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06-13-06F k South Miami 1,4 u All- Amefca W MAYOR: Horace G. Feliu CITY MANAGER: Yvonne S. McKinley VICE MAYOR: Randy G. Wiscombe CITY ATTORNEY: Luis Figueredo COMMISSIONER: Velma Palmer CITY CLERK: Maria M. Menendez COMMISSIONER: Marie Birts COMMISSIONER: Jay Beckman CITY COMMISSION AGENDA City Commission Meeting Meeting date: June 13, 2006 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: July 18, 2006 Phone: (305) 663 -6340 Time: 7c30 PM M ., , n,::..a. -, ,.sr,, l „ „ ✓, r,,c;,. „a aaa:k,;.,. '_ , . ..... r s c ..r ». ..:.«%..' . , ,r xt nsa: City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before o engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether F paid or not) to represent a business entity or organization to influence "City” action. "City" action is broadly described to include the ranking and selection' of professional consultants, and virtually all- legislative, quasi- il J and administrative action. It does not apply to not- for - profit rn organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CAUL TO ORDER: A. Roll Call. B. Invocation• C. Pledge of Allegiance: D. Presentation(s) 7 :00 p.m. (NONE) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of May 16, 2006 REGULAR CITY COMMISSION 1 AGENDA — JUNE 13, 2006 r-x^:: ;",t„?sv. CONSENT 4. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP, FIGUEREDO, P.A. IN THE AMOUNT OF $25,421.,66; CHARGING $25,421.66 TO ACCOUNT NO. 0`01- 1500 - 514 -3410, LEGAL SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $25,421.66; CHARGING THE LEGAL SERVICES NON- RETAINER ACCT W /CURRENT BAL$36,981.22) (City Attorney) 5. A RESOLUTION OF THE MAYOR AND _CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH TJ PAVEMENT CORP. FOR CITYWIDE DRAINAGE IMPROVEMENTS PHASE III CONSTRUCTION IN AN AMOUNT OF $197,001.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1712 -536 -6437; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH TJ PAVEMENT FOR 'CITYWIDE DRAINAGE IMPROVEMENTS CONSTRUCTION IN AN AMT` OF $197,001.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCT W /CURRENT BAL$210,000) (City Manager) 6. A 'RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH- MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDER FOR PUBLIC WORKS DEPARTMENT'S TELEPHONE SYSTEM UPGRADE BY MIAMI BUSINESS TELEPHONE CORP. IN AN AMOUNT OF $6,831.28'TO BE CHARGED TO PUBLIC WORKS DEPARTMENT'S ACCOUNT NUMBER 001 -1710- 519 -3450; PROVINDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDER FOR PUBLIC WORKS DEPARTMENT'S TELEPHONE SYSTEM UPGRADE BY MIAMI - BUSINESS TELEPHONE CORP. IN AN AMOUNT OF $6,831.28 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT'S BUILDING MAINTENANCE ACCT W /CURRENT BAL$21,054.35) (City Manager) 7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT, WITH THE CITY OF REGULAR CITY COMMISSION 2 AGENDA - JUNE 13, 2006 - NORTH MIAMI BEACH POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON 'BEHALF OF THE CITY OF SOUTH MIAMI POLICE °DEPARTMENT PURSUANT TO SECTION 23.1225` (3), FLORIDA STATUES; PROVIDING AN EFFECTIVE DATE 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF NO MIAMI BEACH PD FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SMPD) (City Manager) 8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE FEDERAL BUREAU OF PRISONS, FEDERAL CORRECTIONAL INSTITUTION MIAMI, FL FOR GENERAL- AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUES; PROVIDING AN EFFECTIVE DATE'. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL 'AID AGREEMENT WITH THE FEDERAL BUREAU OF PRISONS, FEDERAL CORRECTIONAL INSTITUTION OF MIAMI, FL FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SMPD) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- APPOINTING SHARON MCCAIN TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING SHARON MCCAIN TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008) (Mayor Feliu) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING KENNETH MERKER TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING KENNETH MERKER TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008) (Mayor Feliu) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- APPOINTING ALBERT S. ELIAS TO SERVE ON THE PARKING` COMMITTEE FOR A TERM ENDING JUNE 12' -, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION" RE- APPOINTING, KENNETH MERKER" TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008) (Mayor Feliu) REGULAR CITY COMMISSION 3 AGENDA - JUNE 13, 2006 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES APPOINTING OSCAR RIVERO TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING 'JUNE 12, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING OSCAR RIVERO TO SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008) (Mayor Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A' CS -OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS 7, 8, 2 7 2 8, 2 9 AND 30 BLOCK A OF SUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARKINS LOCATED AT 5974 SW 66th STREET, 5977 SW 66th TERRACE OVER THE EXISTING RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, REPEALING CITY OF -SOUTH MIAMI ORDINANCE NO.` 40 ENTITLED "AN ORDINANCE PROVIDING FOR THE SEGREGATION OF THE WHITE AND COLORED CITIZENS OF THE CITY OF SOUTH MIAMI, FLORIDA;" PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Commissioner Birts) RESOLUTION (S) /PUBLIC HEARING' (S) 15. A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT' TO SECTION 20- 3.4(B) (4) (b)' OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW A GENERAL RESTAURANT AS <PART'OF - MACABI CIGARS LOCATED AT 5861 SUNSET DRIVE IN THE, "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT REGULAR CITY COMMISSION 4 AGENDA - JUNE 13, 2006 ..,.«,.:,t, ., x�"'F=s;�,S;«"s«r.,s.'��4 ��rW ., ,..,. «., �, ,���- �'+.�,, �;..�4�t�%;s°�'°� ,n. ��:c s'�*m^ki.. :�•, ?".� "'"�"r'�ti:"�r, n,:'"T". �y.��n ... .- 5"�'.,�.,,= =ate«, "' -�r., �firy . OVERLAY ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION , FOR *SPECIAL USE APPROVAL TO ALLOW A GENERAL RESTAURANT AS PART OF MACABI CIGARS LOCATED AT 5861 SUNSET DRIVE) (City Manager) RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION -OF -THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER SEARCH; APPOINTING AS THE CITY MANAGER FOR A TERM PROVIDED IN EMPLOYMENT AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE. 3/5` (A RESOLUTION APPOINTING AS CITY MANAGER, FOR A TERM PROVIDED IN EMPLOYMENT AGREEMENT) (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR FEMA FUNDED STORMWATER DRAINAGE PROJECT (LUDLAM GLADES CANAL DREDGING); PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE 3/5 (City Manager) 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING FOR A PERIOD OF NINE MONTHS CERTAIN PROVISIONS OF SECTIONS 20 -4.4 (G) (H) , 20 -7.6 (B) (C) AND 20 -8.10 THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE AND ADOPT NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING` THIS TIME `'PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (City 'Manager) REGULAR CITY COMMISSION 5, AGENDA JUNE 13, 2006 -, � .,. t .. .,. � , �, ,,•,; � �� n�,�� ,� �.,�... ter, -; THE CITY HAS A SIGNIFICANT GOVERNbJENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2- 2.1(K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE comxSsIoN. - 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 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 6 AGENDA - JUNE 13, 2006 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR _ AND CITY `_COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $25,421.66; CHARGING $25,421.66 TO ACCOUNT NO. 001- 1500 - 514 8 3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of South Miami approved 12 Resolution No. 99 =94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing 13 payment of City Attorney non - retainer attorneys' fees and costs; and, 14 15 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City -for 16 legal services rendered, and costs advanced, for the period ending 17 May 30, 2006, in the amount of $25,421.66; and, 18 19 WHEREAS, as of May 22, 2006, the existing balance on city attorney account no. 20 001- 1500 -514 -3410, legal services, non - retainer, is $36,981.22. 21 22 WHEREAS, the office of the City Attorney recommends payment of the attached 23 invoices. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and costs received from Nagin 29 Gallop Figueredo, P.A., in the total amount of $25,421.66 are approved for payment; 30 charging $25,421.66 to account no. 001- 1500 -514 -3410, legal, non- retainer. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of June 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 Beckman: 45 Luis R. Figueredo Commissioner Birts: 46 Nagin Gallop Figueredo, P.A. Commissioner Palmer: 47 Office of the City Attorney Additions shown by underlining and deletions shown by evefs#ikifig. .,ter: NAC IGUEREDO'.. ttar� eys 7 Gnunseiors :.. 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854 -5353 Miami, Florida 33157 -6417 Facsimile: (305) 854 -5351 June 1, 2006 Adri:ana Hussein Interim Finance Director CITY OF SOUTH MIAMI 61.30 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL, SERVICES — Non - Retainer City of South Miami Dear Ms. Hussein: Enclosed are our statements for professional services rendered and for costs advanced for the period ending May 30, 2006, in the amount of $25,421.66, and requisition no. 17, FY 2005 06. 1 have tabulated the amounts currently due on each individual file as follows: City Attorney Account Nay. 001 -1500- 51443410, Legal Services, Non - Retainer Account balance as of May 22, 2006, $36,981.22 0022 -068 TI .lecommunications 'Contract Prof'I Services 180.00 Statement No. 18486 dated 05130106 Disburesinents: 0.00 Total Due 180.00 0022 -083 Planning Board ' Prof'l Services $ 40.00 Statement Nip. 18487 dated 051.0106 Disburesments 0.00 ,renal Due 40.00 0022 -129 Mark Richman Properties Prof'l Services $ 220.00 Statement No. 18488 dated 05130106 Disburesments 2.00 Total Due 222.00 0022 -1371 Special Master Prof' l Services 8,160.00 Statement No. 18489 dated 05130106 Disbursements 0.00 Total Due 8,160.00 0022 -157 ' Feliu v. Rundle Statement No. 18491 elated 05130.106 Prof'l Services Disbursements Total Due $ 40.00 0.00 40.00 0022 -171 Forfeiture of Currency Statement No. 18492 dated 05130106 Prof'l Services Disbursements Total Due $ 3,100.00 91.07 3,191.07 0022 -172 Forfeiture of 1997 Black Mitsubishi Eclipse Statement No. 18493 dated 05130106 Prof'l Services Disbursements Total Due $ 40..00 15.52 55.52 73 Forfeiture of urzency Statement No. 18494 dated 05 130106 Prof'I Services Disbursements Total Due; 3,680100 217.63 3,897.63 ;122 76 Martin v. Barzola Statement No. 18495 dated 05130106 Prof'l Services Disbursements Total Due $ 1,620.00 108.82 1,728,.82 0022 -177 Forfeiture of 2005 White Ford Statement No. 18496 dated 05130106 Prof'I Services Disbursements Total Due 3,060.00 185 „26 3,245.26 0022 -178 I Cleveland EEOC Matter` — Statement Aro. 18497 dated 05130106 Prof'I Services Disbursements Total Due- $ 4,260.00 0.00 4,260.00 0022 -179 Chester v. CSM Statement Alo. 18495 dated 05 130106 Prof' I Services Disbursements Total Due $ 400.00 1.36 401.36 Total $ L-2 5—, 4:2: 1—.6 6j Do not hesitate to call me if you have any questions regarding these statements. Page 2 of 3 Adriana Hussein, Interim Finance Director. CI'T'Y OF SOUTH[ MIAMI .Tune 1, 2006 Very aruiy,.yours, `µ Lis R. Figueredo LRFacm Enclosures cc: Mayor and City Commission Page 3 of 3 ,y v. r.. �., CITY OF SOUTH MIAMI 6130 Sunset Drive, South: Miami, Florida 33143 Vendor: NAUIN GALLOP & IHICrIJEREDO, P.A. Req. No, 17, ICY 2005 -06 Date: May 30, 2006 Finance Department Item. No, Quantity Description and Specifications Account Number Unit Price Total 1 10 1egal,`Non- Retainer 001 - 1500514 -3410 $25,421.66 $25,421.66 a TOTAL, $25,421.66 [ Pu chase Order No. s/Discount I' Hereby Certify That The Coding 'of Accounts `Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency. of Appropriation -' Balances Verified (Except As Dtl ei -wise Noted) Headof De .arttnenz Finance Lie artrrient City Manager i AGINGA.LIaOPFI UERED0 Attorneys & C.'ounselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 2006 Adriana Hussein Matter ID; 0022 -068 Interim Finance Director Telecommunications Contracts City of`South Miami 6130 Sunset Drive Invoice Number 18486 City of South Miami, FL 33143 Hours Amount 4/6/2006 EAB Updated. and finalized franchise agreement and ordinance; and 0.40 80:00 emalled Mr. Todd Wells regarding same. 4/20/2006 EAB Telephone conference with Ms. Yvonne McKinley; and attention to 0.20 40.00 telephone call by Mr. David Madison from the Miami Cable Office regarding same.' 4/25/2006 EAB Attention to Atlantic Cable franchise. 0.30 60.00 Total Professional Services 180.00 Rate Summary Eve A. Boutsis 0.90 hours at $200.00/hr 180.00 Total hours: 0.90 Payments 2/14/2006 Payment Check No. 52021 3,320.00 4/10/2006 Payment Check No. 052762 648.33 Sub-total Payments: 3,96833 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: I Nagin Gallop Figueredo P.A. Matter 10: 0022 =068 Statement loo.: 18486 Page: 2 For Professional Services 180.00 For Disbursements Incurred 0.00 Current Balance: 180.00 Previous Balance: 3,968.33 Payments - Thank you 3,968.33 Total Due 180.00 Invoice Number: 18486 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month Will be charged if payment is not received within 30 days. 717'14. k NAGIN GALLOP FIG UEREDOPA. Attorneys & Counselors 13001 Old_ Cutler Road,; Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 2006 Adriana Hussein Matter ID: 0022 -083 Interim Finance Director City of South Miami Planning Board 6130 Sunset Drive Invoice Number 18487 City of South Miami, FL 33143 Hours Amount 5/24/2006 I AS Attention to zoning issue. 0.20 40.00 Total Professional Services 40.00 Rate Summary Eve A. Boutsis: 0.20 hours at $200.00 /hr 40.00 Total hours: 0.20 Payments 4/10/2006 Payment Check No. 052762 4,220.00 4/24/2006 Payment Check No. 52981 1,160.00 Sub -total Payments: 5,380.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at rate of 1.5% per month will be charged If payment is not received within 30 days. Nagin Gallop Figuereclo P.A. Matter ID: 0022- 083 - Statement tea.: 18487 Page: 2 For Professional Services 40:00 For Disbursements Incurred 0.00 Current Balance: 40.00 Previous Balance: 5,380.00 Payments - Thank you 5,380.00 Total Due 40.00 Invoice Number: 18487 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. AGiN GALLOP FIGUEREDopA Attorneys ter Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854- 5351 May $0, 2006 Adriana Hussein Matter ID: 0022.129 Interim Finance Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Invoice Number 18488 City of South Miami, FL 33143 Hours Amount 4/10/2006 EAB Crafted memorandum and resolution relating to MRP and 1.00 200.00 subleases. 4/12/2006 EAB E -mail communications with Ms. Adriana'Hussein and Ms. 0.10 20.00 Rothstein regarding MRP: Total Professional Services 220.00 Rate Summary Eve A. Boutsis 1.10 hours at $200.00/hr 220.00 Total hours: 1.10 Expenses Telefacsimile charge 2.00 Sub -total Expenses: 2.00 Payments 4/2412006 Payment Check No. 52981 1,180.00 Sub -total Payments: 1,1$0.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -129 Statement No.: 18488 Page: 2 For Professional Services 220.00 For Disbursements Incurred 2.00 Current Balance: 222.00 Previous Balance: 1,180.00 Payments - Thank you 11180.00 Total Due 222.00 Invoice Number: 18488; To be properly credited, please indicate Invoice Numb above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Attorneys & Counselors Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. ,interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i 18001 Old Cutler road, Suite 555 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 2006 Adriana Hussein Matter ID: 0022 -137 interim Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18489 City of South Miami, FL 33143 Hours Amount 3/28/2006 EAB Attention to Starbucks matter; and email communications with Mr. 0.30 60,00 Weiner Chalvire regarding same. 3/29/2006 EAB Attention to special master issue raised by Ms. Eva Rosa; 0.40 80.00 telephone conference with Starbucks representative regarding occupational license issues; and email comIrnunications with Ms. Valenti. 4/5!2006 EAB Telephone conference with Mr. George Ord, counsel for owner of 0.40 80.00 Starbucks property; analysis of file; telephone Conference with and email communications with Mr. Chaivire regarding same; and follow up on liens. 4/5/2006 EAB Attention to Valencia matter. 0.30 60.00 4/7/2006 EAB Attention to Valencia matter; and attended meeting with Ms. 2.00 400.00 Yvonne McKinley, Mr. Dori 4'Donniley, Mr. Jim :Montalvo regarding same. 4/7/2006 EAB Received Bowden Petition to determine homestead status of real 0.50 100.00 property; attention to same regarding city's liens and homestead status; and email communications with Mr. George Lott regarding same. 4/10/2006 HJM Re: Valencia matter; traveled to and attended conference with Mr. 4;50 300.00 Don Q'Donniley regarding potential litigation and demand letter against Valencia; received and reviewed volumes of documents for same. 4110/2006 EAB Attention to Bowden possible foreclosure and lien issues; drafted 3.00 600.00 notice of claim with probate estate; legal research on homestead exemption and continuation of homestead to heirs of estate; telephone conference with -Mr. Lott; attention to Starbucks matter and telephone conference' with Mr. Chaivire regarding same; and attention to Gregory complaint. 4/11/2006 EAB Telephone conferences with Mr. Ord regarding Starbucks; and 0.40 80.00 email communications with Mr. Chalvire regarding same. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. ,interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i Nagin Gallop Figueredo P.A. Matter ID: 04122 -137 Statement No.: 18485 Page; 2 4/12/2006 HJM Re: Valencia - telephone conference with Mr. Dan O'Donniley 2,90 580.00 regarding witness providing an affidavit; continued reviewing voluminous file in preparation for cease and desist fetter and potential litigation. 4/12/2006 EAB Telephone conference with Mr. Ord regarding citations and 0.20 40 .00 enforcement. 4/13/2006 HJM Re Valencia - telephone conferences with counsel for developers 1.90 380.00 Ms. Jill Berman and Mr. Pon— 5ernandez regarding article on Valencia and parking situation; telephone conference with Mr.' O'Donniley regarding conversation with reporters; commenced preparing cease and desist letter. 4/13/2006 EAB Attention to lien issue and inquiry by Hart as to foreclosure 0.30 60.00 possibilities. 4114/2006 EAB Telephone conference with Mr. George turd and email 1 0.20 40.00 communications with Mr. Don O'Donniley regarding saute. 4/14/2006 EAB Attention to Valencia matter. 0.40 84.00 4/1412006 ' EAB Attention to Bougainvillea matter. 0.30 60.00 4/17/2006 HJM Re: Valencia - Received and reviewed letter from Jill Berman, 0.50 100.00 counsel for Valencia; prepared and revised letter to same. 4/17/2006 EAB Attention to and drafted ROW easement, agreement' with property 0.30 60.00 owner. 4/18/2006 EAB` Attention to Bougainvillea matter; and illegal dumping matter; email 0.40 80.00 communications with Mr. Chalvire regarding same; and follow up on title report for unsafe structure -item for Ms. Sonia Lama. 4/20/2006 EAB Attention to revising right -of -way deed which conveys the title for 0,30 60.00 right -of -way purposes; and attention to Bougainvillea matter. 4/2412006 HJM Re: Valencia - conducted telephone conference' with complainant, 1.00 200,00 Juan Carlos Garay regarding parking problem at the Valencia Condominium; prepared affidavit for complainant; reviewed file; revised and edited, affidavit. 4/25/2006 EAB Attention to Starbucks, and: other pending enforcement actions. 0.30 60.00 4/26/2006 HJM Re: Valencia - telephone conference with Juan Carlos Garray. 0.20 40.04 4/26/2006 EAB Attention to Bowden matter; telephone conference with Mr. Lott 0.60 120.00 regarding same; and prepared summary memorandum to Ms. Yvonne McKinley and staff ',regarding same. 4/28/2006 EAB Telephone conference with Ms. Rosa and Mr. David Struder 1.40 280.00 regarding pending ORA matters; follow up regarding same; drafted letter to attorney of prapert owner of 5761 NW 64th Place, regarding invoice no. 6650:, and appeal to special master; drafted letter to Mr. Ord; drafted letter to Mr Jacobson regarding Payment is due upon receipt. Please notify us Within 10 days at receipt of any questions you have regarding this invoice. Interest at a rate of 1,5% per month will be charged if payment is not received'withln 30 days. Nagin Gallop Figueredo P.A. Matter ID. 0022 -137 Statement No.: 18489 Page: 3 Bougainvillea's Tavern; and e -mail communications with police department regarding same. 5/5/2006 HJM Re: Valencia - travelled to and attended meeting with counsel for 2.00 400.00 Valencia and City Manager regarding'settl6merit of outstanding issues. ' 5/11/2006 EAB Prepared for and attended Starbucks code enforcement settlement 1.50 300.00 conference with Mr. Q'Donniley, Mr. Chalvire, and N1s.'Gay Cinque. 5/11/2006 EAS Attention to EEQC charge of discrimination; and telephone 0.30' 60,00 conference with Ms. Navarro regarding same. 5/12/2006 EAB Attention to Greg Nheto request regarding site plan and utility 0.30 60.00 easements; attention to same; follow tap with Mr. Nheto and began editing draft agreement. 5/16/2006 EAB E-mail communications with Mr. Balogun and Mr. Williams of 1.60 320.00 DERM regarding canal iriterlocal;'e -mail communications with and finalized canal interlocal. 5/16/2006 EAB Attention to Starbucks matter; and e-mail: communications with Mr. 1.60 320.00 Chalvire regarding -same; telephone conference with Mr. Chaivire regarding appeal by Williailti Gregory and Ralsa Constructibn under invoice no..6650; attention to FEMA issue related to Gregory appeal; drafted recommendatiion 6 city manager related to Starbucks matter; and drafted reap m— ohdatibnto special master related to release of liens against Gtaham Hanover Properties, provided the property is sold to SMCRA. 5/16/2006 EAB Attended meeting with Mr. Cron O'Donn €ley, Mr. Ajibola Balogun 1:60 320.00 related to I OW issues 2nd`South Miaimi;Hospitaf agreement; and drafted letter to Mr: Brackin regarding agreement between Baptist/South Miami and CSM as °to ROW, issues relating to past ROW agreements (1985 and 1987), arid'county road issues.and attention to ROW platters: 5/18/2006 EAB Prepared for and attended special master hearing; drafted orders 5.00 1,000.00 of special, master; and telephone conference with Ms. 'Georgina Bartolotti regarding', Shields Bowden. 5/18/2006 EAB Attention to Bowden litigation; telephone conference with Mr. Lott 1.00 200.00 regarding same; and telephone conference with' ' s. Georgina Bertalotti regarding', same. 5/18/2006 EAB Attention to utility easement, and agreement to encroach on 0.60 120.00 easement as proposed by property -owner and PW; and revised same and provided comments to attorneys, PW, and P&Z regarding same (GEM property). 5/19/2006 EAB E -mail communications with Mr. O'Donniley regarding GEM matter. 030 60.00 5/22/2006 EAB Telephone conference with Ms. McKinley and Ms. Susan Rothstein 0.60 120.00 regarding Starbucks property; and drafted detailed letter to Ms. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ., "7 R . Nagin Gallop Figueredo; P.A. Matter ID: 0022 -157 Statement No.: 18489 Page: 4 Cinque regarding agreed settlement to special master regarding . parking decals issue. 5/23/2006 EAB Attention to code enforcement infraction and letter by Adorno & 0.20 40,00 Yoss regarding Commerce'Bank code er forcerhant violations and compliance. 5/25/2006 EAB Attention to unsafe structure matter with Ms. Sonia Lama; attention 0.50 100.00 to Bowden matter; fax and email communications with Mayor Feliu and Mr. Brackin regarding ROW agreement. 5/26/2006 EAB Analyzed opinion letter as to homestead exemption issued by Mr. 0.70 140.00 Lott telephone conference with Mr. Lott; and provided update to city comm'n regarding Bowden claim and litigation. Total Professional Services 8,160.00 Rate Summary H. James Montalvo 13.00 hours at $200.00 /hr 2,600.00 Eve A. Boutsis 27.80 hours at $200.00/hr 5,560.00 Total hours: 40.80 Payments 4/24/2006 Payment Check No. 52981 1,640.00 4/10/2006 Payment Check No. 052762 1,365.76 Sub- total Payments: 3,065.76 Payment is due upon receipt. Please notify us within; 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. ,`c,;,>W,a r,.^.`a-�.:,........... Nagin Gallop Figueredo P.A.. Matter ID: 0022 -137 Statement No.: 18489 Page: 5 For Professional Services 8,160m For Qisbursements Incurred 0.00 Current Balance: 6,160.00 Previous Balance: 3,005.76 Payments - Thank; you 3,005.76 Total Due 060.00 Invoice Number: 18489 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.60/6 per month will be charged if payment is not received within 310 days. NAGIN GALLOPFIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite'556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (306) 854- 5351 May 30, 2006 Adriana Hussein Matter ID: 0022 -157 Interim Finance Director Feliu v. Katherine Fernandez City of South Miami 6130 Sunset Drive Invoice Number 184491 City of South Miami, FL 33143 Hours Amount 4/11/2006 HJM Telephone conference with plaintiff's counsel's assistance' 0.10 20.00 regarding documents and deposition. 4112/2006 HJM Telephone conference with David Charip regarding documents to 0.10 20.00 be produced and new date for deposition. Total Professional Services 40.00 Rate Summary H. James Montalvo 0.20 hours at $200.00/hr 40.00 Total hours: 0.20 Payments 4/24/2006 Payment Check No. 52981 1,020.00 Sub- total Payments: 1,020.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Invoice Number: 18491 To be properly credited, please indicate Envoice Number above on your remittance_ check. Payment is due upon, receipt. Please notify us within 40 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1:$'% per month will be chargod if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter 10: 0022 -157 Statement No.: 18491 rage; 2 For Professional Services 40.00 For Disbursements Incurred 0.00 Current Balance: 40.00 Previous Balance: 1,020.00 Payments - Thank you 1,020.00 Total Due 40.00 Invoice Number: 18491 To be properly credited, please indicate Envoice Number above on your remittance_ check. Payment is due upon, receipt. Please notify us within 40 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1:$'% per month will be chargod if payment is not received within 30 days. AGIN GALL0,P.F1GUERED0rk Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351` May 30, 2006 Adriana Hussein Matter ID: 0022 -171 Interim Finance Director Forfeiture of Currency City of South Miami 6130 Sunset Drive Invoice Number 18492 City of South Miami, Fl. 33143 Hours Amount 3/28/2006 HJM Telephone conference with claimant's counsel regarding motion to 0.80 160.00 compel; and reviewed file i6 preparing for motion for summary judgment on request for admissions deeilzed admitted:" " 4/5/2006 HJM ` Reviewed file in preparation for hearing on motion to compel. 0.30 60.00' 4/6/2006 HJM Travelled to and attended hearing on motion to compel; prepared 4.80 960.00 letter to claimant's counsel regarding order; reviewed file; prepared motion to have request for `admission deemed admi#ted researched rules of civil procedure; commenced preparing motion for summary judgment; conducted legal research for motion for summary judgment; and prepared notice of hearing. 4/7/2006 HJM Reviewed file; and prepared for deposition of claimant. 0.80 160.00 4/13/2006 CVH' Series of a =mails with Ms Boutsis and Mr. Montalvo regarding 0.00. 0,00 coverage of 4/20 hearing ,on'motion to withdraw: 4/13/2006 HJM ' In re: Townsend forfeiture - traveled to and attended hearing on 1.50 300.00 City's motion to have affirmative defenses deemed admitted; and received and reviewed Townsend's counsel's notice of hearing regarding motion to withdraw. 4/18/2006 CVH Obtained and reviewed Motion to Withdraw set for hearing on 4/20 0.00 0.00 and obtained background information on'case in preparation for covering hearing for Mr. Montalvo. (No Charge); 4/19/2006 CVH Teleconference with Mr. Jinn Montalvo regarding case background 0.40 80.00 and strategy for 4/20 hearing on Mr. Droese's motion to withdraw. 