Loading...
11-28-06CITY COMMISSION AGENDA City Commission Meeting Meeting date: November 28, 2006 Next Regular Meeting date: December 5, 2006 6130 Sunset Drive, South Miami, FL; 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) 1:00 p.m. a) Sunset Drive Improvements Conceptual Master Plan b) Certificates of Appreciation for Grey Ghost Cheerleaders. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of October 17, 2006 b) Minutes of November 13, 2006 2. City Manager's Report REGULAR CITY COMMISSION 1 AGENDA - NOVEMBER 28, 2006 3. City Attorney's Report a) Town Center special assessments requirements PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,. RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $46,124.99; CHARGING $46,124.99 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPROVING ATTY'S FEES FOR NGF IN THE AMT OF $46,124.99; CHARGING THE LEGAL SERVICES NON- RETAINER ACCT W /CURRENT BAL$ $122,350.68) 3/5 (City Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROBERTO ROJAS TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 27, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING ROBERTO ROJAS TO SERVE ON THE PENSION BD FOR A TERM OF 2 -YRS ENDING 11127108) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES;_ APPOINTING STEVE MACKINNON TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 27, 2008; AND PROVIDING AN EFFECTIVE DATE. -3/5 (A RESOLUTION APPOINTING STEVE MACKINNON TO SERVE ON THE PENSION BD FOR A TERM OF 2 -YRS ENDING 11127108) (Mayor Feliu) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING RICK FREEBURG TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 27, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING RICK FREEBURG TO SERVE ON THE PENSION BD FOR A TERM OF 2 -YRS ENDING 11/27/08) (Mayor Feliu) REGULAR CITY COMMISSION 2 AGENDA - NOVEMBER 28, 2006 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PENSION BOARD; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE VIDEO TAPING OF PENSION BOARD MEETINGS; AND PROVIDING AN EFFECTIVE DATE 3/5 (A DIRECTING THE CITY MANAGER TO PROVIDE FOR THE VIDEO TAPING OF PENSION BD MEETINGS) (Mayor Feliu) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT OF $35,000 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS FOR PHASE I OF THE INAUGURAL CITY TREE INVENTORY; PROVIDING AN EFFECTIVE DATE.. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $35,000 WITH THE FL DEPT OF AGRICULTURE AND CONSUMER AFFAIRS FOR PH I OF THE INAUGURAL CITY TREE INVENTORY) (City Manager) 10 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE SUNSET DRIVE IMPROVEMENTS CONCEPTUAL MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NECESSARY STEPS TO IMPLEMENT THE PLAN AS FUNDING BECOMES AVAILABLE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION ACCEPTING THE SUNSET DRI IMPROVEMENTS CONCEPTUAL MASTER PLAN AND AUTHORIZING THE CM TO PROCEED WITH NECESSARY STEPS TO IMPLEMENT THE PLAN) (City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING PUBLIC SCHOOL TEACHERS OF MIAMI -DADE COUNTY IN THEIR EFFORT TO GAIN INCREASED COMPENSATION; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION SUPPORTING PUBLIC SCHOOL TEACHERS OF MIAMI -DADE COUNTY IN THEIR EFFORT TO GAIN INCREASED COMPENSATION) 3/5 (Mayor Feliu) 12. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO'GROUP FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE DEVELOPMENT AND ADOPTION OF THE 2006 EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $35,000; CHARGING THE AMOUNT TO ACCOUNT NO. 01-1620 - 524 -3450, PLANNING CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 3 AGENDA - NOVEMBER 28, 2006 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE DEVELOPMENT AND ADOPTION OF THE 2006 EAR; APPROVING A CONSULTANT FEE IN THE AMT OF $35,000; CHARGING THE PLANNING CONSULTING SVCS ACCT W /CURRENT BAL$76,800) (City Manager) 13. