07-18-06South Miami
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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: July 18, 2006 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: July 25, 2006 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712, requires all lobbyists before
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
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 -
judicial and administrative action. It does not apply to not - for - profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1) Planning Department presenting EAR State response.
2) Congratulating Commissioner Marie Birts for being chosen as a
member of the Miami -Dade County Guardianship Board of
Directors. In addition,. Commissioner Birts has recently been
hired by the Coral Gables Chamber of Commerce as a Member
Services Representative.
REGULAR CITY COMMISSION 1
AGENDA - JULY 18, 2006
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of June 6, 2006
b) Minutes of June 13, 2006
2. City Manager's Report
a) Scheduling a "Sunset Conceptual Design" workshop
b) Scheduling the final "Employee Manual" workshop
c) Scheduling an "Insurance" workshop
3. City Attorney's Report
PUBLIC REMARKS
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING CLAIRE S. GREENWALD TO SERVE
ON THE COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR
TERM ENDING JULY 171 2008; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION RE- APPOINTING CLAIRE S. GREENWALD TO SERVE ON THE
COMMISSION FOR SENIOR CITIZENS FOR A 2 -YR TERM ENDING JULY 17, 2008)
(Mayor Feliu)
5. A RESOLUTION,OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING RUSSELL F. NANSEN TO SERVE ON
THE COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING RUSSELL F. NANSEN TO SERVE ON THE COMMISSION
FOR SENIOR CITIZENS FOR A 2 -YR TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING WALTER HARRIS TO SERVE ON THE
COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING WALTER HARRIS TO SERVE ON THE COMMISSION FOR
SENIOR CITIZENS FOR A 2 -YR TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
REGULAR CITY COMMISSION 2
AGENDA - JULY 18, 2006
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING DOREEN D. SCANLON TO SERVE ON
THE COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING DOREEN D. SCANLON TO SERVE ON THE COMMISSION
FOR SENIOR CITIZENS FOR A 2 -YR TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING HELEN MASSEY TO SERVE ON THE
COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING HELEN MASSEY TO SERVE ON THE COMMISSION FOR
SENIOR CITIZENS FOR A 2 -YR TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING LARRY A. LIGANMARE TO SERVE
ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING LARRY A. LIGAMMARE TO SERVE ON THE CRB FOR A
2 -YR TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING ANITA J. JENKINS TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING ANITA J. JENKINS TO SERVE ON THE CRB FOR A 2-
YR TERM ENDING JULY ,17, 2008) 3/5
(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 JOYCE
M. PRICE TO SERVE
ON
THE COMMUNITY RELATIONS BOARD
FOR A TWO YEAR TERM
ENDING JULY 17, 2008;
AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING
JOYCE M PRICE
TO SERVE ON THE CRB FOR A
2 -YR
TERM ENDING JULY 17, 2008)
3/55
(Mayor Feliu)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARK A. HEBERT TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
REGULAR CITY COMMISSION 3
AGENDA - JULY 18, 2006
(A RESOLUTION RE- APPOINTING MARK A. HEBERT TO SERVE ON THE CRB FOR A 2 -YR
TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING KRISTIN HEBERT TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING KRISTIN HEBERT TO SERVE ON THE CRB FOR A 2 -YR
TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; RE- APPOINTING MICHAEL ELDER TO SERVE ON
THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
TERM ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE
(A RESOLUTION RE- APPOINTING MICHAEL ELDER TO SERVE ON THE CRB FOR A
2 -YR
TERM ENDING JULY 17, 2008)
3/5
(Mayor Feliu)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; RE- APPOINTING PINKY SANDS TO SERVE ON
THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
(A RESOLUTION RE- APPOINTING PINKY SANDS TO SERVE ON THE CRB FOR A
2 -YR
TERM ENDING JULY 17, 2008)
3/5
(Mayor Feliu)
3 /5
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; RE- APPOINTING REVEREND DAVID WALKER
TO
SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR
TERM ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE
DATE.
3/5
(A RESOLUTION RE- APPOINTING REV DAVID WALKER TO SERVE ON THE CRB FOR A 2-
YR TERM ENDING JULY 17, 2008)
(Mayor Feliu)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; APPOINTING EDNA K. DAVIS TO SERVE ON
THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPOINTING EDNA K. DAVIS TO SERVE ON THE CRB FOR A
2 -YR
TERM ENDING JULY 17, 2008)
3 /5
(Mayor Feliu)
REGULAR CITY COMMISSION 4
AGENDA - JULY 18, 2006
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MICHAEL MILLER TO SERVE ON THE
PARKING COMMITTEE FOR TERM ENDING JULY 17, 2008; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING MICHAEL MILLER TO SERVE ON THE PARKING COMMITTEE
FOR A TERM ENDING JULY 17, 2008)
(Mayor Feliu)
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING CHARLOTTE C. DISON TO SERVE
ON THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING CHARLOTTE C. DISON TO SERVE ON THE HPB FOR A
TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARICE CHAEL TO SERVE ON THE
HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM ENDING
JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING MARICE CHAEL TO SERVE ON THE HPB FOR A TERM
ENDING JULY 17, 2008)
(Mayor Feliu)
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING ANN MARIE CLYATT TO SERVE ON
THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM
.ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING ANN MARIE CLYATT TO SERVE ON THE HPB FOR A
TERM ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING SCOTT KURTZMAN TO SERVE ON
THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION RE- APPOINTING SCOTT KURTZMAN TO SERVE ON THE HPB FOR A TERM
ENDING JULY 17, 2008) 3/5
(Mayor Feliu)
23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
REGULAR CITY COMMISSION 5
AGENDA - JULY 18, 2006
FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT
IN THE AMOUNT OF $6,929.00; TO BE CHARGED TO ACCOUNT
NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMT
OF $6,929.00; TO BE CHARGED TO THE CONSULTANT LABOR ATTORNEY'S ACCT
W /CURRENT BAL$7,000)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO ETHICS,
AMENDING CHAPTER 8A OF THE CODE OF ORDINANCES OF THE
CITY OF SOUTH MIAMI, ENTITLED "CODE OF ETHICS";
PROVIDING FOR THE DEFENSE OF ELECTED OFFICIALS;
DEFINITIONS; PROVISIONS FOR DEFENSE OF ELECTED
OFFICIALS; REQUEST PROCESS AND APPROVAL OF DEFENSE;
AUTHORIZATION; RESERVATION OF RIGHTS AND IMMUNITIES;
APPLICABILITY; PROVISIONS WHEN COMPLAINT OR ALLEGATIONS
ARE FOUND TO BE MALICIOUS, FRIVOLOUS OR GROUNDLESS;
PROVIDING FOR REPEAL, SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE. (Approved on 1st reading 6106106) 3/5
(Mayor Feliu)
25. 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. (Deferred 06113106) 3/5
(Commissioner Birts)
26. 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)
REGULAR CITY COMMISSION 6
AGENDA - JULY 18, 2006
RESOLUTION (S) /PUBLIC HEARING (S)
27. 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 PERMIT A RESTAURANT /BAKERY
TO BE CALLED PANERA BREAD IN THE "SR (HD -OV)" SPECIALTY
RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT
SUNSET PLACE); PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR SPECIAL USE APPROVAL TO PERMIT A RESTAURANT /BAKERY TO
BE CALLED PANERA BREAD LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET
PLACE)
(City Manager)
28. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME
IN THE REAR SETBACK AREA RESULTING IN A VARIANCE
REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A
MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A
PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE
DISTRICT, LOCATED AT 5841 SW 63 AVENUE, SOUTH MIAMI,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A VARIANCE FROM SEC. 20-3.5(E) OF THE LDC TO ALLOW A
ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR SETBACK AREA TO PERMIT
AN 8 -FOOT REAR SETBACK WHERE A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED,
LOCATED AT 5841 SW 63 AVENUE)
(City Manager)
RESOLUTION (S)
29. A RESOLUTION OF THE MAYOR AND CITY COMMISSIONOF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
AGENCIES; CREATING AN ELECTION PROCESS REVIEW ADVISORY
COMMITTEE; WHICH COMMITTEE SHALL REVIEW THE CITY'S
ELECTION, CAMPAIGN POLICIES AND PROCEDURES, AND VOTER
PARTICIPATION; THE ADVISORY COMMITTEE SHALL MAKE
RECOMMENDATIONS TO THE CITY COMMISSION REGARDING SAME;
APPOINTING COMMITTEE MEMBERS; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION CREATING AN ELECTION PROCESS REVIEW ADVISORY COMMITTEE AND
APPOINTING COMMITTEE MEMBERS)
(Commissioner Palmer)
REGULAR CITY COMMISSION
AGENDA - JULY 18, 2006
30. A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROPRIATIONS
FOR THE FEBRUARY 14, 2006 GENERAL AND SPECIAL ELECTION
FOR THE CITY OF SOUTH MIAMI; APPROVING THE EXPENDITURE
OF $12,299.57 FOR ELECTION COSTS;
CHARGING $3,920.50
[PREVIOUSLY APPROVED VIA RESOLUTION
NO.152 -05- 12131];
ALSO CHARGING $3,164.13 FROM ACCOUNT
NO. 1200- 512 -4920;
AND CHARGING $5,214.94 FROM ACCOUNT
NO. 2100- 519 -9920;
PROVIDING AN EFFECTIVE DATE.
3/5
(A RESOLUTION APPROVING THE EXPENDITURE OF $12,299.57 FOR ELECTION COSTS;
CHARGING $3,920.50; ALSO CHARGING $3,164.13 FROM
THE ELECTIONS' ACCT; AND
CHARGING $5,214.94 FROM THE NON- DEPARTMENTAL ACCT
W /CURRENT BAL$7,084.63 &
$53,301 RESPECTIVELY)
(City Manager)
31. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE SMCRA
EXECUTIVE DIRECTOR TO INITIATE A BUDGET TRANSFER IN THE
AMOUNT OF $10,000 FROM ACCOUNT NO. 610 - 1110 - 553 -99 -30
(RESIDENTIAL REHABILITATION GRANTS ACCOUNT) TO ACCOUNT
NO. 610 - 1110 - 551 -99 -32 (WOUNDED HEALER'S/ APPRENTICESHIP
JOB TRAINING ACCOUNT) TO CONTINUE OPERATION OF THE
WOUNDED HEALERS RESIDENTIAL REHABILITATION AND TRAINING
PROGRAM FOR THE REMAINDER OF THE FY 05/06 FISCAL YEAR;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE SMCRA EXECUTIVE DIRECTOR TO INITIATE A
BUDGET TRANSFER IN THE AMOUNT OF $10,000 FROM THE RESIDENTIAL
REHABILITATION GRANTS ACCT W /REMAINING BAL$7,500 TO THE WOUNDED HEALER'S
APPRENTICESHIP JOB TRAINING ACCT TO CONTINUE OPERATION OF THE PROGRAM FOR
THE REMAINDER OF FY 05106)
(City Manager)
(ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
32. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING REGULATIONS RETAINING TO
PARKING REDUCTIONS IN THE HOMETOWN OVERLAY ZONE IN
ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT
ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR
REGULAR CITY COMMISSION 8
AGENDA - JULY 18, 2006
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. (Deferred 06113106) 3/5
(Commissioner Beckman)
33. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE
CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING
CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(b) ENTITLED
"EXTENT OF SERVICE AND POINTS OF COLLECTION - DOMESTIC
TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN YARD
CLIPPINGS AT THE CURB FOR COLLECTION NO MORE THAN
SEVENTY -TWO (72) HOURS PRIOR TO THE SCHEDULED PICKUP
DAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Commissioner Palmer)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL 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
CODffKISSION. ff
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 9
AGENDA - JULY 18, 2006
South
Florida
le��
Regional'
Planning;
Council''
May 19, 2006
D40, /
Mr. Don O'Donniley, AICP
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
RE: Sufficiency Determination City of South Miami Comprehensive Plan Evaluation and Appraisal
Report
Dear Mr. O'Donniley:
The South Florida Regional Planning Council has completed its 60 -day preliminary sufficiency review of
the Evaluation and Appraisal Report (EAR) for the City of South Miami Comprehensive Plan adopted by
Ordinance No. 01 -06 -1869 on March 20, 2006. This letter is to advise you that the EAR has been
determined to be sufficient to meet the requirements of Section 163.3191, Florida Statutes (F.S.). This
finding of Sufficiency should be taken as the final determination on the Report.
Please note that a sufficiency determination does not constitute a compliance review of the proposed
amendments identified in the Report. The amendments referenced in the Report, as well as any other
amendments shall be reviewed for consistency with Chapter 163, Part II, F.S., and Rule 9J -5, Florida
Administrative Code when submitted as proposed amendments.
When preparing the EAR -based amendment, the City must take into consideration the new 2005
statutory requirements. Refer to Chapter 163, Part 11, F.S., as amended by Senate Bill 360 (Chapter 2005 -
290, Laws of Florida), to determine how the recent legislation affects South Miami's Comprehensive Plan.
In particular, note that new provisions in Sections 163.3 177(3)(a) and (b), F.S., require an annually
updated, financially feasible 5 -year schedule of capital improvements. Section 163.3 180(2) (a), F.S., has
updated water supply planning requirements. Section 163.3191(10), F.S., includes additional language
pertaining to the timely adoption of the EAR -based and other comprehensive plan amendments.
SFRPC staff is available to provide any needed assistance to the City as it prepares the EAR -based
amendments. If you have any questions, please do hesitate to contact Rebecca Garvoille, or me, at (954)
985 -4416.
Sincerely,
Terry Manning
Senior Planner
Attachments
cc: Ray Eubanks, Department of Community Affairs, Plan Processing Team
Bell David Planning Group
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985 -4416, Area Codes 305, 407 and 561 (800) 985 -4416
SunCom 473 -4416, FAX (954) 985 -4417, SunCom FAX 473 -4417
e -mail sfadmin @sfrpc.com
ADVISORY REPORT
for the
Adopted Evaluation And Appraisal Report of the City Of South Miami Comprehensive Plan
May 19, 2006
INTRODUCTION
This report has been prepared to provide City of South Miami staff with the results of the review of the
Adopted Evaluation and Appraisal Report (EAR) for the City of South Miami Comprehensive Plan.
Pursuant to Section 163.3191(8), Florida Statutes (F.S.), the Florida Department of Community Affairs
(DCA) has delegated review of the EAR to the South Florida Regional Planning Council (SFRPC).
The review of the City of South Miami's EAR is being conducted in accordance with Section 163.3191,
F.S., and is focused on EAR content requirements as contained in Subsections 163.3191(2)(a) -(m), F.S.,
and the major issues identified by the City and agreed to by DCA in the DCA's Letter of Understanding,
dated June 29, 2005.
Comprehensive Plan Status
The City of South Miami incorporated in 1926 and adopted its Comprehensive Plan in 1989. The City
completed its previous EAR report in 1995.
Letter of Understanding
DCA approved the City's EAR scope of work in a letter of understanding dated June 29, 2005. DCA's
letter suggested that the City address coordination with Miami -Dade County's Water Supply Plan and
include historic preservation as one of its major issues in the EAR.
Adopted Evaluation and Appraisal Report Review Findings and Recommendations
The SFRPC's review of the City of South Miami Adopted EAR has determined that the EAR is a very
thorough review of the performance of the City's Comprehensive Plan. The SFRPC commends the City
on its excellent efforts. The EAR also demonstrates consistency with the goals and policies of the Strategic
Regional Policy Plan for South Florida.
EAR CONTENT REQUIREMENTS
A summary of the Adopted EAR review is included below.
I. EAR INTRODUCTION SECTION
For this requirement the EAR has been reviewed for a description of the EAR preparation and adoption
process (163.3191(2)(j), F.S.).
Sufficient
II. CONDITION OF EACH ELEMENT AT THE DATE OF THE REPORT
For this analysis the EAR has been reviewed for the following:
A. Current Conditions For Major Issues (163.3191(2)(e)
Su cient
B. Population Growth, Changes In Land Area, Vacant Land And The Location Of Existing
Development As Compared To The Location Anticipated In The Plan (163.3191(2)(a)(b) and (c)
Sufficient
C. Assessment Of Successes And Shortcomings Of Each Element (163.3191(2)(h)
Su cient
III. COMPARISON OF PLAN'S OBJECTIVES WITH ACTUAL RESULTS TO DETERMINE
WHETHER THE OBJECTIVES HAVE BEEN ACHIEVED (163.3191(2)(g)
The focus of the EAR review is on those objectives that are related to the major issues and minimum EAR
content requirements.
Su cient
IV. MAJOR PROBLEMS OF DEVELOPMENT, PHYSICAL DETERIORATION, LOCATION OF
LAND USES AND THE SOCIAL AND ECONOMIC EFFECTS OF THE MAJOR PROBLEMS
IDENTIFIED (163.3191(2)(e)
The EAR has been reviewed to determine if a description of the social, economic and environmental
impacts of each major issue has been included.
Su cient
V. UNANTICIPATED AND UNFORSEEN PROBLEMS AND OPPORTUNITIES THAT
OCCORRED SINCE ADOPTION, INCLUDING A DESCRIPTION OF UNFORSEEN
PROBLEMS /OPPORTUNITIES AND THEIR IMPACT ON THE PLAN (163.3191(2)(f)
The EAR has been reviewed to determine if a discussion of whether unforeseen changes in circumstances
have created problems or opportunities related to each major issue has been included.
Su cient
VI. EFFECT ON THE LOCAL COMPREHENSIVE PLAN; CONSISTENCY OF THE PLAN WITH
THE STATE COMPREHENSIVE PLAN (CHAPTER 189, F.S.), STRATEGIC REGIONAL POLICY
PLAN, RULE 9J -5 (F.A.C.) AND CHAPTER 163, F.S. (163.3191(2)(f)
The EAR has been reviewed to determine if this analysis has been included as stated in the title of this
section.
Su cient
VII. IDENTIFICATION OF ANY NEEDED ACTIONS TO ADDRESS THE PLANNING ISSUES
RAISED IN THE REPORT (163.3191(2)(i)
The EAR has been reviewed to determine if this analysis has been included for the major issues.
Suoicien t
VIII. IDENTIFICATION OF PROPOSED OR ANTICIPATED PLAN AMENDMENTS TO
ADDRESS OR IMPLEMENT THE IDENTIFIED CHANGES (163.3191(2)(i)
The EAR has been reviewed to determine if plan amendments have been identified to address needed
changes for the major issues.
Su cient
IX. IDENTIFICATION OF CONCURRENCY MANAGEMENT AREA ACHIEVING ITS
PURPOSE (163.3191(2)(o)
The EAR has been reviewed to determine if this analysis has been included as stated in the title of this
section.
Su cient
X. ESTABLISHING A COMMON METHODOLOGY FOR MEASURING TRANSPORTATION
IMPACTS (163.3191)(o)
The EAR has been reviewed to determine if this analysis has been included as stated in the title of this
section.
Su cient
IX. MAJOR ISSUES
The City Of South Miami's Adopted EAR Has Identified The Following Major Planning Issues:
A. Development and Redevelopment
B. Transportation
C. Parks and Recreation
D. Fiscal Health and Government Services
A detailed analysis has been performed for each issue area and is included below.
ISSUE A: DEVELOPMENT AND REDEVELOPMENT
A well- documented analysis has been included.
Su cient
COMPARISON OF PLAN'S OBJECTIVES WITH ACTUAL RESULTS TO DETERMINE WHETHER
THE OBJECTIVES HAVE BEEN ACHIEVED
A well- documented analysis has been included.
Su cient
MAJOR PROBLEMS OF DEVELOPMENT, PHYSICAL DETERIORATION, LOCATION OF LAND
USES AND THE SOCIAL AND ECONOMIC EFFECTS OF THE MAJOR PROBLEMS IDENTIFIED
(163.3191(2)(e)
A well- documented analysis has been included.
Su cient
UNANTICIPATED AND UNFORSEEN PROBLEMS AND OPPORTUNITIES THAT OCCURRED
SINCE ADOPTION, INCLUDING A DESCRIPTION OF UNFORSEEN
PROBLEMS /OPPORTUNITIES AND THEIR IMPACT ON THE PLAN (163.3191(2)0
A well- documented analysis has been included.
Su cient
IDENTIFICATION OF ANY NEEDED ACTIONS TO ADDRESS THE PLANNING ISSUES RAISED
IN THE REPORT (163.3191(2)(1)
A well- documented analysis has been included.
Su cient
IDENTIFICATION OF PROPOSED OR ANTICIPATED PLAN AMENDMENTS TO ADDRESS OR
IMPLEMENT THE IDENTIFIED CHANGES (163.3191(2)(1)
The EAR has been reviewed to determine if this analysis has been included.
Su cient
ISSUE B: TRANSPORTATION
The EAR has been reviewed to determine if this analysis has been included.
Suoicien t
COMPARISON OF PLAN'S OBJECTIVES WITH ACTUAL RESULTS TO DETERMINE WHETHER
THE OBJECTIVES HAVE BEEN ACHIEVED
A well - documented analysis has been included.
Su cient
MAJOR PROBLEMS OF DEVELOPMENT, PHYSICAL DETERIORATION, LOCATION OF LAND
USES AND THE SOCIAL AND ECONOMIC EFFECTS OF THE MAJOR PROBLEMS IDENTIFIED
(163.3191(2) (e)
A well- documented analysis has been included.
Sufficient
UNANTICIPATED AND UNFORSEEN PROBLEMS AND OPPORTUNITIES THAT OCCURRED
SINCE ADOPTION, INCLUDING A DESCRIPTION OF UNFORSEEN
PROBLEMS /OPPORTUNITIES AND THEIR IMPACT ON THE PLAN (163.3191(2)(f)
A well- documented analysis has been included.
Su cient
IDENTIFICATION OF ANY NEEDED ACTIONS TO ADDRESS THE PLANNING ISSUES RAISED
IN THE REPORT (163.3191(2) (1)
A well- documented analysis has been included.
Su cient
It is recommended that the City of South Miami consider how it will conduct an evaluation of the
mobility impacts of its TCEA by the adoption of its EAR - based amendments as mandated by statutory
changes to Section 163.3180, F.S. (5)(e) - (g). Additionally, FDOT District IV poses several objections to
the City's proposed change from a TCEA to TCMA. Instead, District IV recommends that the City of
South Miami consider updating its TCEA or establishing a MMTD in its redevelopment areas. Please see
attached comments.
IDENTIFICATION OF PROPOSED OR ANTICIPATED PLAN AMENDMENTS TO ADDRESS OR
IMPLEMENT THE IDENTIFIED CHANGES (163.3191(2)(1)
The EAR has been reviewed to determine if this analysis has been included.
Su cient
ISSUE C: PARKS AND RECREATION
A well - documented analysis has been included.
Sufficient
COMPARISON OF PLAN'S OBJECTIVES WITH ACTUAL RESULTS TO DETERMINE WHETHER
THE OBJECTIVES HAVE BEEN ACHIEVED
A well- documented analysis has been included.
Sufficient
MAJOR PROBLEMS OF DEVELOPMENT, PHYSICAL DETERIORATION, LOCATION OF LAND
USES AND THE SOCIAL AND ECONOMIC EFFECTS OF THE MAJOR PROBLEMS IDENTIFIED
(163.3191(2)(e)
A well - documented analysis has been included.
Su cient
UNANTICIPATED AND UNFORSEEN PROBLEMS AND OPPORTUNITIES THAT OCCURRED
SINCE ADOPTION, INCLUDING A DESCRIPTION OF UNFORSEEN
PROBLEMS /OPPORTUNITIES AND THEIR IMPACT ON THE PLAN (163.3191(2)(f)
A well- documented analysis has been included.
Su cient
IDENTIFICATION OF ANY NEEDED ACTIONS TO ADDRESS THE PLANNING ISSUES RAISED
IN THE REPORT (163.3191(2)(1)
A well- documented analysis has been included.
Sufficient
IDENTIFICATION OF PROPOSED OR ANTICIPATED PLAN AMENDMENTS TO ADDRESS OR
IMPLEMENT THE IDENTIFIED CHANGES (163.3191(2)(1)
The EAR has been reviewed to determine if this analysis has been included.
Su cient
ISSUE D: FISCAL HEALTH AND GOVERNMENT SERVICES
A well documented analysis has been included.
Sufficient
COMPARISON OF PLAN'S OBJECTIVES WITH ACTUAL RESULTS TO DETERMINE WHETHER
THE OBJECTIVES HAVE BEEN ACHIEVED
Sufficient
MAJOR PROBLEMS OF DEVELOPMENT, PHYSICAL DETERIORATION, LOCATION OF LAND
USES AND THE SOCIAL AND ECONOMIC EFFECTS OF THE MAJOR PROBLEMS IDENTIFIED
(163.3191(2)(e)
A well- documented analysis has been included.
Su cient
UNANTICIPATED AND UNFORSEEN PROBLEMS AND OPPORTUNITIES THAT OCCURRED
SINCE ADOPTION, INCLUDING A DESCRIPTION OF UNFORSEEN
PROBLEMS /OPPORTUNITIES AND THEIR IMPACT ON THE PLAN (163.3191(2)(f)
A well- documented analysis has been included.
Sufficient
IDENTIFICATION OF ANY NEEDED ACTIONS TO ADDRESS THE PLANNING ISSUES RAISED
IN THE REPORT (163.3191(2)(1)
A well- documented analysis has been included.
Su cient
As preparation for the water supply planning process, required by 2005's Senate Bill 444, it is
recommended that the City of South Miami quantify its own specific potable water needs. The EAR
Report adequately describes the potable water supply currently delivered to the City by the County and
specifies how much the County is expected to provide. However, the City should quantify its own daily
potable water demand using per capita gallons per day or another acceptable measure. The City's
understanding of its own water needs will be central to its ability to ensure adequate water supply into
the future. Secondly, in its EAR Report, the City of South Miami addressed five potential areas for
annexation and cited the fact that it is currently analyzing their annexation. Prior to any annexation, it is
recommended that the City of South Miami conduct a thorough analysis as to: 1) the additional service
and capital facilities needs that its potential annexation areas will create and 2) what additional capacities
they will bring to the local community. Please see attached comments.
IDENTIFICATION OF PROPOSED OR ANTICIPATED PLAN AMENDMENTS TO ADDRESS OR
IMPLEMENT THE IDENTIFIED CHANGES (163.3191(2)(1)
The EAR has been reviewed to determine if this analysis has been included.
Sufficient
APPENDIX A
REVIEW AGENCY COMMENTS
In addition to the review by the South Florida Regional Planning Council, the adopted EAR was
distributed to eight different review agencies and local governments. Their comments are attached.
i r( 91'R,o9M�i
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated -to making Florida a beater place to cal! home"
THADDEUS L. COHEN, AIA
Secretary
,JES BUSH
Governor
April 20, 2006
Ms. Terry Manning
South Florida Regional Planning
to 140 Council
3440 Hollywood Blvd.,
Hollywood, FL 33021
Re: City of South Miami Adopted EAR — Delegated Review
Dear.Ms... Manning:, .;
sufficient review'of
The Department of..Commun ty: Affairs has conducted a preliminary. y'
tine City of South Miami's Adopted Evaluation and Appraisal` Repoit (EAR); adopted
under Ordinance' No:01 -06 -'1869 on- Jan" ary_5;.2006. Departmentsta "ff identified the
following potential sufficiency issue and comments for: your- consideration:
Sufficiency Issue
Staff notes a potential sufficiency issue under provisions of Section 163.3191 (2) (c) -
The financial feasibility of implementing the comprehensive level-of-service a f standards and
needed infrastructure to achieve and maintain adopted
sustain concurrency management systems through othe capital impre demands of ovements
and as well as the ability to address infrastructure backl g
growth on public services and facilities.
In reviewing.the financial-feasibility of providing services, ateCib presented i pecfc
wide aggregated supply and demand fiigures for potable ,
demand and supply information was presented. The City makes anticipatory
statements; foreseeing no problems, without providing any many or analysis or Gai to per Day
demonstrate.continued availability_of potable water of so y
MGPD.. foc.a population of this many of persons through the planning time
frame: The..levelof service standard is stated has "The County shall provide a:level of
..
serf.ce.such;:tFiat;pro�eGt flo&'plus the
minimum-dally ; flcsw of the`pi"ecedirig calendar
year' steal{ not exceed 98 percent of the County's treatment system s rated capacity?!;-tut
level of but
,no..specific,flow _totals are given to tie this LOS back to evaluating how the e
2555 SHUMARD Osa88 SOuncomv278 8468 TALLAHASSEE,
FAX:H(850) 921- 0781RSUn com22919-078140
Phone: (858) 488
Internet address: http:f /www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE Cb MMUuN � Nt3o�evaM . 22555 Shurtetd B�oul�ro HOUSING
555 Shun�d0� gWk DEVELOPMENT
2796 overseas Flighvray. Suite 212 Tallahassee FL 323932100 Tallahassee. FL 323952100 Tallahassee, FL 323952100
Marathon, FL 33050 -2227 1 � %a,,,L.nr (850) 413 -9969 (650} 488 7956
service was met or will be met in the future for South Miami specifically. Rather, the
City identifies the County EAR data showing County -wide aggregated data on capacity
and demand to demonstrate that the County -wide' system: is meeting the LOS standard
and thus the City is meeting its LOS standards.