4120/2006 GVH Attended hearing on Mr. Droese's motion to withdraw as counsel 2.90 580.00 for defendants; post - hearing conference with Mr. Proese regarding Mr. Townsend's remarks about settlement; returned to office, posted order; e-mail to Mr. Montalvo and Ms..l3outsis regarding results of hearing and discussion regarding possible settlement. 4/24/2006 HJM Re: Townsend forfeiture - $2,705: continued preparing motion for 3.80 760.00 summary judgment; reviewed file for exhibits to attach to the motion Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at rate of 1.5% per month will be charged If payment is not received within 30 days: �,�--� ,�—� . � -- s -c—��� . ,.� -,,+z� � ,�-� . ,;� r w.,n , Nagin Gallop Figueredo P.A. Matter ID: 0022 -171 Statement No.: 18492 Page: 2 for summary judgment; and conducted legal research regarding motion for summary judgment: 5/22/2006 HJM Telephone conference with Bruce Townsend regarding settlement; 0.20 40.00 and reviewed file. Total Professional Services 3;100.00 Rate Summary_ Catherine A. flan Horn 3.30 hours at $200.00/hr 660.00 H. James <Montalvo 12.20 hours at $200.00 /hr 2,440.00 Total hours: 15.50 Expenses Telefacsimile charge: 10.00 Mileage 57.64 Parking Charge 15.70 5/29/2006 Postage Charge for the month of May 2006, 7.73 Sub- total Expenses: 91.07 Payments 4/10/2006 Payment Check No. 052762 3,184.50 4/24/2006 Payment Check No. 52981 203.62 Sub -total Payments: 3,388.12 Payment is due upon receipt. Please notify us within 10 days of recelpt,of any questions you have regarding this invoice, Interest at a rate of 1.5% per month Will be charged if payment is riot eaceiverd within 30 days: Nagin Gallop Figueredo P, . Matter Its: 0022 -171 Statement No.: 18492 Wage: 3 For Professional Services 3,100.00 For Disbursements Incurred 91,07 Current Balance: 3,191.07 Previous Balance: 3,388.12 Payments - Thank you 3,388,12 Total Rue 3,191.07 Invoice Number: 18492 To be properly credited, please indicate Invoice Number above an your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. AGIN A:.LLQPFIGUEREDOPA, Attarneys & Cau'nselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 2006 Adriana Hussein Matter ID: 0022 -172 Interim Finance Director Forfeiture of 1997 Black City of South Miami 6130 Sunset Drive Invoice Number 18493 City of South Miami, Ft- 33143 Hours Amount 3/28/2006 HJM Prepared letter to Chief Morton regarding order on default final 0.20 40.00 judgment. Total Professional Services 40.00 Fate Summary H. James Montalvo 0.20 hours at $200.00 /hr 40.00 Total hours: 0.20 Expanses Parking; Charge 4.00 Mileage 11.52 Sub -total Expenses: 15.52 Payments 4/10/2006 Payment Cheek No. 052762 224..46 4/24/2006 Payment Check No. 52981 249.02 Sub -total Payments: 473.48 Payment is due upon receipt, Please notify us within 10 days of receipt of any ' questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged it payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -172 Statement No.; 18493 Page: 2 For Professional Services 40.00 For Disbursements Incurred 15.52 Current Balancer 55.52 Previous Balance: 473.48 Payments Thank you 473.48 Total Due $5.52 Invoice Number: 18493 To be properly credited, please indicate invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 clays. A.GIN A_ .10PYz v'ER.DoPA. Attorneys c`:r °Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 554 -5353 Facsimile: (305) 354 -5551 May 30, 2006 Adriana Hussein Matter ID: 0022 -173 Interim f=inance Director Forfeiture in Re: US Currency City of South Miami' 6130 Sunset Drive Invoice Number 18494 City of South Miami, FL 33143 Hours Amount 3128/2006 HJM Reviewed file; telephone conference with Acting Chief Lisa Morton 0.30 60,00 regarding federal -joint investigation of house for sale. 3/29/2006 HJM Received and reviewed letter and attached trial order exhibit 0.20 40.00 requesting continuation of depositions. 3/31/2006 HJM Prepared renotices of depositions; received and reviewed 1.50 300.00 claimant's motion to dismiss; and prepared motion to c&hpel discovery responses; reviewed file. 4/3/2006 EAB Email communications with Acting Chief Morton regarding PC and 4.20 40.00 strategy of case. 4/412006 HJM Continued, preparing response to motion; to dismiss; continued - 4.90 980.00 conducting legal research on issues in motion to dismiss; and reviewed file. 4/5/2006 HJM Continued revising and editing response to (notion to dismiss; 4.20 840.00 conducted additional legal research on same; reviewed file. 4/6 /2006 HJM Reviewed file; prepared for meeting with Acting Chief Morton. 0.60 120.00 4/7/2006 HJM Travel to and attend meeting with city manager regarding status of 1.20 240.00 case. 4/7/2006 EAB Attended meeting with Acting Chief Morton, Ms. McKinley, and Mr. 0.50 100A0 Jim Montalvo regarding strategy, settlement, and pc. 4/11/2006 HJM Telephone conference with Morrow's counsel regarding 4.00 800.00 outstanding discovery and settlement negotiations; prepared confirming- letters-to Morrow's counsel; received and reviewed outstanding discovery from Morrow; conference with city manager regarding settlement; and commenced preparing settlement agreements and release. 4/13/2006 HJM Continued preparing settlement agreement; and reviewed file. 0.60 120.00 4/1412006 HJM Finalized settlement agreement; and review file. [No Charge]. 0.00 0.00 5/1112006 HJM Reviewed file; prepared notice of voluntary dismissal. 0.24 40.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 50 days. Nagin Gallop Figueredo P.A. Matter 10; 0022 -173 Statement Ito.: 18494 Page: 2 Total Professional Services 3,680.00 Rate Summary H. James Montalvo 17.70 hours at $200:00 /hr 3,540.00 Eve A. Boutsis 0.70 hours at $200.00 /hr 140.00 Total hours: 18.40 Expenses Database Legal research 162.69 Telefacsimile charge 32.00 Parking Charge 4.00 Mileage 15.12 4/26/2006 Postage Charge for the the month of April 2006. 3,04 5/29/2006 Postage Charge for the month of May 2006. 0.78 Sub -total Expenses: 217.83 Payments 4/24/2006 payment Check No. 52981 3,063.78 4110/2006 Payment Check No. 052762 2,469.52 Sub -total Payments: 5;533.30 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged 9 payment ' €s notreoeived within 30 days. Nagin Gallop Figueredo P.k. Matter ID: 4022 -173 Statement No.: 18494 Page: 3 For Professional Services 300.00 For Disbursements Incurred 217.63 Current Balance: 3,897.63 Previous Balance: 5,533.30 Payments -Thank you 5,533.30 Total Due 3,597.63 Invoice Number: 18494 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice, interest at a rate of 1.5% per month will be charged if payment is not received within 30 days.` NAGIN GALLOP F1GUE- REDOP.A, Attorneys &'Cou'n'selors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 2006 Adriana Hussein Matter ID: 0022 -176 interim Finance Director Martin v. Barzola City of South Miami 6130 Sunset Drive Invoice Number 18495 City of South Miami, FL 33143 Hours Amount 3/28 /2006 HJM Continued conducting legal research; prepared answer and 3.80 760.00 affirmative defenses; and prepared discovery requests. 4/3/2006 HJM Telephone conference with Officer M. Weissberg; reviewed file; 2.60 560.00 finalized motion to dismiss and attadhments fbrfiling; and continued conducting -legal research. 4/6/2006 HJM Prepared letter to Bureau of Administrative Review requesting all 0.80 160.00 documents related to this matter; reviewed file; and telephone conferenced with Officer Mike Wessberg. 4/7/2006 HJM Received and reviewed documents regarding DUI arrest of Patrick 0.50 100.00 Martin from Officer Weissberg. 4/19/2006 HJM Received and reviewed correspondence and notice. of joint 0.20 40.00 voluntary dismissal from plaintiff's counsel; and reviewed file. Total Professional Services 1,620.00 Rate summary H. James Montalvo' 8.10 hours at $200.00 /hr 1,620.00 Total hours: 8.10 Expenses Telefacsimile charge 19.00 Database Legal research 64.35 Parking Charge 4.00 Photocopies 5.00 Mileage 11.52 Payment is due upon receipt. Please notify us within 10 days.of receipt of any questions you have regarding this invoice, _Interest at a rate of 1.5% p6f month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -176 Statement No.: 18495 Page: 2 4/26/2006 Postage Charge for the month of April 2006. 4.95 Sub -total Expenses: 108.82 Payments 4/24/2006 Payment Check No. 52981 1,400.78 Sub -total Payments: 1,000.78 For Professional Services 1,620.00 For Disbursements Incurred 108.82 Current Balance: 1,728.82 Previous Balance: 1,000.78 Payments - ,Thank you 1,000.78 Total Due 1;728.82 invoice Number: 18495 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice, Interest at a rate of 1.5% per month will be charged if payment is not received within "'30 days; NAGIN GALLOP FIGUERED ?A Attorneys & CoUinse.tors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 2006 Adriana Hussein Matter ID: 0022 -177 Interim Finance Director Forfeiture of 2005 white Fore! City of South Miami 6130 Sunset Drive invoice Number 18496 City of South Miami, Ft. 33143 Hours Amount 4/3/2005 HJM Received and reviewed file; revised and edited notice of seizure. 1.20 240.00 4/11/2006 HJM Telephone conference with Mr. Albert Levin, claimant's counsel 0.40 80.00 regarding case; review of file'; received and reviewed letter from claimant's counsel. 4/12/2006 HJM Conducted legal research on issues of standing and possession of 2.00 400.00 contraband as eligible for forfeiture; and'teiephone conference` with claimant's counsel: 4/13/2006 HJM ` Prepared letter to Kleis' counsel regarding hearing date; and 2.90 580.00 commenced preparing complaint and affidavit. 4/14/2006 HJM Continued preparing complaint and affidavit; and review of file. 1.00 200.00 4/17/2006 HJM Telephone conference with Kleis' counsel, prepared fetter to same 1:90 380.00 regarding hearing date; revised and edited complaint and affidavit; and reviewed file. 4/18/2006 HJM Prepared interrogatories, request for production, non - military 4.60 920.00 affidavit, notice of filing, and motion and incorporated memorandum of law on the issue of probable` cause; conducted legal research; revised and edited complaint and affidavit; received and reviewed letter from Albert Sevin; and telephone conference with same; prepared responsive letter to Albert Levin. 4/24/2006 HJM Conducted final settlement negotiations with claimant's counsel; 1.20 240.00 revised and edited settlement agreement; and reviewed file: 4/27/2006 HJM Prepared letter to finance department regarding settlement. 0.10 20.00 Total Professional Services 3,060.00 Rate Summary H. James Montalvo 15.30 hours at $200.00 /hr 3,060.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1,5% per month Will be charged if payment is not received within 30 days: Nagin Gallop Flgtieredo P.A. Matter ID: 0022 -177 Statement No.: 18496 page: 2 Total hours: 15,30 Expenses Photocopies 0.25 Database Legal research 164.50 4/25/2006 Federal Express 11.23 4/26/2106 Postage Charge for the month of April 2006 3.28 Sub -total Expenses: 185.26 For Professional Services 3,060.00 For Disbursements Incurred 185.26 Current Balancer 3,245.26 Previous Balance; 0.00 Payments Thank you 0.00 Total Due 3,245.26 Invoice Number: 18456 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged'if payment is not received within 30 days. -k N IN GALLOP FI UERED021k Attorneys 6 Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 864 -5351 Adriana Hussein May 30, 200 Matter ID: 0022 -178 Interim Finance Director J. Cleveland EE0C Matter City of South Miami 6130 Sunset Drive Invoice Number 18497 City of South Miami, FL 33143 Hours Amount 5/11/2006 HJM Received and reviewed claimant, Cleveland's charge of 2.80 560.00 discrimination and correspondence from Ei"QC'; and `commenced reviewing file and prepared a responsive statement of'`position. 5/12/2006 HJM Commenced reviewing file; conducted legal research for response 3.60 720.00 to'EEOC charge. 5/18/2006 HJM Telephone call to Jeanette Navarro regarding case; prepared ' 0.$0 160.00 lengthy e -mail correspondence to same regarding case; and reviewed file. 5/2512006 HJM Received and reviewed voluminous documentation from client, Ms. 7.30 1,460.00 Navarro and Major Mike Mills concerning termination of Mr. Cleveland; commenced preparing response to EEOC. 5/26/2006 HJM Continued preparing response10 EEOC.charge; and continued 6,80 1,360.00 reviewing voluminous set of docutiients and personnel file received from client. Total Professional Services 4,260.00 Rate Summary H. James Montafvo 21.30 hours at $200.00/hr 4,260.00 Total hours: 21.30 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1..5% per month will be charged it payment is not received within 3D days. Nagin Gallop Fiqueredo P.A. Matter ID: 0022 178 Statement No.. 18497 > Page: 2 For Professional Services 4,260.00 For Disbursements Incurred 0.00 Current Balance: 4,260;00 Previous Balance: 0.00 Payments Thank you 0.00 Total Due 4,2-60'.60 Invoice Nunlber: 18497 To be properly credited, please, indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. .GIN GALLOP FIGUEREDOPA: Attorneys i Ca' �nselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone* (305) 854 -5353 Facsimile: (305) 854 -5351 May 30, 406 Adriana Hussein Matter lD: G022 -179 Interim Finance Director Chester v. City of South Miami City of South Miami 6130 Sunset Drive Invoice Number 18498 City of South Miami, FL 33143 Hours Amount 5/18/2006 EAB Analyzed new lawsuit: Mamie .Chester v. Benefits USA, Inc, and 0'60 420.00 City; telephone cor ferenoe with`Ms: Navarro regarding same, attention-to penslon attorney retainer :agreen ent. 5/24/2006 EAB Attention to complaint served upon the city; and telephone 0.40 80.00 conference with Mr. Ken'Harrison* pension counsel to the CSM Pension board regarding' retainer, strategy, and facts. 5/25/2006 EAB Communications with Mr. Harrison and Ms. Jeanette 0.30 60.00 Enrizo- Navarro regarding retainer, strategy, budget, any deadlines. 5/26/2006 EAB Provided e -mail update to city co€nm'n regarding Chester litigation; 0.30 60.00 and provided direction to Ms. Navarro regarding s; rme' 5/30/2006 EAB Telephone conferences with Mr. Harrison regarding merits of 0.40 80.00 litigation, budget and coordinated a/c session. Total Professional Services 400.00 Rate Summary Eve A. Boutsis 2.00 hours at $200.00 /hr 400.00 Total hours: 2.00 Expenses Photocopies 0.25 5/29/2006 Postage Charge for the month of May 2006. 1.11 Sub -total Expenses: 1.36 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be 'charged if payment is not received within 30 days: Nagin Gallop; Figueredo P.A, . Matter ID: 0022,179 Statement No.: 18498 Page: 2 For Professional Services 400.00 For Disbursements Incurred 1.$6 Current Balance: 401.36 Previous Balance: 0.00 Payments Thank you 0.00 Total Due 401.36 Invoice Dumber: 18498 To be properly credited, please indicate Invoice Number above on your remittance check. i I i i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.51% per month will be charged if payment is not received within 30 days, i i soul, South Miami o U. INCORPORATED CITY OF SOUTH MIAMI C 1927 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 Tot 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: June 13, 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 EXECUTE AGREEMENT WITH TJ PAVEMENT CORP. FOR CITYWIDE ` DRAINAGE IMPROVEMENTS - PHASE III CONSTRUCTION IN AN AMOUNT OF $197,001.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106- 1712 -536 -6437; PROVIDING FOR AN EFFECTIVE DATE, Request: Authorizing the City Manager to execute construction agreement with TJ Pavement Corp. for the Citywide Drainage Improvements Phase III. Reason/Need To provide much needed drainage improvements along the following streets: • SW 62nd` Terrace (from SW 62nd Avenue to SW 60th Avenue) • SW 63rd Street ,(from SW 62nd Avenue to SW 60th Avenue) • SW 63rd Terrace (from SW 62nd Avenue to SW 60th Avenue) • SW 76th Terrace (from SW 58th Avenue to Cul -de -sac east) • North right -of -way at 5851 SW 83rd Street Cost: $197,001.50 Funding Source: South Florida Water Management District Account No. 106 -1712 -536- 6437. Backup Documentation: Proposed Resolution Q Bid Opening Report Q Tabulated Bids Q Certified Advertised Notice of Bid Invitation p Engineer of Record's letter of recommendation D Engineer of Record's reference check letter D Copy of Section 00500 (Contract) of the Project Manual Q Plan of each Project Area �ix'�'f,'rn.' n"*W�?;�:Prs?,W°�k :w.��%+at,'� sk�`;,:v�,isae��'F -.' �-Nre *t r"P`rv�au, .°E. ;, . a n i.. w , �4""';'�_.'..xu ..,,,. •,, rtT �.-,. .. a..- .,r -.:-nag _^r....T' -"a -� �^a- ..€�n' ..+.^,i^,h,.g�+'�f. r�'�°"t'�s,'+u-�4E. ^,�.."-- .iSa''Si,, '�. °'» . 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 EXECUTE AGREEMENT WITH TJ PAVEMENT CORP. FOR CITYWIDE 7 DRAINAGE IMPROVEMENTS PHASE III CONSTRUCTION IN AN 8 AMOUNT OF $197,001.50 TO BE CHARGED TO SOUTH FLORIDA WATER 9 MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 - 1712 - 536- 6437; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission wishes to provide drainage improvements along 13 SW 62nd Terrace (from SW 62nd Avenue to SW 60th Avenue), SW 63rd Street (from SW 62nd Avenue to 14 SW 60th Avenue), SW 63rd Terrace (from SW 62nd Avenue to SW 60th Avenue), SW 7611, Terrace (from 15 SW 58th Avenue to Cul -de -sac east) and north right-of-way at 5851 SW 83rd Street; and 16 17 WHEREAS, "; the, Mayor and City Commission authorize the City Manager to execute a 18 construction contract with TJ Pavement Corp. for the Citywide Drainage Improvements — Phase III 19 project for an amount of $197,001.50. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 22 THE CITY OF SOUTH MIAMI, FLORIDA THAT: ` 23 24 Section 1: The Mayor and City Commission authorize the City Manager to execute 25 construction contract with TJ Pavement Corp. for the Citywide Drainage 'Improvements — Phase 'III 26 project for an amount of $197,001.50. 27 28 Section 2: That the p'roject's construction cost shall be charged to account number 106 -1712- 29 536 -6437, with account balance of $210,000.00. 30 31 Section 3. The attached agreement is made a part of the resolution. 32 33 PASSED AND ADOPTED this' day of , 2006, 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 41 42 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 43 Mayor Feliu: 44 Vice Mayor Wiscombe: 45 Commissioner Palmer: 46 CITY ATTORNEY Commissioner Birts: 47 Commissioner Beckman: 48 �,c.MV Mm.5S,'W Snapper Creek Roadway & Drainage Improvements — Phase III -A BACKGROUND & RECOMMENDATION BACKGROUND: The proposed' drainage improvements project is part our grant funded project to provide ongoing drainage upgrade citywide. The construction project will consist of approximately 20 new drainage structures (catch basins and manholes), over 550 linear feet of exfiltration trench, re- grading of existing swale and asphalt resurfacing of the roadway. The improvements will be performed along the following streets: • SW 62nd Terrace (from SW 62 "d Avenue to SW 60th Avenue) • SW 63rd Street (from SW 62 "d Avenue to SW 601h Avenue) • SW 63`d Terrace (from SW 62 "d Avenue to SW 60th Avenue) • SW 76th Terrace (from SW 58th Avenue to Cul -de -sac east) • North right -of -way at 5851 SW 83rd Street The project was advertised in the Miami Daily Business Review on Wednesday, April 26, 2006. Five contractors submitted sealed bids on or before Tuesday, May 30, 2006 (the last day to receive bids). The bids were publicly opened on Tuesday, May 30, 2006 at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bonds and discussed' the project with the lowest responsible bidder (TJ Pavement Corp.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (Corzo Castella Carballo Thompson Salman, P.A.) has submitted the attached letter of recommendation and reference check letter for`TJ Pavement Corp. ;RECOMMENDATION: It is recommended that the City Commission approve; the resolution. so u IV, hrr .I, U BID OPENING REPORT • - INCORPORATED 1927 L o RtU A . Bids were opened on Tuesday May 30 2006 at: 3:05ym For: Citywide Drainage Improvements — Phase 3 ( 006 -0530) Pre Bid Estimate: $200,000-00 CONTRACTORS: BID AMOUNTS: 1 2.. 3. 4. s. 6, t,,10��lA'yvtS PA Urr ( CD , C k.JG1Q 4ln1G- COOTIZAeT"atZ 1rJC T. J . PFkl1e i/" E 14 1 COP,.-p T-1 E t2E t o �.i +� CO. IQ C . Lama 's i ( r21 �(' C 2t°. 'Z S 5q ZZ�, C 4(a .'°© r o . -7 (4 � 7. 8. 9. THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk's Sign. itness• W .#We, '�`°� ' T°�; `�—,r , t' "�.'.�..a m;; ,. ;?�^,;r,, ;` F . 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O O O O Vi C5 O O O ik` 0 0 0� O O O N 00 RIm 0 o O W Lc O O 0 0 0 ;3E r (O O IT V3 U9, , Ffl AI Oh 0 0 F1 to 0 0 Lq 0 00 IN gig a bN9 O , O O 0 Lr) O O e» (V 6 :3 ca N 0 0 i" N� 0 O O O 0 O : O _ poleta � ((•� W J x N , C P 3 O U y C co C •O d L C 9 N CL w E -o Q m T j _ N N 06 T NS< Sc o) E o Cu m -D E0'p v�� w 0 t� Z 0 0 0 co co c6 . -,.vim. .-�^- {-rte - ... ,,.ei^', .. ,.,.R,� --.-g' } ,.,E;�,. , 3'r�„.:,;sevk =�i..�,., F�. -: ;°�„.r.:'�,s�r.'., -.s ,..-•s�. ^^-.z. rrs°. .. ,. , �; cam, I Fax # Fax # MIAMI DAILY BUSINESS REVIEW 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 - BID INVITATION - NO. C106 -0530 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE III in the XXXX Court'; was published in said newspaper in the issues of 04/26/2006 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 he or she has neither paid nor promised any person, firm or corporation any discount, r ate, commi ' n or refund for he purpose of canvinn tbf.q ndverll ent fok Dublication in the said newspape tithe quantities shown In $fit Form_'­',. , Bids rwhich � intain Irregulantles of any Jcmtl maybe reiected as E Informal x,. Sworn to and subscribed before me is A non mandatory pre ;ld cgnference will be held at South Mraml Clty . Hall -City Commfssto 1thamber 5130 Sunset Dnve South Mlaml 26 day of APRIL A.D. 2006 Flonda 83143 at 2 00 M local time on Fridsy, May 1H, 2006 All Interested contractors aretnwtetl to attentl aF i The Clty of South Miami is an Equal Opportunity employer and � � encouragesthe�panc�ipationofcertlfiedBlackMBEcontractors n x (SEAL) ManaM Menendez O.V. FERBEYRE personally known a Cheryl H Mamw 4126 - 06 BD_4%669552M': • MY Commission D0338558 � YOM) Expires Jaly 18, 2008 '315 May 31, 2006 City of South Miami Engineers Architects public Works Department P l a n n e r s 4795 SW 75th Avenue Miami, Florida 33155 Attention: W. Ajibola Balogun REM Public Works Director Reference: Citywide Drainage Improvements — Phase 111 City of South Miami Bid No. Cl 06 -0530 C3TS Project No.: 1929 -24 EB0005022 AAC002142 Dear Mr. Balogun: Upon our review of the bids submitted for the above referenced project, we recommend that the contract be awarded to the lowest responsible, responsive bidder, T. J. Pavement Corp., in the amount of $197,001.50. Their construction experience is directly applicable to this project, and their references were very favorable. If you have any questions, or need additional information, please do not 'hesitate to contact me at (305) 445 -2900, or via e-mail at RichardB(d-)C3TS.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Richard Blanco, P.E. Project Manager \\Gab1esdata1 \civi1\1929 24 &25 South Miami Citywide Drainage Phase 111 \Phase 05 -13id Phase \Rec Award Lettecdoc - 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 .;�:- r°"'�";f'[ +- ,.s -f-R a, e-.t,.' a: ?m' r'.? nF,' tt:' ? 'T�'rc:�^P"T�fiT,a,,'>",;;�:r'�"; ",•.;, 'tea "'Fs'a.�t, +.fir. .°,`?�< ,.',"'4 }-�:. -s< <35"i'..;:Ja�"+ -qer k-`f°''.. G3TS May 31, 2006 • City of South Miami E n g i Architects e r s p public Works Department P l a n n e r s 4795 SW 75th Avenue Miami, Florida 33155 Attention: W. Ajibola Balogun, REM Public Works Director Reference: Contractor References Citywide Drainage Improvements — Phase III City of South Miami Bid No. Cl 06 -0530 C3TS Project No.: 1929 -24 EB00(15022 AAC002142 Dear Mr.'Balogun: We have reviewed the references listed by T. J. Pavement Corp., the lowest responsible, responsive bidder for the above named , project. All references were very favorable, namely: Ovidio P Rodriguez (Miami Dade Public Works); Ramon Castella' (C3TS); and Francis Mitchell (City of Miami). In addition we have completed several reference checks in the past for other projects that T.J. Pavement has been awarded. In our estimation T.J. Pavement Corp is very responsible and responsive contractor. As you are aware, T.J. Pavement has completed several' projects for the City of South `Miami and has a proven track record of outstanding work. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at RichardBa_C3TS.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Richard Blanco, P.E. Project Manager 1 \Gab1esdata1 \civi1\1929_24 &25 South Miami Citywide Drainage Phase III \Phase 05 -Bid Phase \Summary of Reference Letter.doc 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.corn Equal Opportunity Employer SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of , 20 , A.O., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and party. of the second part (hereinafter sometimes called the "Contractor'). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: CITYWIDE DRAINAGE IMPROVEMENTS — PHASE III CITY OF SOUTH MIAMI, FLORIDA as prepared by Corzo Castella Carballo`Thompson Salman, P.A. acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner b P y the Contractor,: a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the lump sum of Dollars ($ ). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to - Proceed. B. The Contractor e ont actor shall prosecute the work with faithfulness and diligence and shall complete the work not later than ninety (90) calendar days after the commencement date established in the Notice to Proceed. 00500 -1 1929 -24.04 .� ; 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and Nsuitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent' provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency forthe work to be done. It is expressly agreed that under no circumstances; conditions or situations shall this Contract be more strongly construed' against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or ProJect Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and /or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the terms of this Contract and /or of the Project Manual - covering said work, shall not operate as a waiver by the Owner of strict - compliance with the terms of this Contract, and /or the Project Manual covering said work; and the Owner may require the Contractor and /or his insurer to repair, replace, restore and /or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and /or services which within a period.of one year from and after the date of the;passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee - provisions. Failure on the part of the Contractor and /or his insurer, immediately' after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace' or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor and /or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A It is mutually agreed that time is of the essence of this Contract and should the Contractor fail-to complete the work within the specified time, or any authorized - extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Two Thousand Dollars ($2,000.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damages sustained by the Owner in the event of such �c default by the Contractor. 00500 -2 1929- 24.04 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 60 days, after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner ' that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement tshall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if; at any time after the ' execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or'if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days, after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the: manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES IThe City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be 1 entitled to its reasonable attorney's fees and costs, including, but not 'limited to paralegal costs, and computer research costs. The parties shall not be liable forthe prejudgment interest. 1.09 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to 00500 -3 1929 -24.04 informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be - held in Miami -Dade County,' Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 11th;Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. LIENS MContractor is prohibited from placing a lien on the City's property. This prohibition shall apply l to interalia all subconsultants and subcontractors, suppliers and labors. 