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING AN ADJUSTMENT TO THE FY 06/07 ADOPTED BUDGET TO INCLUDE $3,024,000 IN ADDITIONAL REVENUES FROM A PROPOSED LONG-TERM LOAN WITH REGIONS BANK IN THE AMOUNT OF $2,730,000 AND PROJECTED GRANT REVENUES FROM THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) IN THE AMOUNT OF $294,000 AND AUTHORIZING THE AGENCY TO TRANSMIT THE ADJUSTED BUDGET TO MIAMI -DADE COUNTY FOR FINAL APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING AN ADJUSTMENT TO THE FY 06107 ADOPTED BUDGET TO INCLUDE $3,024,000 IN ADDITIONAL REVENUES FROM A PROPOSED LONG -TERM LOAN WITH REGIONS BANK IN THE AMT OF $2,730,000 AND PROJECTED GRANT REVENUES FROM (OCED) IN THE AMT OF $294,000 AND AUTHORIZING THE AGENCY TO TRANSMIT THE ADJUSTED BUDGET TO MIAMI -DADE COUNTY FOR FINAL APPROVAL) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING SECURITY MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; IMPOSING REQUIREMENT FOR - IDENTIFICATION MEASURES" FOR VISITORS TO CITY HALL; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING SECURITY MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; IMPOSING REQUIREMENT FOR "ID MEASURES" FOR VISITORS) (Vice Mayor Wiscombe) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (City Manager) 3/5 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN REGULAR CITY COMMISSION 4 AGENDA - NOVEMBER 28, 2006 COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. .4/5 (City Manager) 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63r' TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE 3/5 (Deferred 10117106) (City Manager) 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Deferred 10117106) (City Manager) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -26.10 RELATING TO THE PARKING COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) REGULAR CITY COMMISSION 5 AGENDA - NOVEMBER 28, 2006 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING, TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26 8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (SYPUBLIC HEARING (S) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE 'CREATION OF LOTS "1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65T11 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT "; AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "1" AND THE CONSTRUCTION OF REGULAR CITY COMMISSION 6 AGENDA - NOVEMBER 28, 2006 A SINGLE FAMILY HOME ON LOT "2 "; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO ALLOW FOR THE CREATION OF LOTS "1" AND "2" ON PROPERTY LOCATED- AT 6240 SW 65' AVE TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT ,,2..) (City Manager) RESOLUTION (S) 24. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THAT THE 'CITY OF CORAL GABLES CITY MANAGER, PLANNING DIRECTOR AND BUILDING AND ZONING DIRECTOR NOTIFY THE CITY OF SOUTH MIAMI OF ANY FUTURE REQUESTS FOR LAND USE MAP AMENDMENTS, ZONING CHANGES, OR VARIANCES WHICH WOULD INCREASE THE PERMITTED HEIGHT OF BUILDINGS ADJACENT TO THE CITY OF SOUTH MIAMI JURISDICTIONAL BOUNDARIES: AND THAT THE HEIGHT OF ALL NEW DEVELOPMENT BE CONSISTENT WITH THE PERMITTED HEIGHT WITHIN THE ADJOINING AREAS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION REQUESTING THAT THE CITY OF CORAL GABLES NOTIFY THE CITY OF SO MIAMI OF ANY FUTURE REQUESTS FOR LAND USE MAP AMENDMENTS, ZONING CHANGES, OR VARIANCES WHICH WOULD INCREASE THE PERMITTED HEIGHT OF BUILDINGS ADJACENT TO THE CITY OF SO MIAMI JURISDICTIONAL BOUNDARIES AND THAT THE HEIGHT OF ALL NEW DEVELOP BE CONSISTENT WITH THE PERMITTED HEIGHT WITHIN THE ADJOINING AREAS OF THE CITY OF SO MIAMI) (City Manager) 25. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CATHY 'MCCANN, LORIE YANOSHIK, TONI H. ALAM AND BRIAN D. BEASLEY TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING JANUARY 31, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING CATHY MCCANN, LORIE YANOSHIK, TONI H. ALAM AND BRIAN D. BEASLEY TO SERVE ON THE B/F COMMITTEE FOR A TERM ENDING 01/31/07) (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC NEARING S) (NONE) ORDINANCE (S) FIRST READING REGULAR CITY COMMISSION 7 AGENDA - NOVEMBER 28, 2006 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES BY REVISING ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "RS -3" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO "RT -6" TOWNHOUSE RESIDENTIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE PURPOSE OF THE ZONE ,CHANGE IS TO ALLOW CONSTRUCTION OF TWO TOWNHOUSE RESIDENTIAL UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 20- 4.4(I)(1) OF THE LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT SCRIVENER'S ERROR TO CORRECTLY CROSS - REFERENCE TO RE- NUMBERED SUBSECTION 20-4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE TO SUBSECTION 20- 4.4(M); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL 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 COMMISSION." REGULAR CITY COMMISSION 8 AGENDA - NOVEMBER 28, 2006 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. j I i REGULAR CITY COMMISSION 9 AGENDA - NOVEMBER 28, 2006 I- CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM 4? To: Mayor and City Commission Date: November 28, 2006 From: Luis Figueredo, City Attorney Re: Improvement bonds and special assessments requirements This memorandum provides a summary of the project and approval requirements for financing infrastructure improvements with bond and special assessment funds. I. General Obligation Bonds. Cities are authorized to issue general obligation bonds, certificates of indebtedness and tax anticipation notes payable from ad valorem tax revenues to finance capital improvements. Voter approval is required. Art. VII, §12, Fla. const.; art. IV, §3C, city charter. Incurring debt under general obligation bonds must be authorized by an ordinance approved by a 4/5 vote of the commission. Art. II, §6, city charter. State- wide, general obligations represent only a small percentage of the debt incurred by local governments. II. Revenue Bonds. Cities are authorized to issue revenue bonds payable from a pledged source of revenue other than ad valorem taxes. Revenue bonds are not general obligations or an indebtedness of the issuer, and do not pledge the property, credit or tax revenue of the issuer. Consequently, there is no requirement for voter approval. Incurring debt under revenue bonds must be authorized by an ordinance approved by a 4/5 vote of the commission. Art. II, §6, city charter. Most debt issued by cities is in the form of revenue bonds. III. Special Assessment District for municipal improvements. Cities have the constitutional home rule power to levy special assessments for municipal improvements. City of Boca Raton v. State, 595 So,2d 25 (1992). Special assessments may be imposed for both capital improvements and the operational costs Pagel of 2 Mayor and City Commission November 28, 2006 of services. To be upheld as a special assessment: (1) the property assessed must derive a special benefit from the improvement or service; and, (2) the assessment must be fairly and reasonably 'apportioned among the properties that receive the benefit. A finding of a special benefit to property distinguishes special assessments from taxes that are levied to confer a general benefit on all property within the jurisdiction. Many municipal improvements and services have been financed by special assessments, including water and sewer improvements, solid waste disposal, parking structures, downtown redevelopment and storm water management. To the contrary, the construction and operation of hospitals and fire and rescue services have been found to confer a jurisdiction -wide general service rather than a special benefit. Sections 170.01(k) and 170.201, Florida Statutes, provides additional authority to impose special assessments for municipal purposes. Special assessments may be authorized by the city commission by resolution and a majority vote. § 170.03, Fla. Stat. cc: Yvonne McKinley City Manager Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1;7 *93 /till 10]) II [1a A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $46,124.99; CHARGING $46,124.99 TO ACCOUNT NO. 001- 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending October 27, 2006, in the amount of $46,124.99; and, WHEREAS, as of November 3, 2006, the existing balance