.,, .. Fr,. �,;'�':i'...:.,'- `''F' -'�s �"ra"�"'t-r-�,�%c ,r,'':.s�?c, w-7, ,_. er��;:?'^E:t�.s.�., k, �i-, . , -;•,. 1 RESOLUTION NO _ 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA 7 CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING 8 SURVEYING, GEOTECHNICAL `: TESTING AND ` PRELIMINARY DESIGN 9 PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS (WESTERN CITY 10 LIMITS TO US -1) IN AN AMOUNT OF $71,215..00 TO BE CHARGED TO 11 ACCOUNT NUMBER 001 - 2100 - 519 -3171; PROVIDING AN EFFECTIVE DATE 12 13 WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements 14 along Sunset Drive from SW 62"d Avenue to US -1, while landscaping, entrance feature and improved 15 sidewalk will be designed for the area from SW 62"d Avenue to the western City limit; and 16 17 WHEREAS, the professional service will be funded through Non- Departmental General Expense 18 account number 001 -2100 -519 -3171 with an account balance of $75,000.00 before this request. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI, 'FLORIDA THAT; 22 23 24' Section l: The City Commission authorizes the City Manager to execute a professional service 25 work order with C3TS in an amount of $71,215.00. 26 27 Section 2: The professional service will be funded through Non - Departmental General Expense 28 account number 001.- 2100 -519 -3171. 29 30 Section 3: The professional service work order shall be made part of this resolution. 31 32 PASSED AND ADOPTED this day of , 2006. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 40 41 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 42 Mayor Feliu: 43 Vice Mayor Wiscombe: 44 Commissioner Palmer: 45 CITY ATTORNEY Commissioner Birts: 46 Commissioner Beckman. WORK ORDER FOR PROFESSIONAL SERVICES • • '' • TO: City of South Miami Date: 04/26/06 Public Works Department File: 1929 -00 Engineers Architects 4795 SW 751h Avenue - Planners South Miami, Florida 33155 ATTENTION: W. Ajibola Balogun, REM - Public Works Director PROJECT NAME: Sunset Drive Improvements (Western City Limits to US -1) Conceptual Design City of South Miami, Florida SCOPE OF PROJECT: EB0005022 Streetscape /Landscape /Infrastructure improvements along Sunset Drive from wester city limits to US -1, substantially in accordance with the Hometown Plan Area 2. Proposed AAC002142 improvements from western city limits to SW 62nd Avenue include landscaping,' irrigation, sidewalks and a city entrance feature. The proposed improvements from SW 62 "d Avenue to US-1 include sidewalks, curbing, drainage, median construction, landscaping, irrigation, paving, street' furniture, lighting, signage, pavement marking and signing. This roadway is currently an;FDOT roadway, and as such, any improvements would need to meet current state standards. The City of South Miami is in the process of initiating the transfer of jurisdiction of this roadway segment from FDOT to the City of South Miami. Per your instructions, the design of the improvements will be performed assuming that the transfer will be successfully completed,` and therefore the project need not meet state standards. If the jurisdictional transfer is not completed, then the construction plans may not meet state standards 'making the plans unpermittable. SCOPE OF SERVICES: Engrineeriny Survey: See scope of services on attached proposal from Ford Armenteros Manucy. These services will only be needed for the SW 62 "d Avenue to US -1 segment. Geotechnical Testing See scope of services on attached�roposal from Wingerter Laboratories. These services will only be nee! eeded for the SW 62 n Avenue to US -1 segment. Preliminary Design Phase Conceptual design of the proposed improvements, including plan view, street sections and streetscape and landscape details. Preparation of presentation boards of the design elements detailed above, and presentation at up to four workshops, an initial workshop with the public, then to the ERPB, Planning Board and City Commission. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer City of South Miami Sunset Drive Improvements (from western city limits to US -1) April 26, 2006 Page 2 TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services for Downtown Infrastructure Improvements. Our fees for the above services shall be as per the following lump sum fee schedule: Engineering Survey..... ........... ............................... $10,400 Geotechnical Testing ............... ..............:.............. ......... $1,775 Preliminary Design Phase .................................................... $59,000 Total , $71,215 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. , Corzo Castella Carballo Thompson Salman P.A. Ramon Castella, P.E. Vice- President RC /er City of South Miami Approved by Date: L:%Projects11929- 00 \W.0- Proposals lW.O.SunsetDrlmprovO42606.doc p i 1' Corzo Castella Carballo Thompson Salman, P.A. Fee Worksheet - Page 1 FEE WORKSHEET DATE: April 26, 2006 PROJECT: Sunset Drive Improvements (from western city limits to US-1) City of South Miami Engineering Route Surveys Survey Sub - Consultant $8,250 + $50 expenses $8,300 Total $10,400 Geotechnical Investigation: .: ,, :IR :. ,> , W. ; >=1 S °r.jTeotti Tech, Ci r�eai Survey Coordination &'Verification 2 ` 8 10 4 2 Billing Rate 135 95 75 60 55 40 Labor Cost $270 $760 -$750 $240 $0 $80 Labor Sub - Total $2,100 Survey Sub - Consultant $8,250 + $50 expenses $8,300 Total $10,400 Geotechnical Investigation: Geotechnical Sub - Consultant $1,050 + $50 expenses $1,100 Total $1,775 Preliminary Design Phase: .: ,, :IR :. ,> , W. ; >=1 S °r.jTeotti Tech, Ci r�eai Geotechnical Coordination & Verification 1 2 2 2 2 Billing Rate 135 95 75 60 55' 40 Labor Cost 135 '' 190 150 120 0' 80 Labor Sub -Total $675 Geotechnical Sub - Consultant $1,050 + $50 expenses $1,100 Total $1,775 Preliminary Design Phase: Landscaping /Irrigation Sub - Consultant $10,150 + $50 expenses $10,200 Materials Costs (Boards, mounting, etc.) $1,750 Total $59,000 LAClerical11929- 00M.O. Proposals% FeeWorksheetSunsetDrimprov O42606.xis riur7 x .� .- .. >=0 W10 Field Review & Coordination 6 1`4 10 Develop Typical Sections' 6 10 24 8 Develop Horizontal Layout & Geometry 6 16 48 Develop, $treetsca a Components 6 24 24 16 24 Cost Estimate 41 12 16 6 Presentation Boards 10 16 56 90 72 Workshops 12 6 12 ERPB Presentation 8 4 8 4 Planning Board Presentation 8 ' City Commission Presentation 8 Preliminary Design Sub -Total Hours 74 - 102 198 114 96 " 10 Billing Rate 135 95 75 60 55 40 Labor Cost $9,990 $9,690 $14,850 $6,840 $5,280 '$400 Labor Sub -Total $47,050 Landscaping /Irrigation Sub - Consultant $10,150 + $50 expenses $10,200 Materials Costs (Boards, mounting, etc.) $1,750 Total $59,000 LAClerical11929- 00M.O. Proposals% FeeWorksheetSunsetDrimprov O42606.xis riur7 x .� .- .. 01/10,/2006 14:57 PAX W003/006 At MUMNT FOR PROFRSSIONAL 9MVEYIrM(; SERVICM Between FORD. ARMMNTEROS & M,ANUCX; INC. And CsTS Projeaft, SUNSET DRIVE SW 62 AVE & US IL Based on our unde mbm toprov deyouW& the fibwt,mg sove afawvioea TASK 91 ROAM SDR'VR'y (RmUOB wAY1M sunset Drive, from S. W. 62 Avenue going Bast to US 1. UndwftS FAiv dMjxcf eo�eal� eSuat Ynmo g�ef 0 '°nn a°° nw�rt °publicng - Y • F* orpW=mt dabs& mftkewaA �andod�easmof�y ,oabpacan3s�ksaft�. • Ut;"�u' vve�ar velvet , t Y eev►�z vdxmew' bmves, pomW poles.' WOM �Cborme sins o�vadat�o�x�dutitities. • ` Fenoofines, �AP�eoda�sl�ni°ateu' • Anido*d=dHrAML • pylincs /latliaes. • Ri�tt- a1� +e�ycpr�6a�aessoo�delcva�iaa4. • paFpamoe�m£drn. • Pammotabsod mp®ni Wmtavdaces. • .. Sway?5 fesa bofti&ofway ALvo vHe stetogosdde d�evaiions as • M25 feet an CWJW, Of Mtdbr, � of fat °f � Of owale' neck of a dewatlS rigb�of�w$yliaaaadZS Boctovds�deoft-waY . li typapemmswvim lo iokts,orbmdwalis. • "*Plot mamrn'�S[ONAtiF � lr� ...... ......... *.. ................ W SS .G M �� _ nma %e wavAat above work; do=hAlm Am wP%A of anrver aee ]aet paE'a 2 C1iar�'8I„lttats..r. Qr11?aamtentlF4RD C0W"MWM O3d$Mwv&*j jtop !L CR NWVB,ZYD. Q251.10.06.400 ...� R� i s 01/11> /2006 14:57 PAZ 1004 /005 It is our po]W to one wack in the most effident and axe re m mnea. p9ease rest assured that we wa d vAs a= beet a an the c]ieni:s bob& We as Mpan d to Mceed with the work de.�ed above. We reatuest that yon adzW WWM ae Vtmme ci the pooposal by mgmg the Dopy of this to r and reft=ing it to ua at y= earliest passible =vorAe e• We qWm=js the qVwwnvLy to muibmit poor proposal and Soak forward to wa *mg wA you any this P TWAMMWFOIR PW=W ONAi.15t VICE AND AM-C2= 10NI7MON8 ARE H YAcKNOW .ANDAOC r,ORD, ARMENl' W & MANIUCY, INQ' CST win �. Fernandez Authorized Rep resentative Survey Department Dmctox For the Firm Print Name Date: / O D Date: Gtas'a lffxi *s 0..W ors otWORAGOA tPatN=PMPAWb4S'urr+aying PROPO= OUNDONBLYD. C52S7.10.0aAm Jan 11 2006 2 1OPM WIWGERTER,LRHS 3059443401 P.1 UIIING�R'ifR W'I NGERTER LABORATORIES, INC. ftAaeering Tesdng & hupectinn Savim 1820 N E. He Strut, North Miami, FL 33181 Telephaft No.: 1 944 -3401 Fax No (30M 9494169$ 1949 - 2004 PRICE QUOTATION' To: CM=, Cu*Ua, Cwballo, Thompsoan, Salman, P.A. Date:_ January 10, 2006 Attn: Mr. Carlos Hordocia Phones (305) 445-2900 901 Ponce De Leon, Blvd, Suite 900 Fax: (305) 775 -6277 Coral Gables, 1% 33134 Proext: Percolation Test Sunset Dr. between SW 62 Ave. & USl lltiami, FI. PROPOSED SERVICES: I- Performs Three (3) Standard Percolation Test with Standard Track Mounted Drill Rig on a clear and accessible site to a depth of 15 feet at °$300.00/Bach. $900.00 3 Pwhxm Boring Layout & Conduct Underground Utility Clearances through SUNSHINE by Staff Engiiaeer IMM sum = $150.00 ESTBUTED TOTAL $19030.00 PAYMENT TERMS: Net 30 Days, Invoiced upon completion of work NOTES: CNA&Ctog tie abM w testa 1xVw es s beary tr&* xieomwd dr0 rig tote the prapwV, m d rotas h to &e AM w7AfflwftzAbwwt0dff4 Lac WN X" assn reaponA ftfor &map so u wfirp "wfin a, sip* raxbs or other ruris:grotr" alrriannes wJitdk mrty akJhvM es err arobill ba of tike track roe d eea xae�t, rJ%rae ed to xs prior to as to �e attG FAX00 Prepared By: Yis P �Gedt eehnicst E I hereby author ze WIN( DRIES,: INC. to proceed with above r er-enc ed scope of work and awe to pay For these savias as per the teams described above. Aecepftd 'Daft: Name: Title• n , 04/26/2006 02:32 3052358380 ROSENBERG DESIGN GP' PAGE 02 ROSEN BERG LAND MAN"riNG GARDNER ,,RC,- �mVcruai: DESIGN 4 , soCi>r OF tANDSCAPEARCHMTS January 11, 2006 PAvised: April 26 2006 Mr. Ramon Castells t C3TS 901 Ponce de Leon Blvd. Site 900 Coral Gables, FL 33134 Dear Carta: We appreciate belrg Im►itad to participate In the design of your project located on Sunset Drive from the Western Cky limit to US In South Miami, FL L IQM OF SEMAt`�S Rosenberg Gardner Design (RGD) shall provide the follovArg landscape architectural services for your project. The Scope of Work Is Planting and Irrigation design for medians and sklew�alks from SW 62' Avenue to US 1 and only median plarreing desin between the Western City 'limit and SW 62n° Avenue. t) Coordinate with; and Engineers to determine planting. opportunities in the sidewalk and median' A reas along the corridor. 2) Prepare a Conceptual Lsndscape Development plan showing general plant w ing and proposed plant specks. This purr will be acaompanied by a cost estimate. 3) prepaM a; Planting Plan suffkkw& for permitting by MOT and the City of South Miami. Due to the amount of detail necessary for mviaw this plan will also be sufficient in detail for bidding and Installation by qualified contractors. 4) Prepare an lerhWion Plan ud kW* in detail for bidding and installation by qualhied contractors. 5) Attend 4 to three (3) rrwwtIrW with City staff, Commission or FDOT. Attendance at additional rneatings will be billed hourly recorded portal to portal.` 6) RGD wilt prepare plans on a base site plan provided by C3TS. Any char4es to RGD'a fired to:: 1 d= plan. shall be billed hourly,- Any dwg a to RGD's plans required as a result of comments aonoerning our design by review Boards or government staff, shall be made at no additional cost. Sulaset Urine fim SW 620a Avenue w uS Page Miami Dade. 3190 NW 167 St. Suite 1l1 b4jaml jVL 33014 Pbom: 303 -620 -77$l Fax: 303 -620 -7787 rSde ignr beff$outJL1W Bmward: 426 Stoneexont Odvt WOMB, FL 33326 : 954 -349 -3793 Fax: 954- 349 -3796 kc=m@beI1wwh.rret '; -;y°`y 04/26/2006 02:32 3052358380 ROSENBERG DESIGN GP PAGE 03 ROSENBERG LAND P1 ANNING i ME MCrinWrUKG GARDNER DESIGN �� MEMBER AMERKAN SOCIETY OF LANOSCAPE AAcwECTs 7) Overseeing will include up to four (4) periodic visits to the site to determine if the work is proceeding genasly in accordance with" the Contract Documents. RGD shall not be required to make exhaustive or Continuous on -site Inspectiorn to check the quality or quantity of the work and shalt not, be responsible for construction moans, methods, techniques, :oquences or procedurm, or safety precautions and programs in connection with the work, and shall not be responsible for any Contractor's failure to cmy out the work in accordance with the Contract Documents. Attenda" at additional site visits shall be billed hourly recorded portal to portal. 11 S�dNTS ItESPdNS1dfUTIES The Client shall P VVWG any required $its survewys, as -built drawings, soil tests, as ,well as ar+chitacturai and engineering services as required. tlh 1') The fee shall be $ 20,250 pay" as follows; $10,150 upon submi: bn of a Conceptual Plan to the Client (item 1 -2) $ 6,300 upon submission of a Planting Plan to the Client (Item 1 -3) $ ;300 upon submission of an irrigation Plan to the alert (item 1-4) 2) Chtw"eing shall be billed on an hourly basis, at the current hourly rates for RGD personnel. Time shall be recorded portal to portal. Hourly rates are as follows: $125/hr'for Principal $85/hr for Landscape Ammect $65/hr for Dee grrer $45/hr for Staff 3) Reimburseble des shall be billed at actual cost for plan:- reproduction courier fees and harxlting, � ,photographs, postage for g- distance calls and any out -of -town traveling expenses connected with the project. Prints crenated In- house by RGD will be charged at $2.00 each for D size sheets (24 "x36 ") and $ 2.50 each for E size sheets (30"`x42'). 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUOMI CLIENT. SSiON OF INVOICE TO 5) A Late payment Charge of 1.5% per month will be added to all invoices peat due. b) if it becomes necessary incur collection fees and/or employ the services of an attorney to collect debt, then such OW Shall be paid by the client. SunW Drive from SW 62"' Avowe to USl 2 Miami Dade; 5190 NW 167 St. Suite 111 Miami, FL 33014 PWne: 305 -620 -7781 Fax: 305 -620 -7787 rSdedSu@bel19outkAU Brownd: 426 Stonemont Drive Win, FL 33326 Phone: 954- 349 -3795 Fax: 954- 349 -3796 4maw@bellsoi11h.n0 04/26/2006 02:32 3052358380 ROSENBERG DESIGN GP PAGE 04 ROSENBERG LAND PLANNING LANDSCAPE ARCHRECTURE GARDNER DESIGN 4' ARICANSOCIETY of LANDSCAPEARCHFTECTS IV. AD URVICIES I) Any revisions to our drawings, specifications or other documents required as a result of changes to base plans or other information or instructions provided to RGD from the Client or his Architect or Engineer, shall be billed on an hourly basis at our current hourly rates. Any additional services requested by the Client shall also be billed on an hourly'buis. 2) When RGD is contracted to prepares plans for the layout and design of roof top hardscape amenities, plantings and irrigation, the Client shalt provide the servivas of a structural engineer. RGD shall rely upon the advice of the engineer 'for information as to the roof structure's weight bearing capacity, roof drainage. waterproofing systems, etc. RGD shall not be responsible for the preparation of structural, mechanical or electrical constn ictlon plans for the roof top areas. RGD is not responsible for any construction operations during installation of elements designed by 'RGD that da uV the "structure, waterproofing or clog drains. V. TERMOWMQU 'n* agreement may be terminated by either party upon seven (7 days written notice, in the 'event of termination. RGD shall be paid its compensation' for service performed to the termination date including reimbursable expenses then due_ The client may not, at any time, use or allow the use of any work which is either incomplete in any respect, or is not fuly paid for, won if complete. The persons executing this agreement warrant and represent that they are authorized to enter into this Agreement on behalf of the person or amity for whom they are signing. We look forward to being of servka to you. This agreement Is eu+rcuted this � day of ,` 2006. ROSENBERG GARDNER DESIGN ay: I . I /I L11A For the Firm Client: Signature Name & Title Printed Sunset Drive from SW 62nd Avenue to US page 3 M mW- Ds&:5190 NW 167 St_ Suite 111 Miami, FL 33014 Phont: 305 -620 -7781 Fax: 305- 620 -7787 rgadedp@bdIsouth.M Browerd: 426 Stoncmont Drive wcdon, FL 33326 Pbow. 954-349-3795 Fax: 954 -349 -3796 kenam @bellsouthnet PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this �i30 day of e- i Mi44 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY and CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement, the CITY agrees to employ the CONSULTANT for a period ending on December 1, 2007, and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00 or studies which do not exceed $25,000.00, herein after called the "SERVICES ". SECTION 1- GENERAL PROVISIONS• 1,1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 2.2 for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves, at all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor ` does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before' any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents 'submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES 2.1 General Engineering eering Services The professional services to be provided by the consultant are as follows: A. Roadway engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, striping, lighting, speed reduction devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Water Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Traffic engineering services will include daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and recommendation to stakeholders and preparation of final traffic engineering report. E. Environmental Engineering, to including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. F. Other incidental services associated to the above items. 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CH Y, the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering; landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as 'designated by ■ Professional Services Agreement General Engineering Services December 2004 Page 2 of 16 .."•' -_: ,- the CITY shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase I- Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY 'if, in the CONSULTANT'S opinion, the allocated funds are adequate - to accomplish the program requirements:' B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design; Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. ` F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept - of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the design concept. G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. H. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL Southern Bell, Dynamic Cable, °MDWASA, etc.) for any conflict with their utilities. I. The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and ■ Professional Services Agreement General Engineering Services December 2004 Page 3 of 16 Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall not proceed with the next Phase until directed by the CITY. 2.2.2 Phase II - Study and DesignDevelppment: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included.' C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs' to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III — Final Design / Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction I Documents setting forth in detail the requirements for the construction of the Project including the Proposal- (Bid)' Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the 'City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. B. The Construction Documents "shall , be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ("D" size), on the City's standard sheet format, unless approved otherwise. ■ Professional Services Agreement' General Engineering Services December 2004 Page ,4 of 16 C. All construction documents shall be submitted, in both "hard copy" and electronic media in a - mutually agreed upon electronic format, but generally as follows: 1. Non- drawing submittals in Microsoft Office format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. ` When the `development, of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the funds available. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as determined' under paragraph 2.2.1 A. The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY a minimum of 24 sets of drawings and specifications, at no additional cost to the CITY, for bidding purposes, unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits for construction. CONSULTANT shall ■ Professional Services Agreement General Engineering Services - December 2004 Page 5 of 16 respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Negotiation Phase A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts.' The 'CONSULTANT shall attend all pre -bid conferences. The CONSULTANT' shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre- Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: L approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. suspend or abandon the .Project, or 5. exercise all options under the City Charter and State Law. NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in I obtaining re- bids,' and awarding the re -bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify. the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15% of the CONSULTANT estimate. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V = General Administration of the Construction Contract A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the MY ■ Professional Services Agreement General Engineering Services December 2004 Page 6 of 16 B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction. Contract. C. The CONSULTANT shall attend pre - construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress: E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on- site observations to check the quality or quantity of the WORK • as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record .drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall- recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT' to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to 1. an evaluation of the WORK for conformance with the contract documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents. 3. minor deviations from the contract documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will ■ Professional Services Agreement General Engineering Services December 2004 Page 7 of 16 im have authority (with the City's prior approval) to recommend special inspections or testing, of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT' in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final ` payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining, Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean -up of the project. 2.2.6 Phase VI -- Post Construction Administration A. The CONSULTANT shall' prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall' furnish to the CITY reproducible record drawings undated based on information furnished by the Contractor, drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee /warranties for correction. He shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may discovered during the said period. 2.3 Additional Professional Services ■ Professional Services Agreement General Engineering Services December 2004 Page 8 of 16 Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but ` which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a'specific Project. E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found, by the CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. '(Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an . expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. ■ Professional Services Agreement General Engineering Services December 2004 Page 9 of 16 M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 - TIlUE FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT' render performance of his duties impossible. SECTION 4 - BASIS OF COMPENSATION The CONSULTANT' agrees to negotiate' a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral authorization to the CONSULTANT, with the understanding that written confirmation will .follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. A fixed sum: The fee fora task or a scope of work may be fixed sum as mutually agreed upon by the, and the CONSULTANT; B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Cate:?o y Hourly Rate Principal $135 Project Manager $105 Senior Engineer $95 Engineer $75 Construction Manager $100 Construction Inspection $55 Senior Draftsman/Technical/CADD Operator $60 Draftsmen $55 Data Processing / Clerical $40 Hourly rates will include all wages, benefits, overhead and profit. Professional Services Agreement General Engineering Services December 2004' Page 10 of 16 PMTWF SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15% upon completion and approval of Phase L 35% upon completion and approval of Phase 111. 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75% upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V). 100% upon final completion and approval of WORK elements A'and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT, 2. The request for payment shall include the following information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. d. Amount earned. e. Amount previously billed. f. Due this invoice. g. Balance remaining h. Summary of work done this billing period. i. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6 - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or;by- reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall m' ean to deny the right to arbitrate, by either party, in accordance with the Industry Arbitration Rules of the American Arbitration Association. ■ Professional Services Agreement General Engineering Services December 2004 Page i I of 16 SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CTTY. SECTION 8 COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to ;prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be 'mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9 - NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when 'delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11— SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK' under this Agreement without the prior written consent of the CITY. SECTION 12 WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting; from the award or making` of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. • Professional Services Agreement General Engineering Services December 2004 Page 12 of 16 SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to be determined on the 'basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending December 1, 2007, although the actual completion of performance may extend beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period. SECTION 16 - DEFAULT' In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other parry in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 17 - INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required,' by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANT'S professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT 'agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY' in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub - consultants, the registered professionals under this Agreement. The CONSULTANT shall maintain during the term of this Agreement the following insurance: • Professional Services Agreement General Engineering Services December 2004 Page 13 of 16 A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. , B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that CITY may have. The CITY reserves the 'right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of tho State of Florida. The CONSULTANT shall furnish certificates of insurance to the CITY, prior to the 'commencement of operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement' shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. ■ Professional Services Agreement General Engineering Services December 2004 Page 14 of 16 SECTION 19 . CODES. ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a). SECTION 20 = ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. N WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.�0�1(9ov duly passed and adopt by the City of South Miami City Commission M09J&pe ATTEST: CITY OF SOUTH MIAMI Maria Menendez, City Clerk ' Maria V. Avis, City Manager ATTE Tl: CONSULTANT: STATE OF FLORIDA ) v1cG= t�rP�inr ss: Acknowledgement of City of South Miami COUNTY OF DADS ) The foregoing instrument was acknowledged before me thisday of, 2004 by MARIA V. DAVIS and MARIA M ENENDEZ, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. ■ Professional Services Agreement General Engineering Services December 2004 Page 15 ' of 16 °Notary Public, Stat of Florida Print name :'� V'Ry A6, 0FR, 0 Ai, NCB AM!;6:AL �} ` , MARIA L GARCIA Commission No: f COMMISSIONNUMBEA STATE OF FLORIDA ) 00061806 '�. ' ° My COMMISSION EXPIRES ss: Acknowledgement of Consultant OCT. 2,005 COUNTY OF DADS The foregoing` instnt was acknowledged before me this ��' day ofd✓ 2004 by C�SIet 1 "` , of cad , on behalf of the CONSULTANT. He is personally known to me or has produced as identification. N tary Public, State of Florida Cdr t Ce IVA .Print name: Commission No: p () 2- 6 ? °I 4-�Z,. APPROVED AS TO FORM & CONTENT Grace Morales My Commission =87742 Ci Orneyr Expires November 16, 2007 • Professional Services Agreement General Engineering Services December 2004 Page 16 of 16 l ON! rll Wall jp mill P ZI A 1 rig OF NO a� 0 Sou7, 9 South Miami � v All-MeflcaCft " INCORPORATED CITY OF SOUTH MIAMI 19271 OFFICE OF THE CITY MANAGER o Rip INTER- OFFICE MEMORANDUM 20 01 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: May 16, 2006 Agenda Item No.: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE FORD RANGER UTILITY TRUCK FROM GUS MACHADO FORD IN AN AMOUNT OF $14,856.00 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS 001 - 1720 - 534 -4455 AND 111- 1730 -541 -4455; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute purchase order for a new utility truck. Reason/Need: This much needed pick -up truck will help the Street & Landscaping Division of Public Works Department with the need to transport personnel and equipment for daily routine work throughout the City. For the purchase of this truck,, we intend to "piggyback" on a current Miami -Dade County Purchase Order (Contract No.: 5204 - 0/07). Cost: $14,856.00 Funding Source: Account Nos. 001 -1720 -534 -4455 & 111- 1730 - 541 -4455 Backup Documentation: D Proposed Resolution 0 Gus Machado's proposal & specification Ll Miami -Dade County's Contract Award to Gus Machado 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, -FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 PURCHASE ONE 'FORD RANGER UTILITY TRUCK FROM GUS MACHADO 7 FORD IN AN AMOUNT OF $14,856.00 TO BE CHARGED TO THE PUBLIC 8 WORKS DEPARTMENT ACCOUNT NUMBERS 001 - 1720- 534 -4455 - AND 111- 9 1730 -541 -4455; PROVIDING FOR AN EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to purchase a Ford Ranger utility truck for 12 the Public Works Department; and 13 14 WHEREAS, the purchase will be funded through Public Works Department's account numbers 15 001- 1720 -534 -4455 and 1`11- 1730 - 541 -4455 with account balances of $14,197.17 and $857.47, 16 respectively. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 20 21 22 Section 1: The City Commission authorizes the City Manager to execute a purchase order with 23 Gus Machado Ford in an amount of $14,856.00 for the purchase of Ford Ranger Utility truck. 24 25 Section 2: The purchase will be funded through Public Works Department's account numbers 26 001- 1720 - 534 -4455 and 111- 1730 - 541 -4455 with account balances of $14,197.17 and $857.47, before 27 this request. 28 29 Section 3: The purchase order shall be made part of this resolution. 30 31 PASSED AND ADOPTED this day of 32006. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 39 40 READ AND APPROVED AS TO FORM: COMMISSION VOTE:' 41 Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 CITY ATTORNEY Commissioner Birts: 45 Commissioner Beckman: 46 ,, .. 3 . . '04/28/2006 10:53 3058202592 GUS MACHADO FORD PAGE 01 1200 West 49M Street Hialeah, MOda 33012 (305) 820-2595 - office Gus Machado Ford (305) 020 -2592 Fax 'Fax Tb= Rudy de to Torre Rrwn: Juan F. Fernandez Fax: (305) 668 -7206 Pages: 5 Phmm ;.(3os) 7W1 543 ors: 4t2742006 Re: Vehicle Quote -2007 Ford Ranger CC: Urgent XO Fcw Review 0 Pkww comment C1 Please Reply ❑ pleas. oacycls • Can�msnlx' . Mr, de la Torre: ' Thank you for affording Gus Machado Ford the opportunity to be of service to you and the City of South Miami. Attached for your review is the quote you requested '> on behalf of the City of South Miami. Also, attached for your information are copies from the order guide depicting, the vehicle's standard equipment We have included in the quoted vehicle's price the power equipment group for your comfort This is a package option in this model vehicle. If you have any questions regarding this quote or any other matter of concern, please give us a call at your earliest convenience. Thanks, Juan 04/28/2006 10:53 3058202592 GUS MACHADO FORD PAGE 02 V VEHICLE ORDER CONFIRMATION 04/27/06 14.31:44 Dealer: F24070 2007 RANGER Page: 1 Of 1 Order No: 1111 Priorz r FIN: QC241 Order Type: 5B Price Level: 715 Ord PEP., 8678 Cust /Flt Name: SOUTH MIAMI PO Num I ber: RETAIL RETAIL R44V/4X2 XLT SUP CAB $18185 SP DLR X26,. WHEELBASE ACCT ADJ SP FLT ✓OXFORD WHITE CC T ACCT CR 5 U.S. GAL GAS R V60140 CLOTH 34A NET INV FLT OPT NC F /MED DR FLINT DEST AND DELIV 635 867A ,FREF EQUIP PKG TOTAL BASE AND OPTIONS 202?5/ /. XLT TRIM TOTAL 20 QJ .AM /Pm W /CD *THIS IS NOT AN- INVOIC �j 99U ✓.3.OL EFI V6 ENG 0 44D 5 -SPD AUTO O/D loao Q T7H' .P225 STEEL $SW X86 .3.73 REG AXLE 4760 GVWR NC 51H /T145 MINT SPARE NC 907 {( PWR EQUIP GRP 405 Fl =HeIP F2= Return to Order F3 /FI2 -Veh Ord Menu. F4= 5ubmit F5 =Add to Library 5099'- PRESS F4 TO SUMa QC04931 04/28/2006 10:53 3058202592 GUS MACHADO FORD PAGE 03 1/06 2007 RANGER PACKAGED OPTIONS /EMISSIONS OMPONENT PACKAGE (688) es: TREMOR PACKAGE (91T) d Slip Axle lncludps; Payload load Package #2 er taw, Gass 111 r�)WX.Rraquiree . 510 -watt audiophile sound system • AMIFM Stereo receiver "in-dash' 6-disc MP3 CD Changer Requires W whyine + Mind- chegnd emplifler • 6x8 coaxial epsakere (4 }■ T APPEARANCE PACKAGE (BBC) ;' 10" Bess subwoofer • Subwoofer and amplifier endoeure box (rear rloor- mounted) med Wrails with blaick colored resin end caps 16" Cast aluminum wheeia (4) (646) 4x2 (647)4x4 • P235/70Rx16 A/S OWL tires (4) — (4x2) nptrdes 10G Content end reStriced to XLT, SPORTUREMOR uper ab wN6 engine only, 91 A (XLT 02 Appearance Pkg.) • P266L70Rx16 A/T OWL fires (4) - (4x4) • TREMOR decal required on 867A (RWR44) Units. Raptrinemai tt and Restril loos: BRIGHT TRIM GROUP (18C) • 4X2 tonflguratlpns: SPORT 4 Di Dr. (R"IR14) Super Cab • 4X4 configurations: SPORT 4 Dl Dr. (R45tIZ15) Super Cab InCludi • Rem jump seats not evelloble on ibis package Coed *0 rapped nanors (NA on STX, SPORT) • `-►Speed automatic transmission (44D) • ChtCfhted Step bars with non -skid surface:- • MedlUm Dark Flint (F) interior color and trim Is required • 'Chromed exhaust tip Notes Restricted to Super Cab wNe on engine only, NA on XL, FX4 VINYL -SLUSH" MAT, FRONT (211) — "NQ COST Level It, 91A ,(XLT 4x2 Appeadtlnce Pli requlred on 367A (R14/R44) dulls. OPTION ") • Can be ordered In lieu of standard carpeted °throw-in" male on PAYLOAD PACKAGE #2 (672) models equipped with carpeted flooring. bdul : • inaeaaeG rear spring rates (4x2, 04) XLT 4X2 APPEARANCE PACKAGE (91A) Mdudias; • HD gas- charged shades' (4xZS + Bo r� bumpers w/ black fro nt IOwer vi lice Note: Not available on 2.31,14 Cab models Fog *HD shocks standard on SPORT, FX4 Off -Road & XLT 44 • Chromed bar grille • Chrome clad 15" 7 -spoko steel whtolq (4) - (64G) PIONEER0 29MATT MP3 SOUND PACKAGE (SSE) • Mounted on P22WORIS AIS OWL Gres fttcludes: Opal up. • AM/FM Stereo recelver m -dash" 6-dlac iiii changer Machined split -apoke aluminum wheels (64H) • Two- chsrmel ampllAer • 5 W Powtted bass supwoorer with 9.2 liter enclosure oypropyiel midrange speakers WfV41 soft dome tweorters EL�REol COV Red 8" x 8" dear cone "full range• stareakera 78V Priced' A....,. 709 fieRUlr�E4u+pmelrL • 5 speed automatic toansrn[WJ rr (440) • Front Spat Buckets (S,U,V) with center flow conscii Compatible SPECIAL ORDERS with SWKWrd sport WdWit seat (M,L) configurations. (Fleet Only. See www.Rnc for dealer.com ordering •Placement of console deletes base considettellioUpholders uidelinesrrestridiruha. (TOWER EQUIPMENT GROUP "PE • Power wlt>doweAadcs/rnl►rors soli trisp • Remote keyless entry i A • Includes Staftdefd high sraies interior door pan1pook far SPORT /TREMOR PRIVACY GLASS (SOP) Mdurles: 11*1 Rear Warterwindows a Beck wd,dtwv SPORT SIC 16" ALUMINUM WHEEL A TIRE OPTION (646) Indudel • TwitrSpoke cast elum(num (4) • Mounted an P235TC0Rx1G A/S OWL Gres (4), (SPORT 4x2 S/C tr,iy) SPORT 15' ?SPOKE CHROME STEEL WHEEL OPTION (6414) irrdudos: • 7 -Spoke Chrome Crgd Steel (4) • Mounted an existing P235(75Rxl5 A!r OWL ft" (SPORT 4x2 R/C ohlY) TRAILER TM CLASS III (53L) MNtftl�s: • Frame mounted receiverhkch unit • Spare dre option (51b) mquired -all U2 XUXLT models Nose: Requires V6 engine ,t = New for this mil .year. 9 - Ford Division 04/28/2006 10:53 3058202592 GUS MACHADO FORD PAGE 04 04/01/06 2007 RANGED STANDARD EQUIPMENT ms are and on ev 200TM vehl POVYER�WNfFUNC OVAL • 4 -Whebl arlock brakes INTERIOR (Conlin • Power radNpinion steering } Audio (depending on Series) • 100.M ile tin' interval Power point -12V EXTERIOR Grab handleSgront - a- pillar, driver 8 passenger aides • Raised powerdome hood Fob • Glove bob Dome light • Stone u elmud }lave (depand irq nn aeAes) Steering wheelm -spoke Rear jump seats • Ca x Se�own hooka (4) • =tire - (standard on adr. Only) SWETYMECl1RI'('y Tailgate w wi0r quick release Air bags, Dual Sts front driver and stage t�'tsvnger *, tr Intermittent Hk"ount stop la - rear INTERIOR • Personal Safety Systarng) - FPSS/ RCM • Air conditioning - Manuel (FX4, SPORt, XLT, required w /4.0L on XL A Seat be @s - manual ap/ahouider balls w/height ad(us(ere. pretensl*nors & energy ►gy mgmt, Retrectprt an outside front positions. cup holders Ind. LATCH child seat anchor on front passenger slde • Ra a caster (except • ;=bench (except FX4Lavet 118, STX) SeatsJSafety Features, 2 -point rettraint (ttont center passenger) Securit odO an&#Ieft Ignition (2.3L, 3:01- & 4.OL) • Tire Pressure Monitorin Gyawn MPIWIS) The 1101f0whil f9AW es are atendard on select 2007MY RANGER Wiidea: L I -AMP (2.X 14) • j - 115- AmP(3- 0V4.0L.V6) • • • e i Awn • r I • n@ Umltpd Slip Axle - 4.10 SSAH,540'C QA_ • I i man • i • • Front Olac/Rear Druni (4-Wheel ABS) 4x4 i _ • } ortgatrri. kldeWhdertt r � • . 