The City has identified a $1 M,grant for capital improvement projects to provide
additional water capacity and reliability in the service area, but did not present a
projection of the capital facility needs for the next planning period. Additionally, the City
presented no discussion of the potential additional capital projects or costs for providing
services to the several large annexations mentioned in the report.
Recommendation
1. City should present additional data and analysis on the annual per capita
demand for potable water for the City specifically.
2. City should identify capital improvements, sources of funds, and schedule for
accomplishing the improvements over the planning time frame.
3. City should provide analysis of the potential impacts of the projected annexations
on levels of service needs and any capital improvements required to continue
meeting adopted levels of service for the concurrency items.
Should you have any questions regarding the Department's comments, please call Phil
Shafer, Planner, at 850 -921 -3762
Sincerely,,
Roger Wilburn
Regional Planning Administrator
RW /ps
Cc: Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council
M1�DMADE
ADA Coordination
.Agenda Coordination
Animal Services
Art in Public Places
Audit and Management Services
Aviation
Building
Building Code Compliance
Business Development
- apital Improvements Construction Coordination
Citizens' Independent Transportation Trust
Commission on Ethics and Public Trust
Communications
Community Action Agency,
Community & Economic Development
Community Relations
Consumer Services
Corrections & Rehabilitation
Cultural Affairs
Elections
Emergency Management
Employee Relations
Empowerment Trust
Enterprise Technology Services
Environmental Resources Management
Fair Employment Practices
Finance
Fire Rescue
General Services Administration
Historic Preservation
Homeless Trust
Housing Agency
Housing Finance Authority
Human Services
Independent Review Panel
International Trade Consortium
juvenile Assessment Center
Medical Examiner
Metro -Miami Action Plan
Metropolitan Planning Organization
Park and Recreation
Planning and Zoning
Police
Procurement Management
Property Appraiser
Public Library System
Public Works
Safe Neighborhood Parks
Seaport
Solid Waste Management
Strategic Business Management
Team Metro
Transit
Task Force on Urban Economic Revitalization
Vizcaya Museum And Gardens
Water & Sewer
Department of Planning and Zoning
Stephen P. Clark Center
111 NW 1st Street • Suite 1210
Miami, Florida 33128 -1902
T 305 -375 -2800
CA-�,D,s
April 13, 2006
Ms. Terese M. Manning, AICP
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, Florida 33021
RE: Cit,of South Miami.
Adopted Evaluation and Appraisal Report
Dear Ms. Manning:
miamidade.gov
This Department has reviewed the referenced City of South
Miami Adopted Evaluation and Appraisal Report. (EAR) on the
City's Comprehensive Plan. Our .review is conducted: to identify
any significant, points . of.. consistency. or inconsistency: with
provisions of Miami -Dade County's :Comprehensive
Development Master'Plan (CDMP ).
Our review of the City's Adopted EAR concludes that it is
generally consistent with the policies of the Miami -Dade County
CDMP, with the following comments:
The City has listed more than 80 recommendations for
modifications of its Comprehensive Plan. While many of
these deal with updating and minor modifications, there
are many others that deal with the City's desire to monitor
its growth, development, and redevelopment in
accordance with community goals and principles
established through an interactive public participation
process that has extended over the past several years.
Seeking to continue this community consensus that will
support implementation of these objectives is an
ambitious goal, and appears to bey essentials to:.success of
South Miami's exemplary
u
t nni
'e o
p
9.
• .Th .
e City.. ma wish #o onside'
y
:w
recommendations.. that
focus, orr' "a: 'subject' 'area; , = <:e.g
Transportation; when ..preparir ` th`eTCom rel eras ve': Plan ",
amendmoints, yto reduce'the'totai:nnumbEr oUamendment,
that hlayp #® be�� orres'sedF "T as c'ouid1�facl {;t,a a
pu lls
understandingf #fie EAR's °obJectlyes'
Ms. Terese Manning, AICP
April 13, 2006
Page 2 of 2
Thank you for the opportunity to review and comment on the South Miami Adopted
EAR. We look forward to reviewing the EAR -based amendments as they are proposed
for adoption.
If you have any questions, or require further information, please contact Mr. Mark R.
Woerner, AICP, Chief of the Metropolitan Planning Section at 305 - 375 -2835.
Sincerely,
!AU j
Diane O'Quinn Williams
Director
DOQW:SB:MRW:cpt
Mr. Don O'Donniley, AICP, Planning Director, City of South Miami
coo, bD}
F
N.
lorida De p art ent of Transportation
-District 6c
Miami -Dade and Monroe: Counties
19
JEB BUSH Planning Office DENVER J" STUTLER, Jr.
GOVERNOR 1000NW 111 Ave,.Room6112B SECRETARY_
Miami, FL. 33172 .
305- 470 -5826, SC429 -5111
FAX 305470 -6737 SC429 -6737
April 12, 2006
Ms.'Terese M. Manning' AICP
South Florida Regional Planning Council
3440 Hollywood Blvd., Suite 140
Hollywood,'Florida 33021'
Subject: City of South Miaini Evaluation and Appraisal Report Review
Dear Ms. Manning:
The City'of South Miami Evaluation and Appraisal Report (EAR) looks very good and is
one of the best we have reviewed so far. There are, however, a1ew .issues concerning
transportation that should be addressed. After reviewing the City of South Miami EAR,
we have the following comments and recommended changes:
I. The City's Transit Oriented Development (TOD) District'allows up to eight
stories of development, allowing'for significant redevelopment and infill. As the
EAR notes, while the redevelopment area did not have to: eet concurrency rules
as the area was designated a Transportation Concurrency Exception Area
(TCEA), as of May 2005, the Florida Legislature passed Senate Bill 360 which
`includes new rules requiring local governments 'to evaluate transportation impacts
from the district on surrounding facilities: Due 'to these changes, the EAR
recommends in Recommendation iI.B.T -3 that the City look at the current TCEA
and consider switching to `A Transportation Concurrency Management Area
(TCMA) as part of a Comprehensive Transportation Study in 2007. However, as
indicat4in the EAR, the new legislation requires that cities evaluate the impact
of their TCEAs on their transportation system by July 2006, An evaluation should
show analysis ofpotential redevelopment projects' impacts to US I -under the
current TCEA, oraii alternate type of district such as 'a TCMA or a Multimodal
Transportation District (MMTD). If is recommended that the EAR address the
July 2006 deadline and whether the City of South Miami' will be able to meet this.
9
2. A number of changes were made to reflect the establishment of the Urban Infll.
and Redevelopment Area. andthe TOI District. In order to address these,.as well:
as the changes to the current requirements on the existing TCEA, the EAR
includes a.discussionon the benefits and drawbacks of a TCEA and,TCMA (orb..;
pages 45't6ou0 47). The EAR recommends the City examine the questi 6f
switching to a TCMA in the proposed long range transportation study, however
there are several drawbacks associated with this approach_,
The structure of a TCMA concentrates on a road -based street grid
solution. As the EAR correctly states: "By developing methodologies that
measure trips against capacities on an areawide basis (often city wide,
over a wide array of parallel streets), capacities can be shared over an area
broader than the Transportation Analysis Zone (TAZ) level, (or single
street or block), thereby creating additional capacity and opening up
development opportunities_" This solution is. in contrast to a multimodal
solution that includes bicycle and pedestrian improvements, transit, and
land use changes as well as a street grid.
• Using the TCMA method of sharing the road capacities over a wider, area.
is a good strategy for areas with good street networks (which the City of
South Miami has), primary roads that are failing (also true of the City),
and parallel streets that'are not >at -capacity (NOT true. for the city).
According to the EAR, almost every road in the city is at an LOS of F,
meaning there are no alternative facilities to balance traitic.flow.
• One new objective for the EAR is to implement traffic calming strategies
on many of proposed reliever streets. It is not clear whether these are
active or passive strategies and what effect either. of these types of
strategies will'have on,vehicular capacity. .
• The TCMA also relies on opportunities for proporOonate.share mitigation.
It is not clear that development opportunities exist in large enough
numbers to pay for the strategies suggested by South Miami.
In light of these issues, it is recommended that the: City update the TCEA or
establish a MMTD in the redevelopment areas. Both an MMTD. and a TCEA
would give the City-the ability to mitigate additional .traffic in the. redevelopment
area through additional bicycle and pedestrian improvements,. transit, and. a. mix of
land uses. Currently, strategies to promote walking, biking, and transit use are not
explicitly considered or promoted in:the document.as required by Rule 9J -5.019
(4) (c). More information on.Multimodal Transportation Districts maybe found at
'the following site:
htip: / /www.dot. state. fl. us /planning/ systems /sm/los /pdfs/MMTDQOS.pdf.
3. According to Rule 93- 5.019, the -City's Comprehensive Plan must include the
following: (1) A graphic representation (map) of existing transportation data; (2)
A transportation systems analysis that addresses all modes of transportation; and
(3) A future transportation map. demonstrating an assessment of future
transportation improvements and potential needs. It is not clear from the EAR that
7
7
these requirements have been met in the original comprehensive plan or will be
updated through subsequent amendments or have been -as part of the EAR '
process. Some examples of information that should be updated include the
following: modal analysis, transportation facilities, demographic characteristics,
planned work program projects. The EAR' should recommend that that a
transportation analysis be conducted as part of the update of the comprehensive
plan and amendment process.
4. It is unclear from the document what strategies, if any, the City has in place for
meeting and maintaining its adopted level of service standards within its
jurisdiction (9J -5.019 (3) (h)) or for transportation systems demand or
management (9J -5.019 (4) (c) 7). It is not clear what numerical indicators have
been established to judge the achievement of the mobility goals of the community
(9J -5.019 (4) (c) 10). There is no updated traffic analysis included.
5. There is no apparent overall goal statement. The addition of an overall goal
statement for the transportation element that demonstrate internal consistencies
within the planning document's various elements is required by Rule 9J -5.019 (4)
(a).
If you have any questions please feel free to contact me at 305 -470 -5826.
ncerely
.f
I e S. Seitlin
ultimodal Projects Administrator
cc:
Ray Eubanks, DCA
David Korros, FDOT
Karen McGuire, FDOT
Kevin Tilbury, RPG
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i5
City of South Miami
Regular City Commission Minutes
June 6, 2006
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, June 6, 2006, beginning at 7:05
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe and
Commissioners Velma Palmer, Marie Birts and Jay Beckman.
Also in attendance were: City Attorney Luis Figueredo, City
Clerk Maria M. Menendez and Acting City Manager Yvonne Soler -
McKinley.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
1) City of South Miami lobbyist Fausto Gomez
Mr. Gomez presented a report to the Commission detailing the
accomplishments of the City during the 2006 Florida Legislative
Session. The City's primary legislative goals were: acquisition
of the Dison and YMCA properties, stormwater and Sunset Drive
drainage improvements, potable water extension, and the
development of a bicycle path master plan. The legislature funded
every single one of these priorities and appropriated $200,000
for the Dison property, $2,750,000 for the YMCA acquisition,
$800,000 for stormwater improvements, $800,000 for the Sunset
Drive drainage improvements, $127,500 for the potable water
extension. and $150,000 for the bicycle path.
2) "Recognizing the sponsors of the National Public Works
Week"
These are the sponsors of the National Public Works Week:
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
01
1 Corzo Castella Carballo Thompson Salman, P. A.
2 Milian, Swain and Associates, Inc.
3 Palm Engineering Group, Inc.
4 The Richard Brandon Co.
5 T. J. Pavement, Corp.
6 Yvonne Soler- Mckinley
7 Chamber South
8 SFM Services, Inc.
9 AFSCME, Local 3294
10 Leon Engineering, Corp.
11 Benson Electric.
12 Employee Benefits Consulting Group
13 TY Lin /HJ Ross Associates Inc.
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16 3) Officer Joe Mendez as Officer of the Month for April
17 2006
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19 Major Mills presented Officer Mendez as Officer of the Month
20 for April 2006 for his extraordinary accomplishments.
21
22 4) HR to present City manager Advisory Committee final
23 recommendation
24
25 Frank Cuzzocrea, Chair for the City Manager Advisory
26 Committee presented their recommendations after giving the
27 Commission an overview of the process. He said that 12 resumes
28 were received.
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30 The interview of the candidates was set for Saturday, June
31 10, 2006.
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33 With no further comments or discussion, the presentation
34 section ended.
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37 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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40 1. Approval of Minutes:
41 a) Minutes of May 2, 2006
42
43 Moved by Mayor Feliu, seconded by Commissioner Birts, the
44 motion to approve the minutes of May 2, 2006 passed by a 5 -0
45 vote:
46
47 Commissioner Palmer: Yea
48 Commissioner Birts: Yea
49 Commissioner Beckman: Yea
50 Vice Mayor Wiscombe: Yea
REGULAR CITY COMMISSION 2
MINUTES - June 6, 2006
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Mayor Feliu:
b) Minutes of May 8, 2006
Moved by Commissioner Beckman, to amend hi s
to reflect a "yea," seconded by Mayor Feliu,
approve the minutes of May 8, 2006 as amended
vote:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman
Vice Mayor Wiscombe:
Mayor Feliu:
2. City Manager's Report:
Yea
vote on page 2
the motion to
passed by a 5 -0
Yea
Yea
Yea
Yea
Yea
Ms. McKinley informed that staff met recently to start
preparing for this year's hurricane season; they reached the
consensus that it is better to have the point of distribution at
City Hall versus Murray Park, at least until we get a generator
for that site. City Hall has a large generator, and also the
gasoline supply; therefore, it is a much better place for that
arrangement.
Vice Mayor Wiscombe urged the Manager to make sure that the
communication system will be in good working order for the
Commission and for the essential personnel because last year they
had problems with radio operation.
Mayor Feliu asked Ms. McKinley about the status of the noise
coming from the air conditioning on top of the Professional
Building.
Ms. McKinley said that staff is working on a decibel's
ordinance that will probably come to the Commission by the second
meeting in July. She then said that she and Vice Mayor Wiscombe
will be meeting with the owner of the building in order to
discuss this issue with them and a prompt resolution to this
matter.
Mayor Feliu then referred to the complaints received
regarding the 3 -story building that the school is constructing in
the City. He said that even though there is not much that the
City can do about it, perhaps they can look into some type of
buffer to isolate the residential neighborhood.
Ms. McKinley said they have contacted the school and what
they have said is that they are working towards reducing class
REGULAR CITY COMMISSION 3
MINUTES - June 6, 2006
1 sizes, as the result of the reduced class size mandate from the
2 State. They are trying to create more space in order to have
3 smaller classes. She said that she will be meeting with the staff
4 of that school and JRE Lee; Vice Mayor Wiscombe and Commissioner
5 Palmer will be receiving an invitation to attend that meeting.
6
7 Commissioner Palmer asked Ms. McKinley about the status of
8 the website improvements. Ms. McKinley said that she is working
9 with some vendors; one of the possibilities she is looking at is
10 putting the meetings online so that people would be able to
11 follow them from their laptops from wherever they are. Hopefully
12 by the end of July we will have everything done.
13
14 Commissioner Palmer also said that a lot of people were
15 disappointed because they did not know about the last special CRA
16 meeting. She also asked whether there are any plans or layout
17 about the refurbishing of the Mobley building.
18
19 Ms. McKinley said that we will be able to make a full
20 presentation at the second meeting in July.
21
22 Vice Mayor Wiscombe said that he has been working closely
23 with Aji and the Manager, and that he has visited every park over
24 the last two weeks. He said that there are some problems that
25 they will need to address, and at the next Commission meeting he
26 will be providing a report, including photos, which will help
27 during the budget hearings so that they can address some of the
28 situations. He said that we do have some serious problems and
29 that they need to be addressed as soon as possible.
30
31 a) Report on disposition alternatives for City owned property
32 located at 5890 SW 69th Street (Inspection Station site)
33
34 There were no comments regarding this item.
35
36 With no further comments or discussion, the City Manager's
37 Report concluded.
38
39
40 3. City Attorney's Report:
41
42 (NONE)
43
44
45 PUBLIC REMARKS
46
47 David Tucker Sr. spoke about the Memorial Day celebration.
48
REGULAR CITY COMMISSION 4
MINUTES - June 6, 2006
1 Louis Katchis referred to a petition that went around *his
2 neighborhood about the school construction issue and submitted a
3 copy to the Clerk.
4'
5 Michael Miller referred to the proposed roundabout at SW
6 64th Street and SW 69th Avenue. He said that there is another
7 option which is widening the intersection. He said that the City
8 should do what it can to improve the CRA area and urged the
9 Commission to continue to work towards the 15 -year extension.
10
11 Fred Truby read a petition signed by his neighbors regarding
12 the noise from the air conditioning system at the Professional
13 Building, requesting action towards resolving the issue. On
14 another issue, he said that the community needs a pool.
15
16 Vice Mayor Wiscombe said that he has spoken with the Manager
17 on this issue. He said that we need some guidelines in the noise
18 ordinance for something like this; he has requested a meeting
19 with the property owner immediately.
20
21 Dick Ward echoed Mr. Miller's comments regarding the
22 roundabout saying that it will be a disaster not only for the
23 residents but also for the surrounding schools. He said that the
24 YMCA contract should be revised particularly when it comes to the
25 use of the pool. (Vice Mayor Wiscombe said that the revision has
26 already been requested).
27
28 Edna Davis asked for assistance regarding her RV situation.
29 Mayor Feliu asked Ms. McKinley to have Code Enforcement Manager
30 Eva Rosa contact Ms. Davis as soon as she gets back from
31 vacation.
32
33 Katrina Burkhart referred to the traffic and the speeding on
34 67th Avenue, between Dixie and 80th, and asked for the traffic
35 - device that would be appropriate. She said that she opposes to a
36 4 -way stop because she likes to live with her windows opened. She
37 also said that police presence would help. About the parking in
38 the area she said that a lot of people from the office across the
39 street from her house park all over the driveways blocking
40 people's entrances, and requested "residents only" stickers in
41 that area. She then said that she is the Vice President of the
42 SMHA and that they are one- hundred percent in favor of the
43 success of the CPA; however, the CRA needs a director and a plan
44 for the projects.
45
46 At this time Mayor Feliu asked Ms. McKinley to take a look
47 at the traffic issue along 80th Street. He also asked Ms.
48 McKinley to look at the area for possible decal parking.
49
REGULAR CITY COMMISSION 5
MINUTES - June 6, 2006
1 County Engineer Mohammed Hassan said that they have received
2 some complaints about the speeding situation in that area and
3 that they are already looking into the issue.
4
5 Sharon McCain referred to the RFP for the audit saying that
6 we need a really good company. She then referred to a brochure of
7 the South Miami Panthers involving the City in their presentation
8 and asked the Commission whether anyone knew about that. She left
9 a brochure with the City Clerk. She also referred to the speeding
10 of motorists along 58th Street by her residence. She also
11 referred to dumpsters in the downtown area that are placed where
12 they are not supposed to be.
13
14 Walter Harris said that the Commission for Senior Citizens
15 has a lot of programs in place but that they need more members.
16 He also said that he is interested in joining the Community
17 Relations Board.
18
19 Adriana Truby spoke with concerns about the Linear Park
20 which suffered a lot of damage from the hurricanes, particularly
21 the sidewalk. She said that around October of last year the
22 Hospital had informed her that the sidewalk would be
23 reconstructed by the beginning of this year. She said that the
24 landscaping is already being taken care of but that the sidewalk
25 is very important and that she hopes that this will be resolved
26 soon.
27
28 Ms. McKinley said that she spoke with Jerome Marshall
29 yesterday and that they are putting $26,000 worth of landscaping
30 on that area and that Aji will be communicating with them
31 regarding the sidewalk issue.
32
33 Bob Welsh referred the article in the Neighbors last Sunday
34 regarding the recent election. He said that there was inaccuracy
35 by Elaine del Valle that says that he put letters in everybody's
36 box.
37
38 John E. Smith referred to the bike path and urged the
39 Commission to put it in next year's budget. About the 'rules of
40 procedure for changing the day of the meetings he said that there
41 is no need for that. On the roundabout he said to leave the
42 decision to the professionals and that he has seen them
43 throughout Coral Gables and that they seem to be effective. He
44 also said to be in favor of the cell phones item on the agenda
45 but that it would be difficult to accomplish.
46
47 Shawnte Wells reported very loud music being played late at
48 night in Marshal Williamson Park. She spoke about the need for
49 the Madison Square project. She also expressed concerns about the
50 Park and Recreation Department.
51
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
1 Al Elias spoke of the need to look at different ways to
2 approach traffic and the need to plan ahead.
3
4 Simon Codrington spoke of concerns with the restrictions
5 that have been imposed on the CRA. He said that it is time to get
6 serious, and recommended that we have workshops in the future so
7 that people understand what the CRA is all about.
8
9 Mayor Feliu asked Mr. Codrington if he would be willing to
10 speak to the body of the SMHA. Mr. Codrington said that he would
11 be more than glad to do that, and invited everyone to attent the
12 town hall meeting this coming Thursday to be held at St. John AME
13 Church at 7:30 p.m.
14
15 Adrian Ellis spoke of Ms. Anderson's Committee appointment
16 on the agenda. He said that Ms. Anderson is very active in the
17 community regarding affordable housing and economic issues. He
18 also said that there are people that claim that they support the
19 CRA but that they never come up with a solution to resolve the
20 problems.
21
22 Frank Cuzzocrea, President of the SMHA, invited everyone to
23 attend their meeting on June 19th at 7:00 p.m. He said that they
24 have members who are black, Hispanic, and white. He wants
25 everybody in the City represented. About the CRA, he said that he
26 would like to see a plan and also a CPA director.
27
28 With no more speakers the public remarks section was closed.
29
30 At this time item no. 11 was pulled from the Consent by
31 Commissioner Palmer (it remained as item no. 11)
32
33 CONSENT
34
35 78 -06 -12219
36 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
38 COMMITTEES; APPOINTING JOSEPHINE B. ANDERSON TO SERVE
39 ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM
40 OF TWO YEARS, ENDING JUNE 5, 2008; AND PROVIDING AN
41 EFFECTIVE DATE. 3/5
42 (Mayor Feliu)
43
44 79 -06 -12220
45 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
47 COMMITTEES; APPOINTING CARLOS I. CARDELLE TO SERVE. ON
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
7
1
THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING
2
SEPTEMBER 30, 2006; AND PROVIDING AN EFFECTIVE DATE.3 /5
3
(Mayor Feliu)
4
5
80 -06 -12221
6
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
8
MANAGER TO ISSUE A SERVICE WORK ORDER TO TY LIN /H.J.
9
ROSS FOR PROFESSIONAL ENGINEERING SERVICES FOR
10
CONSTRUCTION PHASE SERVICES FOR THE CHURCH STREET
11
IMPROVEMENTS - PHASE III, IN AN AMOUNT OF $21,270.00 TO
12
BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY &
13
ECONOMIC DEVELOPMENT (OCED) GRANT ACCOUNT NUMBER 106-
14
1724 - 541 -3454; PROVIDING FOR AN EFFECTIVE DATE. 3/5
15
(City Manager)
16
17
81 -06 -12222
18
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
20
MANAGER TO EXECUTE A WORK ORDER FOR TRUCK CRANE REPAIR
21
BY AMERICAN TRUCK CRANE, INC. IN AN AMOUNT OF $6,390.27
22
TO BE CHARGED TO PUBLIC WORKS DEPARTMENT'S ACCOUNT
23
NUMBER 001 - 1760 - 519 -4680; PROVIDING FOR AN EFFECTIVE
24
DATE. 3/5
25
(City Manager)
26
27
82 -06 -12223
28
8.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
29
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
30
DISBURSE AN AMOUNT NOT TO EXCEED $30,000.00 TO PROTURF,
31
INC. FOR THE RENOVATION OF THE BASEBALL /SOFTBALL FIELDS
32
AT PALMER PARK; TO BE CHARGED TO THE FLORIDA RECREATION
33
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT ACCOUNT
34
NUMBER 001.0000.131.2221 AND THE PARKS GRANT MATCHING
35
FUND ACOUNT NUMBER 001.0000.219.3520; PROVIDING AN
36
EFFECTIVE DATE. 3/5
37
(City Manager)
38
39
83 -06 -12224
40
9.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
41
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
42
DISBURSE AN AMOUNT NOT TO EXCEED $8,000.00 TO FLORIDA
43
ELECTRIC CONTRACTING SERVICE, INC. FOR THE REPAIR OF
44
ATHLETIC FIELD LIGHTS AT PALMER PARK TO BE CHARGED TO
45
THE HURRICANE WILMA FEMA ACCOUNT NUMBERS
46
001.0000.115.5037 AND 001.0000.115.5035 AND THE PARKS
47
AND RECREATION DEPARTMENT'S MAINTENANCE & REPAIR
REGULAR CITY COMMISSION 8
MINUTES - June 6, 2006
1 ACCOUNT NUMBER 001.2000.572.4620; PROVIDING AN
2 EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 84 -06 -12225
6 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
8 MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER
9 DISPLAYS UNLIMITED, INC. FOR THE ANNUAL JULY 4"
10 FIREWORKS DISPLAY FOR A TOTAL PRICE OF $9,000.00, WITH
11 DISBURSEMENT FROM THE PARKS AND RECREATION DEPARTMENT
12 4TH OF JULY FIREWORKS ACCOUNT NUMBER 001- 2000 - 572 -4820;
13 PROVIDING FOR AN EFFECTIVE DATE. 3/5
14 (City Manager)
15
16 Moved by Commissioner Palmer, seconded by Vice Mayor
17 Wiscombe, the motion to approve the consent agenda passed by a 5-
18 0 vote:
19
20 Commissioner Palmer: Yea
21 Commissioner Birts: Yea
22 Commissioner Beckman: Yea
23 Vice Mayor Wiscombe: Yea
24 Mayor Feliu: Yea
25
26
27 RESOLUTION (S)
28
29
85 -06 -12226
30
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO WAIVING
32
REQUIREMENTS OF RESOLUTION 27 -03 -11576 FOR THE ROTARY
33
CLUB OF SOUTH MIAMI FOR THE EVENT SPONSORED BY THE
34
ROTARY CLUB, WHICH EVENT SHALL BE NAMED THE SOUTH MIAMI
35
ROTARY ARTS FESTIVAL; PROVIDING AN EFFECTIVE DATE. 3/5
36
(Mayor Feliu)
37
38
Moved by Mayor Feliu, seconded by Commissioner Birts
to
39
approve this item.
40
41
Commissioner Palmer said that she did not understand
the
42
extent of this item, specifically with regard to the waiving
of
43
fees, and asked whether the City would be loosing any money
for
44
this event, and if so, what would the amount be.
45
46
Mayor Feliu explained that every year the City provides
the
47
same services for this and other events; this is provided as
an
48
in -kind service. The City does not lose any more or any less than
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
4
1 it has in the past. The craft festival has been going on for over
2 22 years and the Red Sunset Merchants Association has not really
3 been involved with it; the Rotary Club of South Miami has really
4 been the driving force behind the event. This will just be to
5 transfer the festival over to the South Miami Rotary Club that
6 will be running the show. He said that all proceeds go to
7 charity. This is just to transfer the same privileges that we
8 have given in the past, to the Rotary Club.
9
10 Vice Mayor Wiscombe said that we need to have some
11 accountability on how the money is spent. We have no idea of what
12 these festivals are making. He said that they should do this for
13 all of the other festivals in the future so that we have some
14 type of record and accountability for it.
15
16 Commissioner Beckman said that he does not find any date on
17 the resolution saying for how many years it is effective.
18
19 Mr. Figueredo said that this resolution only deals with the
20 permit process. All this resolution does is extend to the Rotary
21 Club the same courtesy that has been extended historically which
22 is dealing with permitting. He said that the resolution can
23 always be amended in the future.
24
25 With no further comments or discussion, the motion to
26 approve this item passed by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Commissioner Birts: Yea
30 Commissioner Beckman: Yea
31 Vice Mayor Wiscombe: Yea
32 Mayor Feliu: Yea
33
34
35 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
36
37 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RULES OF
39. PROCEDURE OF THE CITY COMMISSION, AMENDING CHAPTER 2
40 SECTION 2 -2.1 OF THE CODE OF ORDINANCES OF. THE CITY OF
41 SOUTH MIAMI, ENTITLED "RULES OF PROCEDURE OF THE CITY
42 COMMISSION "; BY CHANGING THE DATE OF REGULAR COMMISSION
43 MEETINGS; PROVIDING FOR REPEAL, CODIFICATION,
44 SEVERABILITY, AND AN EFFECTIVE DATE. 3/5
45 (Mayor Feliu)
46
47 Moved by Mayor Feliu, seconded by Commissioner Palmer to
48 approve this item.