on city attorney account no. 001 - 1500 - 514 -3410, legal services, non - retainer, is $122,350.68. WHEREAS, the office of the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $46,124.99 are approved for payment; charging $46,124.99 to account no. 001- 1500 - 514 -3410, legal, non - retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of November, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo Nagin Gallop Figueredo, P.A. Office of the City Attorney APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Beckman Commissioner Birts: Commissioner Palmer: Additions shown by underlining and deletions shown by eves. 41.... November 6, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer Dear Ms. Hussein: Enclosed is our statement for retainer fees and costs advanced for the period ending October 27, 2006. Included is our requisition no. 3, FY 2006 -07, pertaining to the costs billed in the amount of $22.69. Costs on the retainer account are charged to city attorney account no. 001- 1500 -514 -3410, other contractual service'- consulting legal. As of November 3, 2006, the balance is $122,350.68. Please issue a check payable to Nagin Gallop Figueredo, P.A. representing payment of these costs. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Ve , S R. Figu� redo LRF:Icm Enclosure cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP FIGUEREDO, P.A. Req. No. 3, FY 2006 -07 Date: November 6, 2006 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 001-1500-514-3410' $22.69 $22.69 Services— Consulting Legal TOTAL $22.69 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes C fficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head-d-Department, Finance Department City Manager NAGIN GALLOP FIGUERED- ' DPA. Attorneys 6 Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 ;'Facsimile: (305) 854 -5351 Finance Director 6ctober 27, 2006 Adriana Hussein Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Invoice Number 18723 City of South Miami, FL 33143 Hours Amount 9/29/2006 EAB Drafted ordinance related to amending parking committee ordinance 1.00 200.00 to create parking board. 10/2/2006 EAB Analyzed agenda; provided comments to chief Vincent Landis, Mr. 4.00 800.00 Sandy Youkilis, Mr. Ajibola Balogun, Ms. Maira Menendez; telephone conference with Mr. Youkilis; recommended modifications to resolutions and analyzed revisions to same; attention-to c.u. for exhibit; and attention to forfeiture fund release. 10/3/2006 LRF Prepared for and attend City Commission Meeting. 6.00 1,200.00 10/3/2006 EAB Email and telephone conference with Mr. Harrison regarding 2.50 500.00 pension board; telephone conference with Commissioner Jay Beckman regarding agenda; email communications`wlth. Mr. Youkilis, Mr. Balogun, Ms. Menendez regarding pending agenda Items. 10/3/2006 EAB Pre- agenda meeting with manager and attended commission 3.50 700.00 meeting. 10/4/2006 EAB After action assignment related to city commission. meeting. 0.60 120.00 10/4/2006 EAB Attention to Inquiry by Ms. Yvonne Beckman; attention' fo pending 2.00 400.00 requests by city commission; began. drafting homestead resolution; and edited draft campaign activities ordinance. 10/5/2006 LRF Prepared Resolution on Use of Residence for Campaign. 1.00 200.00 10/5/2006 LRF Received, reviewed and answered e-mail re: RFP for Audit. 0.30 60.00 10/5/2006 EAB Drafted two resolutions per request of mayor and city'commission 1.60 320.00 relating to portability of and increase in homestead exemption; attention to upcoming agenda items; and responded to Yvonne Beckman emails. 10/6/2006 LRF Worked on draft of Ordinance re: Temporary Use of Residence for 0.50 100.00 Campaign. j 10/6/2006 LRF Received and reviewed items for Agenda for October l7, 2006 1.20 240.00 meeting, i.e.: Inventory Resolution; Comm Agenda Supp; Resolution. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions youpave regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. Nagin Gallop Pigueredo P.A. Matter ID: 0022.001 Statemeht'Number Page: 2 10/9/2006 LRF Received and reviewed agenda items for October 17th, 2006 1.50 300.00 meeting. 