1 e , Col spring - front . ! ' j • • I I Tarobn bar, trop( i • (S) i • • (9) j * Sbbiiizer bar ,front • • • Sdtbifiner bar • raw I ' . ' . . • i i • (14x2) i 4 I Slack- (2) i • i Silver torte - front (2): Bittek - rota• (1) I + Twnahir • Electronic Shin -on- the -Fly • i • • � _4 ' • c i i *(2) 6 2 Bedrail & Tail 9. Up Pro r - 8 piece • Pa ar- bhkck w(matchb lower valence • I i Ptlkrt�d feoe her- It 0dy txdd With bwar front i, . ig(rat ana f Valance I t rated face bar - body oo* with matching louver fronri i • ! valance, black horizontal tenter grille and kitagrated r fog lamps II ; lutad fm bar -Dark Ma" QW with Black I Iewrrv"ce • f • I Black pap lerrdas E i } } f • i • (40, 81A) • i • 1 • • 17 G� I • (1 S4VB) • {i) 4 • (1 SWB) • (a) i i 20 Gallon • (1 (2) • (0 B) ( ` • (2) • (2) Viz) • (2) • (2) bar f f ck noaalt i� Chromed nostril ! • (4x4, 9f A) Body oolar nostdi tl► b �r ' • I • ( i ' Black " horizontal slat^ Insert woody color surround r • milled Slip axis tni rbrs, maraud (black) • • side mirram monuel (body cola tkue cep) • • $ice mkrbrs, powar (black) (Mdutled In PEG - 907) I I r • Ji 'IR mirror- day /night • L Fbn i • + , • • • ! Stone gererds - trontlraar (4x2) ! ! Stan.( prtrds '- front Mud Films - rwr(4)ar4x4 -VA j 1 = Ragullar Cab only 2 ■ SuperCab only, 3 = 44 only S = Standard. O = Optional, P Packaged Option. R;; RegUirod * =New for phis model year. -3- Ford Division 05/01/20OG 12:4G 3058202592 GUS MACHADO FORD PAGE 02 Procurement Management MIAMI-DA� ' Purchasing Division 111 NW Ist'Street n Svild 1300 Miami, Florida 33128-1974 T 305- 375.5289 F 305-375-4407'305-372-6128 ADACoordinaion January 2006 miamidade.gov Agenda Coprdinalian s Animal Services Art in public Places Audit and Management services All Responding Vendors (See Distribution List) Buildgg Build Code ComyriAnce eusiness Nvelopment SUBJECT: Bid No. 5204 -0/07 Capital Imp.ovemenis 13-id Title Model Year 2006 .Pickup Trucks, Various Sizes ' GBieni IndtpendentTransportaiionTrust ComthiWon on Ethics and Public Trust Dear Vendors: Communicitlon9 Community Action Agency ' Cammunily a Economic Development Evaluation of bids tendered . in response to the above cited solicitation has been Community Relations completed. The County ' Manager has recommended award as shown in the Consumer Sen.ites attached document. Correciians b' ROmbilhalion Cultural Affairs Thais notice is provided in accordance with Section 1.13 of the solicitation and I iegionS IMeWncy Management Section 2 -$.4 of the Code of Miami: Dade County. Our prevision of this notice Employe Relalioes also serves to confirm the lifting of the Cone of Silence from this procurement. Impowerment rnat action as dictated by Section 2- 11.1(t) of the County Code. Erprlse TeehneroEy services Environmesal Resources Management Fair We appreciate the participation of all vendors which responded to the subject EmplmymeM Pror Ii6ts I;n,r," action. If you have any questions please contact me at 305-375-2102 or email FiteFascue artpaEalo.c?miataaidade.frc�v. Gmgl Services Administration Hlstorlt Prcservasias Homelm,Tmg Sincerely, Hour' 4 Agency Housird FudnceAuthonly . HurMnservices MLAM ORIDA independent Review panel Inknsltional hide cetwitium - Asses>mei, pA.Mill lCen Fabl z Medeal mer S 10 urement Contracting Agent Metro Miaoni Ion Plan Meirepofilae PIam1N1g '�nization Park atsd Reecreatien Planning sn l Zonin6 Pone Distribution List. Gus Machado Ford,, Inc. Maroone Chevrolet, LLC ; PropetyAppraisal Public Library system Maroon Dodge, LLC Rublicwork: Hooley FamRy Management, Inc. d/b /a Plantation Ford Safe Nei Obodu;W Packs Solid Waste Manag -1 Business Attachment: County Manager Award Recommendation Stannic Maniaement Team Metro F m an Grban Economic Revitalization cc: Clerk of the Board Vizcaya Museum And Gardens r i ! ; r e r; Bid He Water 6 sewer �,,}o- CONTRACT AWARD SHEET . DEPARTMENT OF PROCUREMENT MANAGEMENT 'h BIDS AND CONTRACTS DIVISION BID NO.: 5204 -0/06 Previous Bid No.: 5204 -0/05' ' TITLE: 2005 Pick -Up Trucks, Various Types COMMODITY CODE NO.: 07048 OTR YEARS: n/a LIVING- WAGE APPLIES: YES ® NO Ciri'TRACT PERIOD: 02/16/2000-5 through 002/15/2006 AWARD BASED ON MEASURES: ❑ YES Z NO ® SRPROCUREMENT AGENT: Nazario Soto ❑ PROCUREMENT AGENT:. ❑ PROCUREMENT TECHNICIAN: PHONE: 305 - 3754424' Set Aside ❑ "Bid Preference ❑ Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms El Local Preference ❑ CSBE Level. El Prevailing Wages (Reso. 90 -143) El Living Wage PART #1: VENDOR AWARDED F.E.I.N.: 592336101 592441916 650944181 VENDOR: Gus Machado Ford Plantation Ford Maroon Dadge Llc STREET: 1200 W. 49th Street 707 N. State Rd 7 21151 Nw 2 Av CITY /STATE /ZIP: Hialeah, F133012 '' Plantation, F133317 Miami, Fl 33169 - F.O.B. TERMS: Destination Destination Destination PAYMENT TERMS: Net30 Net3O Net30 DELIVERY: As Needed As Needed As Needed PHONE: 305- 820 -2596 954 -797 -37:67 305 -493 -5310 FAX: 305.! 820 -2592 954- 792 -2545 305- 653 -8250' E- MAIL: edmachado00hotmail.com fleet@plantationford.com schenry@att.net CONTACT PERSON: Victor Benitez Alex R. Oscanch Steven Henry FE.I.N.: 650944183 650944614 VENDOR: Maroon Chevrolet Llc Maroon Ford Miami STREET: 8600 Pines Blvd 16t00 'NW 57d` Ave CITY /STATE /ZIP: Pembroke Pines, F133084 Miami, fl 330`15 F.O.B. TERMS: Destination Destination PAYMENT TERMS: Net30 Net30 DELIVERY: As Needed As Needed PHONE: 954447 -2150 305493 -5310 ' FAX; 954433 -8503 305 -653 -8250 E -MAIL: daef @maroonefleet com Schenryl @comcast.com CONTACT PERSON: David Fridgant Steven Hebry DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION I AWARD SHEET.doc Revised 09 /19/00 05/01/2006 12:46 3058202592 GUS MACHADO FORD PAGE 03 Memorandum EMW3:2. Date: December 30, 2005 To: Honorable Chairman Joe A. Martinez E== and Members, Board of C t Commissioners From: George M. Burgess County Manager+r,'` Subject: Approval to Award Contract No. 5204 -0/07 for the Purchase of Model Year 2006 Pickup Trucks RECOMMENDATION It is recommended that the County approve the award of contracts to Gus Machado Ford, Inc.. Maroone Chevrolet, LLC, Maroone Dodge, LLC, Hooley Family Management, Inc. '(doing business as Plantation Ford) for the purchase of model year 2006 pickup trucks. The County, through the General Services Administration Department, wilt purchase an estimated quantity of 361 model year 2006 pickup trucks of various types and capacities to replace old and damaged vehicles, and to meet new service demands. CONTRACT NO: 5204 -0 /07 CONTRACT TITLE: Model Year 2005 Pickup Trucks, Various Sizes DESCRIPTION: To establish a contract for the purchase of model year 2006 pickup trucks of various sizes for Miami -Dade County's General Services Administration, Fleet Management Division, on an as- needed when - needed basis. APPROVAL TO ADVERTISE: August 25, 2005 TERM: One year period. ; CONTRACT AMOUNT. $8,650,950 USING /MANAGING AGENCIES AND FUNDING SOURCE: Department Allocation Funding Source Aviation $ 233,100 Revenue Funds GSA -Fleet Management $7,567,350 Vehicle Replacement Trust Fund [ Park and Recreation $ 136,500 General Funds Water and Sewer $' 714,000 Operating Revenue Total Allocation $8,650,50 PREVIOUS CONTRACT ALLOCATION: $6,507,850 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; 5 APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE 6 AMOUNT OF $11,418.60 TO BE CHARGED TO ACCOUNT NO. 7 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami approved the retention 11 of labor counsel James C. Crossland of Akerman Senterfitt at the recommendation of the city attorney, to 12 represent the city in addressing employment claims; and 13 14 WHEREAS, Akerman Senterfitt submitted its invoices to the City for legal services rendered, and 15 costs advanced, for the period ending April 30,`2006, totaling $11,418.60; and 16 17 WHEREAS, the fees and costs on the attached invoice are reasonable and necessary. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 20 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 21 22 Section 1. The invoices for attorneys' fees and costs received, from Akerman Senterfitt, 23 in the total amount of $11,418.60 are approved for payment charging $11,418.60 to account no. 24 00 1.2100.5 19.3440 Consultant Labor Attorney, with a current balance of $13,426.36. 25 26 Section 2. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED this day of 2006. 29 30 ATTEST: APPROVED: 31 32 33 CITY CLERK MAYOR 34 35 36 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 CITY ATTORNEY Commissioner Birts: 41 Commissioner Beckman: 42 AKERMAN SENTERFITT FT LAUDERDALE • JACKSONVILLE • MIAMI .ORLANDO • TALLAHASSEE TAMPA • WASHINGTON DC WEST PALM BEACH rr..€,°+°w" ,.'€fr?+ R ECEIVE D Senterfitt MAY 0 9 20067 ATTORNEYS AT LAW CITY MANAGER`$ 2ffICE Post Office Box 4906 Bill Date 8- May -06 Orlando, FL 32802 Bill No. 8091977 Tel: 407-843-7860 Fax: 407-419-8593 MS. YVONNE SOLER- MCKINLEY INTERIM CITY MANAGER CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: GENERAL LABOR & EMPLOYMENT Matter Number: 0145273 INVOICE SUMMARY For professional services rendered through April 30, 2006 as summarized below and described in the narrative statement: SERVICES $ 10,415.50 DISBURSEMENTS $ 614.60 TOTAL THIS INVOICE $ 11,030.10 PREVIOUS BALANCE 12,702.00 (includes payments received through 5/8/06) TOTAL NOW DUE AND PAYABLE $ 23,732.10 To ensure proper credit to the above account, please indicate matter no. 0145273 and return remittance sheet with payment in US funds.` Wired funds accepted. Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE JACKSONVILLE • MIAMI • ORLANDO - TALLAHASSEE • TAMPA - WASHINGTON DC • WEST PALM BEACH r- -,�,- ,;.t.— =- G,°°r.:., -�?*:r ��:,' s�-` �. as` �` E,, `":rr';��c3a�.�7„^"f`•�- '� -sa'f �? °: °;�r;FC 7.,= �"^- �v-;;�...F —�,. r.�,..x „�w.`�}, °.rst�,^n;',- ,. --";., r".nq,_ Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Apr -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8091977 Date Services Atty Hours 1- Apr -06 PREPARE FOR SUAREZ ARBITRATION. DCM 2.00 2- Apr -06 PREPARE FOR SUAREZ ARBITRATION. DCM 5.80 2- Apr -06 ANALYZE STRATEGY RE: ARBITRATION. JCC .80 3- Apr -06 PREPARE FOR SUAREZ ARBITRATION. DCM 9.20 3- Apr -06 PREPARE MILLS FOR TESTIMONY IN SUAREZ DCM 3.00 ARBITRATION. 4- Apr -06 PREPARE FOR SUAREZ ARBITRATION. DCM 3.00 4- Apr -06 ATTEND SUAREZ ARBITRATION. DCM 9.50 4- Apr -06 ANALYZE BRIEF ISSUES ( SUAREZ TERMINATION JCC- .60 ARBITRATION). 5- Apr -06 ` PREPARE RECORD FOR SUAREZ ARBITRATION BRIEF. DCM 1.00 5- Apr -06 TELEPHONE CONFERENCE ENRIZO RE SUAREZ DCM .30 ARBITRATION. 5- Apr -06 ANALYZE ISSUES RE: BRIEF ( SUAREZ TERMINATION JCC .60 ARBITRATION). 6- Apr -06 DRAFT SUAREZ TERMINATION BRIEF. DCM 1.00 8- Apr -06 CONFERENCE MAYOR, MILLS, J. NAVARRO RE: T. JCC 2.70 CLEVELAND. 20-Apr-06 TELEPHONE CALL ENRIZO RE BENITEZ. DCM .30 21- Apr -06 TELEPHONE CALL ENRIZO RE BENITEZ. DCM .20 21- Apr -06 REVIEW AND REVISE LETTER TO BENITEZ. DCM .90 21- Apr-06 REVIEW PERSONNEL REGULATIONS RE BENITEZ: DCM 40 24- Apr -06 TELEPHONE CALLS WITH ENRIZO RE BENITEZ, FLSA DCM .50 MATTERS. 25- Apr -06 TELEPHONE CALL ENRIZO RE FLSA RESEARCH. DCM .30 25- Apr -06 DRAFT POST - HEARING BRIEF ( SUAREZ TERMINATION - DCM 4.20 ARBITRATION). 25- Apr -06 ANALYZE SUAREZ ARBITRATION ISSUES. DMH .80 26- Apr -06 DRAFT POST- HEARING BRIEF ( SUAREZ TERMINATION DCM 3.20 ARBITRATION. 26- Apr -06 TELEPHONE CALL ENRIZO RE BENITEZ TERMINATION. DCM .30 Akerman Senterfitt Page 4 - '035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Apr -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8091977 Date Services Atyt Hours 27- Apr -06 DRAFT POST- HEARING BRIEF (SUAREZ TERMINATION DCM 3.00 ARBITRATION). 28- Apr -06 DRAFT POST- HEARING BRIEF (SUAREZ TERMINATION DCM 2.00 ARBITRATION). 30- Apr -06 REVIEW EXHIBITS; ANALYZE BRIEF ISSUES (SUAREZ JCC .70 TERMINATION ARBITRATION). Total Services .. ....... ........ .... ......... .. .... ... ....... $10,415.50 Date Disbursements Value Total for POSTAGE 1.50 04/02/06 DUPLICATING 20.00 04/02/06 DUPLICATING 6.75 04/03/06 DUPLICATING 1.00 04/04/06 DUPLICATING 17.00 04/07/06 DUPLICATING 1.50 04/13/06 ' DUPLICATING 0.25 Total for DUPLICATING 46.50 03/31/06 DELIVERY SERVICE EXEC 2000 \ INVOICE #I14674 17.80 Total for DELIVERY SERVICE 17.80 04/18/06 COURT REPORTER - NETWORK REPORTING 541.10 CORPORATION APPEARANCE AT & TRANSCRIPTS (0 1 CC) OF TAPED STATEMENTS OF OFFICER OSCAR SUAREZ, COMMANDER JOHN BARZOLA & LIEUTENANT BRUCE ROSS DCM -2395 Total for COURT REPORTER 541.10 03/27/06 LIBRARY RESEARCH CHARGES ACCURINT 3/01/06- 7.70 3/31/06 Total for MISCELLANEOUS LIBRARY CHARGES 7.70 Total Disbursements . . .. .......... ..... ..... .. . .... . ..... ............... $614.60 „ . y,:r .a .. _ —�' —� ..g.--,,, w.r. .�,�<-�r v '�a'i.`.r .`4:+ ,�S,: e"'IYS`i"�'. ,�?3;�•^' '{; ,E'�,.,!f'.n,a',"a., Akerman Senterfitt Page 5 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Apr -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8091977 Initials Name Hours Rate Amount DCM _ D. C. MILLER 50.10 185.00 9,268.50 DMH D. M. HEEKIN 0.80 185.00 148.00 JCC J. C. CROSLAND 5.40 185.00 999.00 Total 56.30 $10,415.50 AY 0 2006 • Senterfitt IV AE A :ER'S OFFICE ATTORNEYS AT LAW Post Office Box 4906 Bill Date 8- May -06 Orlando, FL 32802 Bill No 8091980 Tel: 407-843-7860 Fax: 407-419-8593 MS. YVONNE SOLER- MCKINLEY` INTERIM CITY; MANAGER CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: JOSEPH DURAN V. CITY OF SOUTH MIAMI Matter Number: ' 0171988 INVOICE SUMMARY For professional services rendered through April 30, 2006 as summarized below and described in the narrative statement: SERVICES $ 18.50 DISBURSEMENTS ` $ 0.00 TOTAL THIS INVOICE $ 18.50 To ensure proper credit to the above account, please indicate' matter no. 0171988 and return remittance sheet with payment in US funds.' Wired funds accepted: Akerman, Senterfitt & Eidson' Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE JACKSONVILLE MIAMI ORLANDO TALLAHASSEE • TAMPA WASHINGTON DC WEST PALM BEACH Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Apr -06 0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI Bill Number 8091980 Date ` Services Atty Hours 6- Apr -06 REVIEW CORRESPONDENCE' RE: OFFER. DMH .10 TotalServices ........................... ............................... ......................... ........................ ................ $18.50 IT-11"n"711111 "MM, II Akerman SenterAtt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Apr -06 0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI Bill Number 8091980 Initials Name Hours Rate Amount DMH D. M. HEEKIN 0.10 185.00 18.50 Total 0.10 $18.50 . ?N ^sa-- .- �,w�.'�'�."_•.,;-er ems? ,a-.�- s:�':', ;,. - �;;`. t .3^w+..:.. .: - °::...�,w. _ ECEIVED Senterfitt MAY 0 9 2006 ATTORNEYS AT LAW CITY 13IAOER`S OFFICE Post office Box 4906 Bill Date 8- May -06 Orlando, FL 32802 Bill No. 8091979 Tel: 407-843-7860 Fax: 407-419-8593 MS. YVONNE SOLER- MCKINLEY INTERIM CITY MANAGER CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: POLICE BENEVOLENT ASSOCIATION Matter Number: `0151439 INVOICE SUMMARY For professional services rendered through April 30, 2006 as summarized below and described in the narrative statement: SERVICES $ 370.00 DISBURSEMENTS $ 0.00 TOTAL THIS INVOICE $ 370.00 To ensure proper credit to the above account, please indicate matter no. 0151439 and return remittance sheet with payment in US funds. Wired funds accepted. Akerman, Senterfitt'& Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215 - 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE' - JACKSONVILLE • MIAMI • ORLANDO • TALLAHASSEE •TAMPA • WASHINGTON DC •WEST PALM BEACH Aile A 1- rman S enterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30-Apr-06 0151439 POLICE BENEVOLENT ASSOCIATION Bill Number 8091979 Date Services Atty Hours 23-Apr-06 REVIEW PBA UNIT CLARIFICATION PETITION. JCC .50 23-Apr-06 LEGAL RESEARCH RE: CONSENT UC PETITION JCC .90 PROVIDERS (NEED,FOR EVIDENTIARY SUPPORT). 24-Apr-06 REVIEW DOCUMENTS RE: UC PETITION. JCC .30 24-Apr-06 TELEPHONE CONFERENCE A. AXELRAD RE: HEARING. JCC .30 TotalServices ............................................................................................................................................ $370.00 II II s� A,ennan Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Apr -06 0151439 POLICE BENEVOLENT ASSOCIATION Bill Number 8091979 Initials Name Hours, Rate Amount JCC J. C. CROSLAND 2.00 185.00 370.00 Total 2.00 $370.00 .y 5o u ry South Miami r k M-AmedeaCRY . INCORPORATES CITY OF SOUTH MIAMI fi 19 2 ' A ` OFFICE OF THE CITY MANAGER toR o INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From Don O,Donniley, Planning Director Date: May 16, 2006 ITEM NO. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (I), (.I), (K), (L) (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; ' PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR A REPEALER PROVISION AND A SEVERABLITY CLAUSE; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. Request: The specific amendment would replace seven` subsections (H —N) of Section 20 -4.5 that were part of the LDC Landscaping regulations. The amendment creates a separate Section 20 -4.11 entitled "Tree Conservation and Protection for All Zoning Districts ". The revised regulations. are a significant improvement over the existing provisions. The following is a summary of the major changes: clarification of review and enforcement responsibilities; clarification of the process needed to obtain a tree removal permit including notification of abutting owners and posting of the property; new standard for tree replacement /mitigation - from canopy replacement to width of tree trunk; creation of a process allowing for an appeal of a tree removal permit decision to the City's Special Master with a final appeal to the City Commission; and expansion of penalties' and remedies that the City can use to enforce compliance. The Planning Board at its April 11, 2006 meeting adopted :a motion by a vote of 5 ayes 0 nays recommending approval of the legislation. The Planning Department provided the City Commission with .a copy of the draft recommended by the Planning - Board. During the City Commission's first reading in May 2, 2006 a number of revisions suggested by the Planning' Department and several Commissioners were adopted. The attached legislation contains all of the revisions approved during the first reading of the ordinance at the City Commission's May 2, 2006 meeting. These revisions can be seen in bold or in strike -thru on p." 1 and pp. 6 -13. Recommendation: It is recommended that the attached revised ordinance be adopted on second reading. Backup Documentation: Revised Ordinance (with revisions from I" reading) Planning Board Staff Report 4-11-06 Public Notices DOD /SAY E; I Comna Items12006U- 16 -06TDC Tree CM Cover report.doc 5446) Dra (revised I ORDINANCE NO. Draft 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF 5 THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 ;(H), 6 (I), (T), (K), (L), (M) AND (l) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED 7 LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW 8 SECTION 20 -4.11 ENTITLED 'TREE PROTECTION; CONTAINING INTENT, 9` DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL 10 PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA 11 FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, s 12 APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; (PROVIDING FOR A 13 REPEALER PROVISION AND A SEVERABLITY CLAUSE; ORDINANCES IN 14 CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission has directed the City Attorney to update and strengthen 17 the current provisions in the Land Development Code pertaining to tree protection; and 18 19` WHEREAS, revised regulations based upon the most up to date national standards have 20 been prepared by the Administration; and " 21 22 WHEREAS, the Planning Board at its April 11, 2006 meeting adopted a motion by a vote 23 of 5 ayes 0 nays, recommending approval of the revised regulations; and 24 25 WHEREAS, the Mayor and City Commission desire to accept the recommendation of the Planning 26 Board and enact the aforesaid amendment 27 28 NOW, THEREFORE, BY THE CITY MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, 29 FLORIDA: 30 31 Section 1. Sections 20 -4.5 (H), (1), (J), (K), (L), (M) and (N) of the South Miami Land 32 Development Code pertaining to Tree Removal and Tree Removal Permits are hereby removed in their 33 entirety and the title of Section 20 -4.5 is revised to read as follows: 34 35 SECTION 20 -4.5 Landscaping Tom-ee 77� . +��* �N for All Zoning Districts 36 37 Section 2. The South Miami Land Development Code is hereby amended by adding a new 38 Section as follows: 39 40 SECTION 20 -4.11 TREE CONSERVATION AND PROTECTION FOR ALL 41 ZONING DISTRICTS 42 (A) Intent and Purpose. 43 44 (1)The intent of this section is to protect preserve and restore the tree canopy within the City by regulating the 45 removal, relocation and trimming of trees. 46 Page l , 1 (2) The purpose of this section is to assure that the design and construction of all 2 development activity is executed in a manner consistent with the preservation of existing trees to the 3 greatest extent possible. 4 (B) Definitions. 5 For the purposes of this chapter, the following definitions shall apply: 6 Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property 7 under a written lease and who is authorized to apply for a building permit. 8 Arborist. Certified: One who is well-versed in the art of arboriculture including tree surgery, 9 the prevention and cure of tree diseases, and the control of insects, and who has International 10 Society of Arboriculture (ISA) Arborist Certification. 11 12 Branch Collar: Trunk tissue that forms around the base of a branch. 13 Caliper: See definition under Sec. 20- 4'.5(A) 14 Controlled Tree Species: Those tree species that tend to become nuisances because of their ability 15 to invade proximal native slant communities or native' inhabitants but which if located and 16 cultivated properly, may be useful or functions as elements of landscape design. This article 17 incorporates' by reference the Miami -Dade County' Landscape Manual listing of controlled tree 18 species. 19 20 Crown: The upper branches of the tree canopy. 21 22 Crown Width: The width of the crown at its widest point measured on a plane parallel to 23 the ground. 24 25 Developed property.: Property containing a structure which has a valid certificate of 26 occupancy. 27 Diameter DBH : The diameter at breast height of a tree's trunk measured at 'a height four and one 28 half feet above grade. In the case of multiple -trunk trees, the DBH shall mean the sum of each 29 trunk's' diameter measured at a height four and one -half feet above grade. 30 Developed property: Property containing a structure which has a valid certificate of occupancy. 31 32 Drop- crotch Pruning: A specific, type of pruning designed to properly reduce the size of 33 trees with the current national arborist standards, or any subsequent amendments thereto. 34 35 Effectively Destroyed: The cutting, trimming, or damaging of a tree's trunk, branch, or 36 root system to the extent that the tree is no loner viable. 37 38 Equivalent Replacement: A tree or trees, which due to condition,` size and value, is determined by the ' 39 planning department to be equivalent to the tree to be removed. 40 Page 2 1 Equivalent Value: An amount of money which reflects the replacement cost of a tree, (including 2 transportation, planting and initial maintenance to insure survival) based on its size, condition and 3 location, following the international society of arbors tree evaluation formula and the market value 4 5 Exotic Tree Species: A plant species that has been introduced from other regions, and is not native 6 to the region to which it is introduced. 7 8 Girdling. The removal of a strip of bark around a tree trunk or a branch of a tree, This practice is 9 sometimes employed to kill` a tree. 10 Grade: The ground level of a subject property, which measures the degree of rise or descent of a 11 sloping surface. 12 Hat racking: The flat cutting of the top of a tree, severing the leader or leaders, or the removal of 13 any branch three inches or greater in diameter at an point other than the branch collar i.e.. that point 14 where the lateral branches meet the main trunk. 15 Landscape Manual: The Miami -Dade County Landscape Manual, latest edition, which is the 16 official landscape manual issued by Miami -Dade County, Florida. The Landscape Manual, as 17 amended from time to time is adopted by reference by the City and deemed as being incorporated 18 by reference as if set forth herein providing that in the event of an express conflict 'between the 19 Landscape Manual and this chapter, the latter will prevail. 20 21 Large Tree: A tree with a mature height of 40 feet or more in height, a mature canopy 22 wider than 22 feet, and a mature root system wider than 15 feet. 23 24 Maintenance and Protection: Includes all operations of; pruning, spraying, injecting, 25 fertilizing, treating, bracing, doing surgery work, cutting above or below the ground. 26 27 Medium Tree: A tree with a mature height of between 26 feet and 39 feet, a mature canopy 28 between 15 feet and 22 feet, and a mature root system between 10 and 15 feet. 29 Mitigation: Those trees that are planted in order to restore tree canopy within the City and to 30 replace existing trees that are authorized to be removed under this section. 31 Native Tree Species: Plant species with geographic distribution indigenous to all or part of Miami - 32 Dade County. Plants which are described as being native to Miami -Dade County in botanical 33 manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Laskela, are native 34 plant species within the meaning of this definition. This section incorporates by reference the Miami- 35 Dade County Landscape Manual listing of native tree species. 36 37 Nonviable: See definition under Sec. 20 -4.5(A 38 39 Person: As per the definition set forth in Section 1 -2 of the South Miami City Code. 40 41 Prohibited Tree Species: Those tree species that are detrimental to native plants native wildlife 42 ecosystems, human health and /or safety and welfare. This section incorporates by reference the 43 Miami -Dade County Landscape Manual listing of prohibited species. Page 3 I 2 Protected Tree: A tree with a minimum caliper of four inches in diameter, one foot above 3 the ground of the species Live Oak, Laurel Oak, Gumbo Limbo, Royal Poinciana and Mahogany. 4 Protected trees shall be processed under the same standards as specimen trees 5 6 Protective Barriers: Barriers that are placed around existing trees to provide protection during 7 construction on a subject property. Refer to the Landscape Manual for alternative tree protection 8 and support details. 9 10 Pruning /Trimming: The selective cutting of tree /plant parts to encourage new growth or 11 better flowering: to remove old stems or deadwood; or to shape trees according to ANSI A300 12 Standards. (American National Standards Institute: Tree Care Operations Manual) 13 14 Public Area: Includes all public ways, parks and other lands owned or leased by the City. 15 16 Public Nuisance: Any tree or shrub or part thereof growing upon private or public 17 property which is determined by the planning department representative to endanger the health, 18 safety and general welfare of the City residents_ 19 20 Public Way: Includes all public streets, roads, boulevards, alleys and sidewalks. 21 22 Roots /Root Systems: The parts of the tree containing' the ''organs that extract water and 23 nutrients from the soil and atmosphere. 24 25 Shade Tree: Any tree with a mature crown width that is at least two- thirds of the tree's mature 26 height. 27 28 Site Plan: A comprehensive plan drawn to scale indicating site elevations, roadways and location of all 29 relevant site improvements including structures parking, other paved areas trails, walkways, ingress 30 and a egress drives, vegetative cover, landscaping and open space. 31 32 Small Tree: A tree with a mature height of 25 feet or smaller, a mature canopy smaller than 15 feet, 33 and a mature root system smaller than 10 feet 34 35 Sound Nursery Practices: The various procedures involved in landscape nursery work that are 36 in compliance with the Florida Department of Agriculture and Consumer Services standards. 37 38 Special Master. The Special Master for purposes of this Chapter shall be subject to the 39 procedures set forth in Sec. 2 -24 and ` Sec. 2 -25 of the City of South Miami code of 40 ordinances. 41 42 Specimen Tree; A tree with any individual trunk, or if a multiple trunk tree, the sum of the 43 diameter of all trunks, which has a diameter at breast height (DBH) of 18 inches or greater, but I 44 I not including the following: 45 (a) Non- native fruit trees that are cultivated or grown for the specific purpose of producing 46 edible fruit including, but not limited to, mangos, avocados or species of citrus; 47 48 (b) All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, which have a Page 4 • �.. �T, R"4.,i:.i, ..., r+'SrE - c"M,- . -.�. -x x�, ..- .-�^.— k,..A-��sr ;:: ��'t',�n2.. �5'�.s�;'",,a�, "`i .._ ,?`�z,' = '�^„i =- ,�'.`: , v,.*�^°:r ., ..r��.-� „v,� :csr`.�.�^ya�n+ -^,. 1 minimum overall height of 15 feet. - 2 Page 5 3 Vic) All nuisance trees are specifically determined to not be specimen trees 4 5 Spread: The aerial extent of the branches and foliage of a tree. 6 7 Stems: The main upward axis of a tree, having nodes bearing in- leaves above the round 8 serving to support the tree and to transport and store food materials 9 10 " Tree. Any self - supporting perennial plant that has a diameter at breast height (DBH), of two or 11 more inches with a minimum height of 12 feet above grade. 12 13 Tree Abuse: Tree abuse shall include: 14 15 ' a. Damage inflicted upon any part of a tree, including the root system,' by machinery, 16' construction equipment, cambium layer penetration, storage` of materials, soil compaction, 17 excavation, chemical application or spillage or change to the natural grade; 18' b. Hatrackinq 19' 20 c. Girdling or bark removal of the trunk; 21 22 d. Tears and splitting of limb ends or peeling and stripping of bark resulting from improper 23 proper pruning techniques not in accordance with the current ANSI A300 Standards; or 24 25' e. Excessive root cutting. 26 27 f. Damage inflicted to or cutting upon a tree which permits infection or pest 28 infestation. 29 30 g. Cutting upon any tree which destroys its natural shape. 31 32 h. Use of climbing spikes. 33 34` i. Fastening any sign, rope, wire or object by nail, staple, chemical substance, or 35 other adhesive means to, through or around any tree. 36 37 j. " Any pruning in violation of the practices established by the National Arborist 38 Association. 39 40 k. ' Any act that would cause a tree to become' nonviable. 41 42 Tree Removal: 'See definition under Sec. 20- 4;5(A). 43 44 Tree Removal Permit; The permit required to remove and /or relocate existing tree(s) on or from a 45 subject property. 46 47 Tree service /arborist: Any person, company, corporation or service which, for compensation or a Page 5 1 fee, performs tree maintenance and protection. 2 (C) Applicability, 3 (1) The provisions of this article shall apply to all public or private property within the City 4 unless expressly exempted by law., 5 (2) Any tree removal on °a public or private right -of -way or on property owned by the City 6 shall also be subject to the requirements of this Section which requires -a permit from Public 7 Works. 8 (3) All mangrove trees and any tree located upon land which is wetlands as defined in Section 9 373.019, Florida Statutes as amended from time to time, shall also be subject to the permitting 10 requirements of Chapter 24 of the Miami -Dade County Code, as amended. T1 12 (D) Authority to supervise, enforce, modify and supplement regulations. 13 14 (1) The enactment and enforcement of the regulations in this section is provided for and 15 consistent with the provisions set forth in Florida Statutes 163.3211 and 163.3213(2)(b)' i 16 17 (2) Planning Department. It shall be the duty of a designated representative of the Planning 18 Department to supervise compliance with the regulations contained herein and to cooperate 19 with, and assist, the code enforcement division in the prosecution of any regulation violation 20 cases. 21 22 (3) Code Enforcement Division. It shall be the duty of the code enforcement division to 23 prosecute violations of the regulations contained herein. The Code Enforcement Division may 24 prosecute violations in conjunction and cooperation with the Planning Department or on its own' 25 initiative. 26 27 (4) Special Master. The special master shall have the authority to hear and decide appeals as set forth 28 in Section 20 -4.11 (M) and to enforce the provisions set forth on Section 20- 4.11(0)(3) as it 29 pertains to irreparable or irreversible violations.' 30 31 (5) City Commission. The City Commission will receive and review all recommendations referred to 32 it by the Planning Board for modification of existing regulations or the addition of supplementary 33 regulations. Any decision to enact regulation modifications or supplementary ;regulations shall 34 remain within the sole and exclusive legislative jurisdiction of the City Commission. 35 (E) Tree Removal Permit - Applications. Do- 36 37 (1) Permit, When Required. A tree removal permit shall be required for the removal or relocation of 38 any tree within the City unless exempted by Section 22.03. A tree removal permit shall 39 also be required for the pruning or trimming of more than 25 percent of the canopy of a 40 tree. No person, or representative thereof, shall directly or indirectly cut down, remove 41 relocate or effectively remove through tree abuse any tree situated within the City without first Page 6 I obtaining a tree removal permit as hereinafter provided. No building permit for any work that has 2 the potential to affect trees including new construction additions, 'carports pools decks fences 3 driveways, parking lots, tennis courts, demolition, or similar work, shall be issued by the Building 4 ` Department unless the Planning Department has determined that no tree removal permit is required or that 5 a valid tree removal permit has been issued in accordance with this section. 6 (2). Application Requirements. Applications shall be made on the form provided for that purpose 7 and shall include a written statement indicating the reasons for the removal or relocation of each tree. The 8 following documentation and any applicable fees shall accompany applications., 9 (a) For applications for tree removal in conjunction with new construction including additions 10 pools and decks, <a tree survey drawn to scale identifying the species and listing the height, spread 1 T and diameter of all existing trees shall` be provided, Said survey shall be prepared by a Professional 12 Land Surveyor, licensed in the State of Florida. In addition, the applicant shall submit site photographs 13 with the trees in question identified. 14 (b) For applications for tree removal in conjunction with an other activity requiring a building 15 permit or for any other tree removal, a site plan drawn to scale identifying the species and 16 listing the height, spread and diameter of all existing trees shall be provided.' Said site plan may be 17 limited to the immediate area of the proposed work, and photographs of the existing trees 18 within said area may be acceptable in lieu of tree identification regarding species, height, spread and 19 diameter. 20 21 (c.) A tree disposition plan drawn to scale identifying and listing all existing trees and specifying 22 the condition of each tree and whether said trees are to remain, to be removed and /or to be 23 relocated. The plan shall also illustrate the location of all existing structures and/or all proposed new 24 construction, as applicable, the location of any overhead and/or underground utilities and the new 25 locations of existing trees to be relocated on site. For applications involving the construction of a 26 new,building(s) the tree' disposition plan shall be prepared by and bear. the seal of a landscape 27 architect currently licensed to practice in the State of Florida. 28 29 (d) A tree mitigation plan prepared in accordance with Section 20 -4.11. l 30 31 i nr ;�ifig lab@i 32 33 34 35 36 (e) An application fee as set forth herein in Section 20- 4.11(F). " 37 (F) Tree Removal Permit- Fees 38 (a) An application fee of $50 Q for each tree which is to be subject to removal with a'maximun 39 fee of $500. 40 (b) Fees set ' forth herein shall also be established pursuant to Ordinance No. 15 -04 -1822, as 41 amended, "Planning` Processing Fee Schedule," of the City of South' Miami. Applications from 42 government agencies for tree removals solely in areas dedicated to public use may, at the discretion 43 of the City Commission, be exempted from application fees and permit fees. Page 7 1 2 (G) Tree Removal Permit- Review of Application 3 Upon receipt of a completed as application the Planning Department hereinafter referred to as 4 Department shall review the application for compliance with the regulations as set forth in this section 5 such review shall include a field inspection of the site and, referral of the application to other 6 departments or : agencies as necessary, Within 15 calendar days of the receipt of a completed 7 application, the Department shall issue an a preliminary decision approving, denying or approving with 8 conditions said application. 