49
REGULAR CITY COMMISSION 10
MINUTES - June 6, 2006
1 Mayor Feliu said that he sponsored this ordinance; however
2 after listening to many people in the community, he feels that it
3 is important that they receive the maximum input from the entire
4 community. He said that he believes that it would be better that
5 this be considered to be placed at the next election. He said
6 that he would like to bring it up for discussion prior to that
7 election to see whether people are still really concerned about
8 changing the day of the meetings.
9
10 Vice Mayor Wiscombe said that we could work with the Board
11 of Elections to see how they would handle it.
12
13 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, and
14 with no further comments or discussion, the motion to table this
15 item passed by a 5 -0 vote:
16
17 Commissioner Palmer: Yea
18 Commissioner Birts: Yea
19 Commissioner Beckman: Yea
20 Vice Mayor Wiscombe: Yea
21 Mayor Feliu: Yea
22
23
24 RESOLUTION (S)/PUBLIC HEARING (S)
25 (NONE)
26
27 RESOLUTION (S)
28 (CONT'D)
29
30 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE
32 ADMINISTRATION TO WORK WITH MIAMI -DADE COUNTY FOR THE
33 DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF SW 67TH
34 AVENUE AND SW 64TH STREET; PROVIDING AN EFFECTIVE DATE.
35 (Deferred 5102106 & 5116106) 3/5
36 (Commissioner Beckman)
37
38 Moved by Commissioner Palmer, seconded by Commissioner Birts
39 to approve this item.
40
41 Mohammed Hassan with the Engineering Division of Miami -Dade
42 County addressed the Commission about traffic calming devices and
43 the efforts that his department is doing to alleviate the traffic
44 problems. As a conclusion, he said that they are not promoting
45 anyone system in particular.
46
47 Commissioner Birts asked for clarification as to why the
REGULAR CITY COMMISSION 1 1
MINUTES - June 6, 2006
1 traffic signal would not move the traffic fast enough. She said
2 that we need a turning lane at that intersection, both right and
3 left. She also asked for clarification as to why with the
4 roundabout the children only need to look in one direction.
5
6 The County engineers addressed the questions and concerns of
7 the Commission.
8
9 Vice Mayor Wiscombe said that he has a great concern about
10 this because of the fact that he has been dealing with education
11 for 24 years, and knowing children as he does, that is a disaster
12 waiting to happen. This is all great on paper but kids are kids.
13
14 Commissioner Birts said that one of her issues while
15 campaigning was the safety of the children that walk to school.
16 Those children are not going to 64th, they are cutting at 65th,
17 and that needs to be addressed. That is where we need to have a
18 sign or something. They are not going down to the light.
19
20 Commissioner Palmer said that she has been looking at all
21 the pros and cons, the back up, the roundabouts at the Gables,
22 and putting hours upon hours into this thing, she still went to
23 Pincrest to see how the calming device is working there. However,
24 after giving it her best shot, she still does not think that this
25 is going to work.
26
27 Commissioner Beckman said that when the option with the
28 widening of the intersection was presented to the neighbors they
29 all hated it and did not want any part of that. He said that
30 there is a petition that went out to neighbors within 500 feet,
31 and 93 percent of them favored the roundabout. From an
32 engineering point of view, and from a statistical point of view,
33 he continued, it is proven that the roundabout design is safer
34 for pedestrians, is safer for drivers, and it moves traffic
35 better.
36
37 Mayor Feliu thanked the County engineers for their patience.
38 He then said that not voting for this would mean that the County
39 would go with the traditional light. We all agree that the
40 intersection needs improvement, it needs beautification, and both
41 designs offer that to a certain extent.
42
43 With no further comments or discussion, the motion to
44 approve this item failed by a 1 -4 vote:
45
46 Commissioner Palmer: Nay
47 Commissioner Birts: Nay
48 Commissioner Beckman: Yea
49 Vice Mayor Wiscombe: Nay
50 Mayor Feliu: Nay
51
REGULAR CITY COMMISSION 12
MINUTES - June 6, 2006
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86 -06 -12227
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A
FINANCIAL MANAGEMENT CONSULTING FIRM; AUTHORIZING THE
ISSUANCE OF AN RFQ FOR PROFESSIONAL ACCOUNTING AND
OPERATIONAL REVIEW AND PERFORMANCE MANAGEMENT SERVICES;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Wiscombe)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
Vice Mayor Wiscombe said that he has always wanted to do an
audit to make sure that everything is fiduciary sound and if
there are any problems which may have occurred over the last
couple of years, that we find out what the problems are so that
they may be corrected and prevent from happening again. We are
also required by Charter to do an audit every five years.
Commissioner Birts said that she will support this item
because it is needed.
Commissioner Palmer said that
since the language indicates that
every five years. She asked as to
audit or a forensic audit.
she needed some clarification
we should have an audit done
whether it would be a regular
Vice Mayor Wiscombe said that it can be both, and rather
than spending triple the money, we may be able to identify any
problem this way. He then explained that we are required a five -
year audit and that is a performance -based audit.
Commissioner Palmer then said that there was another problem
with auditing. She said that she has been against having the same
person auditing CRA and auditing the City. She also asked whether
they will be willing to adhere to the recommendations that will
be made by the auditor.
Commissioner Beckman asked why the five -year performance -
based audit was not budgeted for and whether it was an oversight.
(The Finance Director said that it could have been an oversight).
Commissioner Beckman also said that the Charter provides that we
are supposed to have a new auditor every three years, and asked
whether the current auditor has to be replaced.
Finance Director Adriana Hussain indicated that we have an
option for the third year. We are now in the stage where we are
asking the current auditor for quotes to decide whether we are
going to keep him or if we are going to go out for bids.
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
13
1
2 Ms. McKinley said that we are going out for an RFQ for the
3 auditor to conduct the performance -based audit.
4
5 With no further comments or discussion, the motion to
6 approve this item passed by a 5 -0 vote:
7
8 Commissioner Palmer: Yea
9 Commissioner Birts: Yea
10 Commissioner Beckman: Yea
11 Vice Mayor Wiscombe: Yea
12 Mayor Feliu: Yea
13
14
15 87 -06 -12228
16 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYING THE
18 STATE LEGISLATURE TO CHANGE STATE LAW SO AS TO PRECLUDE
19 CELLULAR TELEPHONE USAGE BY MOTOR VEHICLE DRIVERS WHILE
20 LOCATED IN A SCHOOL ZONE; PROVIDING AN EFFECTIVE DATE.
21 3/5
22 (Mayor Feliu)
23
24 Moved by Commissioner Palmer, seconded by Vice Mayor
25 Wiscombe to approve this item.
26
27 Mayor Feliu said that he is sponsoring this resolution as
28 the result of reading in the paper about a couple of tragedies
29 that have occurred involving drivers talking on the phone while
30 traveling through a school zone. The City does not have
31 jurisdiction over cell phone usage; that is exclusively given to
32 the State legislators to regulate. Other cities across the
33 nation, such as New York City, do have this type of regulation.
34 He has already spoken with State Representative Marco Rubio who
35 is going to be the speaker of the House and will have a great
36 more responsibility and Rep. Rubio likes the idea, he added.
37
38 Commissioner Palmer asked whether it would be a good idea to
39 ask the School Board to support this effort as well. Mayor Feliu
40 said that this is a very good idea.
41
42 Commissioner Beckman said that he would like to amend the
43 resolution. He said that besides the distraction caused by the
44 usage of the cell phone, there are other distractions that also
45 cause problems, such as eating, drinking, smoking, and applying
46 makeup.
47
48 Commissioner Beckman then proposed to amend the resolution
49 by adding: ...eating and drinking, smoking and applying makeup by
REGULAR CITY COMMISSION 14
MINUTES - June 6, 2006
1 persons operating a motor vehicle, specially...
2
3 Mayor Feliu asked the opinion of the City Attorney on the
4 proposed amendment above. The City Attorney said that those
5 things may be regulated but what would be difficult is to enforce
6 them.
7
8 Mayor Feliu said that he would like more information
9 regarding the correlation between accidents and eating and that
10 he would like to see this resolution passing as written. He said
11 that perhaps they can pass a separate resolution . which
12 Commissioner Beckman could sponsor with his proposal.
13
14 The above proposed amendment by Commissioner Beckman died
15 for lack of a second.
16
17 With no further comments or discussion, the motion to
18 approve this item passed by a 5 -0 vote:
19
20 Commissioner Palmer: Yea
21 Commissioner Birts: Yea
22 Commissioner Beckman: Yea
23 Vice Mayor Wiscombe: Yea
24 Mayor Feliu: Yea
25
26 88- 06- 12229
27 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
29 APPLICATION FOR SPECIAL EXCEPTIONS AS PROVIDED FOR
30 UNDER THE SETTLEMENT AGREEMENT FOR CIRCUIT COURT CASE:
31 MARK RICHMAN PROPERTIES V. CITY OF SOUTH MIAMI, UNDER
32 CASE NO.: 03- 07058 -CA -24 (Fla. 11t` Cir. Ct. 2003) ;
33 PROVIDING FOR DESIGNATION OF A SPECIAL HEARING OFFICER
34 TO HOLD THE PUBLIC HEARING ON BEHALF OF THE CITY
35 COMMISSION, AND PRESENT IT'S FINDINGS OF FACT,
36 CONCLUSIONS OF LAW, AND RECOMMENDATIONS TO THE
37 COMMISSION; PROVIDING AN EFFECTIVE DATE. 3/5
38 City Attorney)
39
40 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
41 approve this item.
42
43 Mr. Figueredo explained that this project, not because it
44 was controversial, but because the City is the landowner, the
45 City was a subject of a lawsuit and entered into a settlement
46 agreement. At recent Planning Board hearings, certain arguments
47 from a specific individual who opposes the project raised
48 potential issues of bias in contract zoning. A special hearing
49 officer would essentially serve to hold a public hearing, take
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evidence and make findings of fact and conclusions of law based
on specific criteria in the Land Development Code. He then will
present his findings at a subsequent Commission meeting.
Therefore, this Commission will still ultimately be the decider
of whether or not to grant the special exceptions. By having this
additional step we can overcome the presumption of bias.
Commissioner Beckman asked whether the special exceptions
are part of the settlement agreement.
Mr. Figueredo explained that the settlement agreement
contemplates constructing the building. The special exceptions
are a critical component of the settlement agreement. The
settlement agreement, he continued, specifically includes a
provision that contemplates special exceptions not being granted.
It was specifically crafted in a manner to state that special
exceptions are not crafted because the Commission still has to
apply objective criteria; the settlement agreement is irrelevant.
Moved by Commissioner Birts, seconded by Mayor Feliu, the
motion to extend the meeting passed 11:00 p.m. passed by a 4 -1
vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
With no further comments or discussion, the motion to
approve this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: ' Yea
Mayor Feliu: Yea
89 -06 -12230
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI APPROVING A FY 05/06 SMCRA BUDGET
TRANSFER IN THE AMOUNT OF $382,559 FROM ACCOUNT NUMBERS
610 - 1110 - 551 -99 -31 (MOBLEY BUILDING RENOVATION), 610-
1110- 551 -99 -33 (BUSINESS START -UP), 610 - 1110 - 552 -31 -20
(COMMERCIAL REHAB) , 610- 1110 - 553 -99 -30 (RESIDENTIAL
REHAB) AND 610 - 1110 - 559 -34 -50 (PART -TIME INTERN) TO
ACCOUNT NUMBER 610 -1110- 583 -61 -10 (LAND ACQUISITION)
FOR THE PURPOSE OF PURCHASING PROPERTIES LOCATED AT
6442 SW 59' PLACE, SOUTH MIAMI, FLORIDA BEARING FOLIO
NO.: 09- 4025 - 010 -0180 AND 6443 SW 60' AVENUE, SOUTH
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
16
1 MIAMI, FLORIDA BEARING FOLIO NO.: 09- 4025 - 010 -0050;
2 AND PROVIDING AN EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Moved by Commissioner Palmer, seconded by Vice Mayor
6 Wiscombe and Commissioner Birts to approve this item.
7
8 Mr. O'Donniley presented this item.
9
10 With no comments or discussion, the motion to approve this
11 item passed by a 5 -0 vote:
12
13 Commissioner Palmer: Yea
14 Commissioner Birts: Yea
15 Commissioner Beckman: Yea
16 Vice Mayor Wiscombe: Yea
17 Mayor Feliu: Yea
18
19
20 90 -06 -12231
21 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI AUTHORIZING THE SMCRA TO SEEK
23 COUNTY APPROVAL FOR AN EXTENSION OF THE LIFE OF THE
24 AGENCY FOR A TOTAL OF FIFTEEN YEARS; IN ADDITION TO
25 ASKING THE COUNTY TO PLEDGE A MATCHING PORTION OF THEIR
26 SHARE OF TAX INCREMENT FINANCING (TIF) REVENUES TO
27 PARTIALLY RETIRE A $2,000,000 FINANCE BOND REQUIRED TO
28 PURCHASE ALL REMAINING PROPERTIES TO IMPLEMENT THE
29 MADISON SQUARE PROJECT AND AUTHORIZING THE SMCRA TO
30 PLEDGE A MATCHING PORTION OF THE CITY'S SHARE OF TAX
31 INCREMENT FINANCING REVENUES TO RETIRE THE REMAINING
32 BALANCE OF THE $2,000,000 FINANCE BOND; AND PROVIDING
33 AN EFFECTIVE DATE. 3/5
34 (City Manager)
35
36 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts
37 to approve this item.
38
39 Mr. O'Donniley presented this item.
40
41 Mayor Feliu said that he and Ms. McKinley met recently with
42 County Commissioner Gimenez who is willing to help us out with
43 the extension.
44
45 Vice Mayor Wiscombe said that he has made a pledge to be
46 present at the hearing with Mr. McCants, Mr. O'Donniley and the
47 Manager to make sure that the Commission is represented.
48
49 Mr. O'Donniley said that the clear message from the County
REGULAR CITY COMMISSION 17
MINUTES - June 6, 2006
1 staff is that we should abide by the plan that we submitted. We
2 cannot at this point change our request for a longer extension.
3
4 Commissioner Beckman said that just because things happen in
5 the CRA district it does not mean that the CRA has anything to do
6 with them. About. the extension of the CRA he said that in the
7 past a lot of citizens have requested that the question be placed
8 on the ballot to see what the citizens really want. He said that
9 he would not commit the City to 15 years of giving up significant
10 revenue to a program without that being done.
11 With no further comments or discussion, the motion to
12 approve this item passed by a 4 -1 vote:
13
14 Commissioner Palmer: Yea
15 Commissioner Birts: Yea
16 Commissioner Beckman: Nay
17 Vice Mayor Wiscombe: Yea
18 Mayor Feliu: Yea
19
20 At this point the Mayor called for a 5- minute recess.
21
22 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
23 (NONE)
24
25
26 ORDINANCE (S) FIRST READING
27
28 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
30 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
31 MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A CS -OV,
32 COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS
33 7,8,27,28,29 AND 30 BLOCK A OF SUBDIVISION OF BLOCKS 3
34 & 4 OF THE TOWNSITE OF LARKINS LOCATED AT 5974 SW 66th
35 STREET AND 5977 SW 66' TERRACE OVER THE EXISTING RS -4
36 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THESE
37 PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
38 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
39 DATE. -34/5
40 (City Manager)
41
42 Moved by Commissioner Palmer, seconded by Vice Mayor
43 Wiscombe to approve this item.
44
45 Mr. O'Donniley presented the item.
46
47 Commissioner Beckman inquired about the fee and asked who
48 waived it. Mr. O'Donniley said that he did with consent from the
REGULAR CITY COMMISSION 18
MINUTES - June 6, 2006
1 Planning Board. Commissioner Beckman said he believes that
2 neither the Planning Board nor the Planning Director should be
3 authorized to waive fees. He said that fees should be uniformly
4 applied.
5
6 Mr. Figueredo said that between the first and second reading
7 he would research the issue of waiving fees.
8
9 Commissioner Beckman then referred to page 203 of the LDC,
10 saying that he does not think that the setbacks in lot coverage
11 are comparable with the neighborhood. Mr. O'Donniley pointed out
12 that there are numerous churches in this district that have the
13 same overlay applied to them. He said that the whole Community
14 Service Overlay District needs to be revisited and that
15 especially the dimensional requirements need to be changed. This
16 is not comparable with the neighborhood and it is actually
17 harmful to the neighborhood.
18
19 Commissioner Palmer asked whether a property built in 1944
20 or whatever year would be grandfathered in. Mr. O'Donniley said
21 yes, the property would be grandfathered in.
22
23 Mayor Feliu said that the Church has the right to put
24 together these properties; there are only six lots there, is a
25 very unique area and it has its own character. He said that he
26 welcomes the diversity and welcomes what the Church has to offer
27 and that he will support this.
28
29 Commissioner Palmer said that she is in favor of this
30 request; however, regarding the fees, she said that she does not
31 know what the standards are and she does not know who is
32 authorized to waive the fees. Therefore, she said that they need
33 to clarify this issue. She said that is not that she is against
34 it, but that she would like to have some clear standard.
35
36 Mr. O'Donniley said that as a general rule they would never
37 waive a fee for anybody but a non - for - profit organization and
38 that is the standard they applied.
39
40 Commissioner Birts asked whether the subject property is a
41 historic site. Mr. O'Donniley said that it has not been
42 designated yet but it is on the list.
43
44 With no further comments or discussion, the motion to
45 approve this item passed by a 4 -1 vote:
46
47 Commissioner Palmer: Yea
48 Commissioner Birts: Yea
49 Commissioner Beckman: Nay
50 Vice Mayor Wiscombe: Yea
51 Mayor Feliu: Yea
REGULAR CITY,COMMISSION 19
MINUTES - June 6, 2006
1
2 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, REPEALING CITY OF SOUTH
4 MIAMI ORDINANCE NO. 40 ENTITLED "AN ORDINANCE PROVIDING
5 FOR THE SEGREGATION OF THE WHITE AND COLORED CITIZENS
6 OF THE CITY OF SOUTH MIAMI, FLORIDA;" PROVIDING FOR
7 SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
8 DATE. 3/5
9 (Commissioner Birts)
10
11 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
12 approve this item.
13
14 Commissioner Birts said that ever since she heard this for
15 the first time she has given it a lot of thought; she then went
16 to look for the author's photograph on the wall to understand
17 this, and she did. She said that it seems that this set a pace
18 for the City and the pace is still going on. She said that it is
19 up to this Commission to stop it. She said that she is not
20 calling it racism, but something that it has been passed on. She
21 said that she heard someone say that South Miami has always been
22 like this. I can't accept that and we need to change it for our
23 children's sake, she said. She said that Mr. Williamson donated a
24 large property to the community and that should mean something;
25 they have been responsible citizens in that community.
26
27 Mayor Feliu said that he will be very proud to support
28 Commissioner Birts on this; he is happy to sit on a Commission
29 that is repealing this ordinance which is wrong and ugly and
30 which brings out the worst in us.
31
32 Commissioner Palmer said that she looked at the ordinance
33 and that she read the back up; however, Federal Law supersedes
34 any ordinance of this nature. She said that she believes that
35 this is a waste of time because the Federal Law and the Civil
36 Rights Movement took care of this a long time ago.
37
38 Mayor Feliu said that this is just a symbolic gesture and
39 that there is nothing wrong with repealing this.
40
41 Commissioner Palmer then said that even if they repeal it
42 tonight nothing will change in the morning and it will not mean
43 anything.
44
45 Vice Mayor Wiscombe said that yes, this is a symbolic
46 gesture and that it will not change anything, but when he sees
47 what is happening in Washington these days and what the President
48 wishes to pass in the Senate, do not kid yourselves, he said,
49 discrimination is very much alive. He said that he supports this
50 because any type of discrimination is wrong. He said that it is
REGULAR CITY COMMISSION 2 0
MINUTES - June 6, 2006
1 not a question of black or white; it is a question of hatred, and
2 hatred is not acceptable in any way, shape or form, and as long
3 as he is representing the people of this community he is not
4 going to accept it.
5
6 With no further comments or discussion, the motion to
7 approve this item passed by a 3 -1 vote:
8
9 Commissioner Palmer: Nay
10 Commissioner Birts: Yea
11 Commissioner Beckman: Absent
12 Vice Mayor Wiscombe: Yea
13 Mayor Feliu: Yea
14
15
16 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA RELATING TO ETHICS,
18 AMENDING CHAPTER 8A OF THE CODE OF ORDINANCES OF THE
19 CITY OF SOUTH MIAMI, ENTITLED "CODE OF ETHICS ";
20 PROVIDING FOR THE DEFENSE OF ELECTED OFFICIALS;
21 DEFINITIONS; PROVISIONS FOR DEFENSE OF ELECTED
22 OFFICIALS; REQUEST PROCESS AND APPROVAL OF DEFENSE;
23 AUTHORIZATION; RESERVATION OF RIGHTS AND IMMUNITIES;
24 APPLICABILITY; PROVISIONS WHEN COMPLAINT OR ALLEGATIONS
25 ARE FOUND TO BE MALICIOUS, FRIVOLOUS OR GROUNDLESS;
26 PROVIDING FOR REPEAL, SEVERABILITY; PROVIDING FOR
27 INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
28 DATE. 3/5
29 (Mayor Feliu)
30
31 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
32 approve this item.
33
34 Mayor Feliu said that he sponsored this ordinance because he
35 read about it being passed in Key Biscayne, and later North Bay
36 Village adopted a similar ordinance. He said that elected
37 officials sometimes are targeted by individuals that may be
38 unhappy with the results of an election. He said that to
39 encourage more people to come forward and serve, it is important
40 that there is some type of defense in place for the elected
41 officials.
42
43 With no further comments or discussion, the motion to
44 approve this item to be heard on second reading on July 18, 2006,
45 passed by a 4 -0 vote:
46
47 Commissioner Palmer: Yea
48 Commissioner Birts: Yea
49 Commissioner Beckman: Absent
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
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Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
All Commissioners present were afforded time for making
remarks.
There being no further business to come before this Body,
the meeting adjourned at 12:18 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - June 6, 2006
22
Approved
Horace G. Feliu
Mayor
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I al
City of South Miami
Regular City Commission Minutes
June 13, 2006
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, June 13, 2006, beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe and
Commissioners Velma Palmer, Marie Birts and Jay Beckman.
Also in attendance were: City Attorney Luis Figueredo, City
Clerk Maria M. Menendez and Acting City Manager Yvonne Soler -
McKinley.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of May 16, 2006
Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the
motion to approve the minutes of May 16, 2006 as amended on page
3, line 16, to strike the word "misinformed" and substitute with
the word malicious, passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - June 13, 2006
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe:- Yea
Mayor Feliu: Yea
1
1 2. City Manager's Report:
2
3 An attorney- client session was scheduled for Thursday, June
4 15, 2006 at 6:00 p.m.
5
6 To respond to Commissioner Palmer's inquiry, Ms. McKinley
7 said that the department directors have been working on the
8 budget for about 6 -8 weeks now, and packages have been sent to
9 all Budget and Finance Committee members. Ms. McKinley clarified
10 that Adriana is working on the budget, not former Finance
11 Director Hakeem Oshikoya. Commissioner Palmer then referred to
12 the running water over the sidewalk by Larkins Hospital which she
13 had previously reported. Ms. McKinley said that she will look
14 into it again to see whether there is a broken sprinkler.
15
16 Vice Mayor Wiscombe referred to the report he provided the
17 Commission and the Manager with concerns regarding the
18 maintenance of the parks; he said that some are serious, some are
19 safety issues, and some are staff issues that need to be
20 addressed. He said that we also need to look at the "Y "; the
21 signage there mentions nothing about City ownership. Whatever the
22 rights are that we need to claim for usage of the Park, we need
23 to start doing that; we also need to look into the maintenance of
24 the Park. He also referred to issues with Murray Park which need
25 to be taken care of.
26
27 With no further comments or discussion, the City Manager's
28 Report concluded.
29
30 3. City Attorney's Report:
31 (NONE)
32
33 Mayor Feliu referred to the city manager selection process,
34 which as he explained, the whole process was duly advertised and
35 open to the public, and asked the City Attorney if he had the
36 opportunity to check with the Ethics Commission to see if there
37 had been any lack of openness on our part.
38
39 Mr. Figueredo said that he just checked with the Ethics
40 Commission to confirm what his opinion already was. The meeting
41 was duly advertised, the interview process was conducted in a
42 public forum; therefore there is no violation. He explained that
43 the only binding action that this Commission is going to take on
44 the matter will take place this evening by voting on resolution
45 no. 16 on the agenda. He said that there was nothing in
46 Saturday's process that is tainted or that violates the Sunshine
47 Act. Based on my opinion and confirmed by the Ethics Commission
48 everything was done in accordance with Government in the
49 Sunshine, so there is no violation, Mr. Figueredo concluded.
50
REGULAR CITY COMMISSION 2
MINUTES - June 13, 2006
1 Commissioner Beckman referred to the voting process for the
2 selection of city manager that was done on Saturday, asking the
3 City Attorney how the ranking sheets were opened and who was
4 present.
5
6 The City Clerk explained that the ranking sheets were opened
7 in the City Commission Chambers in front of two witnesses and
8 that the whole procedure was audio taped. In addition, Mayor
9 Feliu and Vice Mayor Wiscombe were in the building at the time
10 and walked in the Chambers during the opening process.
11
12 Vice Mayor Wiscombe explained that he happened to be here in
13 the office working and that he walked into the Chambers by his
14 own free will. He said that he had no interaction whatsoever with
15 the process.
16
17 Commissioner Beckman said that the opening of the ranking
18 sheets should have been done in the public. He said that he does
19 not consider this government in the Sunshine. He feels that his
20 rights have been violated as a Commissioner.
21
22 Mr. Figueredo said that he disagrees because this is a non -
23 binding ranking; and because it is non - binding, government in the
24 Sunshine has not been violated because the actual vote that will
25 appoint a new city manager will occur this evening in this public
26 forum; therefore, that is merely a ranking. The ranking was also
27 done in a public forum. The reason why the way in which the
28 ranking sheets were opened does not violate the process is
29 because the vote takes place this evening.
30
31 Mayor Feliu said that he walked in the Chambers to see what
32 the results were, after they were opened.
33
34 Vice Mayor Wiscombe said that just for further
35 clarification, the HR Director asked the Commission to do those
36 tally sheets before they left on Saturday but that Commissioner
37 Beckman asked if he could return them on Monday. The Vice Mayor
38 said that he turned in his first thing on Monday and that he did
39 not have any interaction with staff until the "time they were
40 opened.
41
42 Commissioner Palmer said that item no. 16 seems to be very
43 important and that she wanted to hear everybody's story about
44 Saturday.
45
46 Moved by Commissioner Palmer, seconded by Mayor Feliu, the
47 motion to move item no. 16 on the agenda (now no. 4) to the front
48 of the agenda passed by a 5 -0 vote:
49
50 Commissioner Palmer: Yea
51 Commissioner Birts: Yea
REGULAR CITY COMMISSION 3
MINUTES - June 13, 2006
1 Commissioner Beckman: Yea
2 Vice Mayor Wiscombe: Yea
3 Mayor Feliu: Yea
4
5
6 PUBLIC REMARKS
7
8 Christopher- Cooke - Yarborough said that he has a master's
9 degree in architecture which took him a lot of years to get, and
10 that he has a license since 1982. However, in spite of his
11 degree, he would not be qualified to run the parks or the finance
12 department. He said that the selection of the city manager is
13 about what is best for the City and the citizens of South Miami,
14 and who has the best qualifications.
15
16 Shirley Huebner spoke about item no. 18 on the agenda,
17 urging the Commission to wait until the Parking Committee is re-
18 established to consider this item. She then asked the Commission
19 to consider changing the Parking Committee to a board.
20
21 Shawnte Wells thanked the Police Department for taking care
22 of the noise problem she reported at the previous meeting. She
23 then urged the Commission to put the After - School Program the way
24 it was.
25
26 Beth Schwartz spoke about the city manager's selection,
27 enumerating various reasons for not selecting the acting city
28 manager for the permanent position.
29
30 Mayor Feliu said that he has found that recycled managers
31 have been more of a problem than anything else. That is why, he
32 said, he was looking outside of the box for a better City of
33 South Miami and that he has found one.
34
35 Sharon McCain spoke in response to some of the statements
36 given by a previous speaker. She then urged everybody to attend
37 the upcoming tree workshop. She also said that she has a problem
38 with item no. 18 on the agenda, urging the Commission to defer
39 it.
40
41 Simon Codrington referred. to item no. 14 on the agenda,
42 saying that the item puts bad history behind us.
43
44 With no further speakers, the public remarks section was
45 closed.
46
47
48
REGULAR CITY COMMISSION 4
MINUTES - June 13, 2006
1 RESOLUTION (S)
2
3 91 -06 -12232
4 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER
6 SEARCH; APPOINTING YVONNE SOLER- MCKINLEY; AS THE CITY
7 MANAGER FOR A TERM PROVIDED IN EMPLOYMENT AGREEMENT,
8 PROVIDING FOR AN EFFECTIVE DATE. 3/5
9 (Mayor Feliu)
10
11 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
12 approve this item.