10/9/2006 EAB Analyzed two grant memoranda and resolutions; pension 0.60 120.00 memoranda and resolution, audit land inventory memorandum and resolution; and provided comments to same. 10/10/2006 LRF Drafted Ordinance and Memo re: 6,000,000 loan. 1,20 240.00 10/10/2006 LRF Meeting with Yvonne McKinley. 1.30 260.00 10/10/2006 LRF Prepared for and attended City Commission Meeting;':: 3.00 600.00 10/10/2006 EAB Analyzed agenda items and revised same; email communications 2.00 400.00 with staff sponsoring agenda items to revise same. 10/11/2006 LRF Drafted Resolution on Moratorium of Single Family Residence. 0.80 160.00 10/11/2006 LRF Prepared Resolution for Hiring of Assistant City Manager and 1.30 260.00 reviewed Exhibits. 10/11/2006 EAB Attention to x -mas vendor contract and resolution; provided direction 0.40 80.00 to Mr. Balogun regarding same; and attention to creation of assistance city manager position. 10/16/2006 LRF Received and reviewed e-mail re: FDOT Permit. 0.30 60.00 10/17/2006 LRF Received, reviewed and responded to e-mail regarding Agenda item 0.20 40.00 #24 and reviewed spreadsheet. 10/17/2006 LRF Attendance at City Commission Meeting. 3 .00 600.00 10/17/2006 EAB Email communications with Mr. Todd Wells and Ms, McKinley 0.20 40.00 regarding Atlantic Cable. 10/19/2006 LRF Received, reviewed and responded to a -mail from Yvonne McKinley 0.20 40.00 re: outstanding matters. 10/25/2006 EAB Drafted ordinance re- establishing budget and finance committee; 1.00 200.00 telephone conference with Ms. McKinley regarding PWD assignments; and attention to McMansion ordinance. 10/26/2006 EAB Revised and edited McMansion ordinance; attention to 16 page 3.00 600.00 affordable housing committee memorandum and prduided comments to staff regarding same. 10/27/2006 LRF Received, reviewed and responded to e-mail from Kathy Vazquez 0.20 40.00 re: agenda item. 10/27/2006 LRF Received and reviewed agenda items. 0.60 120.00 Total Professional Services 91000.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any Questions you Have regarding this invoice. Interest at a rate of 1.5% per month will be charged ff payment Is not received within 30 days. Nagin Gallop Figueredo P.A. Matter 10: 0022.001 Statement Number Rate Summary Luis R. 22.60 Hours at 200.00%he 4,520.00 Eve A. Boutsis 22.40 Hours at 200.00 /hr 4,480.00 Total hours: 45.00 Expenses 9/28/2006 Mileage 6.31 9/29/2006 Courier charge 16.38 Page: 3 For Professional Services 9,000-00 For Disbursements Incurred 22.69 Current Balance: To be properly credited, please indicate Invoice Number on your remittance check. 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854-5353 Miami, Florida 33157-64,17 Facsimile: (305) 854-5351 November 6, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES — Nan - Retainer City of South Miami Dear Ms. Hussein: Enclosed are our statements for professional services rendered and for costs advanced for the period ending October 27, 2006, in the amount of $46,124.0, and requisition no. 4, FY 2006- 07. 1 have tabulated the amounts earrently due on each individual file as follows: City Attorney Account No. 001-1500-514-3410, Legal Services, Non-Retainer Account balance as of November 3. 2006 is $122,350.68 0022-002 Real Estates and Contracts Invoice No. 18724 dated 10/27/06 Prof"i services Disburesments Total Due $ 2,380.00 2,380.00 0022-083 Planning Board Invoice No. 18725 dated 10/27/06 Prof'I Services Disbu isxnents Total Due $ 2,280.00 0.00 2,280.00 0022-0129 Mark Richman Properties v. CSM Invoice No. 18726 dated 10127106 Prof I Services Disburesments Total ?tie 1,020.00 0.00 1,020.00 0022-137 Special Master Invoice No. 18727 dated 10127/06 Prof'I Services Disbursements Total Due $ 2,180.00 2,180.00 J Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAIVII November 6, 2006 Do not hesitate to call me if you have any questions regarding these statements. LRF:lcm Enclosures cc: Mayor and City Commission Very truly yours, igueredo Page 2 of 2 0022 -182 Dabby Properties v. CSM