1.12 I INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Citywide Drainage Improvements - Phase III, City of South Miami, City's BID No.: C106- 0530" and all attachments in the Manual and the Construction Drawings shall be incorporated by reference "into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. 1.13 TRANSFER AND ASSIGNMENT A. i None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Sub - Contractors (page 00300 -4 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. B. The Contractor ;shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS I A. ik The City, or any of their duly authorized representatives, shall, until 3, years after final payment under this contract, have access to and the right to examine any of the IContractor's books, ledgers, documents, papers, or other records involving - transactions related to this contract'for the purpose of making audit, examination, excerpts, and transcriptions.' B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 14.A. above. "Subcontract," as used in this clause, excludes purchase orders` not exceeding "$10,000. 00500 -4 1929 -24.04 C. The right to access and examination of records in subparagraph 14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting frorn the services rendered by the Contractor under this contract shall be deemed the property of the Cityand the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.16 SEVERABILITY Should any paragraph or any part of any paragraph of this contract be rendered void, 4 invalid or unenforceable by any court of law, for any reason, the determination shall e. not render void, invalid or unenforceable any other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative r or family member has promised to pay, and Contractor has not, and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor. B. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. C. A violation of this paragraph `will result i n the termination on of the contract and forfeiture of funds paid, or to be paid, to the Contractor. 1.18 WARRANTY OF AUTHORITY The signatories t that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 1.19 INDEPENDENT CONTRACTOR The Contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer- employee relationships. 00500 -5 1929 -24.04 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. City of South Miami, Florida Party of the First Part i (Seal) By: City Manager a Attest: City Clerk Contractor s. Party of the Second Part WITNESS: (If corporation, attach Seal and attest by Secretary) By. Title City's Resolution No. APPROVED AS TO FORM AND LEGALITY: t, City Attorney ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the j Board of Directors of the Corporation, authorizing; the officer who signs the Contract to do so in its behalf shall be completed. s x � r, ..G r 00500 -6 1929 -24.04 r� -- sh��c�;.",M -ya,�; ; ,."?%? f'3°�e°�u,'�,*ra` 1 ""'"= �.g�;-- ,f,— ^r''�: ; �;,74'a' •,.a-+-- - r --,�.- _:-rte .,^?n 3T„-. -7 ..- ,t,*,"r"�" v`;: .nxN. y. #"k -z-- i CONTRIBUTORY. DRAINAGE RUNOFF AREA = 1.01 AC �--- —g$ -- - - - - -- Da z n 2 w a�u D „ dh(� CONTRIBUTORY DRAINAGE RUNOFF AREA = 1.01 AC DRAINAGE RUNOFF AREA = 1 -29 AC g,.:, — _ — — — CD I 1101 1. MZ 7J � °nom L < 10 00E t { m1: ILF is D V'-°F `F - t fIa LF and £x9tt tro w w ° 0 0 v1 y — 11 OO s7 HOPE oswd Pfp , -�, Ll- 9iow� I $ R W R W - S.W ap '63rd. - Street' I• I 0 — —� — ��m — — � N F N e m > I - CONTRIBUTORY DRAINAGE RUNOFF AREA = 1.29 AC a a3y n i 0 s ° �. 55a s Eaa '�:.z' { I o s 5 vp a � : �. — CONTRIBUTORY DRAINAGE RUNOFF AREA -1.04 AC eR — CD S. W. w 6rd, w n Terra R W u. a Rro.W 20 FOO 22+00 1 .0/F' ,q- Cm tN t IiO LF. .i mfd Ekr/tn0°n inn a_ — — — rL N x L7 -7 R/W 4 R/W Z ---1 CONTRIBUTORY DRAINAGE RUNOFF AREA = 1.04 AC 0 z iR 1929-24 F F m m �i ¢gm z Ag f 8 n 6 z .n / ° — — . J 0 b. O D __ , :'.1- '9'3'"5• '' j 00 -� LF HPPE M Ply i 1 1 5 LT'ddt l§71 - 17 W t 40 LF i ! Ex0 h'. H m• 3�n w w 1 r -� R W - - - - -R • - - -- -- - -— to/ S. W =p 62nd ex = = Terrace° s n, � - ToN ° I� I °• °� a s "" °' 2s °' f_ za a o Da z n 2 w a�u D „ dh(� CONTRIBUTORY DRAINAGE RUNOFF AREA = 1.01 AC DRAINAGE RUNOFF AREA = 1 -29 AC g,.:, — _ — — — CD I 1101 1. MZ 7J � °nom L < 10 00E t { m1: ILF is D V'-°F `F - t fIa LF and £x9tt tro w w ° 0 0 v1 y — 11 OO s7 HOPE oswd Pfp , -�, Ll- 9iow� I $ R W R W - S.W ap '63rd. - Street' I• I 0 — —� — ��m — — � N F N e m > I - CONTRIBUTORY DRAINAGE RUNOFF AREA = 1.29 AC a a3y n i 0 s ° �. 55a s Eaa '�:.z' { I o s 5 vp a � : �. — CONTRIBUTORY DRAINAGE RUNOFF AREA -1.04 AC eR — CD S. W. w 6rd, w n Terra R W u. a Rro.W 20 FOO 22+00 1 .0/F' ,q- Cm tN t IiO LF. .i mfd Ekr/tn0°n inn a_ — — — rL N x L7 -7 R/W 4 R/W Z ---1 CONTRIBUTORY DRAINAGE RUNOFF AREA = 1.04 AC 0 z iR 1929-24 F F m m �i i— . air-I S.w \ 58th-/ `Aver., S.W.- 9 Ave. - -- -- �� e' - U, - -, - -- °& I ry m srn no +zs U.M. or.0thg/Yt ... ftm, 0 TT I __________� Ze I C 4,�'•a I 3 2 �.a 30' o z3- A JI I Y I aalli a,b Q m _ 4 - Z• zl w I I I.I I a Br l °q�� I 'die lid I,..Icn y� l, I <T ILA ��� I I I I I � a I � I❑ �� IdY a'° 9� a C4 i 3 .g. I III I ��� — ��✓�' �/ } �� ," 1 a� — — _ ZmIlI �9nA- °Dm r el I g m >" I ,I `3ti Avg .v ,.dr ur m D. ___ 4e p ______ ________ I m ENO S� ����� "I.' / y m cPb �Y a ed Z m;. s sal o o $jjIF? r CD.� Zz "40A-o axC' .I i , m » m. IT m m i n n r y e _________ fn �f° p m co nmo a. Fir I��I:I d CL - m m X ________'T' I 5° =i. 3 m4 a� I O o I q o I q p '•4 O O CIO 11 x m m Y. I ''�°o a-. �n I c I II cD ��...o CA m m 3 °� Ygg s o z z m' m a 1 ,' °ooa m I. �Q�.,: N N >< m 9 u 73?b rl s a (b d C y o I N� o .g @ o O o m zp m co OD i Y�Tt o m o Il o f I+°o °$ o �j ,+ = N; OY 3 m q as m aw ,,► I pO m ---------------- J�b,,� :z (� °o !. W. T1 �MZ u v O C9 cn m 0 9 1 $I I °a> i s '� C of I V - -- - -- n =: j I Ii I �e 3 8 I -- m _ a� ) I I $° Ek� eV•: rn 1929 -24 y..� 114 ax ' 1 v J2 691 A N Lo Ll 8 1 D A D o I 1 m O cn CL n O o $ a O es CONTRIBUTORY DRAINAGE RUNOFF AREA 1.29 AC DRAINAGE RUNOFF AREA = 1.04 AC' CD ol n n n Ij =O IO,O E o`er° w c t'' ` v... p E oil a S. W. IQ" + 63rd. Terra f R — x o + + R W + 9 exist. sewer s i .., :a f °m I I^ v a 20 00 Leterol(Typ) # }.� q �-f� �ftts}q•:B -W4f- �•., 1 .max s ''p ° n�.i;' d I �•..;,; s t...• ., ,. � .:d, ., ,.,. a k ze, :, "` i3 ,...;. �'+. � � ti 2��`i�� .;317§ , EKi�t Sewert LeiBral 7 ' "'� �"' - - - - - -� , in - �. J.Ni Z O RAW �s iN , , V 9 �I N _ •�i. µ p o O 'I �^ /, JOS "O PnoN s n-lu ssn v Via° '! mn." C. c, Ln n� c m v co h o IB 2; Ci _ t c 0) m r o z CONTRIBUTORY DRAINAGE RUNOFF AREA 1.04 AC s d fn Ln RL L r = A x x o o a -" v n m m r� n o o n II' °v , 9 o o A z z z $ A O o o m Q g r n 1929-24 0 o o 'F > n o v ° v n z z A m 11 QL °� z r� _ N = D m xx5i o o A m o X. Z c @x < O 0 no Ic z m NJ I —.-- �.— __- ------- J. � J °: 9 V �1r m s�sv j o °.. _ °' VI v I' Z B p91` \�'J.. 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N F; W :W K m aye n a cn m o. o I ° M I - --s e,o •' k 2 I' m m Ui x m 3 82J l sPs ° K; � • ° o z D °, o 1p C rt O 4 i "*1 -, ; - -�, i I" a m = X m '�C I le I I i u _____ __ m rt fi f _ II. __-- -' D C1 O• ilo'a 9° es I 6 ti v 9Pp • , I I° *U m MUD rtrtm �8.tpj' 1I v �� tt I '�6 I r. D r4 ? 1 ate» I s s iA PO 0 p � (/D1 D o o 10 I I Ln 8-1 4C- 1p i G,, �' I'll o n o i •o I� I o ° °° I _ rt i rr , Qi m m 's 6 •�.r s° }I 's '? 8 ° °J do 6 i•.. W ti 3 s �JC i I 1 ° ,..1 (q 7l7 m O c) M< ----------------- O 'I c w o° 4 I m; - -- rt i M I I oti I ,N -t Z J, a I I I Ep °t! _. - ;S 18 1 "04 f � 4 if .I g ' °I ° a9 6, s os ')J9. o. CD g 8* q i II 1 m 1929 -24 B; m Sao I.I. I sal. o Z d. 8 4 31 a o � I I / O) OD I I I 0) I Q. ii . 9 x x c x 0 0 cn �1 u q O x / x0 z cP > OA .rte,, � —1 ,OI � O b �• rt \ . z b � �T� -0 � N rt�: T `V. 0 O � C) o O I n v' � Q Ln s?� O Q a I oo Qom w x] y t~ 0/ ((b I`Q-P �i a z -P � :03 I cb co + G7 � C) Fq ^�JJ q QTI cPo �I N x �O x x p Z �n dip Os „9 O II 0 1 ID x � x ( x O 0) o D 8p D C7 �r vs s S r° Q m 1 � 9 \ -0 ;u m -I� \. �� 9 19) 1 9) _P [.E=- '-I m ° p D y / (4] 1;98 J Z L i J ' £A •J YJ 6\ .- S g■ W• \ 9 5 t [) O m I/ , Y I V9 ■J I s J s`� r ° y �9 6991t J Ave. S • VIA J -- — — —_ 9s JJ� - W v o z m X i - 6.._g— ...� =�f J — — — — —.T. •rte i. qJ S, o To II Oq STA 30 }25 ■ 0° 0 �. I Limlts of Mllting/Resurfacing s f%+� - T.�— eu•1x•1'�- -i ss I I '":R (See Constructio "etg)- NJ I —.-- �.— __- ------- J. � J °: 9 V �1r m s�sv j o °.. _ °' VI v I' Z B p91` \�'J.. (O P 6 '01 ss 12s i- -9.' sa 0 0 o p lT m mm i 3° n ^ z m > ➢ q D .. i 68 Y � {1 �ta . �, �s° � 8 ; o b 0; m ' o ° _. a } n ae u � j , I.• °z oTO o� 1•o3a' ° W 391 m r�.7 V10 O U� s ? s, ++�� I 9 sm. _°^ OmZ < •°. s 2 ; -<Pi o`� a tn 0 nz; �� m N e I z r1 w I I F: r^ ^: C o L _____ z - - - -- . + I w I smi - m a a a� 9e lI I I I S. I III I °I • 1 I I B a� LL qq I ec I:yI 61 �� n i T i85 A ;o °z° m A �j,lv I i h J 110r�mN I i It I I v I -1I> m OUmU�a i mi P N 0 m 11 _________ r ._ ____________ter __y I I, I I r _ y J / o Nm C7 m ; s, a 'ate s I m rq arf ZOO ' lissl''I _ I D J � o o 0 0 Ul s 'S i �sl I � 98 °`��. r N D' O 6> I I �IJ I j �.. >I Cra� I I Q > N O m M'71 N��o� tna� 1* N non000 oo"mEnn -4 s I ��im ;r/ m -n m m z* I I}. 9 I o m M O .° ._m-0 --------------- 1. Y .. m n A m 1 i I I I I,1s o0 CL o � fN n I ____________ f0 NC D I CC cc c 3 o I a rt gY y J F S� w� JJ 6, O. O' "Q Z MM. ca CL .m rt'~• � �gi !'°s 8 i I aq e� I � �^ v..^.. 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I sal. o Z d. 8 4 31 a o � I I / O) OD I I I 0) I Q. ii . 9 x x c x 0 0 cn �1 u q O x / x0 z cP > OA .rte,, � —1 ,OI � O b �• rt \ . z b � �T� -0 � N rt�: T `V. 0 O � C) o O I n v' � Q Ln s?� O Q a I oo Qom w x] y t~ 0/ ((b I`Q-P �i a z -P � :03 I cb co + G7 � C) Fq ^�JJ q QTI cPo �I N x �O x x p Z �n dip Os „9 O II 0 1 ID x � x ( x O 0) o D 8p D C7 �r vs s S r° Q ,o . c ° a '-I m ° p D y n m j [) O m W v o z m X m x ■ 0° 0 ° W `, C o/ O (� � MII A z 1a G7 rTi TJ C z 7 Ln J v I,. ” W m s* � o � 0 0 o c u ° n • u u' o A O v 1► Its m • ® o O O O m Z •`a 0 c c m s 0 c X �. z z C -� m �. n m c m f Z r1 m m a lum z ,o . c ° a '-I m ° p D y n m j [) O m iO m. z o z m X m x •g 0° 0 ° g z A V 0 A A m zK o 0 n F 0 o 0 „ 0 a 0 � Q - X £ 0 a f o ° o o o R m m Z O � v mp m 0 ° m o Fi n = g� z v = tom m m o z m n m m a lum z To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun, REM, CFEA, Directo Public Works & Engineering Department Date: June 13, 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 EXECUTE PURCHASE ORDER FOR PUBLIC WORKS DEPARTMENT'S TELEPHONE SYSTEM UPGRADE BY MIAMI BUSINESS TELEPHONE CORP. IN AN AMOUNT ' OF $6,831.28 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT'S ACCOUNT NUMBER 001- 1710 -519- 3450;' PROVINDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to approve purchase order for the upgrade of telephone system at Public Works Department. Reason/Need The current telephone system at the Public Works Department is an " outdated analog system. The current system is inadequate for the volume of telephone calls received by Public Works Department daily. The system does not have forwarding capabilities and the system often drop calls, among other deficiencies. We have obtained the attached quotation from Miami Business Telephone Corp. for the purchase and installation of a digital system with up- to- date' operator switchboard system. We are "piggybacking" on MBTC's state contract for the service. Cost: $6,831.28 Funding Source: Account No. 001- 1710 -519 -3450 Backup Documentation: ❑ Proposed Resolution D Quotation submitted by MBTC U Copy of MBTC''s State approved contract document. 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 EXECUTE PURCHASE ORDER FOR `PUBLIC WORKS DEPARTMENT'S 7 TELEPHONE SYSTEM UPGRADE BY MIAMI BUSINESS TELEPHONE CORP 8 IN AN AMOUNT OF $6,831.28 TO BE CHARGED TO PUBLIC WORKS 9 DEPARTMENT'S ACCOUNT NUMBER 001- 1710- 519 - 3450; PROVINDING FOR 10 AN EFFECTIVE DATE 11 12 WHEREAS, the Mayor and City Commission wishes to provide telephone system upgrade for the 13 Public Works Department; and 14 15 WHEREAS, the repair service will be funded through Public Works Department's building 16 maintenance account number 001 -1710 -519 -3450 with an account balance of $21,054.35, before this 17 request. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT 20 THE CITY OF SOUTH MIAMI,. FLORIDA THAT: 21 22 Section '1: The City Commission authorizes the City Manager to execute a,purchase order with 23 Miami Business Telephone Corp. in an amount of $6,831.28. 24 25 Section 2: The service repair will be funded through Public Works Department's building 26 maintenance account number 001 -1710- 519 -3450 with account balance of $21,054.35, before this 27 request. 28 29 Section 3: The service repair work order shall be made part of this resolution. 30 31 PASSED AND ADOPTED this day of 2006. 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 ...nsi ;s.. T..J -e .....} From: Nestor Collantes To: Rudy Date: 6/1/2006 Time: 3:27:04 PM Page 2 of 2 MIAMI BUSINESS TELEPHONE CORP 4933 SW 74 Ct Quotation r _ MIAMI, FL 33155 Quote Number: EmaH:mbtnc @bellsoutltnet 5223 11 t State Lie. NO: ES- 0000268 Office: (305)669 -6164 Fax: (305)669 -5422 Quote Date: Jun 1, 2006 Page: Quoted to: Ship to: i City of South Miami City of South Miami Public Works 6130 Sunset Dr 4795 SW 75 Ave South Miami, FL 33143 Rudy De La Torre. 663.6350 Miam, FL 33155 Phone: 305.663.6339 Fax: 305- 667 -7806 Contact: Kathy Customer ID Good Thru Payment Terms Sales Rep CITYOFSOUTMIAMI 7/1/06 Net 30 Days Collantes, Nestor Quantity Item. Description Unit Price Extension 1.00 14ORTELICSOX32.Nortel ,System 1202, expandable " 2,431.00 2,431.00 1.00 ORTELT- 7316.1' Nortel'.T -7316 Enh Phone 179.00 179.00 1.00 ORTELDSS /BLF ortel DSS /BLF T -24 224.90 224.90 1000NORTELT- 7208.1 ortel T -7208 Phone 139.00 1,390.00 1.00 qORTELVOICEM ortel Voice Mail Call Pilot 100 -40 MB. 4 Chnl /40 1,298.70 1,298.70 Box 2.00 ALCOMCEILING alcom Horn, '5 watts- 125.00 250.00 1.00 ALCOMPOWER alcom Power Supply VP -624 69.80' 69.80 1.00 ABCHARGE02 nstallation charges 840.00 840.00 1.00 ATTERYBACKU PS MBK 750E 147.88 147.88 COPE OF WORK. Provide and install with existing telephone wires (1) Nortel Digital System ith (12) outside lines, (11) Phones, (1) Operator witchboard, (2) Outside speakers, (1) Power upply, (1) UPS and "misc material to complete he installation. Program and training. (2) Year Warranty. Finance options: 24/36 Months dollar by out. 50% DEPOSIT IS REQUIRED IN ORDER TO BEGIN INSTALLATION OF EQUIPMENT AND /OR LABOR DESCRIBED ABOVE' The undersigned hereby accepts the equipment and prices stated on this proposal. The total is subject to change if additional equipment and services are requested. All additional services must be approved by customer or Miami Business Telephone Corp. work order.Once this contract has been signed it will become a contractual agreement. No other contract will supersede this agreement. Please communicate your approval via fax at the above number. Thank you for your business. Subtotal 6,831.28 Accepted By: (Please Print Full Name) Title Fi -eight Sales Tax Signature: Date: Total 6,831.28 Sour South fVliami Al A14090ft F U � • INCORPORCED CITY OF SOUTH MIAMI fi ' 927 �. OFFICE OF THE CITY MANAGER o RZO INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City; Commission Via: Yvonne S. McKinley, Acting City Manager From: Lisa Morton, Acting Police Chief Date: June 13 2006 Agenda Item # 7 Subject: Mutual Aid Agreement with North Miami Beach Police Department Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUES; PROVIDING AN EFFECTIVE DATE Request: The Police Department is requesting to renew its mutual aid agreement with the City of North Miami Beach Police Department. As a matter of course this agreement should be renewed every five years, a recommendation of the Florida Department of Law Enforcement, the agency statutorily charged with the administration of mutual aid within the state. Reason/Need: The Florida State Statutes; (Chapter 23) authorize the governing body of municipalities to empower the Chief Executive Officer of the Municipality to enter into agreements for shared law enforcement services in specific' times of need. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission, including personnel and equipment, as well as providing for reciprocity. Backup Documentation: Draft Agreement' 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER 5 TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY 6 OF NORTH MIAMI BEACH POLICE DEPARTMENT FOR GENERAL 7 AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE 8 CITY OF SOUTH MIAMI POLICE DEPARTMENT` PURSUANT TO 9 SECTION 23.1225' (3), FLORIDA STATUES; PROVIDING AN 10 EFFECTIVE DATE 11 12 WHEREAS, Chapter 23 Florida Statues, The Florida Mutual Aid Act, requires the 13 authorization by the governing body of the municipality before a Mutual Aid Agreement may be 14 entered into by the Mayor or Chief Executive Officer of the municipality on behalf of the law 15 enforcement agency ; and 16 17 WHEREAS, there is the existing and continuing possibility of the occurrence of law 18 enforcement problems and other natural man-made conditions which are likely to be beyond the 19 control of the services, personnel, equipment or facilities of the City of South Miami Police 20 Department and/or the aforementioned entity; and 21 22 WHEREAS, to meet the responsibility of the respective governments to ensure public 23 safety of their citizens by providing adequate levels of police services; preparation must be made 24 to protect the public peace and safety and to preserve the lives and property of the people in the 25 jurisdictions. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 29 30 Section 1. The City Manager of the City of South Miami is authorized to enter into a 31 Mutual Aid Agreement, in form acceptable to the City Attorney, with the 32 City of North Miami Beach Police Department, on behalf of the City of 33 South Miami Police Department pursuant to Section 23.1225 (3) Florida 34 Statues. 35 36 Section 2. This resolution shall take effect immediately upon execution. 37 38' 39 PASSED AND ADOPTED this day of 2006. 40 41 42 43 SIGNATURES ON FOLLOWING PAGE ,,a T_F 1 ATTEST: APPROVED: 2 3 4 CITY CLERK ` MAYOR 5 6 Commission Vote: 7 READ AND APPROVED AS TO FORM: Mayor Feliu: 8 Vice Mayor Wiscombe: 9 Commissioner Palmer: 10 CITY ATTORNEY Commissioner Birts: 11 Commissioner Beckman: 12 13 14 15 16 17 l$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 _ 42 43` 44 CADocuments and Settings \SRothstein\My Documents\Reso- Ord\Agenda Resolution NMBPD Mutual Aid 06.doc 45 OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT COPY WITNES SETH WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED IN RELATION TO EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO INTENSIVE SITUATION, INCLUDING BUT NOT LIMITED TO NATURAL OR MAN MADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND, WHEREAS, THE SOUTH MIAMI POLICE DEPARTMENT AND THE NORTH MIAMI BEACH POLICE DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA STATUTES, et seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS; SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, DEALING WITH CIVIL DISTURBANCES,. LAW ENFORCEMENT EMERGENCIES, LARGE PROTEST DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER WEATHER RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM DETENTION FACILITIES, OFF DUTY ASSIGNMENTS, INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS AND ANY OTHER SITUATION DEAMED ` APPROPRIATE BY EACH OF THE AFORESAID AGENCY HEADS. SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR HISMER DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE RESOURCES, CONSULT WITH `HIS/HER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A MANNER HE /SHE DEEMS APPROPRIATE. THE AGENCY HEAD OR AUTHORIZED REPRESENTATIVE IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS/HER JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS GRANTED. THIS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTUICULAR SITUATION DICTATES. THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL. COMMUNICATIONS INSTRUCTIONS WILL BE INCLUDED IN EACH REQUEST' FOR MUTUAL AID. IN THE ABSENCE OF SUCH INSTRUACTIONS, COMMUNICATIONS WILL BE CONDUCTED ON A MUTUALLY AGREED UPON RADIO FREQUENCY, IF NOT THROUGH MIAMI -DADE COMMUNICATIONS BUREAU. SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY HEAD SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING OFFICER DESIGNATED BY THE ASSISTING AGENCY HEAD. SUCH SUPERVISING OFFICER SHALL BE UNDER THE DIRECT SUPERVISION AND COMMAND OF THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE. 1 ,F. �Y..,'h,`b�.',n e'Yrn�^�.s�'E <�•':cm n� „�i� - .,.xr�:.�°,�.���€'r."."',t°�ss„ w;`�':�'^�';�'?F��?: -�,>"r �e'��+�3F�u°,a�,* ,*�i= ^��.- m����* —+^ �,T� CONFLICTS: WHENEVER AN OFFICER IS RENDERING ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE' IS CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLICT WITH A DIRECT ORDER OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUPERVISING OFFICERS FROM EACH AGENCY WILL TOGETHER DETERMINE THE APPROPRIATE COURSE OF ACTION AS DETERMINED BY THE SITUATION. HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY PERTAIN TO THIS AGREEMENT, THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM: I. THE IDENTITY OF THE COMPLAINANT 2. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED 3. THE SPECIFIC ALLEGATION 4. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARD AS TO AGENCY AFFILIATION. IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGENCY, THE ABOVE INFORMATION, WITH ALL PERTINENT' DOCUMENTATION GATHERED DURING THE RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL BE FORWARDED` WITHOUT DELAY TO THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW. THE REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY FACTUAL BASIS FOR THE COMPLAINT EXISTS AND /OR WHETHER ANY OF THE EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES OR PROCEDURES. SECTION IV: LIABILITY EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS. AGREEMENT, AGREES TO ASSUME RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE. SECTION V; POWERS, PRIVILEGES, IMMUNITIES AND COSTS. a. EMPLOYEES OF THE SOUTH MIAMI POLICE DEPARTMENT AND THE NORTH MIAMI BEACH POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LIMITS BUT INSIDE ' THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, HAVE THE SAME POWERS, DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS ` IF THE EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED. b. EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT, RESOURCES AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER PARTY TO THE AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER, THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES AND SERVICES IN FURNISHING SUCH MUTUAL AID. c. A 'POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST 'PAY ANY EXPENSE INCURRED IN THE OPERATION AND MAINTAINANCE OF THAT EQUIPMENT. 2 d. THE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT SHALL COMPENSATE ITS APPOINTEES/EMPLOYEES DURING THE TIME SUCH AID IS RENDERED AND SHALL DEFRAY THE ACTUAL' TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES WHILE THEY ARE RENDERING SUCH AID,' INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONAL IN JURY OR DEATH' WHILE SUCH EMPLOYEES ARE RENDERING AID PURSUANT TO THIS AGREEMENT. e. THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS, ORDINANCES AND RULES AND ALL PENSION, INSURANCE, RELIEF, DISABILITY, WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE EMPLOYEES' DUTIES WITHIN THE TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY APPLY TO THE 'EMPLOYEE TO THE SAME DEGREE, MANNER AND EXTENT WHILE ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID, VOLUNTEER AND PART TIME EMPLOYEES. f.' NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING BUDGETED JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED' BY THE ASSISTING AGENCY PERFORMING HEREUNDER. g NOTHING IN THIS AGREEMENT IS INTENDED' OR IS TO BE CONSTRUED AS ANY TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY HERETO TO THE OTHER. SECTION VI: LIABILITY INSURANCE THE CITY OF NORTH MIAMI BEACH IS ' SELF- INSURED PURSUANT TO CHAPTER 768, FLORIDA STATUTES. SOUTH MIAMI SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIED IN SECTION 76828(15)(a), FLORIDA STATUTES, IN AN AMOUNT WHICH IS, IN THE JUDGEMENT OF THE GOVERNING BODY OF THAT PARTY, AT LEAST ADEQUATE TO COVER THE RISK' TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD THE INSURANCE COVERAGE, HOWEVER PROVIDED, OF ANY PARTY BE CANCELLED OR UNDERGO MATERIAL CHANGE, THAT PARTY SHALL NOTIFY ALL PARTIES TO THIS AGREEMENT OF SUCH CHANGE WITHIN TEN; (10) DAYS OF RECEIPT OF NOTICE' OR ACTUAL KNOWLEDGE OF SUCH CHANGE.. SECTION VII: ' FOREFEITURE PROVISIONS a. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE, AIRCRAFT, ; CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA CONTRABAND FOREFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT, THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR MAINTAINING ANY FOREFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA STATUTES. THE AGENCY` PURSUING THE FOREFEITURE ACTION SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION' TO BRING THE ACTION OR DISMISS THE ACTION. b. ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FOREFEITURE ACTION. TIT 1111 TF S nr #. SECTION VIII: EFFECTIVE DATE THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE UNTIL MARCH 09, 2010. UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING. CANCELLATION: ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WILL BE AT THE DIRECTION OF ANY SUBSCRIBING PARTY. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED. City Manager, City Manager, North Miami Beach, FL South Miami, FL Date Executed: Date Executed: ATTEST: ATTEST: City Clerk, City Clerk, North Miami Beach, FL South Miami, FL APPROVED AS TO FORM APPROVED AS TO FORM AND CORRECTNESS ONLY/ AND CORRECTNESS TERMS ANS CONDITIONS PROVIDED BY OTHERS City Attorney, City Attorney, North Miami Beach, FL South Miami, FL 4 JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT AND THE - CHIEF OF THE SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO MUTUAL AID ACT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: ♦ participating in law enforcement activities that are preplanned and approved by each respective agency head; or ♦ appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of North Miami Beach and the City of South Miami, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent' declarations. 1. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations; controversial trails, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control' measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills and electrical failures. 5. Terrorist activity including, but not limited to, acts of sabotage: 6. Escapes from or disturbances within detention facilities. 7.. Hostage; and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to_ emergency and in- progress calls, pursuits and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units e.g.; underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol- and police information, 15. Joint training in areas' of mutual need. 16. i Joint multijurisdictional marine interdiction operations. c r ATTEST: i i " CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT City Clerk Linda M. Loizzo, Chief Date: ATTEST: CITY OF SOUTH MIAMI POLICE DEPARTMENT City Clerk Lisa Morton, Acting Police Chief Date: t Sovr South Miami U • INCORPORATED "+ CITY OF SOUTH MIAML. - o ?7 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: Lisa Morton, Acting Police Chief Date: June 13, 2006 Agenda Item # 0 Subject: Mutual Aid Agreement with Federal Bureau of Prisons, Federal Correctional Institution Miami, Florida Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ,CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE FEDERAL BUREAU OF PRISONS, FEDERAL CORRECTIONAL INSTITUTION MIAMI, FLORIDA FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF ' THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23,1225 ,(3)9 FLORIDA STATUES; PROVIDING AN EFFECTIVE DATE' Request: The Police Department is requesting to enter into a mutual' aid agreement with the Federal Bureau of Prisons, Federal Correctional Institution Miami, FL - Reason/Need: The Florida State Statutes (Chapter 23) authorize the governing body of municipalities to empower the Chief Executive Officer of the Municipality to enter into agreements for shared law enforcement services in specific times of need. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission, including personnel and equipment, as well' as providing for reciprocity. Backup Documentation: Draft Agreement I ,-M, Wr;:��;,. m R, r,, • w-., t':^ 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT 'WITH , 6 THE FEDERAL BUREAU OF PRISONS, FEDERAL CORRECTIONAL 7 INSTITUTION MIAMI, FLORIDA FOR GENERAL AND SPECIFIC 8 LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF 9 SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 10 23.1225 (3), FLORIDA STATUES; PROVIDING AN EFFECTIVE DATE 11 12 WHEREAS, Chapter 23 Florida Statues, The Florida Mutual Aid Act, requires the 13 authorization by the governing body of the municipality before a Mutual Aid Agreement may be 14 entered into by the Mayor or Chief Executive Officer of the municipality on behalf of the law 15 enforcement agency ; and 16 17 WHEREAS, there is the existing and continuing possibly of the occurrence of law 18 enforcement problems and other natural man -made conditions which are likely to be beyond' the 19 control of the services, personnel, equipment or facilities of the City of South Miami Police 20 Department and/or the afore mentioned entity; and 21 22 WHEREAS, to meet the responsibility of the respective governments to ensure public 23 safety of their citizens by providing adequate levels of police services; preparation must be made 24 to protect the public peace and safety and to preserve the lives and property of the people in the 25 jurisdictions. 26 27` NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 29 30 Section 1. The City Manager of the City of South Miami is authorized to enter into a 31 Mutual ,Aid Agreement, in form acceptable to the City Attorney, with the 32 Federal Bureau of Prisons, Federal Correctional Institution Miami, Florida 33 on behalf of the City of South Miami Police Department pursuant to 34 Section 23.1225 (3), Florida Statues. 35 36 Section 2. This resolution shall take effect immediately upon execution 37 38 39 PASSED AND ADOPTED this day of 92006. 40 41 42 43 SIGNATURES ON FOLLOWING PAGE 44 45 46 L 2 ATTEST; APPROVED: 3 4 5 ; CITY CLERK MAYOR 6 7 Commission Vote: 8 READ AND APPROVED AS TO FORM; Mayor Feliu: 9 Vice Mayor Wiscombe: 10 Commissioner Palmer:° 11 CITY ATTORNEY Commissioner Birts: 12 Commissioner Beckman: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 C:\Documents and Settings \SRothstein\My Documents\Reso- Ord\Agenda Resolution Federal Bureau of ]Prisions 46 Mutual Aid 06.doc MEMORANDUM OF UNDERSTANDING BETWEEN FEDERAL CORRECTIONAL INSTITUTION MIAMI, FLORIDA' FEDERAL BUREAU OF PRISONS UNITED STATES DEPARTMENT OF JUSTICE AND SOUTH MIAMI POLICE DEPARTMENT CANINE UNIT This Agreement is hereby entered into between the Federal Bureau of Prisons, Federal Correctional Institution (FCI), Miami, Florida, hereinafter referred to as FCI Miami and the South Miami Police Department, Florida. Additionally, this Memorandum of Understanding (MOU) provides for the recognition of what assistance can be provided to FCI Miami by the South Miami Police Department, pursuant to the authority contained in Chapter `4 of the Federal Bureau of Prisons policy entitled "Correctional Services Procedures Manual," PS 5500.12 (10/10/03), Department of Justice directives, e.g. 28 C.F.R. §'65, and relevant federal and state law. The parties hereby agree as follows: I. PURPOSE/ SCOPE OF AGREEMENT A. This MOU and Agreement between the FCI Miami and the South Miami Police Department establishes the responsibilities of each when resources are requested. B. As further described herein, all resources requested shall be advance notice and limited to operations which each party's staff are authorized to provide and for which they are trained and have expertise. C. Nothing contained herein shall be construed to abrogate, impair, alter, or amend any other agreement now in effect between the parties. This agreement shall not affect any pre- existing, independent relationship(s) between the parties or between the parties and any other third party or third parties: II. ASSISTANCE TO SOUTH MIAMI POLICE DEPARTMENT BY FCI MIAMI A. Upon request from the South Miami Police Department, the Warden can approve the following kinds of assistance to the South Miami Police Department: I Memorandum of Understanding South Miami PoliceDept." Page 2 1. Entrance Procedures. FCI Miami staff will assist in processing South Miami Police Department staff into the institution. 2.,Securily. FCI Miami staff will provide an escort for the South Miami Police Department upon entering the Federal Correctional Institution or Satellite' Camp: III. ASSISTANCE TO FCI MIAMI BY SOUTH MIAMI POLICE DEPARTMENT A. Upon request from the Warden or designee, South Miami Police Department may provide assistance, with advance notice, to FCI Miami in the use of canine units for the purpose of drug and/or cadaver detection, and to track and locate escaped inmates. The FCI Miami will make all necessary arrangements for the security of the canine(s) and will follow all recommended procedures regarding the use of the units. IV. PERIOD OF AGREEMENT /TERMINATION A. This MOU will become effective upon the date of the last signature of the parties, as designated below, and it will remain in effect until terminated by mutual agreement or by either party upon 60 days advanced written notice to the other party. The MOU will remain in effect during the term in office of any successor Warden or Sheriff unless terminated or modified. B. This MOU shall be reviewed by FCI Miami and the South Miami Police Department officials every November in order to assess its continued applicability. V. MODIFICATION PROCEDURES Either party may propose a modification to this MOU at any time. All proposed extensions and/or modifications will be in writing and will become effective only upon the written agreement' of both parties. VI. REIMBURSEMENT A. In accordance with each party's financial management policy at the time of the emergency, the party requesting assistance shall`' reimburse the party providing assistance for the cost of resources expended and/or damaged, including personnel employed beyond the initial response time. B. Nothing contained herein shall be construed to obligate the FCI Miami to any expenditure or obligation of funds in excess or advance of appropriations, in accordance with the Anti= DeficiencyAct, 31 U.S. C. 1341. Memorandum of Understanding South Miami PoliceDept. Page 3 VII. SURVIVAL AND SEVERABILITY The provisions of this Agreement, which require performance after the termination of this Agreement, shall remain in force not withstanding the termination of this Agreement. If any provisions of this Agreement are determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulation. VIII. LIABILITY AND INDEMNIFICATION Each party shall be responsible for any liability arising from its own conduct and retain immunity and all defenses available to them pursuant to federal and state law. Neither party agrees to insure, defend, or indemnify the other party. IX. DISPUTE RESOLUTION In the event of a dispute between the parties, the parties agree that they will use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of non- binding alternative dispute resolution mutually acceptable to the parties. j X. THIRD PARTY CLAIMS I This Agreement is for the sole and exclusive benefit of the signatory parties, and shall not be construed to bestow any legal right or benefit upon other persons or entities. For the FCI Miami: 'i i r r Dateectional Institution Miai, Florida For the South Miami Police Department: Lisa Morton Date Acting Police Chief South Miami Police Department South Miami, Florida 'SnIFSiT AF ✓p U.S. Department of Justice Federal Bureau of Prisons Federal Correctional Institution Miami, Florida 33177 BUREAU Office of the Warden February 13, 2006 Mr. Orlando Martinez Chief of Police South Miami Police Department South Miami, FL 33128 Dear Mr. Martinez: The Bureau of Prisons encourages the Wardens of each institution to establish formal communications with other Law Enforcement Agencies. Unfortunately, situations may arise which requires our different agencies to interact in order to bring resolution to 'a crisis situation. For this reason, the Bureau of Prisons encourages: each institution to establish Memorandums of Understanding with other local Law Enforcement Agencies annually:' The Memorandum of Understanding, will establish guidelines and procedures, of what can be expected from each agency, in the event of a crisis situation. The MOU addresses manpower issues, along with specific services and resources each agency can provide. Attached is a copy of our local MOU. Please review and indicate if you with for any changes to be made. If you do not wish for any changes to be made, please indicate as such and return to my office. If you have any questions or concerns, please contact Tim' Bryne, Chief Correctional Supervisor at 305 -259 -2100 extension 123. Sincerely, Jorge strana Wa en Off' ' o u T Please reply to: v Office of the City Attorney INCORPORATED 18001 Old Cutler Road, Suite 556 1927 P Miami, Florida 33157 o R1 ♦� (305) 854 -5353 (305) „854- 5351(Fax) City of South Miami 6130 Sunset Drive, South Miami, Florida. 33143 May 8, 2006 Lt. Bruce Ross City of South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 Re: Memorandum of Understanding between Federal Correctional Institution, Federal Bureau of Prisons and South Miami Police Department Canine Unit Dear Bruce: I enclose your original file that contains the above referenced document that you asked me to review. We have retained a copy for our office files. Thank you. Ve truly yours, e A. Boutsis, ffice of City Attorney i EAB /glr Enclosure 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; RE- APPOINTING SHARON 6 MCCAIN TO SERVE ON THE PARKING COMMITTEE FOR A 7 TERM ENDING JUNE 12,2008; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, The Mayor and Commission recognize the important contributions 11 made by those who serve on the various city boards and committees, and wish to appoint a 12 full complement to each of the active boards and committees; and 13 14 WHEREAS, The City Commission desires to re- appoint Sharon McCain, a 15 resident of I South Miami, to serve for a two -year term on the Parking Committee. 16 Appointment shall expire June 12, 2008 or until a successor is duly appointed and 17 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 Sharon McCain to the 23 Parking Committee. 24 25 Section 2. The expiration date of this appointment shall be June 12, 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 DAY OF 2006 31 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 READ AND APPROVED AS TO FORM: 45 46 47 CITY ATTORNEY X j F I o r i, d a _ w CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION D 6130 Sunset Drive Phone No. 305- 663 -6340' W z W South Miami, FL 33143 Fax No. 305- 663 -6348 U a r I a �' 1. Name: 5h V (Pleases print) 2. Home Address:' 3. Business Address: 4. Home Phone No. _ Business Phone No. Fax Nor 5. E -mail Address: __ r r_ 6. Education/Degree E rned: k6doo,4Ut43I s' d l` Fdsh io 4 Ti Work Experience: Field Expertise• 7. C �m unity, Service: k X-) 1 e 1� ; 's k- r s► V4'aj De cia. I �� W..In a i U S. 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 m i erested in 'ng on tl he following board(s) /committee(s): c- First ch ice Second choice Third choice Fourth choice Signature, Date L(]� Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 ,,.�. c - '°���- �'r:��.'�l�'". ,SI"L"E +'�fi�ae��i t�l °la ✓t�?¢�€.F t`.s*-.: �;°� :.,`- r;�,k,r...��€?,. "�m� ,_., ►U 1 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH ; MIAMI, FLORIDA, RELATING TO S BOARDS AND COMMITTEES; APPOINTING KENNETH ' 6 MERKER TO SERVE ON THE PARKING COMMITTEE FOR A 7 TERM ENDING JUNE 12,2008; AND PROVIDING AN EFFECTIVE 8, DATE. 9 10 WHEREAS, The Mayor and Commission recognize the important contributions 11 made by those who serve on the various city boards and committees, and wish to appoint a 12 full complement to each of the active boards and committees; and 13 14 WHEREAS, The City Commission desires to appoint Kenneth Merker, a resident 15 of South Miami, to serve for a two -year term on the Parking Committee. Appointment 16 shall expire June 12, 2008 or until a successor is duly appointed and qualified. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 20 21 Section 1. The City Commission hereby appoints Kenneth Merker to the 22 Parking Committee. 23 24 Section 2. The expiration date of this appointment shall be June 12, 2008 or 25 until a successor is duly appointed and qualified. 26 27 Section 3. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED THIS DAY OF , 2006 30 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 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY 4. Home Phone No. nusiness rnone ivo. - Fax No. 5. E -mail Address: 6. Education/Degree Earned: Work Experience: C ^', ri t c - - � f / .-e /, f a h FPS J Field Expertise: 7. Community Service: 1 2 r -2t'P T / iJ.r--, ' , lr. r�. c �.�.c 4vwa n i er- +'—� {+✓' f�. c� d V G 8. Are you a registered voter? Yes No 7 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 V/ African American _ Hispanic American Other 12. in interested in s 'ng on the f llowing board(s) /committee(s): i Aq First 2e Second choice Third choice Fourth choice Signature_ Date - ApPlicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS'' AND COMMITTEES; RE- APPOINTING ALBERT S. $ ELIAS TO SERVE ON THE PARKING COMMITTEE FOR A TERM 7 ENDING JUNE 12,2008; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, The Mayor and Commission recognize the important contributions 10 made by those who serve on the various city boards and committees, and wish to appoint a 11 full complement to each of the active boards and committees; and 12 13 WHEREAS, The City Commission desires to re- appoint Albert S. Elias, a resident 14 of South Miami, to serve for a two -year term on the Parking Committee. Appointment 15 shall expire June 12, 2008 or until a successor is duly appointed and qualified. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 19 20 Section 1. The City Commission 'hereby re- appoints Albert ` S. Elias to the 21 Parking Committee. 22 23 Section 2. The expiration date of this appointment shall be June 12, 2008 or 24 until a successor is duly appointed and qualified. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED THIS DAY OF , 2006 29 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 Commissioner Birts: 41 Commissioner Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY � y , y .V��WW (`pR \iM • Crrr OF sourm wAui sommeoAmnTEE APPMCAVON Phoxe Na 30$.663-6340 6130 SaxW Ddve Fax No. 304U4348 South Vii, FL 33143 l 1 L Name: s -6 &4"e DOW Z. Home Address: _ 3.. Bnsiness,Addrew, _ 4. Home Phone No. J $asiness Plwme No. Fax ,No. _- 3, E-mail Address: 6. F.docadon/DeQree Based: o-. Work Espe ce: )Field Expertise:: T. Continual Strvice• ^ s. Are you a registered voter? Yes No 9. Are you • resident of the City? Yes No 10 Do you have a business in the City? ;' Yes No 11, Ethnic Orion? African American Hisponic Amerecan_ Other White Non- Hisrapic �/ ,_ _ 12. I am interested in serving on the following bosrd(s )/eomm ttec(s): F7nt e6�ice S"b" choice 71 TMr� bd" - FovAi Ada Signature Bate Applicant THIS APPLICATION WILL Ry24AIN oN!FILE FOR ONE YEAR Revised 4I06 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING OSCAR RIVERO TO 6 SERVE ON THE PARKING COMMITTEE FOR A TERM ENDING 7 JUNE 12,2008; AND PROVIDING AN EFFECTIVE DATE. , 8 9 WHEREAS, The Mayor and Commission recognize the important contributions 10 made by those who serve on the various city boards and committees, and wish to appoint a I 1 full complement to each of the active boards and committees; and 12 13 WHEREAS, The City Commission desires to appoint Oscar Rivero, a resident of 14 South Miami, to serve for a two -year term on the Parking Committee. Appointment shall 15 expire June 12, 2008 or until a successor is duly appointed and qualified. 16 17 _ NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 19 20 Section 1. The City Commission hereby appoints Oscar Rivero to the Parking 21 Committee. 22 23 Section 2. The expiration date of this appointment shall be June 12, 2008 or 24 until a successor' is duly appointed and qualified. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED THIS DAY OF 52006 29 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 _Commissioner'Birts: 41 Commissioner Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY Jun. 6 2006 2:07PM RIVERS DEVELOPMENT GROUP No.1840 P. 3 Rim Di3vuOPMENT GROUP, ,. INC. Development #Constructialt #Project Afana,gernent OSCAR RIVERO ESQ. President Mr. Rivero specializes in unique mixed -use development projects, affordable housing development, land use, special financing districts, redevelopment of infill sites, and extensive experience with public - private development. As Founder and President of Rivers Development Group, Inc. (ROG), Mr. Rivero supervises all of the firm's operations, including project development, financing, legal and project management Mr. Rivero specializes in unique mixed -.use development projects, land use, special financing districts, affordable housing, tax credit issues, and public-private development. In addition, Mr. Rivero has developed expertise in the areas of federal housing regulations,: tax credit deals, multi - family bond financing, sale - leaseback transactions, ,land use and general real estate development for low to moderated income individuals. Mr. Rivero has served as an assistant to then Dade County Commissioner Alex Penelas, who later became Miami -Dade County's first Executive Mayor. As Chairman of the Miami Parking Authority, Mr_ Rivero has spearheaded a $40 million bond issue to redevelop existing surface lots and garages as well as updating meters to automated pay- n•display machines. In addition, Mr. Rivero has championed the development of new mixed -use facilities with public parking components, combined with the sale or lease of air rights to private developers. As a board member of the Miami -Dade Expressway Authority, Mr. Rivero serves as Chairman of the Operations Committee, and in this capacity' he guides and oversees the procurement of architects, engineers, and contractors, etc., whose five- year capital improvement program totals over $1 billion. Mr. Rivero is a graduate of the Greater Miami Chamber of Commerce Leadership Miami program, and has been involved in a number oommunity -based programs and non -profit organizations. EDUCATION BS, Finance and International Business, Florida International University, Miami, FI Juris Doctorate, Florida State University, Tallahassee, FI PROFESSIONAL AFFILIATIONS Chairman, Miami Parking Authority Board of Directors, Miami -Dade Expressway Authority Member, Orange Bowl Committee Leadership Miami Graduate Young Leader of the United Way of Dade County's Leadership Circle Former Board Member, Miami -Dade County Housing Finance Authority Former Technical Advisor, City of Miami Charter, Review Committee Former Gubernatorial Appointment, Florida Sports Foundation Former Member, Miami -Dade County Industrial Development Authority Former Founder and Chairman of IMPACT Miami Former Greater Miami Chamber of Commerce, Governmental Affairs Committee Former Chairman, Flamingo Stakes Host Committee AWARDS AND ACHIEVEMENTS Chivas Regal Order of Distinction — Politics and Public Administration, 1997 Jonnie Walker Black Label — Camino al Triunfo Award, 1998 South Beach & Greater Miami Hispanic Chamber of Commerce — Entrepreneur of the Year, 2001 South Florida Business Journal's Up & Comers Award, 2004 Hispanic Heritage Festival —Young Hispanic Leadership Award, 2005 so u rr� South Miami AIMM-MM . INCORPORATED CITY OF SOUTH MIAMI �l o 1927 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 Date: June 13, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A CS -OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS '7, 8, 27, 28, 29 AND 30 BLOCK A OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARKINS LOCATED AT 5974 SW 66th STREET AND 5977 SW 66th TERRACE OVER THE EXISTING RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THESE PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The applicant is requesting a rezoning of six lots which are part of 12 lots owned by the Higher Praise, & Worship Center, South Miami Church of God of Prophecy which is located at 6600 SW 59th Place. The rezoning request is to place the Community Service' Overlay District zone over the six lots which would result in all of the church's property on this block being of the same zoning, RS -4 :(CS -OV). The purpose of the rezoning is to allow the additional lots to be used for church purposes as defined in the Land Development Code. The applicant, Higher Praise & Worship Center, South Miami Church of God of Prophecy qualifies as a community -based service provider as defined in the LDC Section 20 -9.4 and is eligible to apply for the placement of the CS -OV zoning district on property owned by the church. The applicant has not set forth a specific development plan for the subject properties undergoing rezoning. It can be anticipated that a major portion of these lots will be used for off - street parking. The proposed zoning change is compatible with the existing zoning pattern and with ;other uses in the immediate neighborhood. The Planning Board at its May 9, 2006 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the zone change. Recommendation: It is recommended that the Higher Praise & Worship Center, South Miami Church of God of Prophecy request to change zoning be adopted on second reading, subject to the submission of a Unity of Title, as required by Section 20 -9.11 of the LDC.' Backup Documentation: Ordinance Application / Letter of Intent Location map Property survey Section 20 -9, LDC Planning Department Staff Report 5 -9 -06 Planning Board Minutes Excerpt 5 -9 -06 Public notices DOD /SAY E: \Comm Items\2006 \6- 13- 06 \CS -OV CM Cover report.doc 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP 6 OF THE CITY OF SOUTH MLA.1I1 LAND DEVELOPMENT CODE BY PLACEMENT OF A 7 CS -OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS 7, 8, 27, 28, 29 8 AND 30 BLOCK A OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF 9 LARKINS LOCATED AT 5974 SW 66th STREET AND 5977 SW 66th TERRACE OVER THE 10 EXISTING RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THESE 11 PROPERTIES; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Application No. PB -06 -012 was 7 submitted to the Planning Department by the 16 Higher Praise & Worship Center, South Miami Church of God of Prophecy said application requesting to 17 amend City's Official Zoning Map and Sections 20 -9.1 and 20 -9.3 of the Land Development Code to 18 include in the Community Service Overlay District properties legally described as Lots 7, 8, 27, 28, 29 19 and 30, Block A of the Re- subdivision of the Townsite of Larkins from RS -4 to RS- 4(CS -OV) 20 21 WHEREAS, after review and 'consideration, the Planning and Zoning Department recommended 22 approval of the application; and 23 24 WHEREAS, on May 9, 2006, after Public Hearing regarding the proposed amendment to the 25 Community Service Overlay District, Sections 20 -9.1 and 20 -9.3 of the Land Development Code, and to 26 the City's Official' Zoning Map, the Planning Board approved the application by a vote of (5 -0); and 27 28 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 29 and enact the aforesaid amendment. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 32 ` OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. That Section' 20 -9.3, entitled Community Service Overlay District Boundaries of the 35 South Miami Land Development Code is hereby amended to read as follows: 36 37 Section 20 -9.3 Boundaries. 38 39 The properties in the Community Service (CS) overlay zoning district shall be delineated on the City's 40 Official Zoning Map with the symbol "CS -OV" and shown as "darkened areas in Figure 20 -9.1. the 41 properties are legally described as follows: 42 43 Lots 7, 8'and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in 44 Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and 33 of 45 Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less 46 the west 15 feet thereof, Lots 41, 42,'43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying 47 south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 87 of Block 15 and 7 1/2' feet 48 of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN 49 SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public 50 Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5, 6 7, 8, 9, 10, 11, 12, 13, 25, Md 26, 27. 51 28 29 and 30, Block A, RE- SUBDIVISION OF TOWNSITE OF LARKINS according to the 52 plat thereof, as recorded in Plat Book 4 at Page 1 of the Public Records of Dade County, Florida; 2 1 and, Lots 12, 13 and 14 of Block 2, TOWNSITE OF LARKINS SUBDIVISION, according to the 2 plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records` of Dade County, 3 Florida; and, the North 1/2 of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and Loth 4, 5, 6, 4 and 7 of Block 4 less roadway dedications, AMENDED PLAT OF HAMLET, according to the 5 plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida; 6 and, East 50 feet of West 200 Feet of North 105.50 feet of East 1/2 of Northwest' /4 of Southeast 1/4 7' Less Streets, Section 25- 54- 40,'Dade County, Florida; and East 50 feet of West 150 feet of North 8 105.50 feet of East %2 of Northwest 1/4 of Southeast 1/a 'Less Streets, Section 25- 54 -40, Dade 9 County, Florida; ,and, East 50 feet of West 100 feet of North 105.50 feet of East 1/2 of Northwest 10 1/4 of Southeast '/4 Less Streets, Section 25- 54 -40, Dade 'County, Florida; and West 50 feet of 11 North 105.50 feet of East 1/2 or Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Dade 12 County, Florida. 13 14 Section 2. That the City's Official Zoning Map, as provided for in Section 20- 3.1(C) of the Land 15 Development Code and the CS -OV location map identified as Figure 20 -91 shall be amended by 16 changing the zoning on properties legally identified as properties legally described as Lots 7, 8 27, 28, 29 17 and 30, Block A of the Resubdivision of the Townsite of Larkins from "RS -4," Single Family Residential 18 to "RS- 4(CS -OV)' , Single Family Residential, Community Service Overlay District. 19 20 Section 3. The approval of the CS -OV zone change shall be subject to the applicant providing a 21 Unity of Title as required by LDC Section 20 -9.11. 22 23 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 24 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 25 the remaining portions of this ordinance. 26 27 Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 28 are hereby repealed. 29 30 Section 6. This ordinance shall be effective immediately after the adoption hereof 31 32 PASSED AND ADOPTED this day of - , 2006 33 34 ATTEST: APPROVED: 35 36 37 38 CITY CLERK MAYOR 39 40 1st Reading — 41 2d Reading — 42 CONMSSION VOTE: 43 READ AND APPROVED AS TO FORM: Mayor Feliu: 44' Vice Mayor Wiscombe: 45 Commissioner Palmer: 46 Commissioner' Birts: 47 Commissioner Beckman: 48 CITY ATTORNEY 49 50 NOTE: New wording underlined 52 53 E: \Comm Items\ 2006\ 6- 6- 06\LDC Amend =CS-OV Ordinance.doc City -of South Miami - -- - - --- F l Planning & Zoning Department ; APR C )64a 30 Sunset Drive, South Miami, Florida 33143 Telep one: (305)1663 -6326; Fax; (305) 666- 4591 ' ij Application For Public Hearing Before Planning, Board & City Commission,' Address of Subject Property: (o 6, rd S uJ 6,q rh ,411jc c Lot(s) _&�A Block Subdivision I �7'Ti4ctf�rl�T Meets &Bounds: Applicant: F-i i C07.4G1sz- ieol25H Phone:. 3 0 _�1 l7�Ir1 Ccr�c�� r­:1411 o Representative: P a rt g Ll F ,q-, -! Organization:'' H , /y X ze.Ao9V4p0 x,13./0 $ 574 fL PL 14e- Z- C jrr Address: Phone: 3 OS-- 2�i Prope rty Owner: AeAler- f u-:>oJv;if)p Signature: �7 ��� �zK�:lt .