13
14 Mayor Feliu thanked the City Manager Selection Committee for
15 all their efforts. He said that he prefers quality as opposed to
16 quantity. He referred to a previous comment by a speaker about
17 the difference in the amount of candidates submitting
18 applications, and said that this must be as the result of raising
19 the bar to make sure that the minimum requirement was that the
20 candidate had a master's degree. He then said that he wished to
21 amend the resolution to bring in Yvonne McKinley as our City
22 Manager.
23
24 Commissioner Beckman said that he could not support this
25 nomination because the candidate is not qualified, as opposed to
26 the other three candidates that were interviewed on Saturday who
27 had the necessary experience to do this job.
28
29 Commissioner Palmer said that looking at the whole process,
30 the bottom line is that we were not looking for anybody. She said
31 that she met some good, experienced candidates during the
32 Saturday's interviews. She said that Ms. McKinley is nice and
33 friendly but that she is the least qualified among the pool. She
34 said that .our advertisement was incorrect because we had no
35 business putting something out that we were not going to honor.
36
37 Commissioner Birts said that the process was fair, and that
38 they made their choices. She said that it is true that the rules
39 changed during the process; however, everybody had the
40 opportunity to vote on the resolution she brought forward to
41 allow Ms. McKinley to apply for the permanent position, and I'm
42 only one vote, she added. She said that there is a first for
43 everything, and Yvonne is going to be the first because we all
44 have to start somewhere and she deserves a first time.
45
46 Vice Mayor Wiscombe said that he looked at all the
47 candidates openly and evenly; he said that he is the one that
48 asked for the master's degree because it was the proper thing to
49 do. He feels that he has an obligation, he has the right to a
REGULAR CITY COMMISSION
MINUTES - June 13, 2006
5
1 selection, and that he was selected by the people of this City to
2 select the city manager that he thinks that will best serve the
3 City. He does not want the employees to be ruled by fear of
4 retaliation and that has been going on for several years.
5
6 Mayor Feliu said that Ms. McKinley, as an interim, also had
7 the opportunity to fail miserably because all eyes were on her.
8 On the other hand, he continued, all the other candidates had an
9 advantage because they could hide behind the papers and the fancy
10 resumes, while Ms. McKinley did not have that opportunity because
11 she had to serve the City. He also said that there were no
12 complaints from anybody as to` whether or not Ms. McKinley did not
13 do the job during the last several months.
14
15 With no further comments or discussion, the motion to
16 approve this item passed by a 3 -2 vote:
17
18 Commissioner Palmer: Nay
19 Commissioner Birts: Yea
20 Commissioner Beckman: Nay
21 Vice Mayor Wiscombe: Yea
22 Mayor Feliu: Yea
23
24
25 CONSENT
26
27 92 -06 -12233
28 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
30 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
31 FIGUEREDO, P.A. IN THE AMOUNT OF $25,421.66; CHARGING
32 $25,421.66 TO ACCOUNT NO. 001- 1500 - 514 -3410, LEGAL
33 SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5
34 (City Attorney)
35
36 93 -06 -12234
37 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
39 MANAGER TO EXECUTE AGREEMENT WITH TJ PAVEMENT CORP. FOR
40 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE III CONSTRUCTION
41 IN AN AMOUNT OF $197,001.50 TO BE CHARGED TO SOUTH
42 FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS
43 106 -1712- 536 -6437; PROVIDING FOR AN EFFECTIVE DATE. 3/5
44 (City Manager)
45
46 94 -06 -12235
47 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
48 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
REGULAR CITY COMMISSION 6
MINUTES - June 13, 2006
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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
(City Manager)
95 -06 -12236
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 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. 3/5
(City Manager)
96 -06 -12237
9. 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
(City Manager)
97 -06 -12238
10. 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
(Mayor Feliu)
98 -06 -12239
11. 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 121 2008; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
99 -06 -12240
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
REGULAR CITY COMMISSION
MINUTES - June 13, 2006
7
1 COMMITTEES; RE- APPOINTING ALBERT S. ELIAS TO SERVE ON
2 THE PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008;
3 AND PROVIDING AN EFFECTIVE DATE. 3/5
4 (Mayor Feliu)
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6 100 -06 -12241
7 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
9 COMMITTEES; APPOINTING OSCAR RIVERO TO SERVE ON THE
10 PARKING COMMITTEE FOR A TERM ENDING JUNE 12, 2008; AND
11 PROVIDING AN EFFECTIVE DATE. 3/5
12 (Mayor Feliu)
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14 Moved by Vice Mayor Wiscombe, seconded by Commissioner
15 Birts, the motion to approve the Consent Agenda passed by a 5 -0
16 vote:
17
18 Commissioner Palmer: Yea
19 Commissioner Birts: Yea
20 Commissioner Beckman: Yea
21 Vice Mayor Wiscombe: Yea
22 Mayor Feliu: Yea
23
24
25 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
26
27 14 -06 -1882
28 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
30 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
31 MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A CS -OV,
32 COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS
33 7,8,27,28,29 AND 30 BLOCK A OF SUBDIVISION OF BLOCKS 3
34 & 4 OF THE TOWNSITE OF LARKINS LOCATED AT 5974 SW 66t�h
35 STREET, 5977 SW 66th TERRACE OVER THE EXISTING RS -4
36 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THIS
37 PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
38 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
39 DATE. 3/5
40 (City Manager)
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42 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
43 Commissioner Birts to approve this item.
44
45 Mr. O'Donniley presented this item.
46
47 Vice Mayor Wiscombe said that at the last meeting they
REGULAR CITY COMMISSION
MINUTES - June 13, 2006
i
1 requested information regarding the fee, and that there was some
2 conflict as to whom or how the fee was waived and asked for
3 clarification. He said that in the past, the practice has been
4 that the Planning Director can make a recommendation to the
5 Manager or the City Commission in order to waive the fees.
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7 Commissioner Beckman said that there should be consistent
8 criteria for waiving fees because there has to be an element of
9 fairness.
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11 Mr. O'Donniley said that essentially all applicant pay fees.
12 The only instance in which fees have been waived in the City are
13 two; one is where there is a 501C3 (a legally recognized
14 federally exempt non - for - profit organization), and the second
15 would be where we have dealt with low, moderate income housing
16 which have traditionally been waived by the Manager's office.
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18 Mr. Figueredo said that the Land Development Code (LDC)
19 specifically provides that the City Commission has the authority
20 to grant a variance of any regulation in the LDC, and that would
21 include waiving fees.
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23 Mr. O'Donniley said that the fees are established in the
24 Code of Ordinances.
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26 Commissioner Beckman said that if it is in the Code of
27 Ordinances and if it does not specifically says that someone else
28 has the ability to waive that fee, and that only City Commission
29 can waive that fee, then we need to have a consistent policy on
30 this issue.
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32 Vice Mayor Wiscombe said to concur with Commissioner
33 Beckman.
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35 Mr. Figueredo said that the Commission had the authority to
36 make the decision this evening to waive the fee.
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38 At this time the Mayor opened the public hearing.
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40 Simon Codrington Jr. said that he knows for a fact that it
41 has been the policy of this City to waive fees for non - profit
42 organizations.
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44 Sharon McCain said that she hopes that we do not waive any
45 fees for the Hospital.
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47 Reverend Graham said that this is the first time that she
48 comes to the Commission for anything. She said that she had no
49 idea as to what the cost of the application would be and that
50 $4,000 is too much for her Church to pay. She said that if the
51 fee cannot be waived, then she will drop the application until
REGULAR CITY COMMISSION 9
MINUTES - June 13, 2006
1 they can raise the funds and make it possible. However, she urged
2 the Commission to waive it so that they can do the job and move
3 on.
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5 Shawntee Wells said that she is very disturbed by what she
6 is hearing. She said that she also has a non - profit and has been
7 the beneficiary of fees being waived. She then urged the
8 Commission not to penalize this particular institution for
9 something that it is not the applicant's fault.
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11 Mr. Figueredo then referred to the ordinance saying that the
12 package does include a request for a fee waiver which is part of
13 the application. Therefore, in his opinion, granting a fee waiver
14 this evening will not require a third reading of the ordinance.
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16 Frank Cuzzocrea Jr. urged the Commission to take the City
17 Attorney's interpretation because the applicant has simply
18 followed the directions of the City. He then urged the Commission
19 to take care of any necessary correction to the Code in the near
20 future.
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22 With no further speakers the public hearing was closed.
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24 Commissioner Palmer said that she believes that there is a
25 misunderstanding on the whole situation. She said that the
26 question is who gave the Planning Director directions for waiving
27 the fee.
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29 Commissioner Beckman said that the whole issue of fees has
30 to do with procedure, and procedure is very important. With
31 regard to the zone change, that has to do with dimensional
32 requirements, and with this overlay district he thinks that
33 dimensional requirements are flawed. If they were corrected, he
34 said that he would not have a problem voting yes for this.
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36 Vice Mayor Wiscombe said that he agrees that we need
37 criteria but at the same time he does not think that they should
38' hold this ordinance hostage because of the criteria. It is not
39 the applicant's fault. He then said that he hopes that when the
40 design comes, that it is not a plain parking lot, but that there
41 is landscaping, that there are trees, and that there are things
42 that will enhance the community.
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44 Mayor Feliu said that every area of our City is unique; the
45 Church has a unique feeling, a unique setting and should not be
46 part of any cookie cutter that is seen elsewhere.
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48 With no further comments or discussion, the motion to
49 approve this item passed by a 4 -1 vote:
50
51 Commissioner Palmer: Yea
REGULAR CITY COMMISSION
MINUTES - June 13, 2006
10
1
Commissioner Birts:
Yea
2
Commissioner Beckman:
Nay
3
Vice Mayor Wiscombe:
Yea
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Mayor Feliu:
Yea
5
DEVELOPMENT CODE
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GENERAL RESTAURANT
40
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15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
8
CITY OF SOUTH MIAMI, FLORIDA, REPEALING CITY OF SOUTH
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MIAMI ORDINANCE NO. 40 ENTITLED "AN ORDINANCE
PROVIDING
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FOR THE SEGREGATION OF THE WHITE AND COLORED CITIZENS
11
OF THE CITY OF SOUTH MIAMI, FLORIDA;" PROVIDING FOR
12
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE
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DATE.
3/5
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(Commissioner Birts)
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Moved by Commissioner Palmer seconded by Vice
Mayor Wiscombe
17
to approve this item.
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Commissioner Birts said that she would like
to defer this
20
item tonight.
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Moved by Commissioner Birts, seconded by Commissioner
23
Palmer, the motion to defer this item passed by a
5 -0 vote:
24
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Commissioner Palmer:
Yea
26
Commissioner Birts:
Yea
27
Commissioner Beckman:
Yea
28
Vice Mayor Wiscombe:
Yea
29
Mayor Feliu:
Yea
30
31
At this time the Mayor called for a 5- minute
recess.
32
33 RESOLUTION (S) /PUBLIC HEARING (S)
34
35
101 -06 -12242
36
16. A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE
37
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
38
SECTION 20-3.4(B) (4) (b) OF THE LAND
DEVELOPMENT CODE
39
FOR SPECIAL USE APPROVAL TO ALLOW A
GENERAL RESTAURANT
40
AS PART OF MACABI CIGARS LOCATED AT
5861 SUNSET DRIVE
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IN THE "SR (HD -OV)" SPECIALTY RETAIL
HOMETOWN DISTRICT
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OVERLAY ZONING DISTRICT; PROVIDING
FOR AN EFFECTIVE
43
DATE.
4/5
44
(City Manager)
45
46
Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to
47
approve this item.
48
49
Mr. O'Donniley presented this item.
REGULAR CITY COMMISSION 1 1
MINUTES - June 13, 2006
1 Commissioner Beckman said that he wished to know
2 specifically where they are leasing spaces and whether they have
3 a contract on file that meets the requirements of our Code. He
4 also asked whether it would be wise, for all special use permits
5 in the district to add on that they will not engage in adult
6 entertainment.
7
8 Mr. O'Donniley said that he would recommend treating it on a
9 case -by -case basis where we will have a better legal chance of
10 upholding our position.
11
12 Mr. Figueredo concurred with the Planning Director. By
13 treating it on a case -by -case basis, a condition for granting the
14 special exception would have that provision in it and then there
15 would a basis for imposing that; then it would be site specific.
16 It would not preclude the applicant from doing adult
17 entertainment if that is theoretically permitted in the zone; it
18 would just mean that they could not have a restaurant and do it.
19 This should be done before the fact because if done after the
20 fact it could be subject to greater challenges.
21
22 Commissioner Palmer asked if there is a contract relating to
23 parking, whether it should be part of this ordinance.
24
25 Mr. O' Donniley said that this is not a new application for
26 valet parking, in which case they would had asked for those
27 contracts.
28
29 Mayor Feliu asked whether they could move this with the
30 condition that the contract be submitted.
31
32 Mr. Figueredo said that they can always do that because all
33 they are asking the applicant to do is to furnish proof that he
34 has the contract, and that can be a condition for granting the
35 CO.
36
37 The applicant addressed the Commission at this time. He said
38 that presently they have spaces for parking approximately 18
39 cars, adding that they have never had a problem or any issues
40 with the City. He said that they have an agreement with the Bank
41 for using their parking lot at night since the Bank closes at
42 4:00 o'clock.
43
44 Commissioner Beckman said that in order to do valet parking
45 and get a 50- percent reduction of onsite parking spaces, the
46 applicant has to produce a contract specifying dedicated valet
47 parking spaces for his establishment. He said that this is the
48 piece of information that he does not have in front of him.
49
50 The applicant explained that they have a lease from the Bank
51 allowing them to use the parking spaces when the Bank is closed.
REGULAR CITY COMMISSION 12
MINUTES - June 13, 2006
1
2 Mayor Feliu said that there have not been any complaints
3 from anybody in the area neither about the use of parking nor
4 about overflow parking.
5
6 Commissioner Palmer said that she thinks that if they have a
7 lease which specifies as to what they are entitled, then there is
8 no need to get a contract.
9
10 Mr. O'Donniley asked clarification from the City Attorney as
11 to whether the lease should provide that the use of parking
12 spaces is exclusive at night for the required number of valet
13 spaces. He said that he did not document this because he presumes
14 that his predecessors did their job.
15
16 Mr. Figueredo said that he would treat the applicant's
17 letter essentially as a rider to the lease.
18
19 At this time the public hearing was opened.
20
21 Sharon McCain said that she wanted to know where the
22 dumpster is going to be located. She also asked whether Al Menara
23 is using the same valet parking spaces.
24
25 Commissioner Beckman then said that he would like to have
26 the resolution amended with regard to the valet parking issue.
27
28 Moved by Commissioner Beckman, seconded by Mayor Feliu, to
29 amend the resolution to provide that prior to the issuance of a
30 building permit the applicant shall submit to the City a lease
31 agreement or other document acceptable to the City Attorney which
32 specifies that the property owner will designate specific off -
33 street parking spaces to be available for use by the applicant
34 for the storage of valet parked vehicles. The motion to approve
35 the resolution as amended passed by a 5 -0 vote:
36
37 Commissioner Palmer: Yea
38 Commissioner Birts: Yea
39 Commissioner Beckman: Yea
40 Vice Mayor Wiscombe: Yea
41 Mayor Feliu: Yea
42
43
44 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
45 (NONE)
46
47
48
49 ORDINANCE (S) FIRST READING
REGULAR CITY COMMISSION 13
MINUTES - June 13, 2006
1
2 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN
4 INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR FEMA-°
5 FUNDED STORMWATER DRAINAGE PROJECT (LUDLAM GLADES CANAL
6 DREDGING); PROVIDING FOR SEVERABILITY; ORDINANCES IN
7 CONFLICT; AND AN EFFECTIVE DATE. 3/5
8 (City Manager)
9
10 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
1.1 approve this item.
12
13 Mr. Balogun presented this item.
14
15 Vice Mayor Wiscombe said that he had just heard in the news
16 about CDBG grants funds available to municipalities to be used
17 for hurricane clean up, and he asked Mr. Balogun to follow up on
18 that
19
20 Commissioner Beckman said that the canal was dredged between
21 2000 -02, and asked as to whether it had been dredged priDr to
22 that time. Mr. Balogun said that as far as he recalls it has not
23 been dredged in the past decade or maybe longer.
24
25 With no further comments or discussion, the motion to
26 approve this item passed by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Commissioner Birts: Yea
30 Commissioner Beckman: Yea
31 Vice Mayor Wiscombe: Yea
32 Mayor Feliu: Yea
33
34
35 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
37 DEVELOPMENT CODE; MODIFYING AND SUSPENDING FOR A PERIOD
38 OF NINE MONTHS CERTAIN PROVISIONS OF SECTIONS 20 -4.4 (G4)
39 (H) , 20 -7.6 (B) (C) AND 20 -8.10 THAT ALLOW FOR THE
40 REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING
41 THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK
42 FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD
43 PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES
44 AND TO PREPARE AND ADOPT NECESSARY AMENDMENTS; PROVIDING
45 THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL
46 NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD;
47 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, A].iD
48 PROVIDING AN EFFECTIVE DATE. 3/5
49 (City Manager)
REGULAR CITY COMMISSION 14
MINUTES - June 13, 2006
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Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
Mr. O'Donniley pointed out that we would need to read the
title again because there is a substitute ordinance in the picket
and the language in the title is different from the one shown on
the agenda. He said that staff did not add anything, just
clarified the language in the title.
Vice Mayor Wiscombe said that as he has said before, he
wants to have an opportunity to review an item before voting on
it.
Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the
motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
All Commissioners were afforded time for making remarks.
There being no further business to come before this Body,
the meeting adjourned at 11:03 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - June 13, 2006
15
Approved
Horace G. Feliu
Mayor
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING CLAIRE S.
GREENWALD TO SERVE ON THE COMMISSION FOR SENIOR
CITIZENS FOR A TWO YEAR TERM ENDING JULY 17, 2008;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Claire S.
Greenwald to serve for a two year term on the Commission for Senior
Citizens. Appointments shall expire July 17, 2008 or until a successor
is duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Claixe S.
Greenwald to the Commission for Senior Citizens.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006.
ATTEST:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
*4
k �i�s :� s..V # T.znr�iX'�' _".5i!� - ' ` rs�t.� , , ::::e` ":. . • -, � "'t. -..-._ ._�tE: .,. . _ ...
.:.iii. °F.s",�ii� :'c•'.s -e +.. -r,, �'p, .
Y7 � ..` - � � :. +§'a ��r'b _ �. -zT a� aYt-- "3a".+?�� �x-'as�` -..�;` '.c�� cam*, -;' - i.. '•i > _r
.ice - sti..t .._s:� --� H'�e-F' -• �-� { - i.- •.�,. —.. .• -t..s4 r�.;
CITY OF SOUT1t1IAMI BDARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305,663 -6340
South Miam4 *FL 33143 Fax No. 305-663-634o-
1. Name: z�'--
(Please printL
2. Home Address:. _
3. Business Address:
4. Home Phone No. 0 X-7 � Business Phone No.
5. Educati on Background: _
i;�f i CI- sC_hooL
9
8.
9.
10.
11.
Community Service:
Are you a registered voter? Yes No
Are -you. a resident of the City? Yes No
Do you have a business in the City? Yes No
Ethnic Origin?
Anglo American y African American Hispanic, Aerican
_
m_ Other
Signature DateC'.. g
Applicant L - --
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 212000
u_�4-
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING RUSSELL F.
NANSEN TO SERVE ON THE COMMISSION FOR SENIOR
CITIZENS FOR A TWO YEAR TERM ENDING JULY 17, 2008;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Russell F.
Nansen to serve for a two year term on the Commission for Senior
Citizens. Appointments shall expire July 17, 2008 or until a successor
is duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Russell F.
Nansen to the Commission for Senior Citizens.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18t' DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
5
2001
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
6130 Sunset Drive - South Miami Commission Phone No. 305-663-6340
SouthMami, FL 33143 for Senior Citizens Fax No. 305- 663 -6348
1. Name: Russell F. Nansen
(Please print)
2. Home Address: .
3. Business Address: Same-as above
4. Home Phone No. Business Phone No.
Fax No.
5. Ismail Address: None
6.
7.
A
9.
10.
Education Background:
R ^14^ R17G I nPRR Administration - Roo welt University Chicago
Travel Consultants, Wellesley, Mass. 1986
Community Service;
Volunteer patient counselor for Catholic Hospice, Miami,
for about 5 years.
Vnlunteer active Docent for the Lowe Art Museum, University
of Miami for about 2 years.
Are you a registered voter? Yes `w'' No
Are you a resident of the City? Yes �f No
Do you have a business in the City?
Yes No
11. Ethnic Origin?
White Nan - Hispanic African American _ Hispanic American Other
SignaturL ' __ _ Date
App ica t
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 9101
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RMUMIn /i`f�CIa
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING WALTER HARRIS
TO SERVE ON THE COMMISSION FOR SENIOR CITIZENS FOR
A TWO YEAR TERM ENDING JULY 17, 2008; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Walter Harris
to serve for a two year term on the Commission for Senior Citizens.
Appointments shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Walter Harris
to the Commission for Senior Citizens.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
no
#� Je
'.YLLLl! lYi li 1111
F I 0 r i d e
2001
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
6130 Sunset Drive
South Miami, FL 33143
Phone No. 305- 663 -6340
Fax No. 305- 663 -6348
1.
Name: IM- 0,
k
'Plpnge print)
2.
Home Address:
3. -
Business Address:
-
4.
Home Phone No. — `-
Business Phone No_
Fax No.
5.
E -mail Address: fk( 0 ;1 u4- eel � -
-r
6.
Education Background:
CL-.6
7.
Community Service:
8.
Are you a registered voter?
Yes `'' No
9.
Are you a resident of the City?
Yes No
10.
Do you have a business in the City?
Yes No
11. Ethnic Origin?
White Non- Hispanic, African American _ Hispanic American_ Other
Signature : _ Date 7i
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 9101
— �� -��.m. �„ m�anoi�mmrnm��mlm�rnmm�mmu�y�h�q�ma
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING DOREEN SCANLON
TO SERVE ON THE COMMISSION FOR SENIOR CITIZENS FOR
A TWO YEAR TERM ENDING JULY 17, 2008; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Doreen Scanlon
to serve for a two year term on the Commission for Senior Citizens.
Appointments shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Doreen Scanlon
to the Commission for Senior Citizens.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
7
)VULIK ♦VIlatUlt
o r I d
#*"add*
2001
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
6130 Sunset Drive
South Miami, FL 33143
Phone No. 305-663-6340
Fax No. 305-663-6348
1.
Name:
T'-_QQP nrint)
2.
Home Address:
3.
Business Address:
4.
Home Phone No.
Business Phone No.
Fax No.
5.
E-mail Address:
6.
Education Background:
L
7.
Community Service:
8.
Are you a registered voter?
Yes k No
9.
Are you a resident of the City?
Yes No
10.
Do you have a business in the City?
Yes No Y
11.
Ethnic Origin?
White Non-Hispanic African American
Hispanic American Other L iv` L/
Signature r Date Yl
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 9101
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING HELEN MASSEY
TO SERVE ON THE COMMISSION FOR SENIOR CITIZENS FOR
A TWO YEAR TERM ENDING JULY 17, 2008; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Helen Massey
to serve for a two year term on the Commission for Senior Citizens.
Appointments shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Helen Massey to
the Commission for Senior Citizens.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
S
y.
0 6 2004 :..
:r�s:cr'xsb
1001
CITY CLERK'S OFFICE
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. _ 305 -663 -6348
1. Name:
(Please v nt)
2. Home Address: -
3. Business Address:
4. Home Phone Nc Business Phone No. /Y��
Fax No.
5. E -mail Addres._
6. Education Background:��
7.
8. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes _.L,,- No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
White Non - Hispanic African American Hispanic American Other
12. I am interested in serving on the following board(s) /committee(s):
y2 C', Ti 2 a,;vj
First choice Second choice
Third choice Fourth choice
Signature _ Date
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8/02
rr i me�mi nl r�
r
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING LARRY A.
LIGAMMARE TO SERVE ON THE COMMUNITY RELATIONS BOARD
FOR A TWO YEAR TERM ENDING JULY 17, 2008; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Larry A.
Ligammare to serve for a two year term on the Community Relations
Board. Appointment shall expire July 17, 2008 or until a successor is
duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Larry A.
Ligammare to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
DAY OF , 2006
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
CITY OFSOUTII MIAMI BOARDICOMMITTEE'APPEICATI INT
6130 Sunset .Drive -'hone No. 305 - 663.6340
South Miand, FL 331W3 FarNo. 305- 663 -6348
1. Warne: rC A- a 1 -4N
. (Please print),
Z, Horne Address:
3, Business-Address:
4. Home Phone No. Business Phone No,
c
6.
s. Are you a registered voter ?. Yes ✓ No
9. Are you a resident of the City? Yes V No
10. Do you have a business in the City? Yes No y'
11. Ethnic. Ori&?
An do American ✓ African American Hispanic American Other
Signature - Date
THIS APPLICATIOti WILL REMAW ON FILE FOR ONE YEAR
Rejued 1!Z000 —
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING ANITA J.
JENKINS TO SERVE ON THE COMMUNITY RELATIONS BOARD
FOR A TWO YEAR TERM ENDING JULY 17, 2008; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Anita J.
Jenkins to serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Anita J.
Jenkins to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
;Cox ' CEIVE
: - :'...::: I-W 18 2004
s -b-Y
CLERK'S OFFICE
CITY OF SOUTH MIAMI BOARDICOMM17 TEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Mi=4 FL 33143 Fax No. 305 -663 -6348 AVITA
1. Name:
Maaca nrint)
2. Home Address: _
3. Business Address:
4. Home Phone No. Business Phone No. _
Fax No.
5. E-mail Address:
51
7.
S.
Are you a registered voter? Yes )C _ No
9. Are you a resident of the City? Yes �_ No
10. Do you have a business in the City? Yes No X
11. Ethnic Origin?
White Non - Hispanic African American_ Hispanic American -other
12. I am interested in serving on the foRowing board(s)lcommittee(s):
6c f. A r�G.&&-,e
Signature Date oT�! /�� lz4L1—z
Applicant „
THIS APPLICATION WILL RFMAlN ON FILE FOR ONE YEAR
Revised smi
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING JOYCE M. PRICE
TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR TERM ENDING JULY 17, 2008; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Joyce M. Price
to serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Joyce M. Price
to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
AVLLLU L.rttaaua
F l o r i d a
..... C-
. a
201
C/TY+OF SOUTH MIAMI BOARD/COMMITTEE.APPLICATIOM
6130 Sunset Drive Phone lvo. 3UJ- bbJ -b34U
South Miami, FL 33143 Fax No. 305 -663 -6348
1. Name: LG l CS2 J
2. Home Address:
3. Business Address:
4. Home Phone No.' Business Phone No.
Fear No.
5. E-mail Address:
6.
7.
8. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes No y�
11. Ethnic Origin?
White Non-Hispanic _ African American e Hispanic American Other
12. 1 am interested in serving on the following board(sycommittee(s):
First choke second choice
,yvrd choice Fourth choice
Signature Dated
Vplicant
TMS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
revised 8/02
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING MARK A. HEBERT
TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR TERM ENDING JULY 17, 2008; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Mark A. Hebert
to serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Mark A. Hebert
to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
ld***
Apr 27 01 11:56a Estella Rrias 305- 460 -5050 F,,1
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6310
South Miami, FL 33143 Fax No. 305 -663 -6348
1.
Name: /" t
e
FPlease nrint)
2.
Home Address:
3.
Business Address:
4.
Home Phone No.
Business Phone Nc,. — ,
5.
Education Background:
- -zr-
6.
Community ServicCw
v`-,- C. u JN
S.
Are you a registered voter?
Yes x
No
9.
Are you a resident of the City?
Yes Y
No
10.
Do you have a business'in the City?
Yes
No V
11.
Ethnic Origin?
,Alk American African American
_ Hispanic American_ Other
Signature
Date 2� -
0 ti
App cant!
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 212000
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING KRISTIN HEBERT
TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR TERM ENDING JULY 17, 2008; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Kristin Hebert
to serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Kristin Hebert
to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
/3
JYUtat :1LL li LJI
r{ o r t d a
Y�@iBik�c
aoni
CITY OF SpUTH ML4m[ BOARDICOmmirTEE APPLICATION
Phone Na 303463 -6340
6130 Sunset Drive Fax No. 305-663 -6348
South Myjapn4 FL 33143
LL / �T
1. Name: t 1' T
(plwase nrinti
2. Home Address:
3. Business Address: 1 j �1"IC 1�lIQ 2Z.�L, —�-1 (L ---�
4. Home Phone No.
Business Phone No.
• Fax No.
S.
6.