Invoice No. 18728 dated 10127106 Prof'.1 Services Disburs ments Total Due 34,360,00 2,444.99 36,804.99 0022 -185 EEOC Matter: Oscar Suarez Invoice No. 18729 dated 10127106 Prof'1'Services Disbursements Total Due, 60.00 60.00 Total 46124.99 Do not hesitate to call me if you have any questions regarding these statements. LRF:lcm Enclosures cc: Mayor and City Commission Very truly yours, igueredo Page 2 of 2 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Finance Department Req. No. 41, FY 2006.07 Date: — November 6, 2006 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 6 Legg, Non - Retainer 001 -1500- 514 -3410 $46,124.99 $46,124.99 TOTAL $46,124.99 Purchase Order No. Terms/Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charms - ---. Of Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order " 'Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department NAGIN G ALLOP FI GUE RE,D OP.A. Attorneys & Counselors 'total Professional Services 2,380.00 Rate Summary Eve A. Boutsis 11.90 hours at $200.00/hr 2,380.00 Total hours: 11.90 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged 0 payment is not received within 30 days. 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 27, 2006 Adriana Hussein Matter ID: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Invoice Number 18724 City of South Miami, FL 33143 Hours Amount 10/16 /2006 EAB Drafted amendment to LDC, 20- 4.4(I) to correct scrivener's error 2.50 500.00 relating to valet parking; began special hearing officer ordinance; and telephone conference with Mr. Balgon regarding new ordinance relating to run -off and impact fee drainage fund. 10/18/2006 EAB Meeting with Mr. Balogun and his staff on drainage ielated issues. 0.70 140.00 10/23/2006 EAB Meeting with Mr. Kruger and Mr. Nheto regarding PW, code 1.00 200.00 enforcement and flooding related issues; meeting with Mr. Youkilis on pending items. 10/23/2006 EAB Meeting with Mr. Ferro and Mr. Youkilis; and attention to Boucher, 1.00 200.00 ballet, and Habitat items. 10/24/2006 EAB Drafted impact fee ordinance; revised special use .. 4.70 940.00 procedures /agenda ordinance; attention to stormwater issues; conference with Mr. Figueredo regarding same; telephone conference with Ms. McKinley regarding same. 10/25/2006 EAB Attention to and drafted impact fee ordinance. 1.00 200.00 10/26/2006 EAB Drafted correspondence to Ms. Buchser regarding her property 1.00 200.00 inquiry; communications with staff regarding same; anddraft correspondence to Mr. Alan Rosenthal regarding Miami Ballet. 'total Professional Services 2,380.00 Rate Summary Eve A. Boutsis 11.90 hours at $200.00/hr 2,380.00 Total hours: 11.90 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged 0 payment is not received within 30 days. Nagln Gallop Figueredo P.A. Matter ID: 0022 -002 Statement No.: ` .�i8724 Page: 2 For Professional Services 2,380.00 For Disbursements Incurred 0.00 Current Balance: 2,380.00 Previous Balance: 1,280.00 Payments - Thank you 0.00 Total Due 3,660.00 Invoice Number: 18724 To be properly credited, please indicate Invoice Number above 'on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you.have regarding this invoice. Interest at a rate of 1.5% per month will be charged If payment is not receiye� within 30 days. NAGIN GALL4PFIGUEREDOPW Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854 -5351 October 27, 2006 Adrian Hussein Matter ID: 0022.083 Finance Director Planning Board City of South Miami 6130 Sunset Drive invoice Number 18725 City of South Miami, FL 33143 Hours Amount 9/29/2006 LRF Dealing with issues on cadaver exhibition. 6.00 1,200.00 1013/2006 LRF Received, reviewed and answered e-mail from Mr. Sanford 0.30 60.00 Youkilis re: Bodies Exhibit. 10/3/2006 LRF Received, reviewed and answered a -mails re: Bodies exhibit. 0.20 40.00 10/13/2006 LRF Telephone conference with Dr. Coisky. 0.20 40.00 10/16/2006 LRF Drafted Ordinance Amending Chapter 20 -4.4. 1.00 200.00 10/17/2006 LRF Received, reviewed and responded to e-mail from Mr. Youkilis re: 0.30 60.00 LDC Regulations on Parking. 