��c�l�cu7'1,t ri�is��/ C/i�tcczef o�Gr.O ' e p.4- r-C Mailing Address: t, (o to 4� 59 rt plAa z-, C� r�1 r Owl, d 3 ca r Phone: 3 S Y 2 g 4- / fi g Architect/Engineer: Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner V Owner's Representative Contract to purchase _Option to purchase —Tenant/Lessee APPLICATION IS HEREBY; MADE` FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE' ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC _Variance V Letter of intent Zoning Map Amendment _Special Use _ Justifications for change PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase sl' Current survey (I original' sealed and -� g signed/1 'reduced copy @ 11" x 17 ") 15 copies`of Site Plan and Floor Plans ;Zc �J *R x duce Py-Cml _ 20% Property owner signatures Section: Subsection: Page #: Amended Date: _ ai ing a e s sets) and map1�! '; _ Required F ee(s Y The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief. Applicant'i Signature and title Date Upon receipt, applications and'all submitted materials will be reviewed for com fiance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date, of Commission Petition Required Petition Accepted Method of Pavment 8/2/00 �<<�- .tea ��� - . ��;��. : � � , ; • ;� �, � � �.� ��� HIGHER PRAISE & WORSHIP CENTER INC. SOUTH MIAMI CHURCH OF GOD OF PROPHECY Senior Pastor 6610 S.W. 59`h Place Hm. (305) 251 -6603 Pansy Graham South Miami, Fl. 33143 Church (305) 284 -9787 April 5", 2006 Planning And Zoning Dept. City of South Miami 6130 Sunset Drive, South Miami, Fl. 33143 Sir/Madam Higher Praise & Worship Center Inc. South Miami Church of God of Prophecy, is applying for rezoning of Lots 1 through 8 and 27 through 30, Block A of "Resubdivisioh of Blocks 3&4 of Townsite of Larkins", in the Overlay District We are being asked to submit a fee in the amount of $4,000.00 with this application, which we are unable to afford. We are therefore asking for a waiver of this fee of $4,000.00. The Church has served this Community from its present location for over 50 years, reaching out to the Community through spiritual guidance, youth programs and various community outreach endeavors. It is in the interest of our continued service that we are applying for rezoning. I trust that our request will be favorably considered.` Respectfully, Pansy Graham, Pastor. t .. ^'?�';f ,�.�z',..i 71 -i, _ nom. ,. , City of South Miami PB -06 -012 Higher Praise & Worship Center / South Miami Church of God of Prophecy Change of Zoning to Community Service Overlay Zone (CS -OV) 5974 SW 66th Street / 5977 SW 66th Terrace °o CO co 1 5978 c o 6415 1 6412' 1 6411 6412 6420 6415 6401 Feet 6443 ca 4� v CD CD r - �' �� 6429 6443 6429 6428 6442 ' 6443 6442 c 6445 N 6457 s 6124 6100 6450 ; 6456 6461 6669 N N UJ �, tO CD 6420 .6471 C. c 6105 6487 6500 ° 6481 00 6501 6518 U) 6519 V 6533 0 6505 6500 N LO `° 6516 6532 6501 co 0 6135 6ssD 6551 6571 W D 5987 < co Lo 6540 co 6591 Q o � m SW 66TH ST rn 6601 CO 800 N Feet 6647 "' U') `, N 6669 N N UJ `° 0 c 6600 00 co 0 � o 6601 rn Lo '� 02 CD 5963 CD Qco �IG Sgs' 6601 CO 800 N Feet 6647 "' U') `, 6669 N N 590 C� SU'BJECT SW 67TH ST PROPERTIES N m 5949' 0 m SW 68TH ST SW 68TH ST 5950 co ^ N N O LO L2 r CD N ,�, LOCD bV N U.) ` 6845 X SW 69TH ST c rn � o m 5927.: 91 � t 6140 0 �2 o: 6900 1 F 0 200 400 600 800 1,000 Feet COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.3 ARTICLE IX. COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.1 Purpose and intent. It is the purpose and intent of this section to promote the health, ;safety, community acceptable standards of morals and general welfare of the residents of the City of South Miami' through the stated regulations of this section. The Community Services overlay zoning district is intended to provide for the establishment of an overlay zoning district in the Charrette Too: StudyArea, in order to provide for the special needs of community -based service providers and, specifically, to permit parking lot improvements, outparcel'' development, day care center facilities and building' additions for those properties under the sole ownership of community - based service providers, such as churches, mosques, synagogues, or temples. (Ord. No. 1 -97 -1622, § 1, 2- 18 -97) 20 -9.2 Applicability. The requirements of this article shall be in addition to other requirenzenfs n the City's adopted Land Development Code, and in the case of conflict the provisions of this Article shall control. (Ord. No. 1- 97- 1622, § 1, 2- 18 -97) 20 -9.3 Boundaries. The properties in the Community Service (CS) overlay zoning district shall be delineated on the City's Official Zoning Map with the symbol "CS -OV" and shown as darkened areas in Figure 20 -9.1. The properties are legally described as follows: Lots 7, S and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and 33 of Block 5 Lots 34, 35 and 36 of Block' 6, and the alley lying between Lots 34 and 35, Lot 40, less the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 37 of Block 15 and 71/2 feet of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5, 6, 9,` 10, 11,12, 13, 25 and 26, RE- SUBDIVISION OF TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 4 a Pave 1 of the Public Records of Dade County, Florida, . and, Lots 12,13 and 14 of Block 2, TOWNSITE`OF LARKINS SUBDIVISION, according to the plat thereof, as recorded in nat Book 2 at Page 105 of the Public Records of Dade County, Florida; and, the North' /_ of'Lot 5. Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2; and Lots 4, 5, 6, and 7 of Bloch 4, less roadway dedications, AMENDED PLAT OF HAMLET, according to the plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida; and, East 50 feet of Nest 200 feet of North 105.50 feet of East ' /•! of Northwest V1 of Southeast Vi Less Streets, Section 9-5- 54 -40, Dade County, Florida; and East 50 feet of West 150 feet of North 105.50 feet of East 'h of Northwest Vi of Southeast '/i Less Streets, Section 25- 54 -40, Dade County, Florida; and. East 50 feet of (Vest 100 feet of North Sump. No. G 199 20 -9.3 SOUTH MIAMI LAND DEVELOPMENT CODE I 105.50 feet of East 1/2 of Northwest 1/4 of Southeast I/4 Less Streets, Section 25- 54 -40, Dade County, Florida and `Vest 50 feet of North 105.50 feet of East /, or Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Dade County, Florida. (Ord. No. 1 -97 -1622, § 1, 2- 18 -97; Ord. No. 3 -99- 1677, § 1, 1- 19 -99; Ord. No.' 24 -99 -1698, § 1, 11- 16 -99; Ord. No. 4 -01 -1735, § 1, 2 -6 -01) supp..vo. G 200, -�� y ., . -a; ,< ^...: - �-,_: ...:- r�Te`i s� r�'t�E a^s'�3;�°�""^�t° a nab- -m ,.a,�° r „ �• , +, �" ��-.: � �' T- ,��r;�a, i .'�' , AVOW Supp. No. 5 200.1 COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.4 20 -9.4 Definitions. The definitions below, as may be amended from time to time, shall apply -to Article IX only.< Other than the revised definitions included in this subsection, the definitions provided under Section 20 -2.3 of the Land Development Code are applicable to the provisions of Article IX. Accessory building shall mean a detached subordinate building or portion thereof, the use of which is incidental to and in connection with a principal or main building which is under the same ownership as the main building. No accessory building shall be permitted which is not owned in conjunction with a principal or main building. Accessory use shall mean a building or structure, the use of which is subordinate and incidental to the main building or structure, and is under the same ownership as the main building or structure. _ Adult congregate living facility shall mean any building or buildings, section of a building: or distinct part' of a building, operated as a nonprofit '. entity, which undertakes through its ownership and management to provide, for a period exceeding twenty -four (24) hours, housing, food service and one or more personal services for four (4) or more adults, not related to the administrator by blood or marriage, who require such services and to provide limited nursing' services, when specifically licensed to do so pursuant to Florida Statutes. A facility offering personal services or limited nursing services for fewer than four (4) adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and hold itself out to the public to be an establishment which regularly provides such services'. Church, mosque, synagogue or temple shall mean a formerly organized religious entity with ownership of property or properties, a building or other structures, or a group of buildings or structures, which, by design and construction, are intended for organized worship services and commonly related services, such as educational, recreational, and social services, including day care and other community services, which principal facilities and main worship sanctuary structure are located in the Community Services (CS) overlay zoning district. Community residential home shall mean' an establishment licensed to serve clients of the Department of Health, and Rehabilitative Services, which provides a living environment for unrelated residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. Community service providers shall mean the existing institutions whose main buildings or structures are located within the Community Service (CS) overlay zoning, district as of the adoption date of this subsection, such as churches, mosques, synagogues or temples. Day care center shall mean any establishment providing for the daytime care of seven (7) or more children and licensed by the Department of Health and Rehabilitative Services. Group Home (See Community residential home.). Supp. No. 3 201 .:7 wr'^^.^e17 -- 'f'3 IN, 20 -9.4 SOUTH MIAMI LAND DEVELOPMENT CODE School shall mean institutions of general` education offering kindergarten through 12th grade education or any portion thereof, including special programs and facilities. (Ord. No. 1 -97 -1622, § 1, 2- 18 -97) 20-9.5 Development review procedures. (A) Applicants shall meet in pre- application conference with the Planning and Zoning Division staff to discuss and analyze proposed applications' in non - binding forum. Staff may prescribe special conditions in order to assure the overall compatibility of the proposes uses' and physical structures with the neighboring uses and physical structures. (B) Applicants shall submit an application for 'development responding' to the pre- application conference findings in the form prescribed under the provisions of Section 20 -5, entitled Article V. Procedures and Applications, as contained in the Land Development Code. (C) Upon receipt of applications for development, the Planning and Zoning staff shall review the application and assure that proposed uses and physical` structures are compliant with the purpose, intent and requirements of this article and applicable Code requirements. (D) Upon the staffs determination of compliance with the purpose; intent and require ments of this article and applicable Code requirements by the Planning and Zoning Division, the application shall be reviewed by the ERPB, as regulated by Section 20- 5.11.' (E) Applicants shall incorporate ERPB conditions, if any, and apply for all required building, electrical, mechanical, plumbing and utility permits, as regulated by Section 20 -5.13. (Ord. No. 1- 97- .1622, § 1, 2- 18 -97) 20 -9.6 Permitted uses and special uses. (A) The uses listed below are permitted by right within the district and are applicable to both new and existing buildings, including accessory structures and accessory uses. Pennitted Use by Right Required Parking Spaces Church, temple or synagogue 1 per 3 seating spaces Community residential home,* 6 persons or 2 per dwelling unit less Day care center,* 7 children or more 1 per 250 gross square feet Dwelling, single - family* 2 per dwelling unit Park or playground, public or private None *under the ownership, management and control of a defined community' service provider. (B) The uses listed below are permitted via special use approval. Applicants shall follow the procedures established for special uses, as set forth in subsections 20- 5.8(B) through (F), and shall follow those procedures for the required public hearings, as set forth in general in Section 20 -5.1 through; Section 20 -5.6. I Supp. No. 3 202' COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.7 l Permitted by Special Use Approval Required Parking Spaces Adult congregate living facility* 2 per dwelling unit Community residential home,* 7 persons or 2 per dwelling unit more Counseling services,* as defined under Sec - 1 per 250 gross square feet tion 20 -2.3 Funeral home,* per conditions under Section 1 per 300 gross square feet 20- 3.4(B)(3) School, elementary or secondary* 1 per 400 ,gross square feet School, vocational' or special programs* 1 per 400 gross square feet *under the ownership, management and control of a defined community service provider. (Ord. No. 1 -97 -1622, § 1, 2- 18 -97) 20 -9.1 Dimensional requirements. Minimum lot size (for subdivision only): Net lot area (square feet).... ... ..... .. .... 6,000 Frontage (linear feet) . .. .. ... .... .... ... 60 Required build -to lines (for principal structures): Front street (address side). .. . ................ . . Property line Side street (not including' alleyways) .. ........................ Property line Canopies, awnings and arcades may project over existing sidewalk areas Minimum yard setbacks, (for new construction): Front street (address side). ....... ... .. 0.0 feet Side street (not including alleyways) . .. ..... .. . ...... 0.0 feet Side street (for alleyways only) ... ... ... ... . .. 5.0 feet Side (Interior) ....... .... .. ..... .. 7.5 feet Rear (Interior).. .. .......... ...... .... ............ 10.0 feet Rear street . .... . . _ .. ... ... .... ..... ... 0.0 feet Any side adjacent to a single - family residence . .. . ....... 25.0 feet Maximum building height: Stories.......... .. .. .. .... .. ........ ... ... 2 Feet . ............... . ........ ... .... . . ... 25.0 feet Maximum building coverage ( %)'.... . ........ .... ................. 75 Supp. No. 5 203 20 -9.7 SOUTH MIAMI LAND DEVELOPMENT CODE Maximum impervious coverage ( %) ......................................... 85 (Ord. No. 1 -97 -1622, § 1, 2- 18 -97) 20.9.8 Parking regulations. , Buildings erected,, converted, enlarged, reconstructed, moved or structurally altered shall conform to the off = street parking requirements in Section 20 -4.4. (Ord. No. 1 -97 -1622, § 1, 2- 18 -97)' 20 -9.9 Signage regulations. The provisions of Section 20 -4.3 shall apply; and all properties in the Community Service overlay zoning district shall be permitted signage as set forth under subsection 20 -4.3 (I)(5): (Ord. No. 1 -97 -1622, § 1, 2- 18 -97) 20 -9.10 Supplemental regulations. The provisions of Section 20 -3.6 shall apply; and all properties in the Community Service overlay zoning district shall be evaluated under the provisions of Section 20 -3.6 as though the properties were exclusively used for single-family residential purposes. The purpose of this is to provide for visual uniformity with the surrounding single - family residential neighborhood. (Ord. No. 1- 97- 1622, § 1, 2- 18 -97) 20 -9.11 Unity of title required. (A) A Unity of Title, as set forth in Section 20 -5.16, is required for all platted lots in any development project within the Community Service Overlay District if any of the following conditions exist. (1) If 'a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more.', platted lots either abutting or located on the opposite sides of a public right -of- -way or alley; (3) If the required parking for a development project is located: on a lot other than on the site which is generating the required parking. (Ord. No. 23- 994697, § 6, 11- 16 -99) i ., �. qnA 4 sour South Miami �r krft" All- AmericaCky INCORPORATED ... 1927: O R1� R 2001' City of South Miami To: ` Honorable Chair & Planning Date: May 9, 2006 Board Members From: Don O'Donniley Re: LDC Rezoning: RS -4 to RS -4 Planning Director (CS -OV): 5974 SW 66th Street, 5977 SW 66th Terrace (A) PB -06 -012 Applicant: Higher Praise & Worship Center, South Miami Church of God of Prophecy Address: 5974 SW 66t1i Street, 5977 SW 66th Terrace AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A CS -OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS 7,8,27,28,29 AND 30 BLOCK OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARKINS- LOCATED AT 5974 SW 661h STREET, 5977 SW 66h TERRACE OVER THE EXISTING RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THIS PROPERTY; PROVIDING FOR 'SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING' AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting a rezoning of six 'lots which are part of twelve lots owned by the Higher Praise & Worship Center, South Miami Church of God of Prophecy which is located at 6600 SW 591h Place. The rezoning request is to place the Community Service Overlay District zone over the six lots which would result in all of the church's property on this block being of the same zoning, RS -4 (CS -OV). The purpose of the rezoning is to allow the additional lots to be used for church purposes as defined in the Land Development Code. APPLICABLE REGULATIONS , The Community Service Overlay District, which is Article IX (Section 20 -9) of the Land Development Code, was adopted in 1997 by the City Commission in order to provide a method whereby community —based service organizations could respond to special needs of the community (Charrette Too Study Area). G LDC Rezoning CS -OV May 9, 2006 Page 2 of 3 The technique developed was an overlay zone, which allows for additional uses that are not permitted or provided for in the underlying single - family use districts. The overlay zone allows for a number of uses, such as churches, temples, community residential homes, and day care centers, as permitted uses, and other uses such as ACLF's, funeral homes, and schools as special uses requiring public hearings before the Planning Board and City Commission. The purpose of the district as defined in Section 20 -9.1 is as follows: "to provide for the special needs of community -based service providers and, specifically, to permit parking lot improvements, out parcel development, day care center facilities and building additions for those properties under the sole ownership of community -based service providers, such as churches, mosques, synagogues, or temples. " This section (Article IX) provides a list of permitted and special uses, specific parking standards and dimensional standards, including building height and setbacks. A copy of these regulations are attached to this report. SITE ANALYIS In 1997, at the time the Community Service Overlay District was created, all of the church's property at that time ( Lots 1 -6) were placed in the overlay district. The applicant's current rezoning site consists of Lots 7,8,27,28,29 and 30, Block A of the Re- subdivision of the Townsite of Larkins. Two of the lots face SW 66ffi Street and four lots face SW 66th Terrace. Four of the six lots are vacant.' There is an existing single family residence on Lots 27 and 28 The following is a zoning and use analysis for the properties surrounding the lots to be rezoned site: Zonin2 Existing Use North RS- 4,Single Family Residential Single family homes West RS -4 (CS -OV) Single family home and a Church South RM -18 Low Density Multi Family Two story Apartment Complex (HUD) East RS -4, Single family Residential Vacant lots, church, apartment building STAFF OBSERVATIONS 1) The applicant Higher Praise & Worship Center, South Miami Church of God of Prophecy qualifies as a community -based service provider as defined in the LDC Section 20 -9.4 and is LDC Rezoning CS -0V May 9, 2006 Page 3 of 3 eligible to apply for the placement of the CS -OV zoning district on property owned by the church. 2) The applicant has not set forth a specific development plan for the subject properties undergoing rezoning. It can be anticipated that a`major portion of these lots will be used for off - street parking. The CS -OV regulations require a number of potential uses (schools, ACLF's, group homes, funeral homes, counseling services) to obtain approval through a separate special use application" process. A detailed review of the applicant's site plan would be part of the special use approval process. 3) The proposed zoning change is compatible with the existing zoning pattern and with other uses in the immediate neighborhood. SPECIFIC AMENDMENT The placement of a CS -OV zoning district on the applicant's property is accomplished by the adoption of an ordinance amending the Land Development Code. The ordinance will a) modify Section 20 -9.3, Boundaries, by including the written legal description of the six lots; b) modify the boundary map , Figure 20 -9.1, to include the subject property parcels; c) Amend the City's Official Zoning Map by changing the zoning on the six lots from "RS -4" to "RS -4 (CS -OV)'. RECOMMENDATION It is recommended that the Higher Praise '& Worship 'Center, South Miami Church of God of Prophecy request to change zoning of Lots 7,8,27,28,29 and 30, Block A of the Re- subdivision of the Townsite of Larkins from RS -4 to RS- 4(CS -OV) be approved, subject to the submission of a Unity of Title, as required by Section 20 -9.11 of the LDC. Attachments: Application Letter of Intent Location map Property survey Section 20- 9,;.LDC Public notices DOD /SAY E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \5- 9- 06\PB -06 -012 Rezoning to CS- OV.doc s0U IT, i IF � 1MCORPORATED � 1927 P' ZORt9 CITY OF SOUTH MIAMI PLANNING BOARD / Action Summary Minutes Regular Meeting Tuesday, May 9, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. Action: The Pledge of Allegiance was recited in unison. H. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms: Lahiff, Mr. Beilman Mr. Davis and Mr. Farfan. Board members absent: Mr. Comendeiro, Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings Mr. Morton swore in the speakers. PB -06 -012 Applicant: Higher Praise & Worship Center, South Miami Church of God of Prophecy Address: 5974 SW 6e Street, 5977 SW 66b Terrace AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A CS -OV, COMMUNITY` SERVICE OVERLAY ZONING DISTRICT' ON LOTS 7,8,27,28,29 AND 30 BLOCK A OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARIONS LOCATED AT 5974 SW 66'h STREET, 5977 SW 66`h TERRACE OVER THE EXISTING 'RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THIS PROPERTY; PROVIDING' FOR SEVERABILITY; 'PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Planning Board Meeting May 9, 2006 Page 2 of 3 Action: Mr. Morton read the ordinance into the record. Mr. O'Donniley explained that the applicant is requesting a rezoning of six lots which are part of twelve lots owned by the Higher Praise and Worship Center, South Miami Church of God of Prophecy which is located at 6600 SW 59th ` Place. The rezoning request is to place the community Service Overlay District zone over the six lots which would result in all of the church's property on this block being of the same zoning, RS -4 (CS -OV). The purpose of the rezoning is to allow the additional lots to be used for church purposes as defined in the Land Development Code. Mr. O'Donniley also indicated that in 1997, at the time the Community Service Overlay District was created all of the church's property at that time (Lots 1 -6) were placed in the overlay district. The applicant's current rezoning site consists of Lots 7,8,27,28,29 and 30, Block A of the re- subdivision of the Townsite of 'Larkins. Two of the lots face SW 66th Street and four lots face SW 66th Terrace. Four of the six lots are vacant. There is an existing single family residence onLots 27 and 28. In addition, Mr. O'Donniley provided the following staff observations: 1) The applicant Higher Praise & Worship Center, South Miami Church of God of Prophecy qualifies as a community -based service provider as defined in the LDC Section 20 -9.4 and is eligible to apply for the placement of the CS -OV zoning district on property owned by the church. 2) The applicant has not set forth a specific development plan for the subject properties undergoing rezoning. It can be anticipated that a major portion of these lots will be used for off-street parking. The CS -OV regulations require a number of potential uses (schools, ACLF's, group homes, funeral homes, counseling services) to obtain approval through a separate special use application process. A detailed review of the applicant's site plan would be part of the special use approval process. 3) The proposed zoning change is compatible with the existing zoning pattern and with other uses in the immediate neighborhood. Mr. O'Donniley explained that the application fee' was waived, and that the rezoning is accomplished by the adoption of an ordinance 'amending three sections of the Land Development Code; a) modify Section 20 -9.3, Boundaries, by including the written legal description of the six lots; b) modify the boundary map, Figure 20 -9.1, to include the subject property parcels; c) Amend the City's Official Zoning Map by changing the zoning on the six lots from "RS -4" to "RS -4 (CS -OV)'. Planning Board Meeting May 9, 2006 Page ,3- of 3' Recommendation Staff recommended that the Higher Praise & Worship Center, South Miami Church of God of Prophecy request to change zoning of Lots 7,8,27,28;29 and 30, Block 'A of the Re- subdivision of the Townsite of Larkins from RS-4 to RS- 4(CS -0V) be approved, subject to the submission of a Unity of Title, as required by Section 20 -9.11 of the LDC. Applicant: Rev. Pansy Graham Rev. Graham explained that Higher Praise & Worship Center South Miami Church of God of Prophecy has acquired over the past years additional land in order to expand the church in the future. She indicated that the church has served the community from its present location for over 50 years, reaching out to the community through spiritual guidance, youth programs and various community outreach endeavors. She ended her remarks by _stating that all the church is requesting is for the lots that pertain to the church to be zoned for church use. Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker Supported Mr. Tucker indicated he has been a long time resident of South Miami and believed that that the rezoning of the lots for church use-will be beneficial use for South Miami residents since this church runs programs that help the well -being of this community. Chair Morton closed the public hearing. Mr. Beilman asked Rev. Graham if she knew about the anticipated use of the lots that will be rezoned. Rev. Graham' explained that presently the land is being used for parking but the anticipated use for the lots will be for another sanctuary as well as upgrading of the present facility. Motion: Mr. Beilman moved' to recommend approval of the request with staff's conditions: 1. Submittal of Unity of Title 2. Application fee be waived. Ms. Lahiff seconded the motion. 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C. pD i C w 4 �p w 4 �p o 1 2 ORDINANCE NO 3 4 AN ORDINANCE OF THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, 6 FLORIDA, REPEALING CITY OF SOUTH MIAMI 7 ORDINANCE NO. 40 ENTITLED "AN ORDINANCE 8 PROVIDING FOR THE SEGREGATION OF THE WHITE 9 AND COLORED CITIZENS OF THE CITY OF SOUTH 10 MIAMI, FLORIDA;" PROVIDING FOR SEVERABILITY; 11 ORDINANCES IN CONFLICT; AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami shall take all 15 appropriate measures, including legislation, to modify or abolish existing laws, regulations, 16 ordinances and practices which constitute discrimination; and, 17 WHEREAS, the Civil Rights Act of 1964 (as amended) as codified in Title 42 Chapter 18 41 of the United States Code prohibits discriminatory practices; and, 19 WHEREAS, the City Commission recognizes that Ordinance No. 40 passed and adopted 20 on the 17th day of January, 1928 has been superceded by Federal and State law outlawing racial 21 discrimination and segregation; and; 22 WHEREAS, the Commission of the City of South Miami specifically recognizes that 23 Ordinance No. 40 is no longer in effect and that the civil rights of all citizens are equal before the 24 law; and, 25 WHEREAS, the Commission desires to denounce the Ordinance and formally repeal 26 Ordinance No. 40, and specifically recognize the equal rights and protection for all citizens. 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 29 30, Section 1. Ordinance No. 40 entitled "An Ordinance Providing for the Segregation of 31 the White and Colored Citizens of the City of South Miami, Florida," is hereby denounced, 32 vanquished, dissolved and formally repealed. A copy of Ordinance No. 40 is annexed and made 33 part of this Ordinance. 34 Additions shown by underlining and deletions shown byevef t 1` Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 2 ordinance are hereby vanquished, dissolved and repealed. 3 4 Section 3. This ordinance shall take affect immediately upon approval. 5 6 PASSED AND ADOPTED this day of 92006. 