•
8. Are you a registered voter? Yes ✓ No
• ✓
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes. No –�•/
11. Ethnic Origin?
White Non - Hispanic_, African American ,_ Hispanic American_ Other
e
Signature
Date Z. - 2.q�d2_
Applicant
TMS APPLICATION WILL REIviAIN ON FILE FOR ONE'YEAR
Rev -red "l
1t '
..a ..._�,- ,�- �-�-�� , 4�- ��4- �9rtml� •i'ml�lllllo°f"`i^��"ll�lfil _ _ ...... •xrsa��.Y,•��, -�� � ni cF�ialwini flel f -r _,- �,. -, _-;_-
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING MICHAEL ELDER
TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR TERM ENDING JULY 17, 2008; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Michael Elder
to serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Michael Elder
to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18t' DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
lµ
zest
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
Fhone No. .SOS- -663 -6340
South Mi=4 FL 33143 Fax No. 305-663-6348
1.
Name:
(Ple=
print)
2.
Homi Address:
3,
Business Address:
4.
Home Phone No;
Business Phone No.
Fax No.
S.
E-mail Address;
6.
Education Background,:
7.
C Service:
omm
S.
Are you a registered voter?
Yet 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 Noh-llispanic� '-�African American Hispanic AmericarL— Other
Signature— Date 02, d-2., 0
ApplicW
THIS APPLICATION WILL REMAIN ON ME FOR ONE YEAR
Revistd 9/01 a ) �.J �!/ ({> �e" ��—
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING PINKY SANDS TO
SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR TERM ENDING JULY 17, 2008; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Pinky Sands to
serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Pinky Sands to
the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
u: •
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
/5
-F��n :�'�t !'�! }•:F,•� ��� } r+ cr +r��7 C::. 13 2031
2 �liw k
,Clry QF SOUTH AAA NG BCARDICSFlbi'AtIr7'Er .AppLICA TION
6i3t7 DrsNe
PA0004k 34f.AM-4.40
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I. Mime: !/jf ,,VC
4�k,ralr h -'" r
�• HOc�t Addi`css; �__
3. Business Addraw. ,_,
4. %tat Pl:ene :'! $asiness Phoste �4'a� _ .
s, $ ra • $ � — - ,
5.
6. yb art iSitiGQ afar? Yti No
9. Are yft I rmdent of ate al�-?
140• Doyou have a buciwt ill a* City?
11. Etkw,ie 4r��?
i�H3s�xxeo Afrk�i .#meri,t�t ,��Hisparnt Am+�ritnn,_ _._.
Agri•
- I1s�te
P i
App
TYM, AFFMCA -7107N NWIL% REMAIN Oft YME FOR O.N-E YEAR
Revised 5/01
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MTI] "Hi]MM
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING REV. DAVID
WALKER TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR
A TWO YEAR TERM ENDING JULY 17, 2008; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to re- appoint Rev. David
Walker to serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Rev. David
Walker to the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
llo
JVULAL WMLAl4L
F n o r i d a
P CEI�E :..
2001
MAY 10 2004
CITY OF SOUTkM/ l �O RICe �7I TEE- APPLICATION
6130 Sunset Drive Phone No. 305 -663 -6340
South Miami, FL 33143 ( Fax No. 305 -663 -6348
1. Name: V r I�Gt t.' t L l/u �t / /� C'_ f
!Please print)
2. Home Address:
3. Business Address:
4. Home Phone No. Business Phone No.
Fax No.
5. E-mail Address:
6. Education Background: n11
UdFln 71 to fi'teS_S �7d M,
7. Community
L r"' y
8. Are Y ou a registered voter? Yes l/ No-
9. Are you a resident of the City?' Yes —Z No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
White Non - Hispanic African American i% Hispanic American Other
12. I am interested in serving on the following board(s)/committee(s):
CR(;
First choice second choice
Third choice
Signature
Applicant
Revised 8102
Fowth choice
Date
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; APPOINTING EDNA K. DAVIS TO
SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO
YEAR TERM ENDING JULY 17, 2008; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Commission recognize the important
contributions made by those who serve on the various city boards and
committees, and wish to appoint a full complement to each of the
active boards and committees; and
WHEREAS, the City Commission desires to appoint Edna K. Davis to
serve for a two year term on the Community Relations Board.
Appointment shall expire July 17, 2008 or until a successor is duly
appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby appoints Edna K. Davis to
the Community Relations Board.
Section 2. The expiration date of this appointment shall be July
17, 2008 or until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon
approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
. "I• D
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
0 U 'l,$ F l o r i d a
:,, r All -i�Ntis �fF
Y2001 CEIV
F
ED
1w27
�
' . N 0 9 2006
.xxxs.
CITY OF SOUTH AWft%0AWV14aWjTTEE APPLICATION
6130 Sunset Drive
Are you a registered voter?
Yes _
Phone No. 305- 663 -6340
South Miami, FL 33143
Are you a resident of the City?
Yes X
Fax No. 305- 663 -6348
1.
Name: ,t' ,V P%
16f rwA Ym
.b.4 t! /S
11.
Ethnic Origin?
Mlao P nrintl
2.
Home Address:
Other
12.
I am interested in serving on the following board(s) /committee(s):
COi*A41e,.,i /P�lit'�7o,ds icr,
3.
Business Address:
First choke
Second choice
4.
Home Phone No. _
Business Phone No. _
Signature _ - _
Date l�
Fax No.
Applicant
5.
E -mail Address:
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
6.
Education/Degree Earned: 643;4-'-F4
1$76 !
a.-VAJ do' /Ct o <c•a-),3
Work Experience:
C. :g v - S
o FG &W
N¢ cao t.✓ � .
�.
`c
vs•C
Field Expertise:
7. Community Service: /
�wA.�btrst9rly .E'r7Ns1 /t o-.es vocy�7's>fr�
S.
Are you a registered voter?
Yes _
No
9.
Are you a resident of the City?
Yes X
No
10.
Do you have a business in the City?
Yes
No
11.
Ethnic Origin?
White Non - Hispanic African American _
Hispanic American
Other
12.
I am interested in serving on the following board(s) /committee(s):
COi*A41e,.,i /P�lit'�7o,ds icr,
First choke
Second choice
Third choice
Fourth cho' c
Signature _ - _
Date l�
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 4/06
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; APPOINTING MICHAEL MILLER
TO SERVE ON THE PARKING COMMITTEE FOR A TERM
ENDING JULY 17,2008; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Mayor and Commission recognize the important contributions
made by those who serve on the various city boards and committees, and wish to appoint a
full complement to each of the active boards and committees; and
WHEREAS, The City Commission desires to appoint Michael Miller, a business
owner of South Miami, to serve for a two -year term on the Parking Committee.
Appointment shall expire July 17, 2008 or until a successor is duly appointed and
qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby appoints Michael Miller to the
Parking Committee.
Section 2. The expiration date of this appointment shall be July 17, 2008 or
until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS DAY OF , 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
JUN -12 -06 MON 03;54 PM FAX NO, P. 01
ECUIVE r/ /ear
JUN 12 2006
CITY CLERK'S OFFICE
R( K
orr1r OF SaUrH Min soARa »
aoMM�C AMW"r
6130 sows DOW psz Na
Saudi ,turf, PL 33113 D
/A1 –I ,I
I.
5.
6.
7.
9.
Name: r ` i - (wee u nd
g%u:e Add:
Burt
- ws Pbosre Nv.
Nome rb4ae No.
g�ouaii A,ddrar. _ _
1
i
�'ielel partite:
Commanlry Se�+ioe=
--- Yes Nd
Are YOU it rebistercd v8t6r7
A" you a raddeut ofthe City?
fd• Do ybu W* & bud.ra In tf1d+L'!t�!'
xu —,g� No
II . Etwe Orwal
Wblte N�oln- H>a paaic Other
Afitrn Ametdees �v c Ae4erie� ..L"
/
�Z, i m intcrlt iu wvbg elk the [egg boa sycom�uN+
ZAP��Ihl�
S11Dont:u�e -
AppticKnt
X71I� AfrAXATICYN WILL SE ALAN Cw F= FOR OPs YEAR
1
I
i
r ..,1 .►,� ru_aoa..en�
pueuagTA u2E:11 90 20 unr
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING
CHARLOTTE C. DISON TO SERVE ON THE HISTORIC
PRESERVATION BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Mayor and Commission recognize the important contributions
made by those who serve on the various city boards and committees, and wish to appoint a
full complement to each of the active boards and committees; and
WHEREAS, The City Commission desires to re- appoint Charlotte C. Dison to
serve for a two year term on the Historic Preservation Board. Appointment shall expire
July 17, 2008 or until a successor is duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Charlotte C. Dison to the
Historic Preservation Board.
Section 2. The expiration date of this appointment shall be July 17, 2008 or
until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Iq
R ECEIVE�
MAR 19 2004 Di
CITY CLERK'S OFFICE
F 1 a r l d a
201
CITY OF SOUTH MIAMI BOARDICOfy MITTEEAFPLICAT7ON
6130 Sunset Drive Phone No. 305- 663 -6340
South Ma* FL 33143 Fax No. 305- 663 -6348
1. Name: (_ "J7gklaZle—
(Please nrint)
2. Home Address:
3. Business Address:
4. Home Phone No., Business Phone No.
.
Fax No
_ v
5.
6.
7.
n
0
E-mail Address:! �_
eegi voter?
8. Ar a sth kj
Yes No
9. Are you a resident of the City? A.) S.itd ; c, m Z Yes _ *
� -i
10. Do you have a business in the Ci'`fy? Yes 1G
11. Ethnic Origin? 1
White Non- Hispanic-(,ZAfrican American - Hispanic American
12. I am interested in serving on the following board(s)/committee(s):
F t choice
hird choice
SignatureF„
Applicant
Second choice
Fourth choice
No
No
Other
Date &pt� --�9.200.x
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8/02
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING MARICE
CHAEL TO SERVE ON THE HISTORIC PRESERVATION
BOARD FOR A TWO YEAR TERM ENDING JULY 17,2008;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Mayor and Commission recognize the important contributions
made by those who serve on the various city boards and committees, and wish to appoint a
full complement to each of the active boards and committees; and
WHEREAS, The City Commission desires to re- appoint Marice Chael to serve for
a two year term on the Historic Preservation Board. Appointment shall expire July 17,
2008 or until a successor is duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Marice Chael to the
Historic Preservation Board.
Section 2. The expiration date of this appointment shall be July 17, 2008 or
until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS 18'' DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Jan -29 -03 04:31P Dover, Kohl & Partners 305 666 0360
ovu%o IVASxu�9
F l o r l d a
i Yf,
-! l< j
. , {i
2001
CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miand, FL 33143 Fax No. 305 -663 -6348
1. Name: 160 t
d
Dlaseo�le ,go _
2. Home Address:
3. Business Address:
4.
5.
6.
7.
S.
9.
10.
11.
Home Phone No. Business Phone No. f
�— - - r
Fax No.
E -mail Address:
Education Barkornnnli-
rnmMunitw
P.O1
� ► �. ►� 1► i � � / ► i tom, �.� � � � i� �
Are you a registered voter? Yes
Are you a resident of the City? Yes
Do you have a business in the City? Yes
Ethnic Origin?
White Non-Hispanic_ African American Hispanic American_
12. I am interested in serving on the following board(s) /committee(s):
Fled chorce
Second choke
FourI th choice
Signature _ Date - t71- Q ;
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Other
Revised 8/02
No
No
No
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING ANN
MARIE CLYATT TO SERVE ON THE HISTORIC
PRESERVATION BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Mayor and Commission recognize the important contributions
made by those who serve on the various city boards and committees, and wish to appoint a
full complement to each of the active boards and committees; and
WHEREAS, The City Commission desires to re- appoint Ann Marie Clyatt to
serve for a two year term on the Historic Preservation Board. Appointment shall expire
July 17, 2008 or until a successor is duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Ann Marie Clyatt to the
Historic Preservation Board.
Section 2. The expiration date of this appointment shall be July 17, 2008 or
until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS 18TH DAY OF JULY, 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/_1»:Z01T /a��i
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
C;Zl
JAN -15 -04 THU 11:33 AM CLYATTFA.BiANN.MARIE 665 2890
�� nC1l .....,... - ..a.....
!r 1 a r / d •
JL
Jf` i
�� INi4Cr4- XYi•% � fS
AL
CITY OF SOUTH MIAMI BOA RD/COMM/TTEEAMICAT /ON
6130 Sunset Drive Phone No. 305 -663 -6340
South Miami, FL 33143 Fax No. 305 -663 -6348
1. Name: _{frVN /" /A,P� (:/- Vd t
(PI _ ase pnnt) .
2. Home Address:
3. Business Address:
4. Home Phone No.,--- Business Phone No.
Fax No.
5. E -mail Address: &Vd f ADL . Gs�M • .
6. Education Background:
7.
S.
9.
10.
Are you a registered voter?
Are you a resident of the City?
Do you have a business in the City?
Yes No
Yes -� No
Yes No _X_
11. Ethnic Origin?
White Non - Hispanic X African American _ Hispanic American Other
12. Y am interested in serving on the following board(s)1committee(s):
_tjlS�e�lcr �FPII �16,U�,q,Qj)
FIB choice Second ebolce
710rd choice, Fourth choice
Signature Date
Applicant
THIS APPLICATION WELL REMAIN ON FILE FOR ONE YEAR
Revised ago:
01
P.01
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; RE- APPOINTING SCOTT
KURTZMAN TO SERVE ON THE HISTORIC
PRESERVATION BOARD FOR A TWO YEAR TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Mayor and Commission recognize the important contributions
made by those who serve on the various city boards and committees, and wish to appoint a
full complement to each of the active boards and committees; and
WHEREAS, The City Commission desires to re- appoint Scott Kurtzman to serve
for a two year term on the Historic Preservation Board. Appointment shall expire July 17,
2008 or until a successor is duly appointed and qualified.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby re- appoints Scott Kurtzman to the
Historic Preservation Board.
Section 2. The expiration date of this appointment shall be July 17, 2008 or
until a successor is duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS DAY OF . 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
`l
CITY OF SOUTH MIAMI
6130 Sunset.Drive
South Miami, FL 33143
Ph (305) 663 -6340
Fax (305) 663 -6348
CITY BOARD /COMMITTEE APPLICATION
1. Name �.,. ��.k r
(please print)
2. HomeAddress
3. Business
4. Business Address A/ fy
5. Home Phone Business Phone
6. Educational Background
7. Community Services
8. Are you a registered voter?
9. Are you a resident of the City?
10. Do you have a business in the City?
Yes 1X No
Yes No
Yes No
Signature Date
-OL
RESUMES WILL REMAIN ON FILE FOR ONE YEAR
l
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES;
APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE
AMOUNT OF $6,929.00; TO I BE CHARGED TO ACCOUNT NO.
001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami approved the retention
of labor counsel James C. Crossland of Akerman Senterfitt at the recommendation of the city attorney, to
represent the city in addressing employment claims; and
WHEREAS, Akerman Senterfitt submitted its invoices to the City for legal services rendered, and
costs advanced, for the period ending April 30, 2006, totaling $6,929.00; and
WHEREAS, the fees and costs on the attached invoice are reasonable and necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The invoices for attorneys' fees and costs received from Akerman Senterfitt,
in the total amount of $11,418.60 are approved for payment; charging $6,929.00 to account no.
00 1.2100.5 19.3440 Consultant Labor Attorney, with a current balance of $7,000.00.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2006.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Post Office Box 4906
Orlando, FL 32802
Tel: 407-843-7860 Fax: 407-419-8593
MS. YVONNE SOLER - MCKINLEY
INTERIM CITY MANAGER
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
Bill Date 8- Jun -06
Bill No. 8100216
Client Name: STATE OF FLORIDA, CITY OF SOUTH 1%1L MI
Matter Name: JOSEPH DURAN V. CITY OF SOUTH MIAMI
Matter Number: 0171988
INVOICE SUMMARY
For professional services rendered through May 31, 2006 as summarized below and described in the
narrative statement.
SERVICES
DISBURSEMENTS
TOTAL THIS INVOICE
$ 869.50
$ 0.00
$ 869.50
To ensure proper credit to the above account, please indicate matter no. 0171988
and return remittance sheet with payment in US funds.
Wired funds accepted:
Akerman, Senterfitt & Eidson Operating Account
c/o SunTrust Bank, Atlanta, GA
ABA Number: 061000104
Account Number: 0215- 252207533
Reference your invoice number and matter number
IRS EIN 59- 3117860
AKERMAN SENTERFITT
FT LAUDERDALE - JACKSONVILLE - MIAMI .ORLANDO • TALLAHASSEE • TAMPA - WASHINGTON DC - WEST PALM BEACH
Alcerman Senterfitt
Page 3
035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI
As of
31- May -06
0171988 JOSEPH
DURAN V. CITY OF SOUTH MIAMI
Bill Number
8100216
Date
Services
AAtt
Hours
1- May -06
REVIEW CORRESPONDENCE RE: SETTLEMENT.
DMH
.20
10- May -06
TELEPHONE CONFERENCE NAVARRO RE: SETTLEMENT.
JCC
.30
10- May -06
TELEPHONE CONFERENCE MARBAN RE: SETTLEMENT.
JCC
.30
24- May -06
ANALYZE REQUIREMENTS RE: F.S. 286.
JCC
.40
24- May -06
LEGAL RESEARCH REGARDING DISCLOSURE
KCS
.30
REQUIREMENTS OF FLORIDA STATUTE 286.
25- May -06
PREPARATION FOR EXECUTIVE SESSION.
JCC
1.40
30- May -06
ANALYZE ISSUES RE: SUAREZ SETTLEMENT.
JCC
.60
30- May -06
TELEPHONE CONFERENCE MARBAN RE: SETTLEMENT.
JCC
.40
30- May -06
TELEPHONE CONFERENCE NAVARRO RE: SETTLEMENT.
JCC
.20
31- May -06
TELEPHONE CONFERENCE MARBAN RE: SETTLEMENT.
JCC
.40
31- May -06
TELEPHONE CONFERENCE NAVARRO RE: SETTLEMENT.
JCC
.20
TotalServices ............................................................................................................. ............................... $869.50
Akerman Senterfitt P 4
035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI
0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI
Initials
Name
DMH
D. M. HEEKIN
JCC
J. C. CROSLAND
KCS
K. C. SCHUMACHER
777.00
Total
U6.,
As of 31- May -06
Bill Number 8100216
Hours
Rate
Amount
0.20
185.00
37.00
4.20
185.00
777.00
0.30
185.00
55.50
4.70
$869.50
Post Office Box 4906
Orlando, FL 32802
Tel: 407-843-7860 Fax: 407419 -8593
MS. YVONNE SOLER- MCKINLEY
INTERIM CITY MANAGER
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
Bill Date 8- Jun -06
Bill No. 8100215
Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI
Matter Name: GENERAL LABOR & EMPLOYMENT
Matter Number: 0145273
INVOICE SUMMARY
For professional services rendered through May 31, 2006 as summarized below and described in the
narrative statement:
SERVICES
DISBURSEMENTS
TOTAL THIS INVOICE
$ 4,255.00
$ 1,804.50
$ 6,059.50
To ensure proper credit to the above account, please indicate matter no. 0145273
and return remittance sheet with payment in US funds.
Wired funds accepted. -
Akerman, Senterfitt & Eidson Operating Account
c/o SunTrust Bank, Atlanta, GA
ABA Number: 061000104
Account Number: 0215- 252207533
Reference your invoice number and matter number
IRS EIN 59- 3117860
AKERMAN SENTERFITT
FT LAUDERDALE • JACKSONVILLE • MIAMI .ORLANDO • TALLAHASSEE • TAMPA - WASHINGTON DC • WEST PALM BEACH
Akerman Senterfitt
Page 3
035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI
As of
31- May -06
0145273 GENERAL LABOR & EMPLOYMENT
Bill Number
8100215
Date
Services
Atty
Hours
1- May -06
TELEPHONE CALL WITH ENRIZO RE FLSA ISSUE
DCM
.20
2- May -06
TELEPHONE CALL WITH ENRIZO, MCKINLEY RE FLSA
DCM
.20
ISSUE
2- May -06
DRAFT POST - HEARING BRIEF (SUAREZ TERMINATION
DCM
4.00
ARBITRATION)
4- May -06
DRAFT POST - HEARING BRIEF (SUAREZ TERMINATION
DCM
8.00
ARBITRATION)
4- May -06
TELEPHONE CALL WITH ENRIZO RE FLSA ISSUE
DCM
.20
5- May -06
TELEPHONE CONFERENCE MILLS, NAVARRO RE: LABOR
JCC
.50
RELATIONS ISSUES.
6- May -06
REVIEW PBA POST - HEARING BRIEF
DCM
.80
6- May -06
REVIEW WAGE -HOUR SPREADSHEET
DCM
.70
7- May -06
DRAFT LETTER TO ARBITRATOR RE PBA BRIEF (SUAREZ
DCM
.30
TERMINATION)
8- May -06
DRAFT LETTER TO ARBITRATOR RE PBA BRIEF (SUAREZ
DCM
.20
TERMINATION)
8- May -06
TELEPHONE CALL AXELRAD RE PBA BRIEF (SUAREZ
DCM
.20
TERMINATION)
15- May -06
TELEPHONE CALL PBA ATTORNEY AXELRAD RE
DCM
.20
HEARING WITH ARBITRATOR (SUAREZ TERMINATION)
15- May -06
TELEPHONE CALL PBA ATTORNEY LABRADOR RE
DCM
.20
HEARING WITH ARBITRATOR (SUAREZ TERMINATION)
15- May -06
PREPARE FOR HEARING WITH ARBITRATOR (SUAREZ
DCM
.20
TERMINATION)
16- May -06
ATTEND TELEPHONE HEARING WITH ARBITRATOR RE
DCM
.40
RECORD EXHIBITS (SUAREZ TERMINATION
ARBITRATION)
17- May -06
ANALYZE ISSUES RE: POST - EMPLOYMENT CONDUCT
JCC
.60
(SUAREZ TERMINATION ARBITRATION).
23- May -06
REVIEW AND ANALYZE ARBITRATOR'S DECISION
DCM
1.10
(SUAREZ TERMINATION)
23- May -06
TELEPHONE CALL ENRIZO RE ARBITRATOR'S DECISION
DCM
.50
(SUAREZ TERMINATION)
Akerman Senterfitt
TELECOPY
Page 4
035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI
As of
31- May -06
0145273 GENERAL LABOR & EMPLOYMENT
Bill Number
8100215
Date
Services
Att-v
Hours
24- May -06
TELEPHONE CALL ENRIZO RE SUAREZ TERMINATION
DCM
.20
SETTLEMENT
24- May -06
TELEPHONE CALLS ENRIZO, MILLS, MCK 14LEY RE
DCM
1.00
SUAREZ TERMINATION SETTLEMENT
24- May -06
TELEPHONE CONFERENCE CITY MANAGER RE: SUAREZ.
JCC
.20
24- May -06
TELEPHONE CONFERENCE JEANETTE RE: SUAREZ.
JCC
.40
30- May -06
TELEPHONE CALL ENRIZO RE SUAREZ SETTLEMENT
DCM
.50
30- May -06
DRAFT LETTER TO LABRADOR RE SUAREZ SETTLEMENT
DCM
.40
30- May -06
TELEPHONE CALL ENRIZO, MCKINLEY RE SUAREZ
DCM
.20
SETTLEMENT
30- May -06
TELEPHONE CALL ARBITRATOR RE SUAREZ BRIEF
DCM
.20
30- May -06
TELEPHONE CALL LABRADOR RE SUAREZ BRIEF,
DCM
.50
SETTLEMENT (2 CALLS)
30- May -06
REVIEW LETTER FROM LABRADOR RE SUAREZ
DCM
.20
SETTLEMENT
31- May -06
REVIEW PBA SUPPLEMENTAL BRIEF.
JCC
.70
TotalServices .......................................................................................................... ............................... $4,255.00
Date
Total for POSTAGE
05/15/06
TELECOPY
05 /15/06
TELECOPY
05/15/06
TELECOPY
05/30/06
TELECOPY
Total for TELECOPY
05/02/06
DUPLICATING
05/04/06
DUPLICATING
05/04/06
DUPLICATING
05/08/06
DUPLICATING
Disbursements
7.00
3.00
15.00
3.00
0.75
19.50
0.50
1.50
Value
Dent
11
Akerman Senterfitt
035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI
0145273 GENERAL LABOR & EMPLOYMENT
Date
05/15/06
DUPLICATING
05/16/06
DUPLICATING
05/25/06
DUPLICATING
05/30/06
DUPLICATING
05/31/06
DUPLICATING
Total for DUPLICATING
Disbursements
05/08/06 FEDERAL EXPRESS 733085406525 D MILLER 5 -16 -06
100963840
05/16/06 FEDERAL EXPRESS 733085410355 B RAMIREZ 5 -23 -06
102287931
Total for FEDERAL EXPRESS
Page 5
As of 31- May -06
Bill Number 8100215
1.50
4.25
5.50
0.50
6.00
6.53
rosicj
Value
H1 111I1;
13.06
05/05/06 COURT REPORTER - NETWORK REPORTING 1,723.05
CORPORATION ATTENDANCE AT & TRANSCRIPT (O +
1 CC) OF ARBITRATION HELD ON 4/4/06 DCM -2395
Total for COURT REPORTER 1,723.05
TotalDisbursements ............................................................................................... ............................... $1,804.50
Akerman Senterfitt
035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI
0145273 GENERAL LABOR & EMPLOYMENT
Initials Name
DCM D. C. MILLER
JCC J. C. CROSLAND
Total
Hours
20.60
2.40
23.00
Page 6
As of 31- May -06
Bill Number 8100215
Rate Amount
185.00 3,811.00
185.00 444.00
$4,255.00
a4
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA RELATING TO ETHICS, AMENDING
6 CHAPTER 8A OF THE CODE OF ORDINANCES OF THE
7 CITY OF SOUTH MIAMI, ENTITLED "CODE OF
8 ETHICS "; PROVIDING FOR THE DEFENSE OF
9 ELECTED OFFICIALS; DEFINITIONS; PROVISIONS
10 FOR DEFENSE OF ELECTED OFFICIALS; REQUEST
11 PROCESS AND APPROVAL OF DEFENSE;
12 AUTHORIZATION; RESERVATION OF RIGHTS AND
13 IMMUNITIES; APPLICABILITY; PROVISIONS WHEN
14 COMPLAINT OR ALLEGATIONS ARE FOUND TO BE
15 MALICIOUS, FRIVOLOUS OR GROUNDLESS;
16 PROVIDING FOR REPEAL, SEVERABILITY;
17 PROVIDING FOR INCLUSION IN THE CODE; AND
18 PROVIDING FOR AN EFFECTIVE DATE.
19
20 WHEREAS, the Mayor and City Commission of the City of South Miami find
21 that in order to encourage qualified persons to serve the City of South Miami, it is
22 necessary to protect such persons from certain legal expenses incurred in protecting
23 themselves from allegations of violating State, County, or Municipal ethical standards
24 and guidelines, while acting in the course and scope of their service to the City of South
25 Miami; and,
26
27 WHEREAS, at chapter 8A, the city adopted its Code of Ethics, governing the
28 ethical standards and guidelines for elected and employed city public officials; and,
29
30 WHEREAS, the city reserved section 8A -6 and seeks to now create a new section
31 8A -6, which section shall provide the procedures, definitions and details on approving the
32 defense of the city's elected public officials; and,
33
34 WHEREAS, the Mayor and City Commission of the City of South Miami find
35 that the adoption of this Ordinance is in the best interest of the City of South Miami; and
36
I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
3 Section 1. Recitals Adopted. That all of the above stated recitals are hereby
4 adopted, confirmed and incorporated by reference into this ordinance.
5 Section 2. Chapter 8A of the City Code is amended as follows:
6
7 8A -6 Reserved. - Defense of Official in Ethics Matters.
8 (a) Definitions. When used in this section, the following words shall mean as
9 indicated:
10
11 1. The Term "Official" shall mean solely the following the Mayor and
12 all members of the City Commission.
13
14 2. The term "City Fund" shall mean only funds appropriated for
15 expenditure by the City Commission.
16
17 3. The Term "Counsel" shall mean the attorney independently selected
18 by the Official for the purpose of defending the Official in actions or
19 proceedings in accordance with this section. Counsel shall be
20 licensed to practice law in Florida, experienced in ethics defense,
21 and otherwise adequately qualified for the purpose of such
22 representation.
23
24 4. The term "Legal Expenses" shall mean reasonable attorney's fees
25 and necessary defense expenses directs incurred in defending an
26 Official in accordance with this section.
27
28 5. The term "Ls-,,gal Defense" shall mean the services provided by
29 Counsel in defending an Official accordance with this section.
30
31 6. The term "Reimbursable Costs" shall mean approved necessary
32 incidental expenses, including, but not limited to travel expenses
33 directly incurred by the Official in association with the defense of
34 actions or proceedings in accordance with this section.
35
36
37 (b) Defenses of Officials. Upon the request of the City Official (the "Official")
38 the City may, in its discretion, provide for the Legal Defense of any action or
39 proceeding brought against such Official for acts or omissions arising out of and in
40 the course and scope of the Official's function, when such Official is charged with
Page 2 of 7
Additions shown by underlining and deletions shown by ever-stfikiog.