9` to (H) Tree Removal Permit- Notice 11 Within 24 hours of the issuance of a preliminary decision to approve an application for a tree removal 12 permit, the Planning Department shall: 13 14 (a) Notify the applicant in writing and post a notice at City Hall and on the City's web site. 15 Notice shall also be provided to the City Manager and City Commission. 16 17 (b) Mail a copy of the preliminary decision to the owner of the subject property, 18 19 04. The notice shall set forth the date on 20 which the prelimuinary decision will become final and a permit issued. The notice shall also 21 advise receipients of the appeal provisions set forth in Section 20 -4.11 (M). 22 23 (c) Provide to the applicant a posting notice advising of the decision. The applicant shall 24 be responsible for posting the notice of the preliminary decision on or adjacent to the property 25 in a location visible to the general public. The posting is to remain visible on the subject 26 property for 10 calendar days from the posting date. Failure to post the notice or maintain the 27 post in an area visible to the general public shall invalidate the application. 28 (1) Tree Removal Permit - Issuance of Permit 29 If no appeal in accordance with Section 20- 4.11(M) is timely filed within 10 calendar days of the 30 issuance of the preliminary decision, the tree removal permit if originally approved by the Planning 31 Department shall become final and a permit shall be issued. The property owner shall be responsible 32 for insuring that the tree removal permit is displayed until the authorized work is completed. 33 (J) Tree Removal Permit - Final Inspection 34 No later than six months following the completion of the authorized' work, the applicant shall 35 schedule a final inspection with the Planning Department for verification and acceptance of the 36 final authorized work. Failure to comply with the permit conditions shall be considered as a violation 37 and shall be subject to enforcement and penalities as set forth in Sections 20-11 (N)(0). 38 (I) Tree Removal Permit- Criteria and Conditions for 44w Removal and 39 Relocation. 40 Page 8 w , pwz E 1 (1) Criteria for Tree Removal. No permit shall be issued for tree removal from the site unless one 2 of the following criteria exists: 3 4 (a) The tree is located in the buildable area or yard area where a structure or improvement may 5 be placed and unreasonably restricts the permitted use of the property. 6 7 (b) The tree is diseased injured or in danger of falling interferes with utility services creates 8 unsafe vision clearance or is in danger of materially impairing the structural integrity of an existing. 9 or proposed structure. 10 11 (c) The tree is an exotic tree species and will be replaced with a native tree species to promote 12 good forestry practices; creates a health hazard interferes with native tree species or creates a 13 negative impact on natural land features such as rock outcroppings, sink holes or other geological. 14 historical or archeological features. 15 16 (d) It is in the general welfare of the public that the tree be removed for a reason other than set 17 forth above, as determined by the Planning Department. 18 19 (2). Conditions for Tree Removal, Relocation and Replacement. Any or all of the following 20 conditions may required: 21 22 (a)' The applicant may be required to redesign the project to preserve' specimen trees or any other 23 tree determined by the Planning Department to be of substantial value due to its species size age 24 form and /or historical significance, and to provide an alternate plan, when feasible, which shall 25 include the preservation of said tree(s); and design alterations within the scope and intent of the 26 initially proposed plan. 27 28 (b) Where practical specimen trees or an other tree determined by the Planning Department to be of 29 substantial value due to its species size age form and/or historical significance, that is proposed' for 30 removal shall be relocated on or off- -site. The applicant shall adhere to acceptable tree relocation 31 specifications, in accordance with ANSI A300 Standards. 32 33 (c) If it is impractical to relocate said tree(s) either on or off -site, because of age, type or size, the 34 applicant shall be required to replace all trees permitted to be removed in accordance with the tree 35 mitigation requirements in Section 20 -4.1 l(K); 36 (d) The Planning Department may require that the applicant provide a written report from an 37 independent Certified Arborist before making any determinations in conjunction with this 38 section. The Department may also require monitoring by a Certified Arborist during construction 39 to assure tree preservation. 40 (L) Tree Removal Permit- 44w Mitigation 41 (1) Tree Mitigation Chart. The Tree Mitigation Chart, below, shall be used to determine the total 42 number and size of :trees that shall be planted as mitigation for all trees permitted to be, 43 removed. Mitigation is based on the diameter in inches (DBH) of the trees to be removed. To 44 determine the required mitigation, calculate the total sum in inches of the diameters of all trees 45 to be removed. This sum` will result in one, single number in inches that represents the Page 9 1 combined total of the diameters of all trees to be removed. Diameter measurement shall be 2 rounded up to the nearest inch. 3 4 5 Tree Mitigation Chart Total diameter of tree(s) to be Total number of Total number of replacement removed (Sum of inches at replacement :trees required trees required (4" DBH DBH) (2" DBH minimum each; OR minimum each; l6' minimum 12' minimum height) height), 211-3" 1 or : 0 4" — 6„ 2 or 1 711— 12 4 or 2 13" -18" 6 or 3 19" 24" 8 or 4 25" — 30" 10 or 5 31" — 36" 12 or 6 37" — 42" 14 or 7 43 "— 48" 16 or 8 49" — 60" 20 or 10 If the sum of the diameter of trees to be removed `exceeds a total of 60 inches, the additional Inches, shall be added cumulatively from the top of the chart, down to the bottom of the chart, to calculate the' number of trees required as mitigation. (2) Tree Species. Trees installed as mitigation shall be trees of native or non - native species. When more than 10 trees are installed as mitigation,' a diversity of species' shall be required as per the Tree Species Diversity Chart, below: Tree Species Diversity Chart Required number of trees Required minimum number o species 11-20 2 21-50 4 51 or greater 6 Page 10 1 (3) Prohibited Species, Mitigation shall not be required for the removal of any prohibited species except 2 Ficus altissima (Loft Fig) and Ficus benghalensis (Banyan Tree) and no fees shall be charged. 3 4 (4) Tree Quality. Trees installed as mitigation in accordance with this section shall- conform to, or 5 exceed, the minimum standards for Florida Number One as provided in the most current 6 edition of " Grades and Standards for Nursery Plants, Part I and II, " prepared by the Florida 7 Department of Agriculture and Consumer Services. Trees shall be planted according to sound nursery 8 practices as illustrated in the Landscape Manual. 9 10 (5) Off -Site Mitigation. If the total number of trees 'required as mitigation cannot be reasonably, 11 planted on the subject property the applicant may enter into an agreement with the City as approved by 12 the Planning Department, to plant the excess number of replacement trees on public property within 13 the City. 14 15 (6) Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably planted on 16 the subject property, but as an alternative to the off -site mitigation provided in Section 20- 4.11(K)(5), the 17 applicant may contribute into the City's Tree Trust Fund the sum of five hundred dollars ($500.00) for 18 each 2" DBH tree required as mitigation in accordance with Section 20- 4.11(K)(1). 19 20 (M) Tree Removal Permit- Appeals, Appellate Fees 21 (1) Appeals to the Special Master. The property owner, the applicant, or any aggrieved party 22 having standing under Florida law, may 'appeal to the Special. Master as established in 23 accordance with Section 2 -24 of the South Miami Code of Ordinances any decision of the 24 Planning Department on matters relating to applications for tree removal permits by filing within 25 10 calendar days after the date of the preliminary decision a written notice of appeal to the 26 27 28 Planning Department. The notice of appeal shall set forth concisely the decision appealed from 29 and the reasons or grounds for the appeal. The Special Master shall hear and consider all facts 30 material to the appeal. The Special Master may, affirm, modify or reverse the decision of the 31 Planning Department. All appeals to the Special Master shall be accompanied by a fee of one 32 hundred and fifty ($150) dollars. 33 34 35 36 , ,, 37 38 Page 11 I (a) Notice. The Code Enforcement Division shall mail a notice of the time and place 2 of the Special Master's consideration of the appeal shall be mailed at least 10 days in 3 advance of the hearing to the owner of the subject property,, the appeal appellant, and 4 the owners of the 'adjacent properties. 5 6 7 (2); Appeals to City Commission. The property owner, the applicant, the Planning Department or an 8 aggrieved party having standing under Florida law may appeal to the City Commission a decision of 9 the Special Master on matters relating to applications for tree removal permits by filing within 15 10 calendar days after the date of the decision a written notice of appeal with the City Clerk. An 11 appeal filed pursuant to this section shall be accompanied by a fee of one hundred and fifty ($150) 12 dollars. The notice of appeal shall set forth concisely the decision appealed from 13 and the reasons or grrounds for the appeal. 14 15 16' ad 17 , 18 20, (a) Notice. The City Clerk shall mail a notice of the time and place of the 'City 21 Commission's consideration of the appeal shall be mailed at least 10 days in advance of 22 the hearing to the owner of the subject property, the appeal appellant, and the owners 23 of the adjacent properties 24 25 (d) The City Commission shall hear and consider all facts material to the appeal and may 26 affirm, modify or reverse the Special Master's decision. The decision of the City 27 Commission shall constitute final administrative review, and no petition for rehearing or 28 reconsideration, shall be considered by the City. Appeals from decisions of the City 29 Commission may be made to the courts as provided by the Florida Rules of Appellate 30 Procedure. 31 32 (3) No Tree Removal Permitted During An Appeal. Upon timely submission of an appeal made 33 pursuant to the requirements of this section, no removal of any trees which could be affected by 34 the subject appeal shall occur, pending final disposition of the appeal'.- 35 36 (N) Tree Protection 37 (1) Tree Protection during Construction. Trees shall be protected during construction through the use 38 of protective barriers in accordance with the Landscape Manual. Trees that are to remain shall be clearly Page 12 I identified with tags, A protected area with a radius of 10 feet shall be maintained around trees to remain in 2 accordance with the Landscape Manual, unless a certified arborist otherwise determines in writing that a 3 smaller or larger protected area is acceptable for each tree, or an alternative tree protection method is 4 recommended, 5 6 (2) Understory plants within; protective barriers shall be protected. 7 8 (3) No oil, fill, equipment, building � materials' or building debris shall be placed within the areas 9 surrounded by protective barriers, nor shall there be disposal of any waste materials such as paints, 10 oils, solvents, asphalt, concrete, mortar or any other materials, including chemicals, _harmful to trees 11 or understory plants within the areas surrounded by protective barriers. 12 13 (4) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict 14 damage to the tree. 15 16 (5) Natural grade shall be maintained within protective barriers. In the event that the natural grade of 17 the site is changed as a result of site development, such that the safety of the tree may be endangered, 18 tree wells or retaining walls are required: 19 20 (6) Underground utility lines shall be placed outside the areas surrounded by protective barriers. If 21 said placement is not possible, disturbance shall be minimized by using techniques such as tunneling. 22 23 (7) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and 24 trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such 25 as discontinuous footings, to avoid damage to major roots. 26 27 (8) During demolition and /or development, including installation of irrigation systems or any other 28 29 underground installations, protective barriers shall be placed around' each tree and shall remain in order 30 to prevent the 'destruction or damaging of roots, stems or crowns of such trees. The barriers shall 31 remain in place and intact until such time as approved landscape operations are completed however 32 barriers may be removed temporarily to accommodate construction needs, provided that the manner 33 and purpose for such temporary removal will not harm the trees. The trees shall be properly irrigated 34 throughout the building process. Trees damaged during construction shall be subject to the provisions of 35 Section20- 4.11(0). 36 37 (9) Tree Pruning /Trimming. The pruning or trimming of any tree shall be in accordance with 38 Guidelines in the Landscape Manual. No more than 25 percent of a tree's living canopy shall be removed 39 within one -year period. The practice known as "hat racking" is not permitted and shall be considered 40 a violation of this article. Any other tree abuse, or activity that can effectively destroy a tree, shall also be 41 considered a violation of this article. A violation of this section of the code shall be mitigated in 42 accordance with Section 20- 4.11(0). 43 (0) Enforcement 44 (1) Jurisdiction. The Code Enforcement Division shall have jurisdiction for the proper and effective 45 enforcement of this section. The Division shall have the right to inspect subject properties in 46 accordance with the approved tree removal permit and the provisions of this Section. Page 13 I (2)_Individual Enforcement. Each tree removed without a tree removal permit shall constitute a 2 separate and distinct violation and shall be the subject of individual enforcement. 3 (3). Tree Viability After Project Completion. If the - Division-determines that a tree is not viable, 4 alive and growing one year after all associated development activity on the property is 5, completed the Division shall require that said tree be replaced with the same tree species and 6 size which was originally planted or relocated, as per the approved tree removal permit. 7 (P) Penalties, Remedies Cumulative a 9 (1) Fine. Any person, or agent thereof, who removes a tree without a tree removal permit, shall be 10 fined $500 per violation plus mitigation in the form of replacement trees. Each tree removed 11 without a tree removal permit shall constitute a separate and distinct violation, subject to a separate 12 fine and mitigation. This provision does not apply to the exemptions set forth in Sec. 20- 4.11(P) 13 (2) Tree Mitigation Required. In addition to the monetary fine established above, the planting of 14 replacement trees shall be required. The number of trees required as mitigation for each tree that 15 was removed without 'a permit shall be based upon the Tree Mitigation Chart for Trees 16 Removed Without a Permit, below. If the total number of trees required as mitigation 17 cannot be reasonably planted on the subject property, the applicant may contribute into the 18 City's Tree Trust Fund' in,an amount based upon Chart below. Mitigation shall' be achieved no 19 more than sixty (60) days after the violation has been committed. 20 21 22 Tree Mitigation Chart for Trees Removed Without a Permit 23 24 Diameter (DBH) of Number of Number of OR Contribution each tree ; removed replacement trees' replacement trees into Tree without a permit required (2" ` DBH OR required (4" DBH Trust Fund minimum each; 12'' minimum' each 16' minimum height) minimum height) 2" _319 1 or $1,000 4" _J6» 2 or $2,000 7" _ 12„ 4 or $4,000 13" -18" 6 or $6,000 19" — 24" 8 or $8,000 25" — 30 10 or $10,000 31 "'- 36» 12 or $12,000 37" 42" 14 or $14,000 43" - 48" 16 or $16,000 49" — 60" 20 or $20,000 25 26 (3). Irreparable or Irreversible Violations. In the event the Special Master finds the removal of any 27 tree without the required permit to be irreparable or irreversible in nature it may impose a fine not to 28 exceed five thousand ($5,000) dollars per violation or a greater penalty as provided by law, plus 29 mitigation in the form of replacement trees. In determining the amount of the fine the Special 30 Master shall consider in accordance with Section 162.09, Florida Statutes, as amended, the following Page 14 I factors. 2 3 (a). The gravity of the violation: 4 (b) Any actions taken by the violator to correct the violation; and 5 (c ) Any previous violations committed by the violator. 6 7 (4) Withholding of a New Building Permit. The ', removal of any tree in violation of this section shall 8 constitute grounds for withholding new building permits directly related to said tree removal 9 until the violation has been corrected, including the payment of all fines and the planting of all trees required 10 as mitigation pursuant to this section. Alternatively in order to obtain the new building. permit 11 the person in violation may post a payment and performance' bond pursuant to 255.05 of the 12 Florida Statutes naming the City of South Miami as Obligee. The bond shall be in the amount 13 of ten percent of the construction cost or ten percent of the appraised value of the property if no 14 construction exists, The bond will be maintained in place until the violation has been corrected, 15 pursuant to this section. In the event a bond is not feasible, the City may accept an irrevocable, 16 unconditional letter of credit, in the previously stated percentages, naming the City as Payee. 17' This section shall not apply to complete applications submitted to the City on the effective date of this 18 ordinance.. 19 20 (4) Withholding of a Certificate of Occupancy. The Planning Department shall not approve the 21 zoning inspection required for a temporary or final Certificate of Occupancy until all violations 22 of this section have been corrected including the payment of all fines and the planting, of all 23' trees required as mitigation, pursuant to this section. 24' (6) Remedies Cumulative, The 'remedies provided in this section shall- be cumulative to all 25' remedies provided by law and /or equity and the election of one shall not preclude the other. 26 (7). Costs and Fees: In the event the City institutes any civil action to enforce the terms of this 27 section ;in a court of competent jurisdiction the City shall be entitled to recover the fines 28 imposed pursuant to the violation(s)', the cost of trees required as mitigation, the costs 29 associated with the investigation and prosecution inclusive of a reasonable attorney's fee for 30 the prosecuting attorney together with any equitable and legal remedies deemed reasonable and 31 proper by the court. 32 (Q) Exemptions 33 The following are exempt from the provisions of this article; 34 (1) Any tree growing in a botanical garden or a licensed plant or tree nursery business. 