7 8 ATTEST: APPROVED: 9 10 11 CITY CLERK MAYOR 12 13 1" Reading — 14 2nd Reading 15 16 COMMISSION VOTE: 17 READ AND APPROVED AS TO FORM Mayor Feliu: 18 Vice Mayor Wiscombe 19 Commissioner Palmer: 20 Luis R. Figueredo, Commissioner Birts; 21 Nagin Gallop & Figueredo, P.A. Commissioner Beckman: 22 Office of City Attorney 23 24 Additions shown by underlining and deletions shown by ever- st-icing ! 3 "'f.,;''?'R'*�v ".T;??�*is.1! .ci ;l' .'f^ °,.3"3-asgc',z+"° m'Pmoa._ 26WJLL1¢F WIbLLU3Z -Z GO -¢¢w IL Om EL.�C unf O.=<OCCCOO QOO17w¢ '_ O W aZ Fm_Uop°1. w> Em m yQ. ¢JW WOOZ �W DJ46WO� m$mmmC m �C7aa1'.=mas Fwir ,2 ::Z F¢) azS¢•Zm ^p•yJ�WQy� aIL., = . =� awm<Fa =F ¢ LLmm ¢ ¢ O "aUmWO Q ~ a >c.1p3w p O¢ia z¢w u UF —N¢ ZJ ¢ O _2z ¢ LL v a c m E pwp o m 9wm C ao m_L�mo m� _ o OOa y � .22 O ° ¢ NW<23:0 vE — w m � citz m m E o <. .o ze LLo IM Z,e s Dc a•� ui �EDgw O �O¢ �.9Om <Op ' 0 =t9a 7O> U m = .0 >SWLLJQ<W¢ vO.¢U >�NW W:Sp pp > m. cU oa mm W. 20 o¢UaG1 t9 Y02 W- paw- « ^° mmm mr� W OO OZZ.O¢F¢Fmt7 8< w=O_S m:6a c gm m a U N� nDm E -:� xW U WOW }}NWZ' D S W W�i.¢f •S £ g. a C c HJOF' wxy.ZZO¢iS'.OW •^F.2�S QO . 0, OF W y }a- o L�iPa {PC E a 9 owo .a=a V r� L - OO��C,<- HWOW pyq U 16Q 1�3��mmE 2� ',$ � •3 'c W Ujw U <0 Z C O 0FwFW p m mgjP m 9 0 O z-ZUt7 ULLW m WOW oouuj 0° LD wS¢¢ �:WZmW woUa OOW mO� >� wW E0a OiW QW �E W <i:r m N ao5 g m - m SE CL °UC� 2'Q WYYQLLtl zO ! 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WLLO "°. OFO U?.yY6 'Z > OH W.0 Cip '.W WQZ.WZ W0M0C.)DO�01W- w. Em ¢o¢�a�°u�oSWaSwa 'aooz3oa��cpicp�a3oW.m¢¢n mao F E o `m mD W To a vmy rm :ar N O p t. -o,s> oam wmm.a W .2.,5 E p n W me mT TC E`O mi Emm °cm °am > D JmmNm €mt E. p, ro mcc aELL -..R 5on U n W �d. 3 :C ..L- iC N m D m H T._ m. m >. °•:." -m p mt ME mcmit op OEa.DCEcmz �/�_T T23 Xm Tm L � mom OCm Tm� G m.E �m °L m•E O. m.Z N U�m DN. 9:j'O CN,. —M,o m A Q 3 6z 5 .a � a 1cm D $ 1?D .m '.'. m Z 0 Z mnE 'm c . m W m W s -a .50: U 2 't m D "s m ma .: w ¢ C< ° <Zmm D ¢. D �Q^ y' JLLaF,O •L LL U m� C: cm O C mc O.t§� oWW mL Ud :xcE W : .`m¢°amC:'.t A:m a � NwC . 3 cm m LLm� p m v ' w a. OZ m O� 3.oDv W m O W y U U >U.mo p Un a 53 ¢LLmo moc W o W w U Sourr South Miami O r IV F yp V • V..�. • CITY OF SOUTH MIAMI INCORPORATED 1927 P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM -� °4 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: Don O'Donniley, Planning Director Dater June 13, 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, ,RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW A GENERAL RESTAURANT AS PART OF MACABI CIGARS LOCATED AT 5861 SUNSET DRIVE IN THE "SR (HD -OV)'9 SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Request: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, Macabi Cigars of South Miami, Inc. is requesting a Special Use Approval to expand an existing cigar and drinking place into a general restaurant located at 5861 Sunset Drive. The proposed use is located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District which permits general restaurants through the Special Use Approval Process. The applicant will convert the existing space (1704 sq. ft.) at 5861, Sunset Drive to a general restaurant. There will be seating for 49 persons. The change of use requires the applicant to provide additional off - street required parking spaces for the new use. Based upon parking requirements set forth in the LDC for a drinking place or a:restaurant (one space for each 100 sq. ft.) a: total of 17 parking spaces must be provided. The applicant has a parking space credit from the previous use (retail) and also provides valet parking, which together are equal to 15 off street parking spaces being provided. The applicant has advised that the property owner has designated a parking area (non- conforming spaces) for Macabi at the northeast corner of the property, accessible from S. Dixie Highway. If this area was redesigned to provide at least two spaces which conform to the LDC off - street parking standards the applicant is providing' the equivalent of 17 off street parking spaces. The requested special use complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8: The Planning Board at its May 30, 2006 meeting adopted a motion by a vote of 6 ayes 0 nays recommending that the _ application for special use approval be approved with conditions. 1 Recommendation: Approval of the application with the following conditions is recommended: (1) The applicant must continue providing a valet parking service; (2) Prior to the issuance of a building permit the applicant shall submit to the City a written statement from the property owner agreeing that the operation of the restaurant at 5861 Sunset Drive will not begin until two additional off - street parking spaces are ? provided on site; (As an alternative the applicant may provide the two required spaces through the use of a long term lease in form approved by City Attorney, or by payment into the Parking Infrastructure Trust Fund.) (3) If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Backup Documentation: Draft Resolution Application Location Map Letter of Intent Planning Department Staff Report 5 -30 -06 Planning Board Minutes Excerpt 5 -30 -06 Survey/Floor Plan Copies of Public notices 2 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 5 3.4(3)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL 6 TO ALLOW A GENERAL RESTAURANT AS PART OF MACABI CIGARS 7 LOCATED AT 5861 SUNSET DRIVE IN THE "SR (HD -OV)" SPECIALTY RETAIL 8 HOMETOWN DISTRICT OVERLAY ZONING DISTRICT;` PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Macabi 'Cigars of South Miami, Inc. has filed Application No. PB -06 -015 12 requesting Special Use Approval to allow for a general restaurant as part of an existing Macabi 13 Cigar establishment located at 5861 Sunset Drive in the "SR(HD)" Specialty Retail Hometown 14 District Overlay zoning district; and 15 16 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" Specialty 17 Retail Hometown District Overlay zoning district subject to meeting general conditions specified " 18 in LDC Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20 19 3.4(B)(4)(b); and 20 21 WHEREAS, the approval of a special use requires a; recommendation from the Planning 22 Board and the approval of the City Commission after a public' hearing; and 23 24 WHEREAS, on May 30, 2006 the Planning Board, after public hearing, voted 6 ayes 0 25 nays to recommend approval with conditions of the special use request; and 26 27 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 28 accept the recommendation of the Planning Board. 29 30 NOW, THEREFORE, BE IT " RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 32 33 Section 1: An application for special use approval to allow for a general restaurant as part of an 34 existing Macabi Cigar - establishment located at 5861 Sunset Drive in the "SR(HD)" Specialty 35 Retail Hometown District Overlay zoning district specifically located at 5861 Sunset Drive is 36 hereby approved subject to the following conditions: 37 38 (1) The applicant must continue providing a valet parking service; 39 40 (2) Prior to the issuance of a building permit the applicant shall submit to the City a 41 written statement from the property owner agreeing that the operation of the 42 restaurant at 5861 Sunset Drive will not begin until two additional off- street parking 43 spaces are provided on -site. (As an alternative the applicant may provide the two 44 required spaces through the use of a long term lease or by payment into the Parking 45 Infrastructure Trust Fund.) 46 1' (3) If the subject general restaurant is, in the future, determined by the Director of 2 Planning, to 3 be adversely affecting the health or safety of persons residing or working in the 4 vicinity of the proposed use, to be detrimental to the public welfare or property or 5 improvements in the neighborhood, or to be not in compliance with other applicable 6 Code provisions, the special use approval may be modified or revoked by the City 7 Commission upon notification and public hearing. 8 9 10 Section 2: This resolution shall be effective immediately after the adoption hereof. 11 12 13 PASSED AND ADOPTED this - day of , 2006 14 15 16 17 ATTEST: APPROVED: 18 19 20 CITY CLERK MAYOR 21 22 Commission Vote: 23 READ AND APPROVED AS TO FORM: Mayor Feliu: 24 Vice Mayor Wiscombe: 25 Commissioner Palmer: 26 Commissioner Birts: 27 Commissioner Beckman: 28 CITY ATTORNEY 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 E: \Comm Items\ 2006 \6- 13- 06\PB -06 -015 Macabi Resolution.doc 46 2 City of South Miami Planning & Zoning Department v City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 6 ( SUns'efi ri`v-C, LLoBt(s) lock Subdivision erg _ Meets '& Bounds: Applicant: Phone: 3os = tlql 2 Representative: Hec_ caOv 0 Organization: met Address: s w ?o S T Phone:✓C'�, l '1 Property Owner: Svy1_rrV5,- Signature: Mailing Address: ) S LaS 045 (31Vo 4*�P' Phone: _er_; Architect/Engine, Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC _Variance _ Zoning Map Amendment ASpecial Use _'Letter of intent _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship PUD Major Change _Other _ Proof of ownership or letter from owner Power of attorney Briefly explain, application and cite specific Code sections: _ Contract to purchase _ Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") K-� �f' 1ca Ce_ eAJpcCe La`G> S�cC `FYI We (,V i��� 15', copies of Site Plan and Floor Plans / �[ c ✓t�lu � C4 ^���ch i�r v � r� �Gv�Ze1n � � f/ if 1 reduced copy @ 11" x 17" _ 2 %I% Property owner signatures sea Cc, Section: Subsection` Page #: Amended Date: ! ailing labels (3 sets) and map �equi,red Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and . correct to the bes o e applicant 's knowledge and belief. Ap i ant's gnature and title Da e Upon ceipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected andpreturned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 i' 6109 SW 68TH 5950 w M 5$�$ 51g8 51ap 5��2 v N LO . u�i. CO Lo p^ 0 h^ S p ccno LO dj 15 5907 N r.- S�Pu, �� csj �� ■ 6845 in S o �r >s >o ss� s >s ®6 o o UJ ED 'Sp X96 6900 ,� cn sd 5 ss Or 5� ��� s8 �8 ao'�. ■ 821 r 70TH ST AN 0 y 0 Q .4e ; LO o Q 0 �� to Lo LO r- SW 71ST ST cn 83 Jap o co Ln LO �� co ;6 h Ln M sw y _ ■ as ■ ss h h ; SW 72ND ST �� SUNSET DR co Lo 0 695p 90 � m CDC co ro 5800 n 61 � o ° 5 s 9 m h ■ LO rl co w ■ 7230 00 o �aa 5859 n LO LYI y9p6 u°Di 5829 5795 7230 4 SW 73RD ST �7 5940 5824 o° 7301 LfD 7331 w 7311 0 5795 7320 7311 ti h� 7321 1-- s 7320 8 7321 S. so •. 7390 • si9j a' _ 5901 5791 7331 , 7 6022 o s 0 SW 74TH ■ r 5901 5875 CO 5801 S�9' 7400 M 7400 5950 M 5 7410 C) Q W 74TH TER 7azo = 7420 Cl) 7440 ^ i- 5890 ro 5800 m o 0 o 1O r5 fe ^r.5 5730 7450 Lkj L. 0 0 nj 7505 7500 7500 ■. 150 7511 1� U) 7515 7500 ■ 7520 7520 7521 7510 X520 ■ 0 300 600 900 1,200 1,500 Feet MACABI 5861 SUNSET DR. SOUTH MIAMI, FL 33143 305- 662 -4417 April 27, 2006 To: Don O'Doniley City of S. 'Miami Re: Special Use Permit I am filing the Special Use Application for the purpose of remodeling the existing space in my business. In this remodeling I am incorporating a full kitchen to enhance our menu. There will be no additional increase in square footage to the existing location. If you have any concerns feel free to contact me at my office 305- 666 -1439. Theyou, He Pre i SOU 7, South Miami o All- America Cih► ; •INCORPORATED� 1,927 fit0Rx0 p, ". 2001 To: Honorable Chair & : Date: May 30, 2006 Planning Board Members From: Don O'Donniley Re:Special Use Approval Director of Planning 5861 Sunset Drive Restaurant in SR(HD -OV) PB -06 -015 Applicant: Macabi Cigars of South Miami, Inc. Location: 5861 Sunset Drive A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(h) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO <ALLOW A GENERAL RESTAURANT AS PART OF MACABI CIGARS LOCATED AT 5861 SUNSET DRIVE IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT ; OVERLAY ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST: Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, Macabi Cigars of South Miami Inc. is requesting a Special Use Approval to expand an existing cigar and drinking place into ,a general restaurant located at 5861 Sunset Drive.. The proposed use is located in the "SR(HD)" , Specialty Retail Hometown Overlay Zoning District which permits general restaurants through the Special Use Approval. Process. A general restaurant is an establishment where the principal business is the sale of food and beverages to the customer in `a ready -to- consume state and where the design shall provide a sit -down area for the customers. STAFF ANALYSIS: (1) The applicant will convert the existing space (1704 sq. ft.) at 5861 Sunset Drive to a general restaurant. There will be seating for 49 persons.` (2) The current use of the building ;space is a' cigar store and the City has issued annually a retail establishment occupational license since ! 1996. Prior to that use a series of retail uses occupied the space. In 1998 the cigar store obtained from the State of Florida a liquor license allowing for the sale of alcoholic beverages. There is no City records demonstrating that the applicant applied for an updated occupational license which indicated a'change of use or an new use (drinking place). The change of use would have required the 'applicant to provide additional off - street required parking spaces' for the new use. Based upon parking requirements set forth in the LDC for a drinking place or a restaurant (one space for each 100 sq. ft.) a total of 17 parking spaces must be provided. a �I I t 5861 Sunset Dr. Special use approval May 30, 2006 Page 2 of 3 (3) The on -going retail use of the space qualifies for an off - street parking space credit of 6 spaces (300sq ft per space;/ 1704 = 5.6). The applicant has a current valet parking permit which allows for 50% or 9 spaces of the required off street parking spaces to be met. (1/2 of 17 =8.5). The applicant has advised that the property owner has designated a parking area (non - conforming - spaces) for Macabi at the northeast corner of the property, accessible from S. Dixie Highway. If this area was redesigned to provide at least two spaces which conform to the LDC off - street parking standards the applicant is providing the equivalent of 17 off street parking spaces.. (4) The applicant would normally be allowed to count the two on- street spaces in front of the business establishment to meet the required off street parking requirement. However, both of these spaces are used as the ramp (drop -off) area for the valet parking service: (5) The applicant will be required to provide to the City a letter from the property owner that this parking area is dedicated as parking for Macabi and that at least two conforming off - street spaces will be developed. The applicant could select a different option for providing the two required off - street spaces: long term lease for two off - street spaces in the vicinity or payment into the Parking Infrastructure Trust Fund the required amount for two spaces. SPECIAL CONDITIONS APPLICABLE: The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning: Board, The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use, b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, (c) Complies with all other applicable Code,provisions. In addition, special uses may also be 'required to comply with supplemental requirements, which are set forth in Section 20- 3.4(B)(4)(b)'. In the case of :a general restaurant the following requirements are listed (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street side services of any kind. A separate application for outdoor' seating would be required. (ii) No services of a drive -in or of a fast food nature shall be permitted. (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. RECOMMENDATION The requested special use complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following conditions is recommended: (1) The applicant must continue providing a valet parking service; (2) The applicant shall provide a written statement to the City agreeing that the operation of the restaurant at 5861 Sunset Drive will not begin until two additional off - street parking spaces are provided on site, or through the use of a long term lease or by payment into the Parking Infrastructure Trust Fund; 5861 Sunset Dr. Special use approval May 30, 2006 Page 3 of 3 (3) If the subject general restaurant is, in the future, determined by the Director of Planning , to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public ' welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code: provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Application Location Map Letter of Intent Survey /Floor Plan Copies of Public notices DOD /SAY E:\PB\PB Agendas taff Reports\2006 Agendas Staff Reports \3- 14- 06\PB -06 -010 Restaurant - 5810 Sunset Report .doc 11,I 1 �T d, 1 � 60U�^ d �. � INCORPORATED � DRAFT fit1927 O CITY OF SOUTH MIAMI PLANNING BOARD/ Action Summary Minutes Regular Meeting Tuesday, May 30, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. Action: The Pledge of Allegiance was recited in unison. H. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum; Mr. Morton, Mr. Comendeiro, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Luis Figueredo (City Attorney), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. `Planning Board Applications / Public Hearings Mr. Morton swore in the speakers. PB -06 -015 Applicant: Macabi Cigers of South Miami, Inc.' Address: 5861 Sunset Drive A RESOLUTION OF THE MAYOR AND CITY .COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(h) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW A GENERAL RESTAURANT AS PART OF MACABI CIGARS LOCATED AT 5861 SUNSET DRIVE IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Farfan read the resolution into the record. Mr. O'Donniley'explained that the applicant is requesting a Special Use Approval to expand an existing cigar and drinking Planning Board Meeting May 30, 2006 Page 2 of 4 place into a general restaurant located at 5861 Sunset Drive. The proposed use is located in the "SR(HD)" , Specialty Retail Hometown Overlay Zoning District which permits general restaurants through the Special Use Approval process. Mr. O'Donniley provided the following staff analysis: (1) The applicant will convert the existing space (1704 sq. ft.) at 5861 Sunset Drive to a general restaurant. There will be seating for 49 persons. (2) The current use of the building space is a cigar store and the City has issued annually a retail establishment occupational license since 1996. Prior to that use a series of retail uses occupied the space. In 1998 the cigar store obtained from the State of Florida a liquor license allowing for the sale of alcoholic beverages. There is no City records demonstrating that the applicant applied for an updated occupational license which indicated a change of use or an new use (drinking place). The change of use would have required the applicant to provide additional off - street required parking spaces for the new use. Based upon parking requirements set forth in the LDC for _a drinking place or a restaurant (one space for each 100 sq. ft.) a total of 17 parking spaces must be provided. (3) The on -going retail use of the space qualifies for an off - street parking space credit of 6 spaces (300sq ft. per space / 1704 = 5.6) The applicant has a current valet parking permit which allows for 50% or 9 spaces of the required off street parking spaces to be met. (1 /2 of 17 =8.5). The applicant has advised that the property owner has designated a parking area (non - conforming spaces) for Macabi at the northeast corner of the property, accessible from S. Dixie Highway. If this area was redesigned to provide at least two spaces which conform to the LDC off-street parking standards the applicant is providing the equivalent of 17 off street parking spaces.. (4) The applicant would normally be allowed to count the two on- street spaces in front of the business establishment to meet the required off street parking requirement. However, _ both of these spaces are - used as the ramp (drop -off) area for the valet parking service. (5) The applicant will be required to provide to the City a letter from the property owner that this parking area ' is dedicated as parking for Macabi and that at least two conforming off - street spaces will be developed. The applicant could select a different option for providing the two required off - street spaces: long term lease for two 'off' street spaces in the vicinity or payment into the Parking Infrastructure Trust Fund the required amount for two spaces. (i) Additionally, Mr. O'Donniley informed the Board about the special conditions that are applicable to this special use approval. He stated that the LDC provides that special uses must be approved by the City Commission after, a public hearing d receipt of recommendation from the Planning Board. oard. The p overall g purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. Planning Board Meeting May 30, 2006 Page 3 of 4 Recommendation Staff stated that the requested special use approval for the three restaurants complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following conditions was recommended: (1) The applicant must continue providing a valet parking service. (2) The applicant shall provide a written statement to the City agreeing that the operation of the restaurant' at 5861 Sunset Drive will not begin until two additional off - street parking spaces are provided on site, or through the use of a long term lease or by payment into the Parking Infrastructure Trust Fund; (3) If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Applicant: Hector Capo, Jr.(the applicant/ owner of Macabi Cigars of South Miami) The Board and applicant discussed the request. Mr. Capo, Jr addressed the Board and explained that he is filing the special use application for the purpose of changing his present existing cigar and drinking place to a general 'restaurant. He intends on remodeling the existing space by incorporating a full kitchen and a formal seating arrangement to accommodate the restaurant. He stated ` there ; will be no additional increase in square footage to the existing location. Mr. Capo, Jr. also stated that since the establishment will be converted to a restaurant no smoking will be permitted inside the restaurant, however,, there will be outdoor seating in which smoking is allowed. Chairman Morton noted to the applicant that he may want the 'architect to look over the bathroom layout because it appeared to him it did not comply with ADA regulations. Mr. Capo, Jr. replied that the two bathrooms are handicap accessible. Chairman Morton opened the public hearing. No one spoke on this item Chairman Morton closed the public hearing. Motion: Mr. Beilman moved to recommend approval of the special use subject to staff's following three conditions: (`1) The applicant must continue providing a valet parking service. (2) The applicant shall provide a written statement to the City agreeing that the operation of the restaurant at 5861 Sunset Drive will not begin until two additional off- street parking spaces are provided on site, or through the use of a long term lease or by payment into the Parking Infrastructure Trust Fund; Planning Board Meeting May 30 2006 Page 4 of 4 (3) If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Mr. Farfan seconded the motion. 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Emm m o am timEmc O '59 Cm ` E � mm cm r LLUro Sa UOc mVm E " 0' i m w EW . cmmT �'. oo - . 2Dm . 2EE° n W Z x EcE O q m"' T . o a oZ E2 s N jnco m « o- o �O ° or` yro mom mT ` v o if ,00 m y`m o mcomau °tea o z ro m Hym a�'�° °mmE =� m �'L m o E E ° a m ax E .j M= 0 a 3° moam m' >. mmE.. o�3 :cty w Z �7 c. =NNE Em m`mmcuD�Timcu :C. a n h n. �a p_oar E m> �O m ♦ mnco m comma a w ¢6 ¢w ma qQ Fzc p¢ m xy,° H3ro �ccmo mw `m �,a wamE.m nL .: «' H z -o Qy LLLL mm =oa m�W��y J,y= ow X_ 00 cmo� mmoo��rn ?,mLLmma�OUmO m a 3 �.. LLO m aw¢'��-. °i W,m��m LLU XaN ao O .cocoa L, - °oc.- T O Q W r? cop OOmc'om �� ma «m T'- '- m xmom`oa zNC o 3 W O Fp m >¢mUa ULL E3 � Qa: LLL moan moc m o m al U 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY 6 MANAGER SEARCH; APPOINTING AS 7 THE CITY MANAGER FOR A TERM PROVIDED IN 8 EMPLOYMENT AGREEMENT, PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, pursuant to Article II, Section 7 of the City of South Miami 12 Charter, the Mayor and City commission is vested with the power to appoint a 13 City Manager; and, 14 15 WHEREAS, the City Commission, with the assistance of the city manager 16 selection advisory committee and the human resources director, has performed a 17 nation -wide search for a City Manager; and 18' 19 WHEREAS, on June 10, 2006, the City Commission, has interviewed 20 potential applicants for the position of City Manager; and 21 22 WHEREAS, the Mayor and City Commission 'desire to appoint 23 to serve as the City Manager of the City of South Miami. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 27 28 Section 1. is appointed City Manager of the City of 29 South °Miami. The commencement date, salary, benefits and other terms and 30 conditions of the City Manager's employment shall be as determined in the 31 contract and shall be effective upon date of execution of the contract: 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this 13t` day of June, 2006. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 43 Additions shown by underlining and deletions shown by eve}stfikiftg. 1 COMMISSION VOTE: 2 READ AND APPROVED AS TO FORM: Mayor Feliu: 3 Vice Mayor Wiscombe: 4 Commissioner Birts: 5 CITY ATTORNEY Commissioner Palmer:' 6 Commissioner Beckman: 7 8 \ \02srvplaw \prolaw \Documents \0022\EGG \18289.doc - appoint city manager 1 I i j i t i Page 2 of 2 r _ s: Sour South Miami AIAMMUNY • INCORPORATED CITY OF SOUTH MIAMI 1927 P OFFICE OF THE CITY MANAGER �OR1Q INTER- OFFICE MEMORANDUM 2 001 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 J 07 Date: June 13, 2006 Agenda Item No.: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR FEMA- FUNDED STORMWATER DRAINAGE PROJECT (LUDLAM GLADES CANAL DREDGING); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE Request: Authorizing the City Manager to execute Interlocal Agreement with Miami - Dade County for paying the City's share of Ludlam Glades Canal Dredging project. Reason/Need: After Hurricane Andrew,' Hurricane Irene, and the "no name" storm of October 2000, it was concluded that the County's canal system was not performing satisfactorily. , To remedy the situation, Miami -Dade County secured FEMA's assistance to dredge the canals to a depth that is considered their original depth, so that they would have increased capacity to transport floodwaters to Biscayne Bay. In 2002, all municipalities in Miami -Dade County were asked to pay their share of 'canal 'dredging Countywide. On September 17, 2002, the City agreed to pay the City's share of the canal dredging cost by approving the attached Ordinance number` 10 -02 -1778. The dredging project is now completed and Miami- Dade County has submitted the attached Interlocal Agreement for the City's share of the project cost. Cost: $270,363 (10 years Annual Principal Payment of $27,036), excluding interest Funding Source: To be budgeted in Stormwater Trust Fund annually. Backup Documentation: U Proposed Ordinance Interlocal Agreement with Miami - Dade County 13 Ordinance No. 10 -02 -1778 l ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN 5 INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR 6 FEMA- FUNDED STORMWATER DRAINAGE PROJECT (LUDLAM 7 GLADES CANAL DREDGING); PROVIDING FOR SEVERABILITY; 8 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City of South Miami agreed to the cost- share of Federal Emergency 11 Management Agency (FEMA) funded Ludlam Glades canal dredging via' Ordinance number 10- 12 02- 1778; and, 13 14 WHEREAS, in Ordinance number 10-02-1778, the City increased the Stormwater User 15 Fee Rates from $3.00 to $4.50 per Equivalent Residential Unit (ERU) per month to cover the 16 City' share of the canal' dredging expense; and, 17 18 WHEREAS, Miami -Dade County Department of Environmental Resource Management 19 (DERM) has completed the dredging work and submitted a total project cost of $3,271,177 with 20 the City share of $270;363; and, 21 22 WHEREAS, the City agrees to pay Miami -Dade County $270,363: as the City's share of 23 the Ludlam Glades canal dredging project; and, 24 25 WHEREAS, the term of the attached Interlocal Agreement shall commence upon the 26 final date of execution of the Interlocal Agreement by all the parties and shall expire as specified 27 in Article IV of the agreement. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. The above whereas clauses are incorporated by reference. 33 34 Section 2. The Mayor and City Commission agree to the Interlocal Agreement 35 between the City of South Miami and Miami -Dade County for paying the City's share of the 36 Ludlam Glades Canal Dredging. 37 38 Section3. The Mayor and City Commission authorize the City Manager to execute 39 the Interlocal Agreement for a term commencing upon the final date of execution of the 40 Interlocal Agreement by all parties and shall expire as specified in Article IV of the agreement. 41 42 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 43 ordinance are repealed. 44 45 Section 5. This ordinance shall become effective immediately after adoption hereof. _46 Additions shown by underlinina and deletions shown by e iki 1 PASSED AND ADOPTED this _ day of ; 2006. 2 3 ATTEST: APPROVED: ; 4 5 6 7 CITY CLERK MAYOR 8 9 1st Reading 10 2"d Reading - 11 12 COMMISSION VOTE: 13 READ AND APPROVED AS TO FORM Mayor Feliu: 14 Vice Mayor Wiscombe: 15 Commissioner Birts: 16" CITY ATTORNEY Commissioner Palmer: 17 Commissioner Beckman: 18 19 20 21 22 23 a 24 25 26 27 28 29 30 31 !! 32 33 34 35 36 37 38 39 40 41 42 43 44 C :\Documents and Settings \SRothstein\My Documents\Reso- Ord \Comm Agenda Supp Doc- 0613- 3- Interlocal 45 Agreement with MDC for Canal Dredging.doc Additions shown by underlinins and deletions shown by evefstf MIAMI -DADE COUNTY, FLORIDA MIAMFD�ADE INTERLOCAL AGREEMENT CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FUNDED STORMWATER DRAINAGE PROJECTS 1 of 10 ,r :.� -;-r; °,Yq-� ,.�� .�.. r =-u;w ,. 5.,, e, R, .� ., ,.;:� ���..:�..- �E.� =.M,�. "%. �`7.<; �; ,� :�.�s >a,zg.-r•Y�s" .,.2';s s�.€es'� . �`°` -`�' �� INTERLOCAL AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY FOR FEMA- FUNDED STORMWATER DRAINAGE PROJECTS THIS INTERLOCAL AGREEMENT, [the "Agreement "] by and between Miami -Dade County, a political subdivision of the State of Florida, [hereinafter sometimes referred to as [ "MDC "], and the City of South Miami Stormwater Utility, a public body corporate and politic, through its governing body, the South Miami City Commission of the City of South Miami, Florida [hereinafter sometimes referred to as "CITY ",] is entered into this day of 2006. WITNESSETH NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND THE MUTUAL BENEFITS TO BE DERIVED FROM THIS AGREEMENT, THE PARTIES HERETO AGREE AS FOLLOWS: ARTICLE I PURPOSES MDC and the CITY enter into this Agreement to further the following purposes: (1) To repair and restore shared stormwater drainage systems located within the limits of the drainage service areas in accordance with the approved plans. These activities include dredging canals, culvert and headwall repair or replacement, embankment restoration, and any required maintenance of flow control structures and stormwater pump stations and their mechanical and electrical components, and enhancing shared stormwater' drainage systems as determined by conditions of the system and the level of service established; (2) To _provide a mechanism for MDC and the CITY to share and allocate the cost of restoring and repairing shared stormwater drainage systems as stated in (1), above and to reimburse MDC for expenditures benefiting the CITY for FEMA- approved projects on shared stormwater drainage systems; (3) Seek to protect and promote, the public health, safety, and general welfare through the management of stormwater run -off; (4) Seek to maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; 2of10 ..> 11WW"W77 "M (5) Seek to control flooding that results from rainfall events; (6) Seek to prevent unmanaged rainwater from eroding sandy soils and causing sedimentation; (7) Seek to prevent the disruption of the habitat of aquatic plants and animals; (8) Seek to promote intergovernmental cooperation in effectively and efficiently managing stormwater run -off. ARTICLE II DEFINITIONS Agreement shall mean this document, including any written amendments, attachments, and other written documents, which are expressly incorporated by reference. Annual Charges shall mean the principal derived via amortization table, plus interest charges and administrative fees, over a mutually agreed upon period. Shared Stormwater Drainage System shall mean that portion of the drainage system owned by MDC to which both the CITY and MDC may contribute stormwater runoff and which is identified in Attachment "A" a copy of which is attached hereto and incorporated herein by reference. Costs allocable to the CITY shall mean those portions of the actual outlays budgeted by MDC in MDC's budget process, which are allocated to the CITY based on the FEMA- approved projects associated with shared drainage systems. Costs allocable to MDC shall mean those portions of the actual outlays budgeted by the CITY in the CITY's'budget process, which are allocated to MDC based on the FEMA- approved projects associated with shared drainage systems. FEMA- Funded Projects shall mean canal dredging, culvert and headwall repair and replacement, embankment restoration, roadway drainage repair and replacement, and road resurfacing. Interest Charges shall mean the interest rate equivalent to the annual average (based on monthly rates reported by the Miami -Dade County Finance Department) that MDC earned on its pooled investments during that particular prior fiscal year, applied to the balance of the amortized amount. Interest shall accrue from the effective date of this Agreement and maybe prorated for the period between payments. Fiscal Year shall mean the period beginning on October 1 and ending on September 30 of the following year. Force Majeure shall mean an act of God, epidemic,; lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, 3of10 ,, , which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of subcontractors, third -party contractors, material men, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. ARTICLE III STATEMENT OF WORK MDC shall fully and timely perform all work tasks described herein` under FEMA- Funded Projects and described in Attachment "B" a copy of which is attached hereto and incorporated herein by reference. MDC and the City agree that the majority of the work tasks have been completed to date. MDC shall repair and restore shared stormwater management systems located' within the limits of the stormwater drainage system service areas as set forth in Attachment "A" a copy ofwhich is attached hereto and incorporated herein by reference. The CITY'S relative stormwater runoff, contribution to MDC's shared stormwater drainage system and MDC's relative stormwater runoff contribution to the shared stormwater drainage system are set forth in Attachment "A" a copy of which is attached hereto and incorporated herein by reference. , Final construction costs and soft costs shall be determined based upon actual final itemized costs approved by MDC, the Department of Community Affairs (DCA),' and FEMA.` Soft costs are costs including but not limited to: planning and design, geotechnical sampling and analysis, surveying, consultant management' services, and other related costs that are not directly attributable to construction. MDC management costs are not reimbursable by FEMA. ARTICLE IV TERM OF THE AGREEMENT Initial Term The initial term of this Agreement shall be for a period of ten (10) years commencing on the date of execution by MDC. Option to Renew Upon mutual written consent of the parties, this Agreement may be renewed for one additional period of one (1) year. 4of10 ARTICLE V CITY AND MDC RESPONSIBILITIES A. Upon the request of either the CITY or MDC, each party shall share information concerning operations, design and construction costs and cost allocation determinations of the FEMA- approved projects associated with shared stormwater drainage systems. B. The CITY and MDC shall provide notice to each other designating their respective Project Manager. Each party shall promptly notify each other of any change in the Project Manager designation by written notice as set forth in this Agreement. C. The costs allocable to the CITY and the costs allocable to MDC based on the relative stormwater runoff contribution to each others shared portion of the stormwater drainage systems are included in this Agreement and presented as described in Attachment "B", a copy of which is attached hereto and incorporated herein by reference. The costs are not to be exceeded and may only be lowered based on the final FEMA approved closure cost of the project. Should' FEMA approve a closure cost that reduces the Current Estimated Cost, an associated reduction will be made to the Estimated Final Cost' Share Total for South Miami. MDC shall reimburse the City, within ninety (90) days, any funds paid by the City in excess of the adjusted Estimated Final Cost Share Total. D. Costs allocable to the CITY represent principal and interest costs for the prior fiscal year, and shall be provided to the CITY not later than December 1St of each year for the prior fiscal year and may vary due to interest added each year. E. Payments by the CITY to MDC shall be made not later than thirty (30) days from the date of receipt of the invoice from MDC. In the event of a dispute concerning the invoiced amount, the CITY may notify MDC of the nature of the dispute and MDC 'shall make arrangements for the pertinent records to be made available for inspection by the CITY. MDC shall reimburse the CITY for any amounts determined to have been overpaid by the CITY within thirty, (3 10 days after verification by MDC of the overpayment: F. The CITY and MDC shall maintain financial records for the full term of this Agreement and shall make the records available within a reasonable time after requesting them for inspection' and copying by either the CITY or MDC at the place where the records are maintained. G. The CITY and MDC shall comply with all applicable regulations, ordinances and laws. H. MDC shall manage the financial administration of the Project sites, prepare FEMA documentation, advance funds for design and construction, and provide design and construction management for an agreed management 'flat fee of 2% of the design and construction costs for restoration and repair of shared stormwater drainage systems which may be included' with the first annual payment or financed. The CITY is aware that FEMA may not reimburse this management fee, however, the management fee is consistent with similar costs for this type of work. 5of10 I. MDC shall recover the entire cost expended by MDC for the program implemented at or within the CITY's geographic boundaries, including those'costs incurred by MDC prior to the execution of this Agreement pursuant to expediting the repair and restoration of the shared stormwater drainage systems. J. The CITY agrees that any cost incurred by MDC pursuant to this Agreement which is not • reimbursed by DCA or FEMA shall be borne by the CITY and reimbursed to MDC by the CITY. K. MDC shall identify all necessary permits, utility adjustments, and rights -of -way for the Project in accordance with applicable federal, state, and local laws and ordinances. ARTICLE VI COMPENSATION /CONSIDERATION It is the intent and understanding of the parties that this Agreement is solely for the benefit of the CITY and MDC. No person or entity other than the CITY or MDC shall have any rights, or privileges under this Agreement in any capacity whatsoever, either as a third -party beneficiary or otherwise ARTICLE VII DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default ". If a CITY: event of default should occur, MDC shall have all of the following cumulative and independent rights and remedies: 1. The right to declare that this Agreement is terminated, effective upon such date as is designated by MDC. 2. Any and all rights provided under federal laws and the laws of the State of Florida, and Miami -Dade County. MDC Event of Default Without limitation, the failure by MDC to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force ;Majeure, shall constitute a "MDC event of default If a MDC event of default should occur, the CITY shall have all of the following cumulative and independent rights and remedies: 6 of 10 1. The right to declare that this Agreement is terminated, effective upon such date as is designated by the CITY. 2. Any and all rights provided under federal laws and the laws of the State of Florida and Miami -Dade County. ARTICLE VIII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any court action between the parties for any controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida,, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida.`' ARTICLE IX ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements, ;or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated -upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. ARTICLE X HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE XI REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized, executed and delivered by the City of Miami Commission, as the governing body of the CITY and it has the required power and authority to execute this Agreement. 7of10 r ,. ..�5*w .,.�:..•.�- '+sr,...,. ..... �rra^"^S'�. -�?'� S,; .1's�S ;, rt��.c, "ter, .., •,i. .Tfi,,— r,.-r. .."T`4 T�,�'f r v?'7.rC'"- £.''— a.�r, -r. 1:�x'T .,. u��.. ,.'�'w�...ma„ ARTICLE XII REPRESENTATION OF MDC MDC represents that this Agreement has been duly approved, executed and delivered by the Board of County Commissioners, as the governing body of MDC, and it has granted the Miami- Dade County Manager the required power and authority to execute this Agreement. ARTICLE XIII WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement' shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. ARTICLE XV INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVI INDEPENDENT CONTRACTOR CITY shall perform all work and services described as an independent contractor and not as an officer, agent, servant, or employee of MDC. CITY shall have control of the work performed in accordance' with the terms of this Agreement and of all,persons performing the same, and CITY shall be responsible for the acts and omissions of its officers, agents, employees,, contractors, and subcontractors, if any. MDC shall, perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CITY. MDC shall have control of the work performed in accordance with the terms of this Agreement and of all persons performing the same, and MDC shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. 8 o 10 Nothing in this agreement shall be construed as creating a partnership or joint venture between MDC and the CITY. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of MDC, nor shall any such person be entitled to any benefits available or granted to employees of MDC. ARTICLE XVII INDEMNIFICATION The CITY shall indemnify and hold harmless MDC_ and its officers, employees, agents and instrumentalities to the 'extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC or its officers, employees, agents or instrumentalities may incur as a result of claims, demands,; suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or subcontractors. The CITY shall pay all claims and losses in connection therewith' and shall investigate and defend all claims, suits or actions of any kind or nature in the name of MDC, where applicable, including` appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance' protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and 'defend MDC or its officers, employees, agents and instrumentalities as herein provided. MDC does hereby agree to indemnify and hold harmless the CITY to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby MDC shall not be held 'liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgments of portions thereof, which, when totaled with all other occurrences, exceeds the sum of $200,000, from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of MDC. However, nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent performance or failure of performance of the CITY or any unrelated third party. ARTICLE XVIII NOTICES AND APPROVAL Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Miami -Dade County, Department of Environmental Resources Management 33 S.W.2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director (305) 372 -6789 9of10 To City: Attn: Phone: IN WITNESS THEREOF, the parties through their; duly authorized representatives hereby execute this AGREEMENT commencing on the date of execution by MDC. Attest: CITY OF SOUTH MIAMI, FLORIDA Authorized signature on behalf CITY Clerk Date of the CITY of South Miami, Florida. By: City Manager Date MIAMI -DADE COUNTY, FLORIDA BY: County Manager Date For the Board of County Commissioners, Miami- Dade County, Florida Stephen P. Clark Center 111 N.W. 1st. Street Miami, Florida 33128' HARVEY RUVIN, CLERK Attest: By: Deputy Clerk Date , 10 of 10 7 `1:1 P'„`£`r IT5i ^{RKK''`Y ", ATTACHMENT «A„ Basin Study and Cost Share Table VVV 1 1 i ` Q MIAMI o N co N N 1 SW 8TH ST Q:. SREEK NA ER C CANgL; SW "88TH ST COPYRIGHT NOlICEANO �IBG� i1MER N 0.4 0 0.4 0.8 Miles Drama eArea A Created by Ariadna Bermudez. Stormwater Utility Section.06/01 /04. �. My of South Miami CD a 4a N 7 r E U cm N v- dp� E W fa Or t0 p .� l0 p p r O N r N � M M N p O CM d •r. R e L ti O •O LO $ L to n 41 G r. CD c C m O 00 _ = N p J c O L O WWC Y ~ � co p N Ui r Q �Od; 0 ate M CU ! CU c a i/i i '� V N p X c6 O V W V y h U i W N! d v bg N o � U W °? O m rn .., c , , 0 CO E d W��: V p W in N y a lL rn LL C LLE� w p (� p 5 u►, mrp EC W V : U m ; Z E w LL C D UJ U- : cgl N CN II N ` U tN. A o a 70E L W= C ,7 U G �. E •W �( i 0 p Q In L cp N c0 Co co LL cA U O OLDC w CL a U Z JE,c ' W Z � N v ORDINANCE NO. 16-02 -1778 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,; FLORIDA, RELATING TO THE BUDGET, CONCERNING THE STORMWATER USER FEE RATE, SETTING THE FEE RATE; PROVIDING FOR SEVERABILITY. ORDINANCES IN CONFLICT, AND AN EFiFECTIVE DATE. WHEREAS, the City of South Miami established a StorniwAter Cltility in October 2000 ftr the fiirtherance of stormwater management goals throughout the City, and; .., YMEREAS, Florida Statutes section 403 requires the City to establish a fee rats sufficient to plan, slat]; construct, operate and maintain a stormwater m anagement system, And" WBER1 AS. the City's cost -share of Feder4d Emergency Management Agency (FEMA) funded canal dredging expenses is projected to total in excess of $280,000.00, and; VA EREAS, the City Manager reaomitiends a Storntwatcr User Fee Rate of $4.50 per Equivalent Residontial Unit (ERUI) per month to covor these upcoming axpenses. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CETI' COMMISSION OF THF. CITY OF SOUTH MIAMI, FLORIDA: Section 1. Tito Mayor and City Commission beroby sets the Stortnwatcr User Fee rate at $4,50 per Equivalent Residential Unit (ERUJ) per, month, as provided by ordinance 21-M-1723, These funds Lobe uwd for stormwater purposes only, Section 1, If Any WAiOn. clause, sentence, or phrase of this ordinances is fbr any reason held i nvalid or imconstitntional by a court of competent jurisdiction, lira holding shall not affect the validity of the remaining portions of this ordinance; Section 3. All ordinances or parts of ordinances in colulict with (lic provisions of tills ordinance are rcltr$lcd. ' S i n 4, This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this 17h day of Sevicinbe 2002_ ATTEST: APi?RO _ " CITY CLERIC MAYCER Ih Reading — September 3, 2002 2" Reading — SeWmber 17, 2002 (as amended) COMMISSION VOTE: S-(t READ N6 P 0 ! MayarRabalna: Yea Vice Mayor Russell: Yea Commissioner Feliu: Ye, tC[ ATTORNEY Commissioner Bethel; Yea Commissioner Wiscomhe: Yea Additions shown by ,underline and deletions shown by everslriking, j I trl� 3�Jtld :UYdSE:tr ZO z-d3S :8tr�9E99�0E !TNVTR HInOR d0 'Al TO :AB -LN;8 soul, o South Miami F r AIMWIMCNI U '+ CITY OF SOUTH MIAMI �NGORPORATEO t 9 ?' CpR P OFFICE OF THE CITY MANAGER ;V INTER- OFFICE MEMORANDUM 200' 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: June 13, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE,; MODIFYING AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE - CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN ` CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Request; _ In 1999 the City Commission adopted a limited nine month long parking moratorium Ordinance (No. 8 -99 -1682) affecting certain provisions of the Land Development Code which allowed for automatic reductions in required, parking. The legislation was a reaction to the impact of the Shops of Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the Land Development Code and recommend amendments, if necessary. The moratorium was placed on three parking sections in the LDC which allowed for reduced required parking in the Hometown: District and in the vicinity of the Metro -Rail station. The moratorium has been extended five times in order to allow for a completion of a downtown parking study (2004). In addition, amendments to the parking regulations were also recommended by the Zoning Task Force (2003), the Parking Committee (2005) and the Planning Board (2006). All of these recommendations, are now included' in the updated and reformatted Land Development Code which is now completed and should be presented to the City Commission in September. The latest extension of the moratorium was adopted in July 2005 (Ord. No. 24- 05- 1846). The 2005 ordinance amended the original moratorium to last 9 months until April 26, 2006. A member of the City' Commission has requested that the existing parking moratorium be extended and further requested that consideration be given to expanding the moratorium to: 1 • Section 20 -7.6 (C) - which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; • Section 20 -8.10 Bonus Allocations - parking space reductions provided in the Transit Oriented Development District (TODD) as part of the bonus allocations chart.' The Planning Board, after a public hearing, adopted a motion by a vote of 6 ayes 0 nays that the original moratorium be extended and that the two additional sections also be placed under the moratorium, with the limitation that the moratorium should not include payments into the Parking Infrastructure Trust Fund for existing structures. The attached draft ordinance provides for a nine month moratorium extension as recommended by the Planning Board. Recommendation: It is recommended that the attached ordinance be approved on first reading. Backup Documentation: Draft Ordinance (2006) Excerpt from new LDC Parking Regulations Chapter Planning Department Staff Report 5 -30 -06 Planning Board Minutes Excerpt's- 30 -06` 1999 Ordinance DOD /SAY E: \Comm Items \2006 \6- 13- 06\PB -06 -016 CM Cover report.doc 2 l ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE 'CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING 6 CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION 7 OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE 8 MONTHS, THEREBY ; ENABLING THE CITY TO EVALUATE 9 RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING 10 COMMITTEE, AND THE PLANNING BOARD PERTAINING TO 11 THE REDUCTION OF REQUIRED PARKING SPACES AND TO 12 PREPARE NECESSARY AMENDMENTS; PROVIDING THAT 13 ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL 14 NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; 15 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 16 AND PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), and 20- 7.6(B).;of the South Miami Land 19 Development Code all allow for a reduction in required off street parking; and 20 21 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has 22 highlighted the need to reevaluate parking regulations contained within the South Miami 23 Land Development Code; and 24 25 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance 26 No. 8 -99 -1682, modifying and suspending the Land Development Code sections referred 27 to above for a period of nine months; and 28 29 WHEREAS, the City Commission at several subsequent meetings, adopted 30 ordinances extending for additional periods the modifications and suspensions of the Land 31 Development Code sections referred to above; and 32 33 WHEREAS, the modifications and suspensions of the Land Development Code 34 sections referred to above expired on April 26,' 2006; and 35 36 WHEREAS, the purpose of the modifications and the suspensions was to afford staff 37 and citizens an adequate time period to reevaluate the City's parking regulations and 38 propose any necessary changes; and 39 40 WHEREAS, the necessary evaluation and studies carried out by the Zoning Task 41 Force, the Parking Committee, and the Planning Board are sufficiently completed to 42 determine what amendments are needed; and 43 44 WHEREAS, at the City Commission meeting on May 2, 2006 it was requested that 45 consideration be given to extending the moratorium to Section 20 -7.6 (C) which permits 46 payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; 47 and extending the moratorium to the parking space reductions provided Section 20 -8.10, 48 TODD - Bonus Allocations; and 49 50 -1 I WHEREAS, it is appropriate to provide an additional nine (9) months to draft 2 legislation, conduct public 'hearings, and adopt the proposed revisions to the sections of the 3 Land Development Code which allow for parking reductions; and 4 5 WHEREAS, the Planning Board at its May 30, 2006 meeting, after a public hearing, 6 adopted a motion by a vote of 6 ayes 0 nays, recommending approval of the proposed 7 ordinance which re- instates and expands the parking moratorium., 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 10 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 11 12 Section 1: The automatic parking ;adjustments allowed pursuant to Section 20- 13 76(B) entitled "Required Parking," and the payment in lieu of parking provided for in 14 Section 20 -7.6 (C) (2) entitled "Procedure" of the South Miami Land Development, are 15 hereby modified as set forth below for a period of nine (9) months for the purpose of 16 reviewing the effects and appropriateness of the adjustment provisions on the future 17 developments, as follows: 18 19 (B) Required Parking. Within the Hometown District, the following adjustments 20 to the number of parking spaces required by Section 20 -4.4 (B) of the Code are 21 provided: 22 23 1. On- street spaces adjacent to a lot shall count toward the parking 24 requirements for that lot; a partial space longer than 11' shall count as a full 25 space. 26 27 2. Where arcades are optional„ buildings with arcades shall receive an 28 additional 5% reduction in the required number of spaces. 29 30 3 In addition to the above, one of the following may apply: 31 32 - a. Two -story buildings shall receive a 15% reduction in the required 33 number of spaces. 34 35 b. Buildings of two or more stories with uses ftom two of the three use 36 categories provided herein under "Permitted' Uses," each use 37 constituting no less than 30% of the gross floor area, shall receive' a 38 30 % reduction in the required number of spaces. 39 40 C. Buildings of three or more stories with uses from each of the three 41 use categories provided herein, each use constituting no less than 42 25% gross floor area, shall receive a 45 %o'reduction in the required 43 number of spaces. 44 45 4. For new buildings greater than 25,000 saft., changes of use and 46 additions greater than 10,000 square ` feet, the allowable yarkina 47 adiustments identified in subparagraphs (2) and (3), above, shall 48 require the affirmative vote of ` four (4) members of the City 49 Commission and follow those nropednrpe` eetahl ehAd for enpni.ml teen 2 1 permits as set forth in Section 20- 5.8(B) tl 2 those procedures for public hearings set'fo 3 20 -56. 4 5 5. 6 additions not exceeding 10,000 square feet, the allowable' narking 7 adiustments identified in subparagraphs (2) and (3), above, shall 8 continue to be as provided. 9 10 11 6. For replacement of an existing building, completely damaged due to 12 natural or man made disaster, the allowable parking ` adiustments 13 identified in subparagraphs (2) and (3), ` above, shall continue to be as 14 provided. 15 16 (C) Procedure. 