I a violation of any provision of the Code of Ethics for Public Officers and
2 Employees, Part III, Chapter 112, Florida Statutes, Section 2 -11.1, Miami -Dade
3 County Code, or chapter 8A -1 through 5 of the City's ethics ordinances. The
4 provision of Legal Defense is limited to the payment of Legal Expenses to
5 Counsel and the payment of approved Reimbursable Costs to the Official incurred
6 for the purpose of defending actions or proceedings in accordance with the
7 provisions of this section. This section shall not apply to any action brought or
8 initiated by the City against an official.
9
10 (c) Request for Approval. A written request for the provision of Legal Defense
11 (the "Request ") shall be submitted by the Official and reviewed in accordance
12 with the following procedure:
13
14 1. A Request shall be submitted to and reviewed by the City Manager.
15
16 2. A Request shall be submitted after the Official is served with a
17 complaint, notice, charge, summons, process or other initiating
18 pleading,
19
20 3. A Request shall include the name, address, resume, and hourly ate
21 of Counsel, and a copy of the complaint, notice, charge, summons,
22 process or other initiating pleading
23
24 4. The City Manager shall recommend approval or denial the Request
25 in writing within ten (10) days after receipt of such Request. The
26 City Manager's recommendation is subject to the City Attorney's
27 concurrence that said Request is consistent with the requirements of
28 this section.
29
30 5. The City Commission shall consider and vote on the
31 recommendation of the City Manager and City Attorney to fund
32 Legal Expenses and Costs as provided for under Section 8A -6(e
33
34
35 (d) Authorization. The City Manager is hereby authorized to expend City
36 Funds, upon the review and approval of a Request for the payment of Legal
37 Expenses and Reimbursable Costs in accordance with subsection 8A -6(b). The
38 authorization to expend City Funds shall not extend to any appeal or other judicial
39 review without additional authorization of City Commission The expenditure of
40 City Funds shall be paid from a specific City account established in the City
41 budget for the purposes of this section or from other funds designated for Mayor
42 or Commission use. No funds of the City, other than City Funds, as defined in
43 subsection 8A -6(a), shall be used for the Leizal Defense of an Official. The
Page 3 of 7
Additions shown by underlining and deletions shown by everstriking
I expenditure of City Funds for the payment of Legal Expenses and Reimbursable
2 Costs shall be subject to the following_
3
4 (1) Counsel of the Official shall on a monthly basis submit all current
5 bills for Legal Expenses to the City's finance department in a format
6 approved by the City Attorney and Finance Director. The Official
7 shall on a monthly basis submit all current bills for Reimbursable
8 Costs to the City's finance department in a format approved by
9 City Attorney_ and Finance Director;
10
11 (2) The Cily Manager and City Attorney shall review and approve all
12 submitted bills prior to the payment by the City_
13
14 (3) Upon approval of submitted bills, the Cily Manager shall provide for
15 direct payment to Counsel for Legal Expenses and to the Official for
16 Reimbursable Costs. Payment shall be made on a monthly basis
17 during _the _pendency of the action or proceeding �pursuant to Section
18 218.70, Florida Statutes, et. seq.
19
20 (4) The Ci . Manager shall on a monthly basis provide a copy of all
21 approved bills to the City Clerk for filing and retention as a public
22 record and for public inspection, subject to an applicable exemption.
23
24 (e) Reservations ofrights and immunities.
25
26
27 1. The provision of the Legal Defense of an Official as provided in
28 subsection 8A-5(b), including those acts for which the defense may
29 be provided and the extent of City funds which may be expended,
30 shall be solely_ within the discretion of City Commission.
31
32 2. The City Commission may deny or revoke approval of the Request if
33 they determine that the request is beyond the scope of this section,
34 the applicable ethics ordinance, or inconsistent with the purposes of
35 this section;
36
37 3. The City Commission reserves the right to deny the Request when
38 the Official has failed to select qualified Counsel, or when the
39 proposed fee schedule is deemed unreasonable;
40
41 4. The City Commission reserve the right to revoke approval of the
42 Request when the Official fails to cooperate in the defense of such
43 action or proceeding;
44
Page 4 of 7
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The Official shall reimburse the City for any and all City funds
expended for payment of Legal Expenses and Reimbursable Costs
when it is determined that the alleged act or omission was taken
outside the course or scope of the duties of the Official, or when the
Official was adjudicated guilty of the alleged violation. The City
reserves unto itself the right to seek reimbursement and /or recovery
from the Official of the City Funds expended for payment of Legal
Expenses and Reimbursable Costs in accordance with this section
when it is determined that the alleged act or omission was taken
outside the course or scope of the duties of the Official, or where
such Official was adjudicated guilty of the alleged violation;
6. Nothing in this section shall authorize the City Commission to
provide for the Legal Defense of an Official where the alleged act or
omission was taken outside the course or scope of the duties of the
Official or where the Official has acted in bad faith with malicious
purpose, or in a manner exhibiting wanton and willful disregard f
human rights, safety or property.
7. Nothing in this section shall authorize the City Commission to
provide for the Legal Defense of an Official where it is alleged that
said Official failed to comply with applicable financial and gift
disclosure requirements mandated by Chapter_ 112, Florida Statutes,
Section 2- 11.1, Miami -Dade County Code, or the City's ethics code
concerning financial and gift disclosure;
8. Nothing in this section shall be construed as a waiver by the City or
M Official of any claim of immunity, including sovereign
immunity, applicable to any action;
9. Any Official who submits a Request and is subsequently provided a
Legal Defense at the expense of the City in accordance with this
section shall be prohibited from seeking further remuneration from
the City for any expenses incurred by said Official during or
resulting from the defense of any action or proceeding contemplated
by this section;
10. Where an Official fails to avail him /herself of the provisions of this
section, and no Legal Defense was provided at the expense of the
City, nothing herein shall prohibit such Official from seeking
reimbursement from the city for legal expenses incurred in the
successful defense of a violation or violating of any provision of the
Code of Ethics for Public Officers and Employees, Pat III, Chapter
112, Florida Statutes Section 2 -11.1 Miami -Dade County Code, or
Page 5 of 7
Additions shown by underlining and deletions shown by everstfilcng
I chapter 8A -1 through 5 of the City's ethics code where said Official
2 was acting in the course and scope of the Official's function, and
3 said Official is subsequently acquitted, or the charge or charges
4 against said Official are dismissed.
5
6
7 (f) Applicability. The provisions of this section shall apply to all actions and
8 proceeding pending at the time of or instituted after the effective date of this
9 section. As used herein, an action shall be construed to be pending where the
10 action has not been tried, or if tried where the judgment has not become final
I l by reason of the completion of any appellate proceedings;
12
13 (g) Malicious, Frivolous or Groundless Allegations. In accordance with Section
14 112.317(8), Fla. Stat, or Section 2- 1074 (t) Miami -Dade County Code, where it
15 is determined that the complaining party filed a frivolous or groundless
16 complaint, or filed a complaint with malicious intent to injure the reputation of
17 the Official by filing the complaint with knowledge that the complaint contains
18 one or more false allegations or with reckless disregard for whether the
19 complaint contains false allegations of fact material to a violation, the City
20 may seek recovery of Legal Expenses and Reimbursable Costs incurred by the
21 City from the complaining party in the name of the Official, or as subrogee of
22 the official.
23
24 Section 3. Severability. If any word, clause, phrase, sentence, paragraph or
25 section of this ordinance is held to be invalid by a court of competent jurisdiction, such
26 declaration of invalidity shall not affect any other word, clause, phrase, sentence,
27
28
29
30
31
32
33
34
35
36
37
38
39
paragraph or section of this ordinance.
Section 4. Codification. This ordinance shall be codified and included in the
Code of Ordinances.
Section 5. Effective Date. This ordinance shall be effective upon passage by the
City Commission on second reading.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2006.
GI": • os
MAYOR
Page 6 of 7
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Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe
Commissioner Beckman:
Commissioner Birts:
Commissioner Palmer:
Page 7 of 7
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( §
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 underlinins and deletions shown by evefl
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3
4
5
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7
8
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Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby vanquished, dissolved and repealed.
Section 3. This ordinance shall take affect immediately upon approval.
PASSED AND ADOPTED this _ day of , 2006.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
MAYOR
1St Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ever striking.
ORDINANCE NO.
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.
WHEREAS, the Mayor and City Commission of the City of South Miami shall take all
appropriate measures, including legislation, to modify or abolish existing laws, regulations,
ordinances and practices which constitute discrimination; and,
WHEREAS, the Civil Rights Act of 1964 (as amended) as codified in Title 42 Chapter
41 of the United States Code prohibits discriminatory practices; and,
WHEREAS, the City Commission recognizes that Ordinance No. 40 passed and adopted
on the 17th day of January, 1928 has been superceded by Federal and State law outlawing racial
discrimination and segregation; and,
WHEREAS, the Commission of the City of South Miami specifically recognizes that
Ordinance No. 40 is no longer in effect and that the civil rights of all citizens are equal before the
law; and,
WHEREAS, the Commission desires to denounce the Ordinance and formally repeal
Ordinance No. 40, and specifically recognize the equal rights and protection for all citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Ordinance No. 40 entitled "An Ordinance Providing for the Segregation of
the White and Colored Citizens of the City of South Miami, Florida," is hereby denounced,
vanquished, dissolved and formally repealed. A copy of Ordinance No. 40 is annexed and made
part of this Ordinance.
Additions shown by underlining and deletions shown by everstfiking.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby vanquished, dissolved and repealed.
Section 3. This ordinance shall take affect immediately upon approval.
PASSED AND ADOPTED this _ day of
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
MAYOR
1St Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Additions shown by underlining and deletions shown by evefst-riking.
2006.
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South Miami
AI-anedeaclll
CITY OF SOUTH MIAMI t I I I r
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: W. Ajibola Balogun, REM, CFEA, Director !
Public Works & Engineering Department
Date: 7/(18./,2006 Agenda Item No.:-49-10
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:
❑ Proposed Ordinance
❑ Interlocal Agreement with Miami -Dade County
❑ Ordinance No. 10 -02 -1778
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ORDINANCE NO.
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.
WHEREAS, the City of South Miami agreed to the cost -share of Federal Emergency
Management Agency (FEMA) funded Ludlam Glades canal dredging via Ordinance number 10-
02 -1778; and,
WHEREAS, in Ordinance number 10 -02 -1778, the City increased the Stormwater User
Fee Rates from $3.00 to $4.50 per Equivalent Residential Unit (ERU) per month to cover the
City' share of the canal dredging expense; and,
WHEREAS, Miami -Dade County Department of Environmental Resource Management
(DERM) has completed the dredging work and submitted a total project cost of $3,271,177 with
the City share of $270,363; and,
WHEREAS, the City agrees to pay Miami -Dade County $270,363 as the City's share of
the Ludlam Glades canal dredging project; and,
WHEREAS, the term of the attached Interlocal Agreement shall commence upon the
final date of execution of the Interlocal Agreement by all the parties and shall expire as specified
in Article IV of the agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The above whereas clauses are incorporated by reference.
Section 2. The Mayor and City Commission agree to the Interlocal Agreement
between the City of South Miami and Miami -Dade County for paying the City's share of the
Ludlam Glades Canal Dredging.
Section 3. The Mayor and City Commission authorize the City Manager to execute
the Interlocal Agreement for a term commencing upon the final date of execution of the
Interlocal Agreement by all parties and shall expire as specified in Article IV of the agreement.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall become effective immediately after adoption hereof.
Additions shown by underlinins and deletions shown by ever- Argdng.
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PASSED AND ADOPTED this _ day of
ATTEST:
CITY CLERK
CITY ATTORNEY
2006.
APPROVED:
MAYOR
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
C:\Documents and Settings \SRothstein\My Documents\Reso- Ord\Comm Agenda Supp Doc - 0613 -3- Interlocal
Agreement with MDC for Canal Dredging.doc
Additions shown by underlining and deletions shown by ^v°° g.
MIAMI -DADE COUNTY, FLORIDA
MIAMMADE
7
INTERLOCAL AGREEMENT
CITY OF SOUTH MIAMI
AND
MIAMI -DADE COUNTY
FOR
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FUNDED
STORMWATER DRAINAGE PROJECTS
1 of 10
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;
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(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 may be 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 Mk ure 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,
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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.
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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 lst 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 (30) 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.
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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:
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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.
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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.
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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
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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 Clerk
CITY OF SOUTH MIAMI, FLORIDA
Authorized signature on behalf
Date of the CITY of South Miami, Florida.
LI-A
City Manager
Date
MIAMI -DADE COUNTY, FLORIDA
I:
County Manager
Date
For the Board of County Commissioners, Miami -
Dade County, Florida
Stephen P. Clark Center
111 N.W. 1 st. Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
Bv:
Deputy Clerk
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Date
ATTACHMENT "A"
Basin Study and Cost Share Table
ATTACHMENT "A"
CITY OF SOUTH MIAMI
CANAL DRAINAGE AREAS % SHARE
Canal Drainage Areas (SQ MILES) % SHARE
LUDLAM GLADES CANAL
1. South Miami 1.38 57%
2. Dade County 1.05 43%
5/18/2006
ATTACHMENT "B"
FEMA Funded Project
Cost Table
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ORDINANCE NO. 10 -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 EFFECTIVE DATE.
WHEREAS, the City of South Miami established a Stomiwa.wr Utility in October 2WO for the fitt#herance
of stormwater management goals throughout tine City, and;
. d'1
VdIEREAS, Florids Statutes section 403 requires the City to establish a fee rate strfticient to plan, stab',
construct, operate and maintain a stormwater management synein, and,
WHEREAS. the City's cost-share of Federal Ernerbency Management Agency (FEMA) funded canal
dredging expenses is projected to total in excess of $280,000.0tl, and;
WHEREAS, Qte City Manager reconunwris a Stormwater User Fee Rate of $4.50 per Equivalent.
Rcsiftntial Unit (ERU) per month to cover these upcoming axpetnses.
NOW, 7UMEFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH NUAMi, FLORIDA:
ion 1. The Mayor and City Commission hereby sets the Storntwatcr User Fee rate at $4,50 per
Equivalent Residemlai Unit (ERU) per month, as provided by ordinance 21-00 -1723, Those funds to be ufied fnr
stonnwater purposes only,
Section 2. If any section. clause, sentence, or phrase of this ordinance is fvr any reason held invalid
or tmconstitntional by a court of competent jurisdiction, tits holding shall not affect the validity of the remaining
portions of this ordinance.
rcprnlcd. Section 3. All ordinances or parts of ordinances in conflict with the provisions of tills ordinance are
Sm in 4, This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this 17'h day or Scntcrnbe 2002.
ATTEST:
APPRO
CITY CLERK
MAY
1" Rending — September 3. 2002
y"d Reading — September 17.2W2 (as amended)
COMMISSION VOTE:
5.0
READ ND D !:
Mayor Robaina:
Yea
Vice Mayor Russell:
Yca
Commissioner F01111:
yea
C ATTORNEY
Commissioner Bethel:
yea
Commissioner Wiscombe:
Yea
Additions shown by underline and deletions shown by eye rstri{cing.
s,
b/Z 39V8 !&4g0:t, zo-5z-839 'TNVTW H11109 40 ALTO :A9 1N3S
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To:
Via:
From:
Date:
I 1
Al#jmftCb
CITY OF SOUTH MIAMI 111111
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM—
zoos
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, Acting City Manager
Don O'Donniley, Planning Director
July 18, 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 PERMIT A RESTAURANT/BAKERY TO BE CALLED PANERA
BREAD IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY "'LOCATED AT 5701 SUNSET
DRIVE (SHOPS AT SUNSET PLACE); PROVIDING FOR AN EFFECTIVE DATE
Request: The applicant is requesting a Special Use Approval to operate a general restaurant/bakery
at the above referenced location. The Shops at Sunset Place is located in the "SR(HD) ",
Specialty Retail Hometown Overlay Zoning District.: A: restaurant use is allowed in the
SR(HD) zoning district. The restaurant requires Special Use Approval. The proposed
Panera Bread restaurant is to be located in a first floor tenant space (A02B) facing Sunset
Drive which is in the southwest portion of the Shops next to the Marhaba Restaurant. The
space was previously occupied by a retail store. The restaurant will occupy 4,560 sq. ft.
The City Commission at its April 1, 1997 meeting approved Resolution No. 64 -97- 10035,
allocating to the Shops at Sunset Place a total of 61,250 square feet of restaurant space.
Attached to this report is a chart entitled "Current Status of Restaurants located in the
Shops at Sunset Place ", which is updated to 2006. A total of seven restaurants are currently
operating and occupying 32,924 sq. ft. After the addition of the Panera Bread restaurant
there will still remain 28,326 sq. ft. of allocated -restaurant space. The required parking
spaces for all restaurants were included in the initial approval of the Shops. Based upon
this analysis there are no additional spaces required.
The proposed restaurant will not adversely affect the health or safety of persons residing or
working in the vicinity; and the proposed use will not" be detrimental to the public welfare
or property or improvements in the neighborhood. The Planning Board at its June 20, 2006
meeting adopted a motion by a vote of 7 ayes 0 nays recommending approval with
conditions of the special use request.
Recommendation: It is recommended that the subject application be approved with the following
conditions:
(1) All signage for the new establishment is subject to approval by the City's
ERPB;
(2) 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:
Attachments:
Draft resolution
Planning Department Staff Report 6 -20 -06
Chart- Current Status of Restaurants in Shops
Planning Board Minutes Excerpt 6 -20 -06
Application
Location Map
Letter of Intent
Copies of Public notices
DOD /SAY
C:\Documents and Settings \SRothstein\My Documents\Reso- Ord \CM Cover report Panera Bread.doc
2
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
5 PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND
6 DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
7 PERMIT A RESTAURANT/BAKERY TO BE CALLED PANERA
8 BREAD IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
9 DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
10 LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE);
11 PROVIDING FOR AN EFFECTIVE DATE
12
13
14 WHEREAS, Panera Bread LLC. has filed Application No. PB -06 -017 requesting a
15 Special Use Approval to allow for a general restaurant/bakery located at 5701 Sunset Drive
16 (Shops at Sunset Place) in the "SR(HD -OV)" Specialty Retail Hometown District Overlay
17 zoning district; and
18
19 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD -OV)"
20 Specialty Retail Hometown District Overlay zoning district subject to meeting general
21 conditions specified in LDC Section 20 -5.8 and subject to meeting special requirements set forth
22 in LDC Section 20- 3.4(B)(4)(b); and
23
24 WHEREAS, the approval of a special use requires a recommendation from the Planning
25 Board and the approval of the City Commission after a public hearing; and
26
27 WHEREAS, on June 20, 2006 the Planning Board, after public hearing, voted 7 ayes 0
28 nays to recommend approval with conditions of the special use request; and
29
30 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
31 accept the recommendation of the Planning Board.
32
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
36
37 Section 1: The Panera Bread LLC application for special use approval to allow for a general
38 restaurant/bakery to be located at 5701 Sunset Drive (Shops at Sunset Place) in the "SR(HD-
39 OV)" Specialty Retail Hometown District Overlay zoning district is hereby approved subject to
40 the following conditions:
,41
42 (1) All signage for the new establishment is subject to approval by the City's ERPB;
43
44 (2) If the subject general restaurant is, in the future, determined by the Director of Planning,
45 to be adversely affecting the health or safety of persons residing or working in the
46 vicinity of the proposed use, to be detrimental to the public welfare or property or
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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.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this _ day of , 2006
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
CADocuments and Settings \SRothsteinWy Documents\Reso- Ord\PB -06 -017 Panera Br Resolution.doc
2
To: Honorable Chair &
Planning Board Members
From: Don O'Donniley
Planning Director
South Miami
NI -AnWea
City
I I.F
2001
Date: June 20, 2006
Re: Special Use Approval
5701 Sunset Drive
Restaurant -Shops at Sunset
PB -06 -017
Applicant: Panera Bread LLC
Location: 5701 Sunset Drive (Shops at Sunset Place)
Request:
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 PERMIT
A RESTAURANT/BAKERY TO BE CALLED PANERA BREAD IN THE "SR (HD -OV)"
SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE);
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 is requesting a
Special Use Approval to operate a general restaurant / bakery at the above referenced location. The Shops
at Sunset Place is located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District. A
restaurant use is allowed in the SR(HD) zoning district. The restaurant requires Special Use Approval.
The proposed use must meet the requirements for special uses contained under Section 20- 3.4(B)(4)(b)
General Restaurant and Section 20 -5.8 Special Use Approval of the LDC. A general restaurant is defined
as 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.
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. Special uses may also be required
to comply with the additional requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a
general restaurant the following supplemental 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.
5701 Sunset Drive/ Tenant Space
Special use approval
June 20, 2006
Page 2 of 3
(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.
The requested special use must also comply with the standard LDC conditional requirements set forth in
Section 20 -5.8 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.
SHOPS AT SUNSET RESTAURANT STATUS:
The proposed Panera Bread restaurant is to be located in a first floor tenant space (A02B) facing Sunset
Drive which is in the southwest portion of the Shops next to the Mahaba Restaurant. The space was
previously occupied by a retail store. The restaurant will occupy 4560 sq. ft.
The, the City Commission at its April 1, 1997 meeting approved Resolution No. 64- 97- 10035, allocating
to the Shops at Sunset Place a total of 61,250 square feet of restaurant space. Attached to this report is a
chart entitled "Current Status of Restaurants located in the Shops at Sunset Place ", which is updated to
2006. A total of seven restaurants are currently operating and occupying 32, 924 sq. ft. After the addition
of the Panera Bread restaurant there will still remain 28,326 sq. ft. of allocated restaurant space
remaining.
STAFF ANALYSIS:
(1) The square footage addition of the proposed new restaurant will not result in the Shops at Sunset
Place exceeding the 1997 allocated total square footage for restaurants. The required parking spaces
for all restaurants were included in the initial approval of the Shops. Based upon this analysis there
are no additional spaces required.
(2) The proposed restaurant will not adversely affect the health or safety of persons residing or working
in the vicinity; and the proposed use will not be detrimental to the public welfare or property or
improvements in the neighborhood.
RECOMMENDATION:
It is recommended that the subject application be approved with the following conditions:
(1) All signage for the new establishment is subject to approval by the City's ERPB;
(2) 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.
5701 Sunset Drive/ Tenant Space
Special use approval
June 20, 2006
Page 3 of 3
Attachments:
Chart- Current Status of Restaurants in Shops
Application
Location Map
Letter of Intent
Copies of Public notices
Floor Plan
DOD /SAY .
E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \6- 20- 06\PB -06 -017 Shops Panera Report.doc
Current Status of Restaurants located in the
Shops at Sunset Place (6 -06)
Name of
Square Footage
Date of Planning Board Appearance
Date of City
Restaurant
Approve Exis
Commission Hearin
GameWorks
5170
5170
Recommendation for approval 4 /14/98
Approved 5/05/98
Swampy's
12,686
0
Recommendation for approval 5 /12/98
Approved 6/02/98
Wilderness
Out of Business
Grill
T4i,--
8579
8579
Recommendation for approval 5 /12/98
Approved 6/02/98
Store/ -1
Tfepiee
Out of Business
Martini Bar
Coco Pazzo/
5782
0
Recommendation for approval 5 /12/98
Approved 6/02/98
Out of Business
Johnny
2230
2230
Recommendation for approval 5/26/98
Approved 6/09/98
Rockets
China Grill
6554
0
Recommendation for approval 6 /30/98
Approved 7/21/98
Out of Business
Xando
1993
0
Recommendation for approval 12/30/98
Approved 1/5/99
Out of Business
The Pizza
0
1204
(Temporary )
Place
Zahbe
1815
1815
Recommendation for approval 8 /08/00
Approved 09/05/00
Marhaba
Red Bowl
5566
0
Recommendation for approval 12/12/00
Approved 01/09/01
Fresh Grill
Pulled out
Dan Marino's
6540
6540
Recommendation for approval 01 /30/01
Approved 02/20/01
Town Tavern
Elli's Brick
2734
0
Recommendation for approval 10/29/02
Approved 11/21/02
Oven Cafe
Out of Business
Cheeseburger
7386
7386
Recommendation for Approval 2 -16 -06
Approved 3/7/06
in Paradise
Total Existing 32,924
Area remaining for restaurant use: 61250 - 32,924 = 28,326 sq. ft..
5OUT:
.,
INCORPORATED
1927 p
fit _O R 9
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes/Regular Meeting
Tuesday, June 20, 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 7:31 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. 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 Mr. Farfan and Ms. Yates.
Board members absent: None
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 -017
Applicant: Panera Bread LLC
Address: 5701 Sunset Drive (Shops at Sunset Place)
Request: 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 PERMIT A RESTAURANT/BAKERY TO BE CALLED
PANERA BREAD IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701
SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING FOR AN
EFFECTIVE DATE.
Planning Board Meeting Excerpt
June 20, 2006
Page 2 of 3
Action: Mr. Morton read the ordinance into the record. Mr. O'Donniley presented the
staff report. He stated that pursuant to Section 20- 3.4(B)(4)(b) of the Land Development
Code (LDC) the applicant is requesting a Special Use Approval to operate a general
restaurant / bakery at the above referenced location. The Shops at Sunset Place is located in
the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District. A restaurant use is
allowed in the SR(HD) zoning district, however, the restaurant requires a special use
approval.
Mr. O'Donniley further explained that the proposed use must meet the requirements for
special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20-
5.8 Special Use Approval of the LDC. He also noted that a general restaurant is defined as
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.
Mr. O'Donniley also indicated that the proposed Panera Bread restaurant is to be located
in a first floor tenant space (A02B) facing Sunset Drive which is in the southwest portion
of the Shops next to the Mahaba Restaurant. The space was previously occupied by a retail
store. The restaurant will occupy 4560 sq. ft.
Additionally, Mr. O'Donniley provided a brief background on the Shops at Sunset Place
regarding restaurant spaces. He explained that the City Commission at its April 1, 1997
meeting approved Resolution No. 64 -97- 10035, allocating to the Shops at Sunset Place a
total of 61,250 square feet of restaurant space. He indicated to the Board that attached to
their report was a chart entitled "Current Status of Restaurants located in the Shops
Sunset Place ", which was updated to 2006. Currently, a total of seven restaurants are
operating and occupying 32, 924 sq. ft. After the addition of the Panera Bread restaurant
there will still remain 28,326 sq. ft. of allocated restaurant space remaining.
In addition, Mr. O'Donniley provided the following staff observations:
1) The square footage addition of the proposed new restaurant will not result in the
Shops at Sunset Place exceeding the 1997 allocated total square footage for
restaurants. The required parking spaces for all restaurants were included in the
initial approval of the Shops. Based upon this analysis there are no additional
spaces required.
2) The proposed restaurant will not adversely affect the health or safety of persons
residing or working in the vicinity; and the proposed use will not be detrimental to
the public welfare or property or improvements in the neighborhood.
Staff's Recommendation
Staff recommended that the subject application be approved subject to two conditions.
Applicant: Ms. Martha Herrera
Planning Board Meeting Excerpt
June 20, 2006
Page 3 of 3
Ms. Herrera stated that she representing Panera Bread. She explained that special use
approval being requested was to permit a bakery /cafe that would be open from 7:00am to
9:00pm.
Ms. Lahiff asked the applicant if the establishment at the Shops at Sunset Place would be
similar to the Panera Bread located by the Falls. Ms. Herrera replied that it would be the
same.
Chair Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Tucker Supported
Mr. Tucker stated he welcomed new establishment such as Panera Bread into the City.
Additionally, he noted that all practices regarding food procedures /services be well
addressed by the restaurant.
Chair Morton closed the public hearing.
Motion: Mr. Comendeiro moved to recommend approval of the request with staff's
conditions:
(1) All signage for the new establishment is subject to approval by the City's ERPB.
(2) 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.
Ms. Lahiff seconded the motion.
Vote: Ayes 7 Nays 0
EAComm Items\2006 \748- 06\Excerpt PB Min 6 -20 -06 Panera-doe
City of South Miami
Planning & Zoning Department
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:
Meets & Bounds: 51101 IZ*)D /We .
Lot(s) -[9 lock Subdivision JN
Applicant: -P?A+J E� l.1-6
Phone: (3) zO -256, 5436
Representative:
P -F_u6F �Q
Organization: W c t c j
+ c
Address: i�506 '001A EaLA -S VP- Sre- 303 Phone:
. C-305) 43 -3100
Property Owner: 5I M01,3 Pte} jl G�DUP
Mailing Address: 100 bbCie---0bb PL •
C7
Signature:
Phone:(33C-9 9 &5-52W(d
S
Architect/Engineer:
1- q+U JL
Phonem�9
b ) 4-3 -3 .