35 36 (2) In the case of a_declared state of emergency by the City Commission wherein the City Manager 37 determines in writing that tree removal permitting requirements will hamper private or public work to 38 restore order to the City. 39 (3) The removal of `a tree during or following an emergency such as an act of nature or a life 40 safety issue. Page 15 1 (4) Nothing in this article shall be construed to prevent the pruning or trimming of trees where 2 necessary for proper landscape maintenance and safety, provided that no more than 25 percent of the 3 crown or foliage is removed. ..,g., 4 5 (5) Removal of any dead tree. 6 7 (6) Removal of any of the following nuisance tree species: 8 9 SPECIES COMMON NAME` 10 11 Acacia Auriculiformis Earleaf Acacia 12 13 Albizzia lebbeck Woman's Tongue 14 15 Araucaria heterophylla Norfolk Island Pine 16 17 Bambusa Tree Bamboo 18 19 Bischofia javanica Bischofia 20 21 Brassaia actinophylla Schefflera 22 23 Casuarina spp Australian Pine 24 25 Cupaniopsis anacardiodes Carrotwood 26 27 Enterolobium cyclocarpum Ear Tree 28 29 Eucalyptus spp Eucalyptus 30 31 Ficus spp Ficus 32 33 Grevillea robusta Silk Oak 34 35 Hibiscus tiliaceus Mahoe 36 37 Melaleuca quinquenervia Melaleuca 38 39 Metopium toxiferum Poison Wood 40 41 Psidium quajava/littorale Guava 42 43 Ricinus communis Castorbean 44 45 Sapium sebiferum Chinese Tallow Tree ` 46 47 Schinus terebinthifolius Brazilian Pepper 48 Page 16 ..,g., 1 Syzygium cumin Java Plum 2 3 Thespesia populnea Mahoe 4 5 6 (R) Public Property Planting and Maintenance Standards 8 (1) The planting and removal of trees in the public right -of -way shall be the responsibility of the 9 Public Works Department. 10' 11 (2) Notwithstanding anything contained in this section to the contrary, the city shall have the sole and 12 exclusive right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all 13 ` streets, alleys, avenues, lanes, squares and public areas, as may be necessary to insure 'public safety or 14 to preserve or enhance the symmetry and beauty of all public grounds. The city may remove or cause 15 to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its 16 nature constitutes a public nuisance or is injurious to sewers electric lines,, water lines or other public 17 improvements, or is afflicted with any injurious fungus, insect or pest. This section does not prohibit 18 the planting of trees adjacent to any public ways by adjacent property owners 19' provided that the trees are properly placed and maintained in accordance with tree planting and 20 maintenance standards. 21 22 (S) Emergency Provisions 23' 24 In the event that it is believed that any tree in the City is in a hazardous condition so as to endanger 25 the public health, safety and general welfare unless it is immediately removed, the City Manager, or 26 his designee, may verbally authorize the removal of such tree following a personal inspection of the 27 subject tree without the securing of a removal permit as required by this section. In addition, the 28 provisions and requirements of this section may be temporarily stayed by a majority vote of the City 29 Commission following the occurrence of a hurricane, tornado, flood, or other natural disaster. 30 31, 32 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 33 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the 34 validity of the remaining portions of this ordinance. 35 36 Section 4. All ordinances or 'parts of ordinances in conflict with the provisions of this 37 ordinance are repealed. 38 39 Section 5. This ordinance shall take effect immediately upon enactment. 40 41 42' PASSED AND ADOPTED this day of 52006. 43 44 ATTEST: APPROVED: 45 46 47 CITY CLERK MAYOR Page 17 ,e , 1 2 l" Reading 3 2 Reading 4_ s COMMISSION VOTE: 6 READ AND APPROVED AS TO FORM Mayor Feliu: 7 Vice Mayor Wiscombe: -8 Commissioner Palmer:' 9 Commissioner Birts 10 CITY ATTORNEY Commissioner Beckman: 11 12 13` 14 E: \Comm Items \200.6 \5- 16- 06 \LDC Tree Ordinance Revised 1st Reading doc 15 Page 18 so U r South Miami F All- Americaffift INCORPORATED 1927 CpRY9 2001 To: Honorable Chair and Date; April 11, 2006 Planning Board Members From: Don O'Donniley Re: LDC Amendment: Planning Director Tree Protection Regulations PB -06 -002 Applicant: City of South Miami AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MAI III, FLORIDA TO REMOVE SECTIONS 20 -4.5 (I), (I), (J), (I), (L), 04) and (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT' APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLiCT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND In 2005' the City Manager at the direction of the City Commission was requested to update and strengthen the current Land Development Code regulations governing tree protection and tree removals. The current regulations are contained as a subsection within Section 20 -4.5, which is identified in the Land Development Code as Landscaping and Tree Protection. The proposed updating of these regulations are included in the attached draft ordinance. PREVIOUS LEGISLATION The current legislation before the Board' is a' slightly different draft than what the Board reviewed at its January 10, 2006 meeting. - That draft was one prepared by the previous City Manager and her staff. The Planning Department was directed to process that draft which was an amendment to the Land Development Code. It was recommended for approval by the Board. When that legislation was presented to the City Commission on March 7, 2006' it was discovered that a different draft, an amendment to the Cily Code, had been prepared for Vice Mayor Wiscombe by the City Attorney. The Commission deferred action at that time and requested the Planning Board to consider the draft prepared by the City Attorney. The Planning Department has reviewed the City Attorney's prepared draft and has determined that is basically similar to the Land Development Code amendment which was previously LDC Amendment April 11, 2006 Page 2 of 3' before the Board. It does contain certain provisions which are superior to the earlier draft. The staff has taken the City Attorney's draft and supplemented it with provisions from the previously reviewed legislation and added some 'revisions necessary to make the legislation a Land .Development Code amendment. In addition language was added to clarify the permit review process and the appeal section. The proposed revisions are shown in bold and underlined with wording removed shown with a strike through. PROPOSED AMENDMENT The specific' amendment;, would replace seven subsections (H N) of Section 20 -4.5 that were part of the LDC Landscaping regulations. The amendment creates a separate Section 20 -4.11 entitled "Tree Protection for All Zoning Districts ". The revised regulations are a significant improvement over the existing provisions. The following is a summary of the major changes: expanded list of definitions; clarification of review and enforcement responsibilities; • clarification of the process' `needed to obtain a tree removal permit including notification of abutting owners and posting of the property before a removal decision is finalized • new standard for tree replacement/mitigation- from canopy replacement to width of tree trunk; detailed list of standards for protecting trees; • creation of a process allowing for an appeal of a tree removal permit decision to the City's Special Master with an final appeal to the City Commission; expansion of penalties and remedies that the City can use to enforce compliance, including the use of the Special Master and ,specific penalty fees; • clarification of tree species which -are exempt from requirements for removal permits. STAFF OBSERVATIONS - (1) It is important to note that use of the special master for tree removal permit appeals will require a''future amendment to City Code Sec. 2 -24. (2) The 'staff is concerned about provisions set forth in sub- section (M)(1) Appeals to the Special Master (pp. 13-14). This section allows for an appeal to a tree removal permit to be filled by the applicant, an abutting property owner, or environmental or homeowners group` with a member within 500 feet. This essentially would not allow nearby property owners to file an appeal unless they are members of the environmental group or the homeowners group. This section should be clarified to simply allow the "applicant for the tree removal permit and any property owner within 300 feet (a more reasonable radius) to file an appeal ". (3) Both subsections (M)(1) and (2) provides for an appeal fee but then allows for the fee to be waived if it is filed by an the applicant, an abutting property owner, or environmental or homeowners group with a member within 500 feet, An appeal will cost the City in terms of staff time, notification and mail costs. The attached draft has been modified to show that both the appeal fees to the special master ($150) and to the City Commission ($ 500) should not be waived. ,. LDC Amendment April 11, 2006 Page 3 of 3 RECOMMENDATION It is recommended that the revised regulations for tree protection (LDC Section 20- 4.11) be approved with the modifications suggested above in staff observations (2) and (3). Attachments: Draft Ordinance Existing LDC regulations on tree protection Public Notices DOD /SAY E :\PB\PB Agendas Staff Reports\ 2006 Agendas 'Staff Reports \4- 11- 06\PB -06 -002 LDC Amend Tree Report.doc ,:-•a ,sue,- ��- .-- *,.�,..�.�..- �:,,ssa ..r� -.. -^c. .s- .. �. ,-"- �'�*....,.�t ,�,.,, -,.� ..,. �-i?�`: e�" s�= �;r -�r,., ,_,?- .,;� -� �t Published. Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI- DADE:` Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily ,(except ,Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 5 /16/2006 in the XXXX Court, was published in said newspaper in the issues of 05/05/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade" County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal, Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that heor . she has neither paid nor promised any person, firm or corporation, any discount, rebate, commission or refund for the purpose of securing # 's advert' "e. for publication in the said newspape. ��/ Sworn to and subscribed before me this 05 day of MAY A.D. 2006 (SEAL) Chary! H Mam�er O.V. FERBEYRE personally krlp e • My Commission IDD338650 is JuV 13. as pempodve pancakes! NEIGHBORS CALENDAR Nothing goes better with breakfast than The Miami Herald, delivered. 'CALENDAR, FROM 24 ties; 2 p.m. second Sundays; Crandon ' Hammock: Explore the tropical hard- Park Visitors and Nature Center, 6767 "wood hammock rich insub-tropical 1-800-441-0444 Crandon Blvd., Key Biscayne; free. trees, shrubs, ferns and epiphytic (100.7) morning personality Footy; 305- 365 -3Q18. plants (airplants), while on a natural - ASSSg benefits the Diabetes Research Insti- Taking Time - Making Time For Car- ist- guided tour; meet in the nature tute; noon May 17; Miccosukee Golf ing: Jean Watson; a pioneer in -nurs- trail parking lot across from the picnic and s Dr, eClub, t Mi 6401 ade; $ e ing theory, leads the special program; area; 2-3 p.m May 14; utter Ron Coral Lakes Drs, West Miami -Dade; $350 ' she discusses her groundbreaking mock Park, 9610 Old Cutler Rd. Coral PUNTA CANA SPECIAL per player. 954-964-4040 or Caring Theory, upon which the nurs- Gables; $3.305- 662 -4124 for reserrva- 800- 321 -3437. ing philosophy at the hospital is tions CANA �c * * ** GRANBAIAA REPU PUNTA TACA DOMINICANA Summer Spree Auction: Features based; 8 a.m.- noon May 16; Kendall Wynwood Gallery Walk: More than dinner buffet; hors d'oeuvres, wine, Regional Medical Center, 11750 SW 40 local galleries and studios in raffle prizes; live and silent auctions 40th St., Kendall; $59, free for HCA i Wynwood Art District open to the Standard Jr. Suites Accommodations With Jacuzzi plus live entertainment by Jeff Zavac Healthcare Company employees;' public for an evening of art. The dis- All Packages Include; and Friends and a special perfor- breakfast included; 305 - 229 -2482. trict extends east from Northwest mance by Jose Antonio'Carballea. Waterfest: Families can view interac- '.Sixth to Northeast Second avenues Round Trip CharterAirVia Falcon or Miami Air, Airport Transfers, 7 Nights HOtel Proceeds benefit ARC South Florida : tive water - oriented educational dis- and north from Northwest 17th to Accommodations/All Inclusive /All Meals, Drinks, Taxes, All Entertainment (Association for Retarded Citizens); plays, taste water from over 30 differ- Northwest 36th streets; 7 -10 p.m. sec- Including lvita and Others. All Features At Hotel. Lobster Served Daily. g Y 5:45 p,m. May 11; Airport Marriott ent places around the world, and slide and Saturdays; free; access May 27 $779 June 25 $751 Hotel, 1201 NW LeJeune Rd., Miami; down a water slide; 1-5 p.m. May 13; www.wynwoodartdistrict.com for full $35.305- 759 -8500 ext.141. Marjory Stoneman Douglas Biscayne list of galleries. June 4,10 /May 28 $734 July 1, 8 $871 Sundays'til Sundown: Come relax, Nature Center, 6767 Crandon Blvd., listen to live music by Deblois and • Key Biscayne; free; $5 parking fee. ART June $596 July $768 learn something new about man- 305- 361 -6767 June 18,11,17 $779 July i5, 22, 29 /Aug. 5 $871 groves through arts- and- crafts activi- Woodland Trail Tour at Matheson Adamar South at Pop n'ArtGallery: June 24 $790 July 16, 23, 30 / July 9 $885 Child $395 -Two Children $645, 305 - 373 -3361 - INTERESTED IN A SUMMER INTERNSHIP? As corporate citizens with a keen �•, a °cTe interest in the quality of education in schools in NEWSPAPER the South Florida community, The Miami Herald would like to announce a summer COURTESY NOTICEl internship program for high school students. CITY OF SOUTH MIAMI' Our goal is to provide these students with � hands daily functions +' -on experiences of the of FLORIDA % �! . running a daily newspaper. This program will welcome, 40 high school students (grades llth On Tuesday, May 16, 2006, beginning at 7:30 p.m., in the City ` `ra or 12th) to work on projects in the media areas Commission Chambers, 6130 Sunset Drive, the City Commission �"'�, dp� of Advertising, Circulation, Finance, Human will hold a Public Hearing to consider the following item: = Resources, Marketing,, Technology and AN ORDINANCE OF THE CITY OF SOUTH, ZZ Production. We are particularly interested in stu- MIAMI, FLORIDA AMENDING THE LAND ` dents who possess the following skills: comput- DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE er literacy, bilingualism (Spanish or Haitian SECTIONS 20 -4.5 (H), (I), (J), (K), (L), (1Vi) and (N)' Creole) e l reo artistic and creative thinkers. This is an FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED' unpaid internship, however, we will provide let- LANDSCAPING REQUIREMENTS IN ORDER TO ters` for verifying flours for :community sere- PROVIDE FOR A NEW SECTION 20.4.11 TO BE ice/work-experience -credit. ENTITLED' TREE PROTECTION; CONTAINING. INTENT, DEFINITIONS AND APPLICABILITY; Criteria for Students PROVIDING FOR TREE , REMOVAL , PERMIT' ' APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL;' - Must be a high school student in 11 th or 12th grade PROVIDING FOR TREE MITIGATION AND - Must be willing to spend 10 -15 hours a week working at The Miami Herald building PROTECTION, APPEALS, ENFORCEMENT, ( One Herald Plaza in downtown Miamt PENALTIES AND REMEDIES; PROVIDING FOR ) SEVERABILITY, ORDINANCES IN CONFLICT, - Biweekly meeting with other interns to discuss your projects and your career interest AND PROVIDING AN EFFECTIVE DATE. ' - The internships will be either 3 weeks (6112 -6130) or (7/3 -7/21) or the full 6 weeks (6/12 -7/21) Inquiries concerning this item should be directed to the Planning and Zoning office at: 305- 663 - 6326 -Miami Dade County public school students may receive credit - Broward County students will receive community service hours credit ALL interested parties are invited to attend and will be heard. -A' mandatory Orientation will be held on Wednesday, June 7th from 9 -2pm Maria M. Menendez, CMC -Must, provide own transportation NNE City Clerk To apply for the Summer Internship Program Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission. log on to WWW.nieonline.com /miaml _ with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record inc-lu- des the a ' an [estiman .andsvideaco ¢ on which the 'appeal is t base1.`.: _ - _ - - .®an a cev Eno Na axa a�oao-mm uem060 S Now: �qab b:- dNemew. a §su4'.r ��n d. soul, South Miami an . INCORPORATED CITY OF SOUTH MIAMI ir 1927 a OFFICE OF THE CITY MANAGER c ° Rto INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Commissioner Jay Beckman Date: May %42006 Agenda Item No.: Subject: Miami -Dade County's Proposed Traffic Circle for the intersection of SW 64th Street & SW 67th Avenue Resolution: A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING MIAMI -DADE COUNTY'S RECOMMENDATION TO INSTALL A ROUNDABOUT AT THE INTERSECTION OF SW 64TH STREET & SW 67TH AVENUE; PROVIDING AN EFFECTIVE DATE Request: Accepting Miami -Dade County's recommendation to install a roundabout at the intersection of SW 64th Street & SW 67th Avenue. Reason /Need: To provide much needed traffic calming along SW 64th' Street & SW 67th Avenue corridors. Cost: No cost for design and construction of the roundabout. However, the County is asking the City to provide and maintain landscaping and irrigation in the proposed circle. Funding Source: Not Applicable. Backup Documentation: 0 Proposed Resolution 0 Conceptual design of the proposed circle. 1 RESOLUTION No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, ` ACCEPTING MIAMI -DADE COUNTY'S 5 RECOMMENDATION TO INSTALL A ROUNDABOUT AT THE INTERSECTION OF 6 SW'64T" STREET & SW 67TH AVENUE; PROVIDING AN EFFECTIVE DATE 7 8 WHEREAS, the Mayor and City Commission wishes to provide traffic calming at the intersection 9 of SW 64th Street & SW'67th Avenue; and 10 11 WHEREAS, the .Mayor and °City Commission accepts the recommendation of the County to 12 install a roundabout at the intersection of SW 64th Street & SW 67th Avenue and ask the County to 13 proceed with final engineering design and construction: and 14 15 WHEREAS, the Mayor and City Commission authorize the City ;Manager to work with Miami 16 Dade County on whatever steps it takes to accomplish the project. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 20 21 Section 1:_ That the City accepts the recommendation of the County to install a roundabout at 22 the intersection of SW 64th Street & SW 67th Avenue and ask the County' to proceed with final 23 engineering design land construction. 24 25 Section 2: That the Mayor and City Commission authorize the City Manager to work with 26 Miami -Dade County on whatever steps it takes to accomplish the project. 27 28 Section 3: This resolution shall take effect immediately upon approval 29 30 PASSED AND ADOPTED this day of 12006. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 38 39 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 40 Mayor Feliu: 41 Vice Mayor'Wiscombe: j 42 Commissioner Palmer: 43 CITY ATTORNEY Commissioner Birts 44 Commissioner Beckman: 45 46 48 49 50 51 52 53 54 Intersection Summary Page 1 of 1 Intersection Summary a; 21 aaTraffic SIDRA SW 67 Avenue & SW 64 Street Performance Measure Vehicles Persons Demand Flow 1983 veh /h 2380 pers /h Degree of Saturation 0.884 Capacity (Total) 4143 veh /h 95% Back of Queue (ft) 482 ft 95% Back of Queue (veh) 19.0 veh Control Delay (Total) 8.50 veh -h /h 10.21 pers -h /h Control Delay (Average) 15.4 s /veh 15.4 s /pers Level of Service LOS B Level of Service (Worst Movement) LOS C Total Effective Stops 1789 veh /h 2147 pers /h Effective Stop Rate 0.90 per veh 0.90 per pers Travel Distance (Total) 812.4 veh -mi /h 974.9 pers -mi /h Travel Distance (Average) 2163 ft 2163 ft Travel Time (Total) 29.5 veh -h /h 35.4pers -h /h Travel Time (Average) 53.6 secs 53.6 secs Travel Speed 27.5 mph 27.5 mph Operating Cost (Total) 378 $/h 378 $/h Fuel Consumption (Total) 40.1 ga /h Carbon Dioxide;(Totai) 379.4 kg /h Hydrocarbons (Total), 0.626 kg /h Carbon Monoxide (Total) 28.30 kg /h NOX (Total) 0.896 kg /h C \Documents and Settings \7CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA;2.0.3.217 Copyright© 2000 -2002 Akcelik &Associates Pty Ltd;" Generated 5/4/2006 7:41:52 PM VELP sv -1 SAY 1 1 2005 iEGINEF-R �► 0NSTSUr, file://CA\Documents and Settings \JCPE \Local Settings \Temp\ 1622AF.HTM 5/4/2006 ?'-3a Movement Summary Page 1 of 1 Movement Summary a', eli soci affiSIDRA SW 67 Avenue & SW 64 Street Roundabout Vehicle Movements Mov No Turn Dem Flow Cap Deg of Satn Aver Delay Level of 95% Back of Eff. Stop Aver Speed Oper Cost (veh /h) (veh /h) - (v /c) (sec) Service Q(ue a Rate (mi /h) ($ /h) South Approach 32 L 4 1585 0.278 5.3 LOS A 56 0.44 33.7 73 32 T 393 1585 0.278 5.3 LOS A 56 0.44 33.7 73 32 R 42`, 1585 0.278 5.3 LOS A 56 0.44 33.7 73 Approach 441 1585 0.278 5.3 LOS A 56 0.44 33.7 73 East Approach 22 L 100 1109 0.673 10.2 LOS B 225 0.77 30.7 123 22 T 545 1109 0.673 10.2 LOS B 225 0.77 30.7 123 22 R 101 1109 0.673 10.2 LOS B 225 0.77 30.7 123 Approach 746 1109 0.673 10.2 LOS B 225 0.77 30.7 123 North Approach 42 L 63 770 0.884 28.9 LOS C 482 1.39 22.6 159 42 T 537 770 0.884 28.9 LOS C 482 1.39 22.6 159 42 R 80 770 0.884 28.9 LOS C 482 1.39 22.6 159 Approach 681 770, 0.884 28.9 LOS C 482 1.39 22.6 159 West Approach 12 L 14 680 0.169 8.5 LOS A 29 0.66 26.5 23 12 T 82 680 0.169 - 8.5 LOS A 29 0.66 26.5 23 12 R 16 680 0.169 8.5 LOS A 29 0.66 26.5 23 Approach 115 680 0.169 8.5 LOS A 29 0.66 26.5 23 All Vehicles 1983 4143 0.884 15.4 LOS B 482 0.90 27.5 378 CADocuments and Settings \7CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5 /4/2006 7:42:59 PM fle://CADocuments and Settings \XPE \Local Settings \Temp\ 17253B.HTM 5/4/2006 degsatn, Page 1 of 1 Degree of Saturation =10i T Demand Volume / Capacity (v /c)'ratio SW 67 Avenue & SW 64 Street C: \Documents and Settings \7CPE \My Documents\ Rounda bouts\SW 67 Ave -& SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd ; Generated 5/4/2006 7:43:59 PM file WC:\Documents and Settings \XPE \Local Settings \Temp\ 181279.HTM 5/4/2006 Intersection Type' INOOM Awro. i I Roundabout € � t £ t 1 a � t '.�i lw �w1y , - C: \Documents and Settings \7CPE \My Documents\ Rounda bouts\SW 67 Ave -& SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd ; Generated 5/4/2006 7:43:59 PM file WC:\Documents and Settings \XPE \Local Settings \Temp\ 181279.HTM 5/4/2006 ctrldelayav Page 1 of 1 z Control Delay (Average) f=11kates T Average control delay per vehicle (seconds) SW '67 Avenue & SW 64 Street Intersection Type Voe*APOW Roundabout L_ . � E € mi k F i z " C: \Documents and Settings \JCPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:44:42 PM file:/ ADocuments'and Settings \JCPE \Local Settings \Temp\ 18B735.HTM 5/4/2006 geodelayav Page 1 of 1 Geometric Delay allil �e aaTmffilc SIDRA Average geometric delay per vehicle (seconds) SW 67 Avenue & SW 64 Street Intersection Type Roundabout t E M1 rim 11" Can t & fE$. ' ;rl 1 _ � I 1 C; \Documents and Settings \7CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:45:07 PM i file://CADocuments and Settings \JCPE \Local Settings \Temp\ 1919C8;HTM 5/4/2006 � ....- ,E -.-z , m- m..- �. -m-�. ,, .^ - - .�r�•_ �.,�,:. -.,-- ,,;:.. yr' u.:�+': , N .r ,�'?`�.. , _ �:. ^- -a- s - ,c�'v;, .- �a- T�'"::°�,R ---�— - C: \Documents and Settings \7CPE \My Documents\ Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:45:17 PM file://CADocuments and Settings \7CPE \Local Settings \Temp\ 1942BC.HTM 5/4/2006 - �- :u–,,..��.�-��'. v�f�'. � ° ^c, °'"�^-4,.`"�.,.°`,.�"�", ... >ri:: ,.a—;- s'• ,a'c, .�"^fiF"�= ..�,�»ss .,.,r^ --: c.— s-*; s _ __ _ _ - Intersection Type Roundabout i :232," { In i i - �{1,��. t Ut € Ma C: \Documents and Settings \7CPE \My Documents\ Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:45:17 PM file://CADocuments and Settings \7CPE \Local Settings \Temp\ 1942BC.HTM 5/4/2006 - �- :u–,,..��.�-��'. v�f�'. � ° ^c, °'"�^-4,.`"�.,.°`,.�"�", ... >ri:: ,.a—;- s'• ,a'c, .�"^fiF"�= ..�,�»ss .,.,r^ --: c.— s-*; s _ __ _ _ - aceflow. Page 1 of 1 z Approach, Circulating and Exiting iates Flows aaTraffic SIDRA Approach, circulating and exiting flow rates as used by the program (veh /h) SW 67 Avenue & SW 64 Street Intersection Type T m: O w A00#00 Roundabout i : { sI' �\ EE 1 ..I s .�,£ LA Vor* Wr C: \Documents and Settings \]CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3;217 Copyright© 2000 -2003 Akcelik & Associates Pty Ltd Generated 5/4/20067:45:56 PM file://C:\Documents and Settings \XPETocal Settings \Temp\ 19DA58.HTM 5/4/2006 <,...- •-_-mss ,e.n �,.,e -.^-r ..rim �r. -n_-r iirrm- ';:.:�+°`ts,+1",`nr vl...id ..i `': "F"'n"`, .,,fmiw ...i,F`, „£;:: „�;a .h '^ 3'R+.0 .'> F.. .aa-- - Intersection Type 1140fthA Roundabout } ,�, J-j { f`� t ; M(, ° inn ' f »� € \n $ i C: \Documents and Settings \]CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3;217 Copyright© 2000 -2003 Akcelik & Associates Pty Ltd Generated 5/4/20067:45:56 PM file://C:\Documents and Settings \XPETocal Settings \Temp\ 19DA58.HTM 5/4/2006 <,...- •-_-mss ,e.n �,.,e -.^-r ..rim �r. -n_-r iirrm- ';:.:�+°`ts,+1",`nr vl...id ..i `': "F"'n"`, .,,fmiw ...i,F`, „£;:: „�;a .h '^ 3'R+.0 .'> F.. .aa-- - userflow Page 1 of 1 Input Volumes aaTmffic SIDRA Total flow rates as given by the user (veh /60 min) SW 67 Avenue & SW 64 Street Intersection Type Igor,= Roundabout )jI 1�!� Jill I E � 3 Cd \Documents and Settings \7CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 1 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:46:08 PM i i file : //C :\Documents and Settings \XPETocal Settings \Temp\ 1A08BB.HTM 5/4/2006 los Page 1 of 1 Level of Service Based on Delay (HCM method) SW 67 Avenue & SW 64 Street C: \Documents and Settings \JCPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:46:191 PM file: //C :Documents and Settings \JCPE \Local Settings \Temp\ 1A31CF.HTM 5/4/2006 Intersection Type A,;p 0 N # Roundabout i i LJi IL}1f' i Mf.. F i WTI C: \Documents and Settings \JCPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:46:191 PM file: //C :Documents and Settings \JCPE \Local Settings \Temp\ 1A31CF.HTM 5/4/2006 Intersection Type 1400 tp w Roundabout W€ =-7 I j i ._, pit C: \Documents and Settings \JCPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik &Associates Pty Ltd Generated 5/4/2006 7:46:38 PM fileWCADocuments and Settings \JCPE \Local Settings \Temp\ lA7EC6.HTM 5/4/2006 C: \Documents and Settings \]CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced ',by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5 /4/2006 7:47 :13 PM fileWCADocuments and SettingsWPE \Local Settings \Temp\ 1B0646.HTM 5/4/2006 WO ,',OOtO Intersection Type Roundabout IV I Ml�aAT rim ALIS y 3 M £ j EE $ .....:....." ,.,�. Eye fi C: \Documents and Settings \]CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced ',by aaSIDRA 2.0.3.217 Copyright© 2000 -2002 Akcelik & Associates Pty Ltd Generated 5 /4/2006 7:47 :13 PM fileWCADocuments and SettingsWPE \Local Settings \Temp\ 1B0646.HTM 5/4/2006 Intersection Type Roundabout Lt+ M ,'. SO _ -__-_Jj r Jol Oor 2 ­; j {(( Ir+ t C: \Documents and Settings \7CPE \My Documents \Roundabouts \SW 67 Ave & SW 64 St Produced by aaSIDRA 2.0.3.217 Copyright© 2000 = 2002 Akcelik & Associates Pty Ltd Generated 5/4/2006 7:47 :29 PM fileJ/CADocuments and SettingsWPETocal Settings \Temp\ 1B46F8.HTM 5/4/2006 Akcelik & Associates Pty Ltd aaSIDRA 2.0.3.217 Miami -Dade Public 'Works 'Department Traffic Engineering Registered User No. A1140 Licence Type: Professional, Multi Computer Time and Date of Analysis 3:43 PM', Aug 15,2005 Filename: C: \Documents and Settings \JCPE \My Documents \Roundabouts \SW 67. Ave & SW 64 St.OUT SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID. 1 aaTraffic SIDRA US Highway Capacity Manual (2000) Version RUN INFORMATION * Basic Parameters: Intersection Type Roundabout Driving on the right -hand side of the road Input data specified in US units Default Values File No. 11 Peak flow period (for performance) 15 minutes Unit time (for volumes) :, 60 minutes (Total Flow Period) Delay definition: Control delay Geometric delay included" HCM Delay and Queue Models option selected Level of Service based on: Delay (HCM method) Queue definition: Back of queue, 95th Percentile SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID: 1 DEFAULT PARAMETERS Default values for some of the important general parameters: (Default Values File: DEF11.SDF) 1. Basic saturation flow: 1900 tcu /h This value ,applies mainly to signalised intersections. For roundabouts and sign- controlled intersections, it is used for determining capacity` of priority and continuous movements. 2. Through car equivalents for signalised intersections L E F' T THROUGH R, I G H T LV HV LV , HV LV HV Normal 1.053 2.000 1.000 2.000 1.176 2.000 Restricted 1.303 2.500 1.426 2.500 3. Opposed turn parameters (Roundabout) Crit. Fol.up Min. % Exit Flow Gap Hdway Deps Opposing Left turns V V 2.5 0 Through V V 2.5 0 Right turns: V V 2.5 0 4. Cruise speed= 40 mi /h, Approach Distance= 1800 'ft 5. Queue, space per vehicle in feet Light vehicles: 25.0 Heavy vehicles: 45.0 A full list of input data 'defaults and ranges is given in the Flow Headway- Vehicles (s) Headway (pcu /h) (s) (s) West: West Approach Left 1 Dominant 700 2..00 0.622 4.50 2.28 Thru 1 Dominant 700 2.00 0.622 4.50 2.28 Right 1 Dominant 700 2.00 0.622 4.50- 2.28 South: South Approach Left 1 Dominant 159- 2.00 0.199 4.13 1.92 Thru 1 Dominant 159 2.00 0.19 -9 4.13 1.92` Right 1 Dominant 159 2.00 0.199 4.13` 1.92 East: East Approach Left 1 Dominant 412' 2.00 0.436 4.45 2.15 Thru 1 Dominant 412 2.00 0.436` 4.45 2.15 Right 1 Dominant' 412 2.00 0.436 4.45 2.15' North: North Approach Left 1 Dominant 649 2.00 0.594 4.45 2.23 Thru 1 Dominant 649 2.00 0.594 4.45 2,.23 Right 1 Dominant 649 2.00 0.594 4.45 2.23 SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID: 1 Roundabout Table R.5 ROUNDABOUT CAPACITY & LEVEL OF SERVICE aaSIDRA & HCM MODELS -- - - - - -- aaSIDRA HCM 2000 Lower HCM 2000 Upper MovDem -------------------- -------------------- -------------------- No. Flow Cap. Deg. Av. Cap. Deg. Av. Cap. Deg. Av. (veh (veh Satn Delay LOS (veh Satn,Delay LOS (veh Satn`Delay LOS /h) /h) x (sec) /h) x (sec) /h)- x (sec) West: West Approach 12 LTR 115 680 0.169 8.5 A 640 0.180 8.6 A 792 0.145 8.0 A 680 0.169 8.5 A 640 0.180 8.6 A 792 0.145 8.0 A South: South Approach 32 LTR 441 1585 0.278 5.3 A 1014 0.435 5.7 A 1220 0.361 5.4 A 1585 0.278 5.3 A 1014 0.435 5.7 A` 1220 0.361 5.4 A East: East Approach 22 LTR 746 11.09 0.673 10.2 B 815 0.915 21.`4 C 1001 0.745 11.4 B 1109 0.673 "10.2 B 815 0.915 21.4 C 1001 0.745 11.4 B' North:, North Approach 42 LTR 681 770 0.884 28.9 C 661 1.030 55.1 E 828 0.822 21.1, C 770 0.884 28.9 C 661 1.030 55.1 E 828 0.822 21 -.1 C ALL VEHICLES: 4144 0.884 15.4 B 3130'1.030 28.7 C 3841 0.822 13.2 B SW 67 Avenue & SWI64 Street Roundabout Study PM Peak Intersection ID: 1 Roundabout Table R.6 - ROUNDABOUT ALTERNATIVE CAPACITY MODELS Largest back of queue, 95% (ft) = 482 Performance Index _ 49.96 Degree of saturation (highest) = 0.884 Practical Spare Capacity (lowest) _ -4 Total vehicle capacity, all lanes (veh /h) 4143 Total vehicle flow (veh /h) = 1983 Total person flow (pers /h) = 2350 Total vehicle delay (veh -h /h) = 8.50 Total person delay (pers -h /h) = 10.21 Total effective vehicle stops (veh /h) = 1789 Total effective person 'stops (pers /h) _ 2147 Total vehicle travel (veh -mi /h) = 812.4 Total cost ($ /h) = 377.67 Total fuel (ga /h) _ 40.1 Total CO2 (kg /h) = 379.41` SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID`: 1 Roundabout Table S.5 - MOVEMENT PERFORMANCE Mov Total Total Aver. Prop. Eff. Longest Queue- Perf. Aver. No. Delay Delay Delay Queued Stop 95% Back Index Speed (veh- h /h)(pegs- h /h)(sec) Rate (vehs) (ft) (mph) -------------------"---------=---------------------------=----------=------- West: West Approach 12 LTR 0.27 0.33 8.5 0.70 0.66 1.1 29 2.67 26.5 South:, South Approach 32 LTR 0.65 0.78 5.3 0.33 0.44 2.2 56 7.03 33.7 East: East Approach 22 LTR 2.11 2.53 10.2 0.75 0.77 8.9 225 15.68" 30.7 North: North Approach 42 LTR 5.47 6.56 28.9 0.93 1.39 19.0 482 24.58 22.6 SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID -: 1 Roundabout Table S.6 - INTERSECTION PERFORMANCEJJJ Total Deg. Total Total Aver. Prop. Eff. Longest Perf. Aver. Flow Satn Delay Delay Delay Queued Stop Queue Index Speed (veh /h) x (veh -h /h)(pers- h /h)(sec) Rate (ft) (mph) West: West Approach 115 0.169 0.27 0.33 8.5 0.702 _0.66 29 2.67 26.5 South: South Approach 441 0.278 0.65 0.78 5.3 0.339 0.44 56 7.03 33.7 East: East Approach_ 746 0.673 2.11 2.53 10.2 0 .756 0.77 225 15.68 30.7 North: North Approach 681 0.884 - 5.47 6.56 28_.9 '0.939- 1.39 482 24.58 22.6 INTERSECTION (persons)': 2380 0.884 10.21 15.4 0.723 0.90 49.96 27.5 No. Typ Flow Cap. Util Satn belay Stop Back of Index (veh (veh Rate Queue /h) /h) (o) x, (sec) (veh) West: West Approach 12 LTR 115 680 100 0.169' 8.5 0.66 1.1 2.67 South South Approach 32 LTR 441 1585 100 0.278 5.3 0.44 2.2 7.03 East: East Approach 22 LTR 746 1109 100- 0.673 10.2 0.77 8.9' 15.68 North: North Approach 42 LTR 681 "770- 100 0.884* 28.9 1.39 19.0 24.55 * Maximum degree of saturation SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID: l Roundabout I Table S.12A - FUEL CONSUMPTION,' EMISSIONS AND COST - TOTAL -------------------------------------------------------------- --------- - - - - -- ------------------------=-------- - - - - -- Mov Fuel Cost HC CO NOX CO2 i No Total Total Total Total Total Total gal /h $/h kg /h kg /h kg /h kg /h West: West `Approach 12 LTR' 2.5 23.26 0 .038 1.89 0.054 23.4 ----------------------------------------------- 2.5 23.26 0.038 1.89 0.054 23.4 South: South Approach 32 LTR" 8.3 72.65 0.123 5.53 0.188 78.6 8.3 72.65 0.123 5.53 0.188 78.6 East: East Approach 22 LTR 13.0 122.67 0.200 8.46 0.283 '123.3 13.0 122.67 0.200 8.46 0.283 123.3 North: North Approach 42 LTR 16.3 159.09 0.265 12.42 0.372 154.1` -`16.3 159.09 0.265 12..42 0.372 -154.1 INTERSECTION: 40.1 377.67 0.626 28.30 0.896 379.4 PARAMETERS USED IN COST CALCULATIONS Pump price of fuel ,($/US gal) 1.600 Fuel resource cost factor - 0.70 Ratio of running cost to fuel cost 3.0 Average income ($ /h) = 17.00 Time value factor = 0.40 Average occupancy (persons /veh) _ 1.2 Light vehicle mass (1000 lb) = 3.1 Heavy vehicle mass (1000 lb) = 24.0 Light vehicle idle fuel rate (US gal /h) = 0.360 Heavy vehicle idle fuel rate (US gal /h)' = 0.530 62 538 81 681 2 ALL VEHICLES Total Flow HV 1983 2 Total flow, period = 60 minutes. Peak flow perio Queue values in this table are 95 back of queue Note: Basic Saturation Flows are not adjusted at controlled intersections and apply only to 0.884 28.9 482 Max Aver. Max X Delay Queue 0.884 15.4 482 3 =' 15 minutes. (feet) . roundabouts or sign- continuous lanes.' SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID: 1 Roundabout' Table S.15 - CAPACITY AND LEVEL OF SERVICE Mov Mov Total Total Deg. Aver. LOS No. Typ Flow Cap. of Delay (veh (veh Satn /h) /h) (v /c) (sec) West West Approach 12 LTR 115 680 0.169 8.5 A 115 680 0.169 8.5 A South: South Approach 32 LTR 441 1585 0.278 5.3 A 441 1585 0.278 5.3 A East: East Approach 22 LTR 746 1109 0.673 10.2 B 746 1109 0.673 10.2 B North: North Approach 42 LTR 681 770 0 .884* 28.9 C 681 770 0.884 28.9 C ALL VEHICLES: 1983 4143 0.884 15.4 B Level of Service' calculations are based on average control delay including geometric delay (HCM criteria) independent of the current delay' definition used. For the criteria, refer to the "Level of Service" topic in the aaSIDRA Output Guide or the Output section of the on -line help. * Maximum v/c ratio, or critical green periods SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID: 1 Roundabout Table D.0 GEOMETRIC DELAY DATA Negn Negn Negn Appr. Downstream From To Radius Speed Dist. Dist. Distance Approach Approach (ft) (mph) (ft) (ft) (ft) - West: West, Approach av�i vu .. avva.�u azNra. vca..aa - - 1 LTR 0.884 0.88 0.48 0.03 1.39 0.939 1.13 hg is the average value for all movements in ,a shared lane hqm is average queue move -up rate for all vehicles queued and unqueued SW 67 Avenue '& SW 64 Street Roundabout Study PM Peak Intersection ID: 1 Roundabout Table D.3 - LANE QUEUES Deg. Ovrfl. Average (veh) Percentile (veh) Queue Lane Satn Queue ----------------- ----------------------------- Stor. No. x No Nbl Nb2 Nb 70% 85% 9006 95% 98% Ratio West: West Approach 1 LTR 0.169 0.0 0.4 0.0 0.4 0.7 0.8 0.9 1.1 .1.3 0.02 South South Approach 1 LTR 0.278 0.0 0.7 0.0 0.7 1.3 1.6 1.8 2.2 2.5 0.03 East: East Approach 1 LTR 0.673 0.4 2.3 0.7 3.0 5.0 6.2 7.1 8.9 10.3 0.13 North: North Approach 1 LTR 0.884 2.9 2 3.9 6.8 10.2 12.9 14.9 19.0 22.3 0.27 Values printed in this table are back of queue (vehicles) SW 67 Avenue & SW 64 Street Roundabout Study PM Peak Intersection ID: 1 Roundabout Table D.4 MOVEMENT SPEEDS (mph) Queue Move -up App. Speeds Exit Speeds - - - - -- -- Av. Section.Spd Mov -------- - - -- --- - - - - -- 1st 2nd --------------- No. Cruise Negn Negn Cruise Grn Grn Running Overall West: West Approach 12 30.0 25.4 25.4 40.0 26.6_ 26.5 South: South Approach 32 40.0 27.0 27.0 39.9 33.7 33.7 East: East Approach 22 40.0 25.4 25.4 32.7 16.5 -30.9 30.7 North: North Approach 42 40.0 25.9 25.9 38.8 14.1 26.1 22.6 "Running Speed" is the average speed excluding stopped periods. -- End of aaSIDRA Output - -- 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; RE- APPOINTING LEE PERRY TO SERVE ON THE 6 COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR 7 A TWO YEAR TERM ENDING MAY 1, 2008; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, The Mayor and Commission recognize the important contributions made 12 by those who serve on the various city boards and committees, and wish to appoint a full ` 13 complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint Lee Perry to serve for a two- 16 ' year term on the Community Redevelopment` Agency (CRA) Advisory Board. Appointment 17 shall expire May 1, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby re-appoints Lee Perry to the CRA Advisory 23 Board. 24 25 Section 2. The expiration date of this appointment shall be May 1, 2008 or until a 26 successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED THIS 16TH DAY OF MAY, 2006 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE 38 39 40 41 42 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: i9 i JAN 2 3 200k zoos I CITY CLERK'S OFFICE CITY OF SOUTH MIAMI BOARD /COMMITTEEAPPL/CATION 6130 Sunset Drive Phone No.. 305- 663 -6340 South -4fiami, FL 33143 RR ,( Fax No. 305 - 663 -6348 1. Name:. QPlease nrint j 2. Home Address: _ I I 3. Business Address: 4. Home Phone No. _ - - - - _ Business Phone No Fax No. 5. E-mail Address: 6. Educatikn Back ound: 7. Comiriunity Service: i S Are you a registered voter. Y es _Z No � I 9. Are you a resident of the City? Yes y- J No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? - White Non - Hispanic African American Hispanic American Other . 