17 18 (1) The required number of spaces shall first be calculated pursuant to Section 19 20 -7.12 for each permitted use. The appropriate reduction in parking spaces 20 shall ;then be calculated as provided in Section 20 -7.613 above. If the 21 reduction calculated includes a fraction less than a whole number, the 22 reduction calculated shall be rounded up and subtracted from the required 23 (unadjusted) number of spaces to determine the adjusted parking 24 requirement. 25 26 (2) The difference between the number of spaces provided, including on street 27 parking, and the number of spaces required shall then be determined. 'If 28 there are fewer spaces provided than required for existing structures only, 29 the applicant must pay into the Parking Infrastructure Trust Fund a fee, as 30 determined from time to time by the parking committee, reflecting the 31 actual land and construction costs for parking, for each space required but 32 not provided. Monies paid into the Parking Infrastructure Trust Fund shall 33 be placed in a trust account separate from general funds and may be used 34 only for improvements to the city parking infrastructure to increase parking 35 capacity or to enhance use of existing parking capacity. 36 37 (3) Historic or contributive buildings are exempt from all parking requirements. 38 39 (4) Any changes in use in a building will require a re- calculation in the required 40 parking pursuant to (B)' above. If the new combination of uses requires 41 additional parking spaces, a fee, as determined from time to time by the 42 parking committee, must be paid into the Parking Infrastructure Trust Fund. 43 If fewer spaces are required, no refunds will be paid. 44 45 46 47 48 49 50 3 �v 1 2 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via 3 Special Parking Permit," is hereby suspended for a period of nine (9) months for the 4 purpose of evaluating the effects and appropriateness of this provision on future 5 developments. 6 7 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking 8 Permit," is hereby suspended for developments within the boundaries of the Hometown 9 District for a period of nine (9) months for the purpose of evaluating the effects and 10 appropriateness of this provision on future developments within the Hometown District. 11 12 Section 4: Section 20- 8.10, entitled "Bonus allocations," is 'hereby modified as 13 set forth below to eliminate the parking reductions and parking bonuses for developments 14 within the boundaries of the Transit Oriented Development District (TODD) for a period 15 of nine (9) months for the purpose of evaluating the effects and appropriateness of this 16 provision on future developments within the TODD District. 17 18 20 -8.10 Bonus allocations. 19 Action Bonus Underground par-king 4 additional floor- of @ffiee or- More than thV664MG8 3044 par-king redoefien For every I floor of 1 additional floor of residential use residential use with the minimum parking requirement (two (2) cars per residential use) Public plaza -min. 5;000 sq. One (1) additional floor ft.' and art work in plaza setting Develop full frontage with One (1) additional floor street design as part of pedestrian walkway system Develop "cross - thru's" One (1) additional floor from street to public open space as part of pedestrian walk - system, on owner's property (maintenance required in Section 20- 8.15 For those properties that back up to public open space or easement. Buildings may be built in rear to within 5' of rear or easement line. _kroperty in R@ event eaft4be 1 2 3 4 Section 5: The ordinance shall not apply to any development for which an 5 application for development permit was submitted prior to the 1St reading. 6 7 Section 6: All ordinances, resolutions and parts thereof, in conflict with this 8 ordinance shall not be in force and effect during the time period of this ordinance. 9 10 Section 7: If any section, clause, sentence, or phrase of this ordinance is for any 11 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 12 shall not affect the validity of the remaining portions of this ordinance. 13 14 Section 8: This ordinance shall take effect immediately at the time of its 15 passage: 16 17 PASSED AND ADOPTED this day of , 2006. 18 19 20 ATTEST: , APPROVED: 21 22 23 CITY CLERK MAYOR 24 25 READ AND APPROVED AS TO FORM: 1St Reading 26 2nd Reading; - 27 28 29 CITY ATTORNEY CITY COMMISSION VOTE: 30 Mayor Feliu: 31 Vice Mayor Wiscombe: 32 Commissioner Palmer: 33 Commissioner Birts 34 Commissioner Beckman 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 EAComm Items\ 2006\ 6- 13- 06\Parking moratorium Extension Ord 2006.doc 52 53 54 5 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (F) Location and Ownership of Spaces. (1) All off -street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces located off -site. (a) Off-site parking spaces shall be permitted in RM, R0, LO, MO, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off-street- parking` is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off- -street parking spaces may be located and maintained up to six hundred (600) feet from a residential or institutional use served' and up to one thousand '(1,000) ibei ffrom a noninstitutional and nonresidential use served. (c) Off- '.site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as' a condition of the issuance of-the building permit for the principal use, the owner of the off -site parking shall record a covenant, easement, or long -term lease in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use,'the certificate of use and occupancy' for the principal use shall be subject to revocation by the city manager, after' notice and hearing. (3) Parking shall be permitted in yard setback areas, except in required front yard' setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off -street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property' line. (Ord. No. 9 -99 -1683, § 4, 15 -4-99; Ord. No. 11- 03- 1795, § 1, 6 -3 -03) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off -street panting spaces in a common parking facility, according to the following table: Uses Weekdays Weekends 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6: p.m 6 a.m. 6 p.m. 12 a.m. 6 a.m. Supp. No. s 94.2' OTHER REGULATIONS 20 -4.4 Uses Weekdays Weekends Office or 100% 5% 10% 5% Bank 5% Retail 60% 20% 60% 60 %' Hotel '5% 50% 60% 60% 100%, 75% Restaurant 50% 75% 75% 90% 10% Theater 10% 70% 60% 90% 10% Nightclub 15% 50% 5% 100% 90% .6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 am. 6; p.m. 12 a.m.. 6 am. Apartment or 10% 100% 75% 100% 7bwnhouse 100% Other Uses 100% 100% 100% 10017b 100% Method of Calculation: Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column: The required number of parking spaces shall equal the highest column total. Note —Ord. No. 15 -03 -1799, § 3, adopted June 3, 2003, amended § 3 of Ord. No. 8 -99 -1682, adopted May 4, 1999, providing - for a suspension of the provisions of '20- 4.4(G) in the Hometown District for a period of 60 months. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami Metro Rail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off-street panting spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under Section 20- 4.4(J). Notes -Ord. No. 15 -03 -1799, § 2, adopted June 3, 2003, amended § 2 of Ord. No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 4.4(1-1) in the Hometown District for a period of 60 months. (1) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision ofvalet parking spaces via special parking permit approved by four affirmative votes of the city commission . � ,pursuant to he following ,conditions: (1) The valet parking operation shall comply with Section 20- 4.4(L), as amended from time to time, of the South Miami Land Development Code, entitled "Valet Parking [The remaining paragraphs are numbered and reordered.] supp. No. 8 95 HOMETOWN DISTRICT OVERLAY ORDINANCE 20 =7.6 Story: The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum, e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two -story building, (Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 12 -96 -1612, §§ 8, 9, 7- 30 -96) 20 -7.6 Parking. (A) Hometown District Parking; Committee. Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Six (6) private citizens and the Mayor shall serve as the Hometown District Panting Committee charged with oversight of the supply, convenience, safety, and management of panting. The six (6) private citizens shall be appointed to two (2) year terms by the mayor with the advice and consent of ` the city commission and shall include two (2) landowners and two (2) tenants from the district and two. (2) residents of South Miami. The director of building, zoning; and community development shall serve as the executive secretary to this committee. The committee shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the city commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of trust fund monies. The mayor shall appoint the chairman of the committee. A quorum shall be four (4) members and an affirmative vote of a majority of the members present shall be required to pass' upon any matter the committee - recommends. (B) Required Parking. Within* the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -44 (B) of the Code are provided (1) On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space. (2) Where arcades are optional, buildings with arcades shall receive an additional five (5) percent reduction in the required number of sp aces. (3) In addition to the above, one of the following may apply: (a) Two -story buildings shall receive a fifteen (15) percent reduction in the required number of spaces.' (b) Buildings ,of two (2) or more stories with uses from two (2) of the three (3) use categories provided herein under "Permitted Uses," each use constituting no less than thirty (30) percent of the gross floor area, shall receive 'a thirty (30) percent reduction in the required number of spaces. (c) Buildings of three (3) or more stories with uses from each of the three use categories provided herein, each use constituting no less than twenty -five (25) percent gross floor area, shall receive a; forty -five (45) percent reduction in the required number of spaces. Note —Ord. No. '15 -03 -1799, § 1, adopted June 3, 2003, amended § 1 of Ord. No. 8 -99 -1682, adopted May 4, 1999, providing for a suspension of the provisions of 20- 7.6(B) for a period of 60 months.` 3upp. No. 8 149 s o u T�' South Miami F AlMne icaCif INCORPORATED 1927 2601 To: Honorable Chair and Date: May 30, 2006 Planning Board Members From: Don O'Donniley Re: Modifying and suspending Planning Director certain provisions of Land Development Code relating to parking PB -06 -016 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR > AND 'CITY_ COMMISSION OF THE CITY: OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING FOR A PERIOD OF NINE MONTHS CERTAIN PROVISIONS OF SECTIONS 20-4.4 (G) (H), 20 -7.6 (B) (C) AND 20 -8.10 THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE AND ADOPT NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND The City Commission at its May 4, 1999 meeting adopted a limited parking moratorium ordinance (No. 8 -99 -1682) The ordinance has been extended on five different occasions, the latest was adopted in July 2005 (Ord. No. 24 -05- 1846); The 2005 'ordinance amended the original moratorium to last 9 months until Apri126, 2006. MORATORIUM EXTENSION The moratorium was extended several times in order to allow for a completion of a downtown parking study (2004) In addition, amendments to the parking regulations were also recommended by the Zoning Task Force (2003), the Parking Committee (2005) and the Planning Board (2006). All of theses recommendations are now included in the updated and reformatted Land Development Code which is now completed and should be presented to the City Commission in September. REGULATIONS SUBJECT TO MORATORIUM The moratorium ordinance was a reaction to the impact of the Shops of Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the Land Development Code and recommend 'amendments, if necessary.' The moratorium was placed on three parking sections the LDC which allowed for reduced required parking in the Hometown District and in the vicl'nty of the Metro -Rail" station. These were: .,,"".'.:, - .a-r,� .- ,•?fib,;= .``:'"?..,- ":s'�x TM, in�.�.;^ -�r ,,�si ,"i ... 3��^, .,= ��°-- ',.�. as±"p7`,, -:°... '*,- ,°'S (2) (1) Sec. 20 -4.4 (II) Metro Rail Usage Consideration. Allows 50% reduction in parking if within 1500 feet of the MetroRail Station; (2) Sec.20 -4.4 (G) Joint Use Spaces - Allows parking reductions if there is a mix of uses; (3) Sec.20 -7.6 (B) Hometown Adjustments. Allows for parking reductions for certain features (arcades) or for mixed uses in multi -story buildings. The City Commission was permitted to waive the moratorium if approved by a vote of four members. It is important to note that during the period the moratorium was in effect there were no special requests to waive the restrictions. EXPANSION OF MORATORIUM TO OTHER PARKING PROVISIONS A'member of the City 'Commission has requested that the existing parking moratorium be extended and further requested that consideration be given to expanding the moratorium to: • Section 20 -7.6 (C) - which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces; • Section 20 -8.10 Bonus Allocations - parking space reductions provided in the Transit Oriented' Development District (TODD) as part of the bonus allocations chart. The attached draft ordinance provides for continuation of a 9 month moratorium on the three previous sections and for a moratorium on the above two new sections: STAFF OBSERVATIONS Staff is concerned about the placement of a moratorium on Section 20 -76 (C) which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces. This section is now being used by developers in the Hometown District. The Planning Board at its November 29, 2005 endorsed the continued use of this provision when it adopted the revised Chapter V, Parking Regulations as part of the new LDC. The Board also made adjustments to the fees charged for payment into Fund. Attached is an excerpt from the document adopted by the Planning Board. RECOMMENDATION It is recommended that the ordinance re- instating the previous the moratorium on parking bonuses and expanding the moratorium to include Sections 20 -7.6 (C) and 20 -8.10 as set forth above, be approved for a nine month period. It is also recommended that the fees for the Parking Infrastructure Fund be amended to reflect the fees set forth in the final draft of the reformatted "new LDC ". Attachments: Draft Ordinance (2006) Excerpt from new LDCParl ing Regulations Chapter 1999 Ordinance Public notices DOD /SAY E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \5- 30- 06\PB -06 -016 Parking moratorium Extension Report.doc CHAPTER 5 OFF STREET PARKING REGULATIONS PROPOSED SECTION 20-5.03(A)(5) — as adopted by the Planning Board on November 29, 2005 5) Procedure,ForPayment in lieu ofproviding required parking (a) The required number of spaces shall first be calculated pursuant to o,.,. +lama 20 "'' for each permitted use. The appropriate reduction in parking spaces shall then be calculated as provided in (1) (2),or (3) above.` If the reduction calculated includes a fraction less than a whole number, the reduction calculated shall be rounded up and subtracted from the required (unadjusted) number of spaces to determine the adjusted parking requirement. (a) The difference between the number of spaces provided, including on street parking, and the number of spaces required shall then be determined. If there are fewer spaces provided than required, the applicant omst pay the PaAEifig 6-n-we by the �be�f$EEtib zbStooc zxq a[o ao a i` V may substitute required parking spaces by Payments to the City of South Miami Parking Infrastructure Trust Fund in accordance with the following formula: (i) Re -use or new uses in an existing building built prior to 1999: $9500 one time payment per space or $100 per month for a space, to be paid in each succeeding calendar year; (ii) New buildings built after 1999: $9500 one time payment per space for the first 10 required spaces: $14,000 one time payment per space for all'waces after the first 10 required spaces; (iii)Payment in lieu of parking in new buildings may only be used for up to 10 spaces or up to 20 % (whichever figure is :greater) of the required parking spaces. (iv) All of the above fees must be adjusted annually based upon the current construction index. 71-� V �,.- r-'�"-s§°"'+3,�7i--,-�w.�r:.��r"F °^nra-:a�nss, - ..*..> s.. ^r . Yw�as-;l� tt .r ., .rs;..,.. ,,z „'+si "M1 �k''s _• .e J 1 8 -99 -1682 2 ORDINANCE NO. 3 4 AN ORDINANCE OF THE MAYOR AND CITY .COMMISSION OF THE 5 CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO THE LAND 6 DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN 7 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED 8 PARKING SPACES, FOR A PERIOD OF NINE MONTHS,. THEREBY 9 ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT 10 SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY, 11 EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND 12 PREPARE NECESSARY AMENDMENTS; PROVIDING THAT 13 ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND 14 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR 15 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 16 DATE. 17 1S .WHEREAS, the Mayor and City Commission continue to support_and promote 19 growth that is responsible and that contributes positively to the well being of the 20 community; and 21 22 WHEREAS, the Mayor and City Commission are committed to encouraging and 23 supporting the small property owners' and local merchants in the development and 24 redevelopment of their properties; and 25 26 WHEREAS, the Mayor and Commission wish to respond to the impact of The 27 Shops at Sunset Place on the downtown parking supply and 28 29 WHEREAS, the impact of the Shops at Sunset Place on the downtown parking 30 supply has highlighted the need to reevaluate the parking regulations contained in the 31 South Miami Land Development Code; and 32. 33 WHEREAS, the Mayor and City Commission desire to afford City Staff and 34 citizens with an adequate time period to reevaluate the City's parking regulations and 35 propose any necessary changes; and 36 37 WHEREAS, the Mayor and City Commission find that it is in public interest to 38 modify and suspend certain parking provisions in the Land Development Code; and 39 40 WHEREAS, both the Planning Board and the Hometown District Parking 41 Committee have reviewed and approved the ordinance with comments which are 42 incorporated herein and 43 44 WHEREAS; the Mayor and City Commission continue to provide leadership in 45 areas' of community' concerns. 46 47 48 NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY ,-, . r JT A% ♦T rT f-M Tn A. I 2 Section 1: The automatic parking adjustments allowed ursu t to Section 20- 7.6(B) of the South Miami Land Development. 3 entitled "Required Parking," modified for a period of nine (9) months for the are hereby Purpose of 4 5 reviewing the effects and appropriateness of the adjustment provisions on the future developments as follows: , lows: 6 7 (B) Required Parking. Within the Hometown District, the folIowin ad' number of parking spaces' adjustments to 8 the required by Section 20 -4.4 (B) of the 'Code are provided: 9 I 1 I i. On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than 11' shall space. 1 count as a -full 12 13 14 2.. Where arcades are op tional, buildings with arcades shall receive an additional 5% reduction in the required IS � number of spaces. p 16 17 31. In addition to the above, one of the following may apply: PP : Y I8 19 a• Two -story buildings shall receive a 15% reduction ' number of spaces: to the required 20 21 22 b• "Buildings of two or more stories with uses from twn of the three � 23 24 use categories provided herein under "Permitted Uses," each use constituting no less than 30% of the gross floor 25 area, shall receive a 30% reduction in the required number of spaces. 26 C. Buildings of three or more stories with uses from each of the three use 28 categories provided herein, :each use constituting 25% gross floor area, shall receive 29 a 45% reduction n therrequire' number of spaces. 30 31 32 4. For new buildings gyreater than 25 . A Q00 Chan es of use and additions renter than 10,000 33 34 s uare fee the allowable arkin adjustments identified in sub ara ra hs 21 and 3 above. shall re 35 iuire the affirrnative vote of four 4 members of the City Commission and Commission procedures established follow those for 36 37 _bushed s ecial use as set forth in Section _20- B throu h F and shall follow those rocedures for ublic 38 � or n � hearin s set forth in Section 20 -5 1 throu L20-5.6. - . 39 40 5. For new buildin s not exceedin 2 - 59.000 s ft. chap es or use and additions not exceedin 10 000 ` 41 s uare feet. the allowable arkin adjustments identified in sub aragra hs a 42 be as orovidcd -and 3 above, shall c0ntinue'to 43 44 6. Fo,T-2jDJacement of 45 an existing buildn , com letely damaged due to or man natural 46 made disaster, the allowable arkin adjustments identif sub arasra hs led in 47 2 and 3 ,above, shall continue to be as rovided 48 49 .... I Sec' Section 2: Section 20- 4.4(H), entitled "The MetroRa' Special Parking Permit, is hereby suspended for a period oflninege Consideration via 3 purpose of evaluating the effects and a ro nateness _ of this (9) months for the 4 developments. PP P � s provision on future 5 6 Section 3: Section 20- 4.4(G), entitled "Joint Use 7 Permit, is hereby suspended for developments within the boundaries aces via. Special parking 8 `District for a, period of rune (9) months for the u of the :Hometown 9 appropriateness of this provision on future developmentpsowin evaluating the effects and 10 the Hometown District. 11 Section 4: The ordinance shall not apply to any development for wh' 12 application for development permit was submitted prior to the l s` reading. rch an 13 14 Section 5: All ordinances, resolutions and parts the 15 ordinance shall not be in force and effect during the time period of in conflict with this 16 P f this ordinance. 17 Section 6: If any section, clause, sentence, or phrase of this 18 reason held invalid or unconstitutional by a court of com competent - s ordinance is for any 19 shall not affect the validity of the remainin P nt jurisdiction, the holding 20 g portions of this ordinance. 21 Sect_ i_ on 7: This ordinance 'shall take effect inane 22 passage. diateIy at the ti 23 me of its 24 PASSED AND ADOPTED this 4th May 1999 2S day of 26 ATTEST: 27 APPROVED: 28 29 CITY CLERK 30 MAYOR 31, READ AND APPROVED AS TO FORM: 32 COMMISSION VOTE: 33 C`;� 6 & Mayor Robaina: Yea 34 CITY ATTORNEir � Yea � %,2 Vice Mayor Oliveros: Yea 35 Commissioner Feliu: Yea 36 1st ' Reading: 312199 Commissioner Bethel: Yea 37 2nd `Reading: 514199 Commissioner Russell: Yea 38 39 40 _ 41 42 1 IF 43 :L.! 44 MAY 1 31999 45 46 47 48 ��.•; , 49 c:\ \parking modification study ord.doc\ Planning Board 50 �... ITEM #18 BACK UP JUNE 13,2006 DRAFT "' RIB' " CITY OF SOUTH MIAMI PLANNING BOARD / Action Summary Minutes Regular Meeting Tuesday, May 30, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call Ito Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. Action: The Pledge of Allegiance was recited in unison. Ifi. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Ms. Yates. City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings Mr. Morton swore in the speakers. PB -06 -016 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING FOR A PERIOD OF NINE MONTHS CERTAIN PROVISIONS OF SECTIONS 20 -4.4 (G) (H), 20 -7.6 (B) (C) AND 20 -8.10 THAT ALLOW FOR THE REDUCTION OF REQUIRED :PARKING SPACES,, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE AND ADOPT NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT 'DURING THIS ;CIA Planning Board Meeting May 30, 2006' Page 2 of 3 TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE: Action: Mr. Beilman read the ordinance into the record. Mr. O'Donniley explained that on May 4, 1999, the City Commission adopted a limited parking moratorium ordinance (No. 8 -99- 1682). The ordinance had been extended on five different occasions; the latest was adopted in July 2005 (Ord. No. 24 05- 1846). The 2005 ordinance amended the original moratorium to last 9 months therefore the moratorium ended on April 26, 2006. He noted that the parking moratorium affects certain provisions of the Land Development Code (LDC) which allow for automatic reductions in required parking. At this time, Mr. O'Donniley provided a background summary of the moratorium. He indicated the moratorium was extended several times in order to allow for a completion of a downtown parking study in 2004. In addition, amendments` to the parking regulations were also recommended by the Zoning Task Force in 2003,' the Parking Committee in 2005 and the Planning Board in 2006. All of these recommendations are now included in the updated and reformatted Land Development Code which is now complete and should be presented to the City Commission in September. Additionally, he stated the moratorium ordinance was a reaction to the impact of the Shops at Sunset and its purpose was to afford the city staff and citizens enough time to review the parking provisions in the LDC and recommend amendments, if necessary. The moratorium was placed on three parking sections in the LDC which allowed for reduced required parking in the Hometown District and in the vicinity, of the Metro -Rail station.' Mr. O'Donniley also informed the Board that on behalf of a member of the City Commission it was requested that the existing parking moratorium be extended as well as that consideration be given to expanding the moratorium to: • Section 20 -7.6 (C) - which permits payment into the Parking Infrastructure Trust' Fund in lieu of providing required spaces; • Section 20 -8.10 Bonus Allocations - parking space reductions provided in the Transit Oriented Development District (TODD) as part of the bonus allocations chart. Mr. Youkilis pointed out that the attached draft ordinance provided for continuation of a 9 month moratorium on the three previous sections and for a moratorium on the two new sections. The Board and staff proceeded to discuss the two aforementioned sections. Mr. O'Donniley then provided the following staff observations. He indicated staff was concerned about the placement of a moratorium on Section 20 -7.6 (C) which permits payment into the Parking Infrastructure Trust Fund in lieu of providing required spaces. This section is now being used by developers in the Hometown District. The Planning Board at its November 29, 2005 endorsed the continued use of this provision when it adopted the revised Chapter V Parking Regulations as part of the new LDC. The Board also made adjustments to the fees charged for payment into Fund. Planning Board Meeting May 30, 2006 Page 3 of 3 Recommendation Staff recommended that the ordinance re- instating the previous the moratorium on parking bonuses and expanding the moratorium to include Sections 20 -7.6 (C) and 20 -8.10 as set forth above, be approved for a nine month period. It is also recommended that the fees for the Parking Infrastructure Fund be amended to reflect the fees set forth in the final draft of the reformatted "new LDC ". Chair Morton opened the public hearing. No spoke on this item. Chair Morton closed the public hearing. Motion: Ms. Lahiff moved to recommend, approval. No one seconded the motion The Board resumed discussion and addressed specifically Section 20 -7.6 (C). Mr. O'Donniley clarified that during the moratorium period, the moratorium should only apply to new construction and not existing structures. The Board concurred with the Mr. O'Donnileys clarification. Furthermore, The Board agreed with the two new additional sections being included 'under the moratorium with the limitation that the moratorium should not affect payments into the Parking Infrastructure Trust Fund for existing structures. After the discussion has ended Chair Morton asked Ms'. Lahiff if she would amend her motion to include the change suggested by the Board. Ms. Lahiff proceeded to amend her motion. Amended Motion: Ms. Lahiff moved to approve that the original moratorium be extended and that the two new sections also be included under the moratorium, with the limitation that the moratorium should not affect payments into the Parking Infrastructure Trust Fund for existing structures. Mr. Commendeiro'seconded the motion. Vote: Ayes 6 Nays 0 I i