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner vCSwner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendment to LDC _Variance
Zoning Map Amendment , tpecial Use
PLEASE CHECK ALL THAT APPLY:
-"Letter of intent
✓J ✓ stifcations for change
PUD Approval _Special Exception
_ PUD Major Change _Other
� tatement of hardship
4 of 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
igned /1 reduced copy @ 11" x 17 ")
/15 copies of Site Plan and Floor Plans
J1 reduced copy @ 11" x 17"
_ 20% Property owner signatures
fYtCc f �D�t�'
✓Mailing labels (3 sets) and map
Z Required Fee(s)
WSA7,
` ,C� ru
Section: Subsection: Page #: Amended Date:
The urge ed s completed application and represents that the information and all submitted materials are true and
cony t d e and belief.
2-00 CP
pplicant's ignature and title Date
Up o ei t, a lic all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regu a tons. 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 Payment
8 /2 /oo
City of South Miami
PB -06 -017 Special Use Approval
Panera Bread Restaurant: 5701 Sunset Dr
( Shops at Sunset Place)
May 18, 2006
City of South Miami
william Planning and Zoning Department
hamilton City Hall
arthur 6130 Sunset Drive
architect South Miami, Florida 33143
inc.
RE: Panera Bread -Shops of Sunset Place
5701 SW 72nd Avenue
South Miami, Florida
Folio No 09- 4025 - 031 -0060
Legal Description: Carvers Sub PB 6 -36 All Blk 1 less E &S35 Ft. of Lots 16 &19
Lyg E of lot 18 & Lot 18 & Port Lot 33 per DB 3860 -556 & Port of Blk 2.
Dear Planning Official,
We have been retained by Panera, LLC owner of the proposed Panera Bread located at
Shops of Sunset Place in order to request and submit a Planning Board Public Hearing
Application for a Special Use Permit.
We hereby request a Special Use permit to allow a 4560.00 s.f. restaurant establishment,
Panera Bread -Shops of Sunset Place with 107 proposed seats at subject location. This
Special use conforms fully with the LDC, the FBC 2004 edition and any /all applicable state
and/or local codes.
We highly appreciate your acceptance of our request. Should you require any additional
information, please do not hesitate to contact us.
ncere y,
I
Bruce A. Arthur
800 douglas
entrance
suite 303
coral gables
florida 33134
305 443 -3100
fax 305 441 -7960
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South Miami
CITY OF SOUTH MIAMI 1111v
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 Mana
From: Don O'Donniley, Planning Director
Date: July 18, 2006 ITEM No.
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN
THE REAR SETBACK AREA RESULTING IN,A VARIANCE REQUEST TO
PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25
FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN
AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED
AT 5841 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING
FOR AN EFFECTIVE DATE
Request: The applicant, Ms. Catherine Jay, is requesting approval of a variance from Section 20-
3.5(E) of the Land Development Code to allow a rear setback of 8 feet vs. the required 25
foot setback in an RS -3 Single Family Residential zone. The purpose of the variance
request is to permit the construction of a Florida room addition at the rear of the home. The
applicant's property is an irregular shaped lot with single family one story house. Due to
the 25 foot required rear setback the applicant will need a rear setback variance.
The applicant correctly states that the irregular shape of the lot resulted in the construction
of the house at an angle which makes it difficult to comply with the rear setback
regulation. The applicant's claim of hardship due to the irregular shape of the lot is
supportable under the variance decision criteria set forth for the Planning Board in Section
20-6. 1 (B)(3)(h) of the Land Development Code. The Planning Board at its June 20, 2006
meeting adopted a motion by a vote of 6 ayes 1 nay .(Mr. Comendeiro) recommending
approval of the variance with conditions.
Recommendation: It is recommended that the variance request be approved with the following
conditions:
(1) The room addition location and size must'be as set forth on the submitted site
plan, prepared by Fernando Gomez -Pina, P.E: and dated 3 -30 -06 ;
(2) An opaque landscape buffer a minimum 5 feet in height shall be planted along
the rear property line from the northern edge of the room addition to the south
boundary of the property.
Backup Documentation:
Draft Resolution
Planning Department Staff Report 6 -20 -06
LDC Applicable Regulations
Planning Board Minutes Excerpt 6 -20 -06
Application
Location Map
Letter of Intent /Justification
Survey
Proposed Site Plan
Copy of Public Notices
DOD /SAY
C:\Documents and Settings \SRothstein\My Documents\Reso- Ord \CM Cover report-Variance 584163 Av.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN
THE REAR SETBACK AREA RESULTING IN A VARIANCE REQUEST TO
PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25
FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN
"RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841
SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Application No. PB -06 -018 was submitted to the Planning Board by the
applicant, Catherine Jay, requesting approval of a variance from Section 20- 3.5(E) of the Land
Development Code to allow a rear setback of 8 feet vs. the required 25 foot setback on property
within an RS -3 Single Family Residential zone district specifically located at 5841 SW 63
Avenue; the purpose of the variance request is to permit the construction of a Florida room
addition at the rear of the home; and
WHEREAS, the approval of a variance requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, on June 20, 2006 the Planning Board, after public hearing, adopted a motion
by a vote of 6 ayes 1 nay to recommend approval of the requested variance with conditions; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
the recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: the subject application submitted to the Planning Board by the applicant,
requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow
a rear setback of 8 feet vs. the required 25 foot setback on property in an RS -3 Single Family
Residential zone specifically located at 5841 SW 63 Avenue is hereby approved with the
following conditions:
(1) The room addition location and size must be as set forth on the submitted site plan, prepared
by Fernando Gomez -Pina, P.E. and dated 3 -30 -06 ;
(2) An opaque landscape buffer, a minimum 5 feet in height, shall be planted along the rear
property line from the northern edge of the room addition to the south boundary of the
property.
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Section 2: The City Commission finds that the applicant's claim of hardship due to the
irregular shape of the lot is supportable under the variance decision criteria set forth in Section
20- 6.1(B)(3)(h) of the Land Deve4lopment Code which states that "....a variance shall be made
only when necessary to relieve particular hardships or extraordinary conditions relating to a
specific property, and when the strict application of a particular regulation would result in
peculiar and exceptional hardship upon the owner of such property as distinguished from reasons
of convenience, profit or caprice
Section 3. That this resolution shall be effective immediately upon execution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
C:\Documents and Settings \SRothsteinNy Documents\Reso -Ord \5841 SW 63 Ave Var Resol.doc
2
2006
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2001
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: June 20, 2006
Planning Board Members
From: Don O'Donniley Re: Variance Request
Planning Director 5841 SW 63 Ave.
PB -06 -018
Applicant: Catherine Jay
Location: 5841 SW 63rd Avenue
Request:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO
ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR
SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN
EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25 FOOT REAR
SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3"
SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63
AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN
EFFECTIVE DATE
SUMMARY OF REQUEST
The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land
Development Code to allow the a rear setback of 8 feet vs. the required 25 foot setback
in an RS -3 Single Family Residential zone. The purpose of the variance request is to
permit the construction of a Florida room addition at the rear of the home.
APPLICABLE REGULATIONS (See ATTACHMENT)
• Land Development Code Section 20-3.5(E) Dimensional Requirements
• Land Development Code Section 20 -5.9 Variances Approvals
• Land Development Code Section 20- 6.1(B)(3)(h) - Powers and duties Planning
Board
BACKGROUND & ANALYSIS
The applicant's property is an irregular shaped lot with a lot area of 10,140 sq.ft. A
rectangular single family one story house with 1720 sq.ft. is located on the lot. The
irregular shape of the property results in a variable rear setback ranging from 20 feet to
PB 06 -018
Variance Request —5841 SW 63Ave.
June 20, 2006
Page 2 of 4
34 feet. The applicant's current plans are to add a 353 sq.ft. room addition (28'x 12') at
the rear of the building. Due to the 25 foot required rear setback the applicant will need a
rear setback variance.
STAFF OBSERVATIONS
• The applicant correctly states that the irregular shape of the lot resulted in the
construction of the house at an angle which makes it difficult to comply with the rear
setback regulation.
• The applicant's claim of hardship due to the irregular shape of the lot is supportable
under the variance decision criteria set forth for the Planning Board in Section 20-
6. 1 (B)(3)(h) which states that "....a variance shall be made only when necessary to
relieve particular hardships or extraordinary conditions relating to a specific
property, and when the strict application of a particular regulation would result in
peculiar and exceptional hardship upon the owner of such property as distinguished
from reasons of convenience, profit or caprice.
• In order to provide a buffer between the room addition and the abutting properties to
the rear it would be appropriate to require a landscaping screen along the rear
property line.
RECOMMENDATION
It is recommended that the variance request be approved with the following conditions:
(1) The room addition location and size must be as set forth on the submitted site plan,
prepared by Fernando Gomez -Pina, P.E. and dated 3 -30 -06 ;
(2) A opaque landscape buffer a minimum 5 feet in height shall be planted along the rear
property line from the northern edge of the room addition to the south boundary of
the property.
Attachments:
Location Map
Application
Letter oflntent /Justification
LDCApplicable Regulations
Survey
Proposed Site Plan
Copy of Public Notices
DOD /SAY .
E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \6- 20- 06\PB -06 -018 Variance5841 Sw 63 Report.doc
PB 06 -018
Variance Request -5841 SW 63Ave.
June 20, 2006
Page 3 of 4
ATTACHMENT
LAND DEVELOPMENT CODE APPLICABLE REGULATIONS
• Land Development Code Section 20- 3.5(E) DIMENSIONAL REQUIREMENTS
REQUIREMENT RS -3
Rear Setback 25'
• Land Development Code Section 20 -5.9 Variances Approvals
(A) Expiration of Variance Approvals. A variance approved pursuant to
Section 20 -5.5 shall lapse after six (6) month if no substantial
construction or change of use has taken place in accordance with
the request for such variance and if the city commission has not
specified a longer approval period for good cause shown.
(B) Extension of Variance Approvals. Four (4) affirmative votes of
the city commission may grant an extension to a previously
approved variance if a proper and timely request is made by the
applicant prior to the expiration of the six (6) month period.
(C) Hardship Statement. All applications for a variance shall include
a letter of intent indicating the specific nature of the hardship
upon which the request is based.
(D) Property Survey Required. All applications for a variance shall
include a current property survey prepared by a registered
surveyor.
(E) Neighborhood Concurrence. All applications for a variance shall
be accompanied by a map which reflects all properties and the
names of all property owners within a five hundred (500) foot
radius of the subject property. The applicant shall obtain and
submit the signatures of at least twenty (20) percent of such
PB 06 -018
Variance Request —5841 SW 63Ave.
June 20, 2006 -
Page 4 of 4
property owners, indicating their awareness of the proposed
variance request.
(F) Proposed Site Plan Required. A site plan shall be required
showing all proposed buildings and setbacks and any other
features relating to the variance request.
(G) Permitted Variance Requests. Applications for variances shall be
restricted to only the following:
(1) Yard setbacks
(2) Lot size
(3) Lot coverage
(4) Building height
(5) Fences and walls
(6) Impervious coverage
(7) Off- street parking
(8) Open space
(9) Signs
(10) Landscaping
• Land Development Code Section 20- 6.1(B)(3)(h) - Powers and duties Planning
Board
(h) The board shall review and make recommendations on all applications for
variances from the requirements of this Code for yard setbacks, lot size, lot
coverage, building height, fences and walls, impervious coverage, off-street
parking, open space, signs and landscaping. Recommendations for a variance
shall be made only when necessary to relieve particular hardships or
extraordinary conditions relating to a specific property, and when the strict
application of a particular regulation would result in peculiar and exceptional
hardship upon the owner of such property as distinguished from reasons of
convenience, profit or caprice.
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes/Regular Meeting
Tuesday, June 20, 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 7:31 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. 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 Mr. Farfan and Ms. Yates.
Board members absent: None
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
Applicant: Catherine Jay
Location: 5641 SW 63 Avenue
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A
ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR SETBACK
AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT
REAR SETBACK WHERE A MINIMUM 25 FOOT REAR SETBACK IS
REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY
RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 AVENUE, SOUTH
MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
Planning Board Meeting Excerpt
June 20, 2006
Page 2 of 3
Action: Mr. Beilman read the item into the record. Mr. O'Donniley explained that the
applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land
Development Code to allow the rear setback of 8 feet versus the required 25 foot setback in
an RS -3 Single Family Residential zone. The purpose of the variance request is to permit
the construction of a Florida room addition at the rear of the home. Also, Mr. O'Donniley
indicated that the applicant's property is an irregular shaped lot with a lot area of 10,140
sq.ft. Furthermore, the applicant's rectangular single family one -story house with 1,720
sq.ft. is located on the lot. He noted that the applicant's current plans are to add a 353 sq.
ft. room addition (28'x12') at the rear of the building. Due to the 25 foot required rear
setback the applicant will need a rear setback variance.
In addition, Mr. O'Donni ley provided the following staff observations:
• The applicant correctly states that the irregular shape of the lot resulted in the
construction of the house at an angle which makes it difficult to comply with the rear
setback regulation.
The applicant's claim of hardship due to the irregular shape of the lot is supportable
under the variance decision criteria set forth for the Planning Board in Section 20-
6.1(B)(3)(h) which states that "....a variance shall be made only when necessary to
relieve particular hardships or extraordinary conditions relating to a specific property,
and when the strict application of a particular regulation would result in peculiar and
exceptional hardship upon the owner of such property as distinguished from reasons of
convenience, profit or caprice.
• In order to provide a buffer between the room addition and the abutting properties to
the rear it would be appropriate to require a landscaping screen along the rear property
line.
Recommendation
Staff recommended that the variance request be approved with the following conditions:
(1) The room addition location and size must be as set forth on the submitted site plan,
prepared by Fernando Gomez -Pins, P.E. and dated 3 -30 -06 ;
(2) A opaque landscape buffer a minimum 5 feet in height shall be planted along the rear
property line from the northern edge of the room addition to the south boundary of the
property.
Applicant: Ms. Catherine(Jay applicant/homeowner)
Ms. Jay explained she has an irregular lot which caused the original construction of the
house to be at an angle which makes it impossible to comply with the rear setback
requirement. She indicated that she can not add to the left side of the house because on one
side she had the garage and kitchen and on the right side she does not have the required
Planning Board Meeting Excerpt
June 20, 2006
Page 3 of 3
setback. To conclude, she stated that the use of the proposed addition will give her more
space to spend time with her grandkids.
Chair Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Tucker Supported
Mr. Tucker stated that he believed that due to the irregular lot it did cause a hardship and
that the variance should be granted due to the hardship.
Payton Anness Supported
Mr. Payton indicated he was the neighbor to immediately to the south and he supported
adding in the Florida room. He stated he had no problem with the variance being granted.
At this time, the Board and staff discussed the application. Mr. Comendeiro inquired about
current concrete slab at the rear of the house. He commented that setbacks for the concrete
slab appeared to be different from setbacks for driveways.
Chair Morton closed the public hearing.
Motion: Ms. Lahiff moved to approve the application with the following conditions:
(1) The room addition location and size must be as set forth on the submitted site plan,
prepared by Fernando Gomez -Pina, P.E. and dated 3 -30 -06 ;
(2) A opaque landscape buffer a minimum 5 feet in height shall be planted along the rear
property line from the northern edge of the room addition to the south boundary of the
property.
Ms. Yates seconded the motion.
Vote: Ayes 6 Nays 1 (Mr. Comendeiro)
EAComm Items\2006 \7- 18- 06\Excerpt PB Min 6 -20 -06 Variance.doc
�. City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephoner (3 )05) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property:
Lot(s) 2 Block 9 Subdivision 'Rain Lakes
PB 57 - 82
Meets & Bounds: 5841 SW 63rd Ave Miami
FL 33143
Applicant:
Catherine Jay
Phone:
Representative:
Organization:
Address:
Phone:
Property Owner:
Signature:
Catherine Jay
Mailing Address:
5841 SW 63rd Ave, Miami, FL 33143
Phone:
-
Architect/Engineer:
Phone:
APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
M XOHE
wner 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: /
Text Amendment to LDC �_/ Variance
PLEASE CHECK ALL THAT APPLY:
_ 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
_ Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
_ 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
_ 20% Property owner signatures
Section: Subsection: Page #: Amended Date:
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
rrect to the best of the ap , cant's knowledge and belief.
App 'cant's Signature and title Date
Upon receipt, 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 and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PS Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
g /2/00
LETTER OF INTENT
DATE: May 24; 2006
TO: CITY OF SOUTH MIAMI
FROM: CATHERINE JAY
5841 SW 63RD AVE
MIAMI, FLA.
PROPERTY ADDRESS: 5841 SW 63RD AVE
FOLIO: 09- 4025- 039 -0540
REQUEST: TO PERMIT A FLORIDA ROOM ADDITION 28.4 FT X 12.45
TO BE SET BACK 7.6 FT WHERE 25 FEET IS REQUIRED.
PLEASE HAVE INTO CONSIDERATION THE FOLLOWING: THE LOT IS AVERY
IRREGULAR LOT THAT LOOKS LIKE A FAN AND THE LOCATION OF THE
ORIGINAL CONSTRUCTION OF THE HOUSE IS IN AN ANGLE. WHICH MAKES
IT IMPOSIBLE TO COMPLY WITH THE ZONING SET BACK REGULATIONS. I
CAN NOT ADD TO THE LEFT SIDE BECAUSE ON ONE SIDE I HAVE THE
GARAGE AND THE KITCHEN AND ON THE RIGHT SIDE I DO NOT HAVE THE
SET BACKS REQUIRED.
WE ARE A FAMILY WITH GRAND -KIDS THAT NEEDS A PLACE TO STAY
WITH ME AND PLAY AND WATCH TV.
I DO APPRECIATE ALL YOUR HELP IN THIS MATTER.
SINCERELY,
CATHERINE JAY
City of South Miami
PB -06 -018 Variance Request -Rear Setback
5841 SW 63`d Avenue
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500 Foot Radius Map
Approximate Scale: I"=250'
Address/Location: 5841 / SW / 63RD / AVE /
Legal Description: TWIN LAKES MANOR SUB
PB 57 -82
LOT 2 BLOCK 9
LOT SIZE 10140 SQR FEET
LOCATION SKETCH
.SCALE: _1" =10.0'
LEGAL DESCRIPTION
LOT 2 BLOCK 9
SUBDIVISION TWIN LAKES MANOR SUB.
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 57 AT PAGE 82 OF THE
PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
1 \�
24
ADDRESS:5841 SW. 63rd AVE. MIAMI. FL 33743 4 / / 28 /
FOLIO: 09-4025-039-0540
DATE OF FIELD SURVEY 03 /09/2006 /
FL555 ZONE AE COMMUNITY No. 120635 PANEL- 190 St)FnX- ,t DATE OF FIRM_ 0747,.95 BASE FLOOD: 9.00
(AMINATION- OF THE ABSTRACT OF TITLE HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS. IF ANY AFFECTING.
IE PROPERTY. LOCATION AND IDENTIFICATION OF UTILITIES ON AND /OR ADJACENT TO THE PROPERTY WERE NOT SECURED
>.SUCH.INFORMATION .WAS.NOT REQUESTED. OWNERSHIP IS SUBJECT TO OPINION OF TITLE. - UNDERGROUND
)UNDATION AND UTILITIES NOT LOCATED.
CATHERINE JAY
RDER No.:-0603-28
SALT R E. VE GA.
SATE 03/06//2006 PROFESSIONAL SURVEYOR MAPPER No.8106
. STATE OF FLORIDA
RAWN BY: M.C. NOT VALID UNI= SIGNED do IMOSSED SEAT, .
REVIOUS REF.:
ORDER No DATE DESCRF 1DN DRAWN BY
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-CARIBBEAN LAND SURVEYORS, INC.
11865 SW 26th ST. BLDG. I, SUITE 13, MIAMI, FL 33175
TELEPHONE: (305) 227 -6967 FAX: (305) 227 -7142
E —MAIL: CARTRRF.ANRTTRVVVrpbAnT rinll
MAP OF BOUNDARY SURVEY
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1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI,
6 FLORIDA, RELATING TO BOARDS AND COMMITTEES;
7 CREATING AN ELECTION PROCESS REVIEW ADVISORY
8 COMMITTEE; WHICH COMMITTEE SHALL REVIEW
9 THE CITY'S ELECTION CAMPAIGN POLICIES AND
10 PROCEDURES, AND VOTER PARTICIPATION; THE
11 ADVISORY COMMITTEE SHALL MAKE
12 RECOMMENDATIONS TO THE CITY COMMISSION
13 REGARDING SAME; APPOINTING COMMITTEE
14 MEMBERS; PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, pursuant to Article II section 8 of the charter, the Mayor with
18 the advice and consent of the Commission is empowered to establish such boards
19 and committees as it deems advisable; and,
20
21 WHEREAS, the Commission desires to appoint an Election Process
22 Review Advisory Committee, consisting of five members, to work with the City
23 Manager, the City Clerk and staff to review the city's election policies and
24 procedures, and voter participation, and to make recommendations to the
25 Commission for any possible reform of those regulations which fall under the
26 City's jurisdiction.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
29 THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
30 THAT:
31
32 Section 1. The City Commission hereby creates the Election Process
33 Review Advisory Committee. The committee shall consist of five members. The
34 committee shall work with the City Manager, City Clerk and staff to review the
35 city's election campaign policies and procedures, and voter participation, and shall
36 make recommendations to the Commission on any possible reform of the City's
37 Code of Ordinances governing elections.
38
39 Section 2. The Commission appoints the following individuals to serve
40 on the committee:
41
Additions shown by underlining and deletions shown by oven, -ikin .
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Section 3. The committee members shall serve for a six month term, or
until a recommendation is accepted by the Commission, whichever date is sooner.
The committee members shall serve without compensation; provided, however,
the City will reimburse expenses incurred.
Section 4. A quorum for meeting shall be a majority of the members of
the committee.
Section 5. Meetings of the Election Process Review Advisory
Committee shall be subject to the Florida Sunshine laws, including the public
meeting law and the public records law. All meetings of the committee shall be
advertised by posting a notice on the bulletin boards at City Hall, and open to the
public.
Section 6. This resolution shall take effect immediately upon approval.
PASSED and ADOPTED this day of 52006.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
J:\My DocumentsVesolutions\Resolution Election Process Review Advisory Committee.doc
Page 2 of 2
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Maria M. Menendez, City Clerk
Date: July 18, 2006 ITEM No.
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPROPRIATIONS FOR THE FEBRUARY 14, 2006 GENERAL AND
SPECIAL ELECTION FOR THE CITY OF SOUTH MIAMI;
APPROVING THE EXPENDITURE OF $12,299.57 FOR ELECTION
COSTS; CHARGING $3,920.50 [PREVIOUSLY APPROVED VIA
RESOLUTION NO. 152 -05- 121311; ALSO, CHARGING $3,164.13
FROM ACCOUNT NO. 1200 - 512 -4920; AND CHARGING $5,214.94
FROM ACCOUNT NO. 2100 - 519 -9920; PROVIDING AN EFFECTIVE
DATE.
Request: Authorizing the City Manager to do the necessary appropriations in order to speed
payment of the past due invoice in the amount of $ 12,299.57 which the Elections
Department graciously granted us an extension upon our request.
Background Information:
The total cost of the elections was $14,214.94, but the budget amount for the February
14, 2006 elections was $9,000. The reasons for going over and above the budgeted
amount was: The cost for early voting and the cost for extra security as per the
direction of the City Commission; in addition, the cost of the election as a whole was
higher than that of our 2004 election which was the basis for our estimate.
Backup:
• Proposed Resolution
• Miami -Dade County Elections Dept. Inv. No. SM- 021406
• Res. No. 152 -05 -12131
JAMy DocumentsNemo agenda 7 -18 -06 (2).doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPROPRIATIONS FOR THE FEBRUARY 14, 2006 GENERAL
AND SPECIAL ELECTION FOR THE CITY OF SOUTH MIAMI;
APPROVING THE EXPENDITURE OF $12,299.57 FOR
ELECTION COSTS; CHARGING $3,920.50 [PREVIOUSLY
APPROVED VIA RESOLUTION NO. 152 -05- 121311; ALSO,
CHARGING $3,164.13 FROM ACCOUNT NO. 1200 -512 -4920; AND
CHARGING $5,214.94 FROM ACCOUNT NO. 2100 -519 -9920;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of South Miami approved
Resolution No. 43 -05 -1865, relating to the 2006 General and Special Election of the
Mayor and City Commission for Groups I and IV; and,
WHEREAS, the City budgeted $9,000 to cover the cost of the election; and,
WHEREAS, the City received an invoice from the Miami -Dade County Elections
Department totaling $12,299.57, which amount exceeds the city's budgeted line item for
the election costs; and,
WHEREAS, on November 15, 2005 the City Clerk came before the City
Commission under Resolution no. 152 -05- 12131, requesting an additional $3,920.50, to
be used to cover additional labor costs associated with the election; and,
WHEREAS, the $3,920.50 in previously approved funds should be distributed to
the Miami -Dade County Elections Department to pay off a portion of the City's election
costs; and,
WHEREAS, as of June 18, 2006, the existing balance on account no. 1200 -519-
4920 is $7,084.63, which should be distributed to the Miami -Dade County Elections
Department to pay off a portion of the City's election costs; and,
WHEREAS, as of June 18, 2006, the existing balance on account no.: 2100 -519-
9920 is $53,301.00, and $5,214.94 should be distributed to the Miami -Dade County
Elections Department to pay off the balance of the City's election costs.
WHEREAS, the office of the City Clerk recommends payment of the attached
invoice no. SM- 021406 dated April 13, 2006.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Additions shown by underlining and deletions shown by ever-s#ikifi .
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Section 1. The invoice for election costs received from Miami -Dade County
Elections Department, in the total amount of $12,299.57 are approved for payment;
charging $3,920.50 and $3,164.13 to account no. 1200 -519 -4920; and $5,214.94 to
account no. 2100 -519 -9920.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 180' day of July 2006.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo
Nagin Gallop Figueredo, P.A.
Office of the City Attorney
JAMy DocumentsVesolutions \Resolution election costs 2006.doc
Page 2 of 2
I:1' ' 1 1via 13
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Beckman:
Commissioner Birts:
Commissioner Palmer:
4
Customer
Name
Address
City
Contact
RECEIVE APR 19 2006 JV
Miami -Dade County Elections Depart LY. CLERK'S OFFICE
e No. SM- 021406
2700 NW 87th Avenue Invoic
Miami, Florida 33172
INVOICE
City of South Miami
6130 Sunset Drive
S. Miami
INVOICE
State FL ZIP 33143
Maria M. Menendez, Clerk _
Misc
Date 4/13/2006
Order No. _
Rep
FOB
Qty
Description
Unit Price
TOTAL
General and Special Election - 2/14/06 - 6,725 Registered Voters
Ballot Printing /Shipping Charges
$ 495.00
Absentee Ballot Postage Charges
$ 116.55
Precinct Supplies
$ 400.00
Ballot Creation/Tabulation
$ 1,300.00
Labor /Overtime (Seasonal)
$ 802.74
Labor /Overtime (Staff)
$ 4,261.75
Election Specialist Telephone Charges
$ 120.00
Precinct Telephone Activation Charges
$ 240.00
Translation Charges
$ 550.00
Security
$ 2,309.67
Early Voting
$ 1,703.86
Total I $ 12,299.57
Payment Tax Rate(s)
Please make check payable to the Board
Comments of County Commissioners and submit TOTAL $ 1.2,299.57
submit payment to Ms. Maria Saboya,
Deputy Supervisor of Finance and
Administration
PO. #
p.
Ar;} 5,04%4%7 OPEN P.O.:❑
INANCE ' I*,5101_�;tyf111(i.[ Wii Y
CENTRAL SERVICES DATE
MIA�MI�DADE
ADA Coordination
Agenda Coordination
Animal Services
Elections
2700 NW 87th Avenue
Miami, Florida 33172
T 305 - 499 -VOTE F 305 - 499 -8547
TTY: 305 - 499 -8480
miamidade.gov
Art in Public Places
Audit and Management Services
Aviation
Building
April 17, 2006
Building Code Compliance
Business Development
Capital Improvements
Citizens' Independent Transportation Trust
Commission on Ethics and Public Trust
Maria M. Menendez, City Clerk
Communications
City of South Miami
Community Action Agency
6130 Sunset Drive
Community & Economic Development
South
South Miami, FL 33143
Community Relations
Consumer Services
Corrections & Rehabilitation
Subject: Invoice for General & Special Election, 02/14/06
Cultural Affairs
Elections
Dear Ms. Menendez:
Emergency Management
Employee Relations
Empowerment Trust
Enclosed please find the invoice detailing the election costs associated with
Enterprise Technology Services
the February 14, 2006 General & Special Election for the City of South
Environmental Resources Management
Miami.
Fair Employment Practices
Finance
Fire Rescue
If you have any questions regarding this invoice or require additional
General Services Administration
information, please do not hesitate to contact Ms. Maria Saboya, Deputy
Historic Preservation
Supervisor of Elections, Finance & Administration, at (305) 499 -8568 or
Homeless Trust
myself.