12. 1 am interested in serving on the following boards) /committee(s): I i Fast choice Second choice Third choice Fourth choice Signature AE xe Date 21 O i Applicant �- i THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9102 ao I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER; 6 RE- APPOINTING YVONNE SOLER - MCKINLEY PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, pursuant to Article II, Section 7 of the City of South Miami charter the 10 Mayor and City Commission is vested with the power to appoint an acting City Manager; and, 11 12 WHEREAS, the City Commission, with the assistance of the City Manager selection 13 advisory committee and the human resources director, is performing an extensive search for a 14 City Manager; and, 15 16 WHEREAS, the Mayor and City Commission desire to re- appoint Yvonne Soler 17 McKinley to continue to serve as the Acting City Manager of the City of South Miami until a 18 permanent City Manager is selected, or for a period of time of no longer than ninety (90) days 19 unless re- appointed by the Commission. The Acting City Manager shall continue to have the 20 authority to perform the duties of the City Manager. The Acting City Manager shall' continue to 21 be paid $110,000 per year for the period of time she serves, and no benefits. 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. Ms. Yvonne Soler- McKinley is re- appointed to serve as Acting City 27 Manager until a permanent City Manager is selected, or for a period of time of no longer than 28 ninety (90) days. As Acting City Manager, Ms. McKinley shall have all of the ,powers and 29 responsibilities as the City Manager under the City Charter and the law. The Acting City 30 Manager shall have the authority to co -sign checks on behalf of the City. 31 32 Section 2. This Resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this 16h day of May, 2006. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: Mayor Feliu: 43 Vice Mayor Wiscombe: 44 Commissioner Palmer: 45 CITY ATTORNEY Commissioner Birts: 46 Commissioner Beckman: Additions shown by underlining and deletions shown by ever-st-r-lrg. g O U T� South Miami O� 4r All- AmedeaMy INCORPORATED • CITY OF SOUTH MIAMI f ' 192 o Rto P. OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: Don O,Donniley, Planning Director t, Date: May 16, 2006 ITEM NO. Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO EXTEND FOR AN ADDITIONAL ONE YEAR PERIOD A VARIANCE FROM SECTION 20 -35G OF THE LAND DEVELOPMENT CODE WHICH WAS APPROVED BY RESOLUTION NO. 82- 05- 12061- ON JUNE 14,2005; THE VARIANCE APPROVED WOULD ALLOW THE LOT SIZE OF A BUILDING SITE LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE` FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED ALL ON PROPERTY WITHIN THE "MO" MEDIUM- INTENSITY OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A FOUR STORY MIXED USE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE Request: The City Commission at its June 14, 2005 meeting approved Resolution No. 82- 05- 12061; which granted to Custom Design Properties, Inc., a lot size variance to allow a building site area to be 9,927 feet ( minimum 10,000 feet required) and a frontage which is only 95 feet (minimum 100 feet required) The applicant's property is located at the northwest corner of SW 71St Street and SW'61St Avenue. The single variance to allow a substandard lotto be built upon can include one or both dimensional deficiencies (area or frontage). The Land Development Code (Section 20 -5.9) provides that approved variances shall lapse after six (6) months if no substantial construction has occurred unless extended by the City ' Commission. At the request of the applicant the approval in 2005 contained a condition allowing the approved variance to extend one year until June 14, 2006. The applicant's representative has now submitted 'a letter requesting an additional one year extension until June 14, 2007 based on the fact that the recent Evaluation and Appraisal Report contains recommendations changing the Land Use and zoning classifications for the subject property which may impact what is permitted on the site. Recommendation: It is recommended that the requested extension of the variance be approved,' Backup Documentation: Draft Resolution Letterfrom applicant's representative dated May 4, 2006 Resolution No. 82 -05 -12061 Public Notices DOD /SAY 11 MCGRUMPLANNINGIComm'Items12 W5 -16 -K Variance extension CM report doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO EXTEND FOR 6 AN ADDITIONAL ONE YEAR PERIOD; A VARIANCE FROM SECTION 20- 7 3.5G OF THE LAND DEVELOPMENT CODE WHICH WAS APPROVED BY 8 RESOLUTION NO. 82 -05 -12061 ON JUNE' 14, 2005; THE VARIANCE 9 APPROVED WOULD ALLOW THE LOT ' SIZE OF A' BUILDING SITE 10 LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61 11 AVENUE, SOUTH MIAMI, FLORIDA TO BE 9,927 SQUARE FEET AND LOT 12 FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 13 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT 14 FRONTAGE IS REQUIRED ALL ON PROPERTY WITHIN THE "MO" 15 MEDIUM- INTENSITY OFFICE ZONING USE DISTRICT; THE PURPOSE OF 16 THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A FOUR STORY 17 MIXED USE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE 18 19 WHEREAS, Application No. PB -05 -011 was submitted to the Planning Board by 20 Custom Design Properties, Inc., said application requesting approval of a variance from 21 Section 20- 3.5(G) of the Land Development Code to allow the lot area of a building site to 22 be 9,927 feet, where a' minimum of 10,000 feet is required, on property within an "MO" 23 Medium Intensity Office Zoning District, specifically located at the northwest corner of SW 24 71st Street and SW 61St Avenue, South Miami Florida; and 25 26 WHEREAS, the applicant's plans' to develop the property with a four story mixed 27 use building will require a lot size variance; and 28 29 WHEREAS, on May 10, 2005 the Planning Board, after public hearing, voted 5 30 ayes 0 nay to recommend approval of the variance request; and 31 32 WHEREAS, the Mayor and City Commission of the City of South Miami at its June 33 14, 2005 meeting approved the requested variance by adopting Resolution No. 82- 05- 12061; 34 and . 35 36 WHEREAS, Section 20 -5.9 of the Land Development Code provides that approved 37 variances shall lapse after six (6) months if no substantial construction has occurred, unless 38 the City Commission extends an approved for variance beyond the six month period; and 39 II 40 request of the applicant, Resolution No. 82 -05 -12061 contained a WHEREAS at the pP q 41 condition allowing the approved variance to extend one year until June 14, 2006; and 42 43 WHEREAS, the applicant's representative has submitted a letter dated May 4, 2006 44 requesting an additional one year extension until June 14, 2007 based on the fact that the 45 recent Evaluation and Appraisal Report contains recommendations changing the Land Use 46 and zoning classifications for the subject property which may impact what is permitted on 47 the site. 48 1 (2) 2 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 7 8 Section 1. The lot size variance submitted by Custom Design Properties, Inc. and approved 9 by City Commission Resolution No. 82 -05 -12061 adopted on June 14, 2005 allowing a lot 10 size variance for a building site located at the northwest comer of SW 71 Street and SW 11 61 Avenue, South Miami Florida, is hereby extended to June 14, 2007. 12 13 Section 2. This resolution shall be effective immediately after the adoption hereof. 14 15 16 PASSED AND ADOPTED this day of , 2006 17 18 19 20 ATTEST: APPROVED: 21 22 23 CITY CLERK MAYOR 24 25 Commission Vote: 26 READ AND APPROVED AS TO FORM: Mayor Feliu 27 Vice Mayor Wiscombe: 28 Commissioner Palmer: 29 Commissioner Birts: 30 Commissioner Beckman: 31 32 CITY ATTORNEY 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 E: \Comm Items\2006 \5 -16 -06 \Variance Extension SW 61 Av SW 71 St`Resol.doc m Bilzin Sumberg Baena Price & Axelrod LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 200 SOUTH BISCAYNE BOULEVARD, SUITE 2500 MIAMI, FLORIDA 33131 -5340 TELEPHONE: (305) 374 -7580 • FAX: (305) 374 -7593 e -mail: info @bilzin.com • WWW.BILZIN.COM Jcrry B. Proctor, P.A. Direct Dial: (305) 350 -2361 Direct Facsindle :'(305) 351 -2250 Email:Jfroctoiawhilzia com May 4, 2006 Via Hand Delivery Yvoirlie Soler McKinley I Interim City Manager k City of South Miami s 6130 Sunset Drive South Miami, Florida 33143 i r Re: Request for extension of tune for a variance Property: Northeast corner of S.W. 71St Street and S.W. 61st Avenue, City of South Mianii Original Applicant 'Custom Design Properties, Inc. (Application No. PB05 -011) Folio Nos.: 09 -4025- 011 -0170 and 09 -4025- 011 -0160 n . Dear Ms McKinley: 4 y; This law finer represents the owner, Robelo Kelly Holdings, L.L.C. (the "Owner "), of the property located the northeast conger of S.W. 71" Street and S.W. 61st Avenue in South Miami (the "Property "). On June 14, 2005, the City of South Miami Commission (the "City") unanimously granted the Owner's request for two variances from the City's zoning regulations GI for lot size and frontage to pennit 95 feet of frontage (100 feet required) and 9,927 square feet of lot area (10,000 square feet required). A copy of the approving Resolution is attached. Section 20 -5.9 of the City's code states a "variance approved pursuant to Section 20 -5.5 shall lapse after six (6) months if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval ! period for good cause shown." In this case, the City Commission granted our request at the June 14, 2005 hearing for the extension from six months to one year for both variances. The one -year period runs until June 14, 2006. f C, MIAMI 10573 85.1 7632623021 h 5/4/06 9:21 AM ui i s' .qF ,s .,.E Ter: a. Ivollne Soler McKinley, Interim City Manager Page 2 May 4, 2006 Please accept this letter as our formal request to extend the approval for the variances on the Property for one additional year `until June 14, 2007. The request is justified by the fact the City is still in the middle of its 2005 Comprehensive Plan Evaluation and Appraisal Report ( "EAR ") process. The Owner hoped that the EAR process would be nearing completion, but the initial City approval was delayed by. approximately 6 -8 months. The Department of Community Affairs currently is reviewing the EAR amendments and has yet to ; issue its Objections, Recominel dations and Comments ( "ORC ") report. If approved, both the Comprehensive Plan designation and zoning;will change in the area of the Property. First, the Land Use Map in the area will be amended from Transit Oriented Development District ("TODD") and Mixed Use Commercial /Residential to TODD in its entirety and the zoning will change on the Property from Medium hlteisity, Office (MO) to TODD MU -5. Since the parameters of what the Owner will be able develop may greatly change, the Owner has been closely monitoring the outcome of the EAR process. The EAR process will conclude in the next year and the extension of time for the variance will provide sufficient time for the process to be completed. The extension of time - is necessary for the Owner to blow exactly what his rights are as to the Property, specifically what the zoning and comprehensive plan designation will be. The Property was vacant before the 2005 zoning process and remains vacant today; therefore, there is no loss in tax revenues to j the City as a result. Thank you for your consideration of our request and please contact me if you have any I questions or require any additional information. If at all possible, I would appreciate placement of this item as a resolution on the May 16 2006 City Conunission agenda. Very truly yours, • /�r, /tom Jerry . Proctor JBP:ad cc: Arnold`Robelo Don O'Dom— iley, Planinlig Director Maria Menendez, City Clerk Luis Figueredo, Esq., City Attorney Alexandra Deas, Esq. I j MIAMI 10573 55.1 7632623021 5/4/06 9:21 AM 4 RESOLUTIOaJNO: 82 -05 -12061 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM, SECTION 20 -3.5C OF THE LAND DEVELOPMENT CODE TO ALLOW TIW LO. T SIZE OF A BUILDING SITE TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE; A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND Ai MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW :61 AVENUE, SOUT H MIAMI, FLORIDA, WITIHN THE "MO" MEDIUM- TNTENSITY OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE: VARIANCE IS TO PERMIT THE CONSTRUCTION OF A FOUR S'T'ORY MIXED USE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Application no_ PR -05 -011 was submitted 10 the Planning Board by CustIom Design. Properties, Inc., said application requesting approval of a variance from Section`20- 3.5(Cp) of the Lana Development Code to allow the tot area of a building site to be 9;927 feet, where a minimum of 10,000 feet is required, on property within an "MO" Medium Intensity Office Zoning District, ,specifically located at the northwest corner of SW71 Street and SW 61 Avenue, South Miami Florida; and y WHEREAS, the applicant wishes to develop the property with a. four story mixed Use, building, and; WIIEEREAS, in order to develop the property, a variance is required; and WHEREAS, the approval of a varimice requires a reconunendation from the Planning Board and the approval of the City Commission after apublic hearing; and WHEREAS, on May 10, ;2005 the Planning Board, after public hearing, voted 5 ayes'tO nay to recommend approval of the variance request; and WHEREAS, the Mayor and City 'Commission of the City of South Miami desire to accept the recommendation of the Planning Board.. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: %Ltop I. 'That the subject application submitted by Guk(im Design Properties, Inc. re4uesting approval of a variance from Section 20- 3.5(G) of the Land Development Code to �tlow the lot area of a building site to be 9,927 feet, where 4 naID1.1num of 10,000 feet is rec�tured on,propt�rty specifically located at the northwest corner of SW71 Street and SW 61 Avenue,.South Miami Florida: Sc -t on 2. That the approval of the subject variance is based upon the following findings, l !g. 2 of Res.: No, 82- 05- 12061 a) : The existing properly i.s smaller than the ininimum .siie ,size re tiadred by the Land 1� (!�!('( tpl'rACYrt (.C?Cl�'. C2Trd carrracrt; be [�(.4'�:'Ir }�r<'f with rr Varlanct which L:ons6hites a hai dship. 1�) ; Lhe variance requested d is of a small, incremental riarur'e and i-vo ticl have inin.imal itnpa t oil Surrounding pr,-uperties_ c Then the d. Section 3. This resolution shall be effective immediately after the adoption hcrcot: f PASSED AND ADOPTED this 14`h, cloty of June, 2005 A I`FEST: A PPROVED. i r . Y CLERK y Commission. Vote: 4-0 ROAD AND APPROVED AS TO FORM: Mayor Ruskil Yea Vice Mayor Palmer: absent k Co mnission& Wiscornbc: Yea Commissioner Birts- Cooper: Yea commissiotipr ShQrar: Yep r NEY F i t t i r 7 t 4 F.:1C'urrun kmis 1200556;14- 05\Vtrri:ancc SW 61 Av SW 71 St kesoludwl.(Joe 4 1� 'on, I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO RULES OF PROCEDURE OF 6 THE 'CITY COMMISSION, AMENDING CHAPTER 2 7 SECTION 2 -2.1 OF THE CODE OF ORDINANCES OF THE 8 CITY OF SOUTH MIAMI, ENTITLED "RULES OF 9 PROCEDURE OF THE CITY COMMISSION "; BY 10 CHANGING THE DATE OF REGULAR COMMISSION 11 MEETINGS; PROVIDING FOR REPEAL, CODIFICATION, 12 SEVERABILITY, AND AN EFFECTIVE DATE. 13 14° 15 WHEREAS, the Mayor and City Commission of the City of ` South Miami hold 16 commission meetings on the first and third Tuesday of the month, except during the months of 17 June and July, when the meetings are held on the first two Tuesdays in June and last two 18 Tuesdays in July; and 19 WHEREAS, it has come to the attention of the Mayor and City Commission that a 20 percentage of the South Miami Community has difficulty attending Tuesday night commission 21 meetings due to scheduling, conflicts; and 22 WHEREAS, all regularly scheduled commission meetings shall be held on the first and 23 third Thursday of the month, except during the months of June and July, during which months, 24 the meetings shall be held on the first and second Thursday of June, and the last two Thursdays 25 of July; and i 26 WHEREAS, the Mayor and City Commission desire to, change the City Commission's 27 Rules of Procedure in order to hold city commission meetings on the Thursdays, rather than 28 Tuesday evenings. i 29 30' NOW, ` THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 32 Section 1. Section 2 -2.1, of the City's Code of Ordinances is amended as follows: 33 34 Sec. 2 -21. Rules of Procedure of the City Commission. 35 The following` rules of procedure shall govern all meeting of the city commission, 36 namely: Additions shown by underlining andldeletions shown by ever- -1 2 (A) REGULAR MEETING. The city commission shall hold regular meetings at 7:30 3 p.m., on the first and third Tuesdays Thursday of each month with the exception of the 4 months of June and July. The city commission shall hold regular meetings at 7:30 p.m. 5 on the first and second Tuesdays Thursdays of June and the last two (2) Tuesda-ys 6 Thursdays of July. When the day set for any regular meeting falls on a day designated by 7 law as a 'legal, public, national or religious holiday, such meeting shall be held on the 8 next succeeding day following such holiday. Regular meetings may be otherwise 9 postponed, canceled or reset only by resolution adopted at a regular meeting of a majority 10 of the entire membership of the commission. All regular meetings shall be held in the 11 commission chambers located in the city hall. 12 13 No meeting of the city commission shall extend later than I1 00p.m., except upon the 14 affirmative vote of a majority of members present at the meeting. Any and all items not 15 considered by this limitation time period will be deferred to the next regular scheduled' 16 commission meeting. 17 18 Section 2. Repeal. All ordinances or parts of ordinances in conflict or inconsistent are 19 repealed. 20 Section 3. Severability. If any word, clause, phrase, sentence, paragraph or section of 21 this ordinance is held to be invalid by a court ` of competent jurisdiction, such declaration of 22 invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section of this 23 ordinance. 24 Section 4. Codification. This ordinance shall be codified and included in the Code 25 of Ordinances. 26 27 Section 5. Effective Date. This ordinance shall be effective upon passage by the City 28 Commission on second reading. 29 30 PASSED AND ADOPTED this _ day of ; 2006. 31 32 ATTEST: APPROVED: 33 34 Additions shown by underlining and2deletions shown by eveig. IRP I CITY CLERK MAYOR 2 3 1" Reading 4 lid Reading 5 6 COMMISSION VOTE: 7 READ AND APPROVED AS TO FORM Mayor Feliu: 8 Vice Mayor Wiscombe 9 Commissioner Beckman: 10 Luis R. Figueredo, Commissioner Birts: 11 Nagin Gallop & Figueredo,` P.A. Commissioner Palmer: 12 Office of City Attorney 13 14 I 3 { i a i i i Additions shown byunderlinin and3deletions shown by eve c ng