Housing Agency
Housing Finance Authority
Sincere
Human Services
,
Independent Review Panel
International Trade Consortium
Juvenile Services
Medical Examiner
Lest r Sola
Metro -Miami Action Plan
Supervisor of Elections
Metropolitan Planning Organization
Park and Recreation
Planning and Zoning
Encl
Police
Procurement Management
Property Appraisal
Public Library System
Public Works
Safe Neighborhood Parks
Seaport
Solid Waste Management
Strategic Business Management
Team Metro
RECEIVED
Transit
Task Force on Urban Economic Revitalization
p� g
J U o �o�
Vizcaya Museum And Gardens
.
Water &Sewer
Ii T11 V
` � CE DEPT
RESOLUTION NO. 1 5 2 _ () r; _ 121 -j 1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO THE FEBRUARY 14, 2006 GENERAL
ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I AND
IV; PROVIDING FOR ADDITIONAL LABOR HOURS TO CONDUCT EARLY
VOTING IN THE AMOUNT OF $3,920.50 TO BE CHARGED TO ACCOUNT NO.
011- 1200 -512 -4920 "ELECTIONS"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of South Miami desires to schedule the day, place
and time of early voting by resolution; and
WHEREAS, the early voting requires additional Miami -Dade County Election's Office staff
labor hours to conduct early voting; and
WHEREAS, the amount of $3,920.50 to pay for the additional labor to conduct early voting will
be charged to account no. 011- 1200 - 5124920, with a current balance of $ 9,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That early voting for the 2006 General Election will be conducted Thursday, and
Friday, February 9 and 10, with the polls opening precisely at 7:00 a.m., and closing precisely at 3:00
p.m.; and Saturday, February 11, with the polls opening precisely at 9:00 a.m., and closing precisely at
5:00 p.m..
Section 2. Voting shall be conducted at City Hall, 6130 Sunset Drive, South Miami, Florida.
Section 3. The City Clerk shall publish notice of such general election once a week for four
consecutive weeks next preceding the general election in a newspaper of general circulation in South
Miami. The notice shall contain the date, time, and place of the general election and identify the
commission groups.
Section 4. This resolution shall become effective upon adoption thereof.
PASSED AND ADOPTED this /AY of 005.
ATTEST:
CLERK
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
Yea
Yea
Yea
Yea
Nay
Additions shown by underlining and deletions shown by end g.
South Miami
ANUMcaCky
�ED
NCoO CITY OF SOUTH MIAMI
� I �
1RPORATED 92 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 r
From: Don O'Donniley, Planning Director
Date: July 18, 2006
Subject: A RESOLUTION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE SMCRA
EXECUTIVE DIRECTOR TO INITIATE A BUDGET TRANSFER IN THE AMOUNT
OF $10,000 FROM ACCOUNT NO. 610 - 1110 - 553 -99 -30 (RESIDENTIAL
REHABILITATION GRANTS ACCOUNT) TO ACCOUNT, NO. 610 - 1110 - 551 -99 -32
(WOUNDED HEALER'S / APPRENTICESHIP JOB TRAINING ACCOUNT) TO
CONTINUE OPERATION OF THE WOUNDED HEALERS RESIDENTIAL
REHABILITATION AND TRAINING PROGRAM FOR THE REMAINDER OF THE
05/06 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE.
Request: On October 18, 2005, the City Commission approved the FY 05/06 SMCRA Budget
including budget line item funding in the amount of $52,500 for the Wounded Healers and
Apprenticeship Job Training Programs (See Exhibit 1). Based on an initial $35,000
request from Wounded Healers, $30,000 was allocated to the Program to provide hands -on
job training and home refurbishment services. As part of the total funding allocation, the
SMCRA agreed to provide monthly payments to Wounded Healers for program expenses
including rent, utilities and maintenance (See Exhibit 2).
During the current fiscal year, Wounded Healers completed twenty -two home
refurbishment projects (See Exhibit 3) while providing hands -on job training to eligible
SMCRA residents. Based on completion of these projects, Wounded Healers has expended
the total funding allocation provided for in the FY 05/06 Budget. In order to continue
operation of the program, Wounded Healers has requested additional $10,000 for the
remainder of the 05/06 Fiscal Year.
The SMCRA currently has $27,500 in available funding in Account No. 610- 1110 - 553 -99-
30 (Residential Rehabilitation Grant Account). The SMCRA also has three pending
residential rehabilitation grant applications totaling $10,000. If funding is awarded to all
three applicants, the remaining balance in the Residential Rehabilitation Grant Account
will be $17,500. To continue operation of the Wounded Healers Program, a budget transfer
in the amount of $10,000 can be initiated from the Residential Rehabilitation Grant
Account to the Wounded Healers /Apprenticeship Job Training Program Account. Upon
completion of the budget transfer, the remaining balance in Account No. 610- 1110 -553-
99 -30 (Residential Rehabilitation Grant Account) will be $7,500 and the resulting balance
in Account No. 610- 1110 - 551 -99 -32 (Wounded Healers Program Account) would be
$10,000.
Staff recommends approval of the attached resolution authorizing the Executive Director to
initiate a budget transfer in the amount of $10,000 from Account No. 610 -1110- 553 -99 -30
(Residential Rehabilitation Grants Account) to Account No. 610 - 1110 - 551 -99 -32
(Wounded Healers /Apprenticeship Job Training Account) to continue operation of the
Wounded Healers Program for the remainder of the 05/06 Fiscal Year.
Backup Documentation:
Draft Resolution
FY 05106 SMCRA Approved Budget
SMCRA Resolution Approving FY 05106 Wounded Healers Agreement
Wounded Healers Completed Project Examples
YSM/DOD /SD /JM E: \CC \SMCRA Budget Amendment.doe
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY SOUTH MIAMI RELATING TO RESIDENTIAL
6 REHABILITATION; AUTHORIZING THE SMCRA EXECUTIVE
7 DIRECTOR TO INITIATE A BUDGET TRANSFER IN THE AMOUNT OF
8 $10,000 FROM ACCOUNT NO. 610 - 1110 - 553 -99 -30 (RESIDENTIAL
9 REHABILITATION GRANTS ACCOUNT) TO ACCOUNT NO. 610 -1110-
10 551 -99 -32 (WOUNDED HEALER'S / APPRENTICESHIP JOB TRAINING
11 ACCOUNT) TO CONTINUE OPERATION OF THE WOUNDED HEALERS
12 PROGRAM FOR THE REMAINDER OF THE FY 05/06 FISCAL YEAR;
13 AND PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, on October 18, 2005, the City Commission approved the FY 05/06
16 SMCRA Budget including a $52,500 budget line item for the Wounded Healers and
17 Apprenticeship Job Training Programs; and
18
19 WHEREAS, of the total allocated funding, $30,000 was awarded to the Wounded
20 Healers Program to provide hands -on job training for unskilled SMCRA residents in addition to
21 providing single - family home refurbishment services in the SMCRA community; and
22
23 WHEREAS, as part of the current agreement with Wounded Healers, the SMCRA has
24 agreed to provide monthly payments for program expenses including rent, utilities and
25 maintenance; and
26
27 WHEREAS, during the 05/06 Fiscal Year, the Wounded Healers Program completed
28 home refurbishment of twenty two single - family homes in the SMCRA District and has now
29 expended the total funding allocation provided for in the FY 05/06 Budget; and
30
31 WHEREAS, Wounded Healers Inc. has requested that additional funding in the amount
32 of $10,000 to continue operation of the Job Training and Residential Rehabilitation Program for
33 the remainder of the 05/06 Fiscal Year; and
34
35 WHEREAS, the SMCRA currently has $27,500 in available funding in Account No.
36 610- 1110 - 553 -99 -30 (Residential Rehabilitation Grant Account); and
37
38 WHEREAS, the SMCRA currently has three pending residential rehabilitation grant
39 applications totaling $10,000;
1,
41 WHEREAS, if the total funding request is awarded to all three applicants, the remaining
42 balance in Account No. 610 -1110- 553 -99 -30 (Residential Rehabilitation Grants Account) will be
43 $17,500; and
44
1
I WHEREAS, to continue operation of the Wounded Healers program for the remainder
2 of the 05106 Fiscal Year, a budget line item transfer in the amount of $10,000 will be required
3 from Account No. 610 - 1110 - 553 -99 -30 (Residential Rehabilitation Grants Account) to Account
4 No. 610 - 1110 - 551 -99 -32 (Wounded Healers /Apprenticeship Job Training Account).
5
6 WHEREAS, following a budget transfer in the amount of $10,000, the remaining balance in
7 Account No. 610 - 1110 - 553 -99 -30 (Residential Rehabilitation Grants Account) will be $7,500
8 and the resulting balance in Account No. 610 - 1110 - 551 -99 -32 (Wounded Healers Job Training
9 Account) will be $10,000.
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI THAT:
Section 1. The City Commission. authorizes the SMCRA to initiate a budget transfer
in the amount of $10,000 from Account No. 610 - 1110 - 553 -99 -30 (Residential Rehabilitation
Grants Account) to Account No. 610 - 1110 - 551 -99 -32 (Wounded Healers /Apprenticeship Job
Training Account) to continue operation of the Wounded Healers Program for the remainder of
the FY 05/06 Fiscal Year.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of July, 2006.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
u�f`(lT:7
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner: Palmer
Commissioner Birts:
Commissioner Beckman:
CADocuments and Settings \SRothstein\My Documents\Reso- Ord\CC Resolution - Wounded Healers.doc
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EXHIBIT 2
RESOLUTION NO. CRA 17 -06 -210
A RESOLUTION OF THE SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY ( SMCRA) RELATING TO JOB
TRAINING AND RESIDENTIAL REHABILITATION; AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE A GRANT AGREEMENT
BETWEEN THE SMCRA AND THE ST. JOHN AME CHURCH
WOUNDED HEALERS RESIDENTIAL REHABILITATION TRAINING
PROGRAM FOR A TOTAL CONTRACT AMOUNT OF $6,101.07; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, during the September 30, 2005 SMCRA Meeting, The Board
approved a $52,500 budgeted line item to fund Wounded Healers Inc. and the
Apprenticeship Job Training Programs; and
WHEREAS, the total amount of $30,000 has been designated as funding for
the Wounded Healers Training and Housing Rehabilitation Program; and
WHEREAS, Wounded Healers currently offers job training for unskilled
SMCRA residents in conjunction with providing rehabilitation services for
deteriorating homes in the SMCRA District; and
WHEREAS, program trainees work with general contractors as day laborers
and assist in the rehabilitation of homes in the SMCRA Community; and
WHEREAS, the objectives of the program are to provide marketable skills
to unskilled SMCRA residents and to assist in improving housing stock in the
Community; and
WHEREAS, during the November 14, 2005 SMCRA Meeting, the Board
reviewed grant criterion and mandatory administrative requirements for the
Program; and
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY BOARD FOR THE CITY OF SOUTH MIAMI,
FLORIDA:
Section 1. Homeowners may be eligible for Wounded Healers Rehab Services
and corresponding payments shall be disbursed by the SMCRA based on the following
criterion:
A) Grant recipients shall submit a completed written application to Wounded
Healers Inc.
B) Grant recipients shall be current residents of the SMCRA District.
Pagel of 2
C) Grant recipients shall not be an absentee property owners.
D) Grant approval preference shall be given to elderly residents and lower
income families.
Section 2. Wounded Healers Inc. shall provide the following documentation
to the SMCRA prior to the disbursement of payments:
A) Proof of valid liability insurance.
B) Copy of a release of liability insurance.
C) Proof of valid contractors license.
D) Proof of trainee residency status in the SMCRA District.
E) Hourly salary rates for eligible program trainees.
F) Copies of all signed program trainee timesheets.
G) Original material invoices for all project related supplies.
H) Before and after photographs of all completed rehabilitation
proj ects.
Section 3. The SMCRA shall provide payments in the amount of $695.00 to
Wounded Healers Inc. for monthly operating expenses including rent, utilities and
maintenance. Monthly payments in the amount of $695.00 are based upon a calculated
average of previous monthly operating expenditures incurred by Wounded Healers Inc.
Section 4. Attached as Exhibit 1 is the Agreement between the SMCRA and
St. John Church's Wounded Healers Inc. which contains additional terms and conditions
for providing a grant to Wounded Healers Inc. in the amount not to exceed $6,101.07.
Section 5. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 10th day of Anri1, 2006.
ATTEST:
/ 1! IN*
READ AND APPROVED AS TO FORM:
Board Vote:
Chair Feliu:
Vice Chair Wiscombe:
Member Palmer:
Member Bins:
Member Beckman:
Member Ellis:
ENER
AL<OUNSEL Member, Williams:
JAMy. currents \CRA RESOLUTIONS 2006 \CRA Reso wounded healers (04 -10 -06 meeting).doe
Page 2 of 2
5 -0
absent
Yea
absent
Yea
Yea
Yea
Yea
BEFORE PHOTOS
EXHIBIT 3
AFTER PHOTOS'
6120 SW 63rd Street, South Miami, Florida 33413
6289 SW 60th Avenue, South Miami, Florida 33413
I
6440 SW 58th Avenue, South Miami, Florida 33413
BEFORE PHOTOS
BEFORE
AFTER PHOTOS -
16066 6066 SW 60th Avenue, South Miami, Florida 33413
6105 SW 64 nd Terrace, South Miami, Florida 33413
BEFORE PHOTOS
AFTER PHOTOS
"d
4017 SW 62. . Terrace, South Miami; Florida 33413
6031 SW 62nd
Terrace, South Miami, Florida 33413
South Miami
JuWW rical9 Y
CITY OF SOUTH MIAMI 11111.1
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
r
From: Don O'Donniley, Planning Director
Date: July 18, 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; AMENDING REGULATIONS RETAINING TO
PARKING REDUCTIONS IN THE HOMETOWN OVERLAY ZONE IN ,ORDER
TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY
COMMISSION 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. Th 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:
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 ninth 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 5 -30 -06
1999 Ordinance
Public notices
DOD/SAY
E: \Comm Items\2006 \7- 18- 06\PB -06 -016 CM Cover report.doc
I
1
2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
6 LAND DEVELOPMENT CODE; AMENDING REGULATIONS
7 RETAINING TO PARKING REDUCTIONS IN THE HOMETOWN
8 OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A
9 FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND
10 SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE
11 REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD
12 OF NINE MONTHS, THEREBY ENABLING THE CITY TO
13 EVALUATE RECOMMENDATIONS OF THE ZONING TASK
14 FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD
15 PERTAINING TO THE REDUCTION OF REQUIRED PARKING
16 SPACES AND TO PREPARE NECESSARY AMENDMENTS;
17 PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN
18 CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING
19 THIS TIME PERIOD; PROVIDING FOR SEVERABILITY,
20 ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
21 DATE
22
23 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H), and 20- 7.6(B) of the South Miami Land
24 Development Code all allow for a reduction in required off street parking; and
25
26 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has
27 highlighted the need to reevaluate ' parking regulations contained within the South Miami Land
28 Development Code; and
29
30 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8-
31 99 -1682, amending regulations retaining to parking reductions in the Hometown Overlay Zone in
32 order to require approval by a four /fifths vote of the City Commission and suspending the Land
33 Development Code sections referred to above for a period of nine months ;and
34
35 WHEREAS, the City Commission at several subsequent meetings, adopted ordinances
36 extending for additional periods the amendments and suspensions of the Land Development Code
37 sections referred to above; and
38
39 WHEREAS, the amendments and suspensions of the Land Development Code sections
40 referred to above expired on April 26, 2006; and
41
42 WHEREAS, the purpose of the amendments and the suspensions was to afford staff and
43 citizens an adequate time period to reevaluate the City's parking regulations and propose any
44 necessary changes; and
45
46 WHEREAS, the necessary evaluation and studies carried out by the Zoning Task Force, the
47 Parking Committee, and the Planning Board are sufficiently completed to determine what
48 amendments are needed; and
49
50 WHEREAS, the at the City Commission meeting on May 2, 2006 it was requested that
51 consideration be given to extending the moratorium to Section 20 -7.6 (C) which permits payment
52 into the Parking Infrastructure Trust Fund in lieu of providing required spaces; and extending the
1 moratorium to the parking space reductions provided Section 20 -8.10, TODD — Bonus Allocations;
2 and
3
4 WHEREAS, it is appropriate to provide an additional nine (9) months to draft legislation,
5 conduct public hearings, and adopt the proposed revisions to the sections of the Land Development
6 Code which allow for parking reductions; and
7
8 WHEREAS, the Planning Board at its May 30, 2006 meeting, after a public hearing,
9 adopted a motion by a vote of 6 ayes 0 nays, recommending approval of the proposed ordinance
10 which re- instates and expands the parking moratorium.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
13 OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B)
16 entitled "Required Parking," and the payment in lieu of parking provided for in Section 20 -7.6 (C)
17 (2) entitled "Procedure" of the South Miami Land Development, are hereby amended as set forth
18 below for a period of nine (9) months for the purpose of reviewing the effects and appropriateness
19 of the adjustment provisions on the future developments, as follows:
20
21 (B) Required Parking. Within the Hometown District, the following adjustments to the
22 number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
23
24 1. On- street spaces adjacent to a lot shall count toward the parking requirements for
25 that lot; a partial space longer than 11' shall count as a full space.
26
27 2. Where arcades are optional, buildings with arcades shall receive an additional 5%
28 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 number
33 of spaces.
34
35 b. Buildings of two or more stories with uses from two of the three use
36 categories provided herein under "Permitted Uses," each use constituting
37 no less than 30% of the gross floor area, shall receive a 30% reduction in
38 the required number of spaces.
39
40 C. Buildings of three or more stories with uses from each of the three use
41 categories provided herein, each use constituting no less than 25% gross
42 floor area, shall receive a 45% reduction in the required number of spaces.
43
44 4. For new buildings greater than 25,000 spft., changes of use and
45 additions greater than 10,000 square feet, the allowable parking
46 adjustments identified in subparagraphs (2) and (3), above, shall
47 require the affirmative vote of four (4) members of the City
48 Commission and follow those procedures established for special use
49 permits as set forth in Section 20- 5.8(B) through (F), and shall follow
50 those procedures for public hearings set forth in Section 20 -5.1 through
51 20 -5.6.
52
3
1
5.
For new buildings not exceeding 25,000 sqft., changes of use and
2
additions not exceeding 10,000 square feet, the allowable parking
3
adiustments identified in subparagraphs (2) and (3), above, shall
4
continue to be as provided.
5
6
7
6.
For replacement of an existing building, completely damaged due to
8
natural or man made disaster, the allowable parking adjustments
9
identified in subparagraphs (2) and (3), above, shall continue to be as
10
provided.
11
12
(C)
Procedure.
13
14
(1)
The required number of spaces shall first be calculated pursuant to Section
15
20 -7.12 for each permitted use. The appropriate reduction in parking spaces
16
shall then be calculated as provided in Section 20 -7.6B above. If the
17
reduction calculated includes a fraction less than a whole number, the
18
reduction calculated shall be rounded up and subtracted from the required
19
(unadjusted) number of spaces to determine the adjusted parking
20
requirement.
21
22
(2)
The difference between the number of spaces provided, including on street
23
parking, and the number of spaces required shall then be determined. If
24
there are fewer spaces provided than required for existing structures only,
25
the applicant must pay into the Parking Infrastructure Trust Fund a fee, as
26
determined from time to time by the parking committee, reflecting the
27
actual land and construction costs for parking, for each space required but
28
not provided. Monies paid into the Parking Infrastructure Trust Fund shall
29
be placed in a trust account separate from general funds and may be used
30
only for improvements to the city parking infrastructure to increase parking
31
capacity or to enhance use of existing parking capacity.
32
33
(3)
Historic or contributive buildings are exempt from all parking requirements.
34
35 (4) Any changes in use in a building will require a re- calculation in the required
36 parking pursuant to (B) above. If the new combination of uses requires
37 additional parking spaces, a fee, as determined from time to time by the
38 parking committee, must be paid into the Parking Infrastructure Trust Fund.
39 If fewer spaces are required, no refunds will be paid.
40
41
42
43 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via
44 Special Parking Permit," is hereby suspended for a period of nine (9) months for the purpose of
45 evaluating the effects and appropriateness of this provision on future developments.
46
47 Section 3: Section 204.4(G), entitled "Joint Use Spaces via Special Parking Permit,"
48 is hereby suspended for developments within the boundaries of the Hometown District for a
49 period of nine (9) months for the purpose of evaluating the effects and appropriateness of
50 this provision on future developments within the Hometown District.
El
2 Section 4: Section 20 -8.10, entitled "Bonus allocations," is hereby modified as set
3 forth below to eliminate the parking reductions and parking bonuses for developments within the
4 boundaries of the Transit Oriented Development District (TODD) for a period of nine (9) months
5 for the purpose of evaluating the effects and appropriateness of this provision on future
6 developments within the TODD District.
7
8 20 -8.10 Bonus allocations.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Action
Bonus
AWWO
Area evep
Agere than three=""
2044 par4kin.
For every 1 floor of
I 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
property or easement line.
Section 5: The ordinance shall not apply to any development for which an application
for development permit was submitted prior to the 1St reading.
Section 6: All ordinances, resolutions and parts thereof, in conflict with this
ordinance shall not be in force and effect during the time period of this ordinance.
Section 7: If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 8: This ordinance shall take effect immediately at the time of its passage.
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PASSED AND ADOPTED this day of 2006.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
CITY COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman
E: \Comm Items\2006 \7- 18- 06\Parking moratorium Extension Ord 2006.doc
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) feetlom 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, 5 -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 parking 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. 8 94.2
OTHER REGULATIONS
20-4.4
Uses
Weekdays
Weekends
Office or
100%
5%
10%
5%
5%
Bank
Retail
60%
20%
60916
60%
5%
Hotel
50%
60%
.60%
100%
75%
Restaurant
50%
75%
75%
90 %n
10%
Theater
10%
70%
60%
90%
10%
Nightclub
5%
50%
5%
100%
90%
6 a.m.
6 p.m.
6 am.'
6 p.m.
12 a.m.
through
through
through
through-
through
6 p.m.
6 am.
6 p.m.
12 a.m.
6 a.m.
Apartment or
10%
100%
75%
100%
100%
Townhouse
Other Uses
100%
100%
100%
'100%
100%v
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.
P(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 Metrollail 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 parking
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).
Note —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(M in the
Hometown District for a period of 60 months.
(n 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 the 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 Parking Committee charged with oversight of the
supply, convenience, safety, and management of parldag. 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 -4.4 (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 spaces.
(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.
Supp. No. 8
149
z�
SOUT4
U y •,
To: Honorable Chair and
Planning Board Members
From: Don O'Donniley
Planning Director
South Miami
Alit Ni
t '
2001
Date: May 30, 2006
Re: Modifying and suspending
certain provisions of Land Development
Code relating to parldng
PBPB
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH NIIAMI, 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 PARKNG 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 April 26, 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 vicinity of the Metro-Rail station. These were:
(2)
(1) Sec. 20-4.4 (I) 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.
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 -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. Attached is an excerpt from the document adopted by the
Planning Board.
RECOM ENDATION
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 LDC Parking Regulations Chapter
1999 Ordinance
Public notices
DOD /SAY
E :\PBT13 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 .For Payment in lieu of providing required parkin
(a) The required number of spaces shall first be calculated pursuant to Seetien 20 7,12 for each
permitted use. The appropriate reduction in parking spaces shall then be calculated as provided
in Smien 29 ' `D (1) (nor. (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 ,
may substitute required parkine 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 buildinn 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 spaces 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 adiusted annually based upon the current
construction index.
d
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
43 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
18 .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
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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
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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
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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
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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
M
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
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44 WHEREAS; the Mayor and City Commission continue to provide leadership in
45 areas of community concerns.
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47 .
48 NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY
I Section 1: The automatic parking adjustments allowed pursuant to Section 20-
2 7.6(B) of the South Miami Land Development. entitled "Required Parking," are hereby
3 modified for a period of nine (9) months for the purpose of reviewing the effects and
4 appropriateness of the adjustment provisions on the future developments, as follows:
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(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (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 I F shall count as a full
space.
2.. Where arcades are optional, buildings with arcades shall receive an
additional 5% reduction in the required number of spaces.
3. In addition to the above, one of the following may apply:
a. Two -story buildings shall receive a 15% reduction in the required
number of spaces.
b. Buildings of two or more stories with uses from twn of the three use
categories provided herein under "Permitted Uses," each use
constituting no less than 30% of the gross floor area, shall receive a
30% reduction in the required number of spaces.
C. Buildings of three or more stories with uses from each of the three
use categories provided herein, each use constituting no less than
25% gross floor area, shall receive a 45% reduction in the required
number of spaces.
identified in subparagraphs (2) and (3). above. shall require the affirmative
vote of four (4) members of the Citv Commission and follow those
procedures established for special use permits as set forth in Section 20-
5.8(B) through M. and shall follow those procedures for public hearings set
forth in Section 20 -5.1 through 20 -5.6.
5. For new buildings not exceeding 258.000 sgft.. changes of use and
additions not exceeding 10.000 square feet. the allowable parking
adjustments identified in subparagraphs (2) and (3). above. shall continue to
be as provided.
I Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via
? Special Parking Permit," is hereby suspended for a period of nine (9) months for the
3 purpose of evaluating the effects and appropriateness of this provision on future
4 developments.
5
6 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking
7 Permit," is hereby suspended for developments within the boundaries of the Hometown
8 District for a period of nine (9) months for the purpose of evaluating the effects and
9 appropriateness of this provision on future developments within the Hometown District.
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11 Section 4: The ordinance shall not apply to any development for which an
12 application for development permit was submitted prior to the I" reading.
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14 Section 5: All ordinances, resolutions and parts thereof, in conflict with this
15 ordinance shall not be in force and effect during the time period of this ordinance.
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17 Section 6: If any section, clause, sentence, or phrase of this ordinance is for any
18 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
19 shall not affect the validity of the remaining portions of this ordinance.
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21 Section 7: This ordinance shall take effect immediately at the time of its
22 passage.
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24 PASSED AND ADOPTED this 4th day of May 1999.
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26 ATTEST:
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29 CITY CLERK
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31 READ AND APPROVED AS TO FORM:
33 l
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34 CITY ATTORNEY
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c:)
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1st Reading: 3/2/99
2nd Reading: 5/4/99
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
\parking modification study ord.docl Planning Board
T&cEIvFD �
MAY 1 31999
5 -0
Yea
Yea
Yea
Yea
Yea
ou
►, 4
U '"
INCORPORATE
1
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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.
IL 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) (I), 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
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'Donniley's 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
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA RELATING TO AMENDING THE CITY OF
SOUTH MIAMI CODE OF ORDINANCES, BY
REVISING CHAPTER 11 (GARBAGE & TRASH),
SECTION 11 -21(b) ENTITLED "EXTENT OF SERVICE
AND POINTS OF COLLECTION — DOMESTIC
TRASH" IN ORDER TO ALLOW THE PLACEMENT
OF LAWN YARD CLIPPINGS AT THE CURB FOR
COLLECTION NO MORE THAN SEVENTY -TWO (72)
HOURS PRIOR TO THE SCHEDULED PICKUP DAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 2005 certain homeowners have expressed that the provisions of
Chapter 11, Sec. 11- 21(b), which limits the placing of domestic trash at the curb for
collection to no more than seventy -two (72) hours prior to the scheduled pickup day,
constituted a hardship and thus, after public hearing, section 11 -21(b) was revised to
allow to place domestic trash out up to seven (7) days prior to pickup; and,
WHEREAS, since implementation of the revised code the city has appeared
sloppy and un- groomed and pubic works staff have voiced concerns over the new seven
(7) day process; and,
WHEREAS, public works has recommended the city go back to the seventy -two
(72) hour provision; and,
WHEREAS, after hearing the new concerns over the seven (7) day lawn clipping
provision, the Mayor and Commission recommended that the particular code provision be
amended as to regular lawn and yard clippings and amend the code back to its original
seventy -two (72) hour provision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1, Section 11 -21(b) Entitled "Extent of Service and Points of
Collection — Domestic Trash" of the South Miami Land Development Code is hereby
amended to read as follows:
Page 1 of 2
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(b) Domestic trash. Domestic trash in containers and bundled domestic trash shall be
placed at the curb for collection not more thean seventy -two (72) hours prior to be the
scheduled pickup day and removed from the curb within seventy -two (72) hours after
pickup. In no case shall the bundled trash weigh more than fifty (50) pounds or be longer
than four (4) feet in length. The amount of domestic trash shall not exceed the equivalent
in volume of two (2) 30- gallon containers for each collection. The collection procedure
for domestic trash as described herein may change due to emergencies and circumstances
beyond the control of the city. In such situations the collection of domestic garbage shall
be given priority. Grass, hedge clippings, leaves, branches and vines are not required to
be bundled as domestic trash and may be placed at the curb a maximum of 72 hours -7
days—before the scheduled pickup day. These items may be placed at the curb as
explained in subsection (c) below for special mechanized pickup on the scheduled pick
up day.
Section 2. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this of , 2006.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
ff_, • .
lst Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe
Commissioner Beckman:
Commissioner Birts:
Commissioner Palmer:
Page 2 of 2
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