10/17/2006 LRF Received, reviewed and responded to e-mail from Mr. Youkills re: 0.30 60.00 1999 LDC Amendment. Reviewed Revised Parking Regulations. 10/19/2006 LRF Received, reviewed and responded to a -mall from" Vir Youkills re: 0.30 60.00 Waiver of Fees for Planning/Zoning Applications. 10120/2006 LRF Reviewed agenda matters. 0.30 60.00 10/24/2006 LRF Reviewed and revised agenda items. 0.30 60.00 10/24/2006 LRF Received, reviewed and responded to e-mail from Sandford 0.30 60.00 Youkills re: Agenda Items - Historic Designations. ' 10/24/2006 LRF Received, reviewed and responded to e-mail from Sanford Youkilis 0.20 40.00 re: Item Related to Variances of 7641 SW 62 Avenue. 10/24/2006 LRF Meeting at the City with Dr. Colsky. 1.00 200.00 10/25/2006 LRF Received, reviewed and responded to e-mail from Mr. Youkilis re: 0.20 40.00 Cell Tower Denial. 10/27/2006 LRF Conference with Ms. Harper and Ms. Gralia. Reviewed `e -mail and 0.50 100.00 pictures re: Planning Board Application PB -06 -024. Payment Is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -083 Statement No:r 18725 Page: 2 Total Professional Services 2,280.00 Rate Summary Luis R. Figueredo 11.40 hours at $200.00/tiF 2,280.00 Total hours: 11.40 Payments 10/20/2006 Payment Check No.: 054752 3,370.00 Sub -total Payments: 3,370.00 For Professional Services 2,280.00 For Disbursements Incurred 0.00 Current Balance: 2,280,00 Previous Balance: 8,930.00 Payments - Thank you 3,370.00 Total Due 7,840.00 Invoice Number: 18725 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. NAGIN GALLoPFIGUEREbOpt Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 `Facsimile: (305) 854 -5351 October 27, 2006 Adriana Hussein Maher ID: 0022 -129 Finance Director Mark Richman Properties v. City City of South Miami 6130 Sunset Drive Invoice Number 18726 City of South Miami, FL 33143 Total Professional Services 1,020.00 Rate Summary Luis R. Figueredo 5.10 hours at $200.00 /hr 1,020.00 Total hours: 5.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received wittiin,30 days. Hours Amount 10/2/2006 LRF Received and reviewed a -mails and documentation regarding Bond 0:60 120.00 Application. 10/3/2006 LRF Received, reviewed and answered a -mails re: Centralized Valet 0.20 40.00 Parking. 10/412006 LRF Received, reviewed and answered a -mails re: Bond Application for 0.30 60.00 Parking Garage. 10/4/2006 LRF Received and reviewed Bond Application for Parking Garage. 0.50 100.00 10/5/2006 LRF Received and reviewed Resolution, Engagement Letter, Form 1.50 300.00 CDA, Form -Loan and Form re: Central Parking Garage,. 10/5/2006 LRF Received and reviewed Payment Requisition for SMPG. 0.30 60.00 10/5/2006 LRF Received and reviewed schedule re: Parking Garage. 0.20 40.00 10/6/2006 LRF Received, reviewed and answered e-mail re: Parking Garage 0.50 100.00 costs. 10/10/2006 LRF Received and reviewed documents re: FMLC. 0.30 60.00 10/1112006 LRF Prepared Ordinance for $6,000,000 loan. 0.50 100.00 10/16/2006 LRF Received and reviewed scrivener's error on ordinance parking 0.20 40.00 valet. Total Professional Services 1,020.00 Rate Summary Luis R. Figueredo 5.10 hours at $200.00 /hr 1,020.00 Total hours: 5.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received wittiin,30 days. Nagin Gallop Figueredo P.A. Payments 10/20/2006 Payment Matter ID: 0022 -129 Statement No.: 18726 Check No.: 054752 2,420.00 Sub- total Payments: 2,420.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18726 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 1,020.00 0.00 1,020.00 2,420.00 2,420.00 1,020.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. NAGINGALLOPFIGUEP.EDOR& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854 -5351 October 27, 2006 Adriana Hussein Matter ID: 0022 -137 Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18727 City of South Miami, FL 33143 Hours Amount 9/29/2006 EAB Telephone conference with Mr, Alan Rosenthal regarding parking 0.70 140.00 ingresslogress and code violations;. and attention to Buchser inquiry regarding code enforcement violations and lot coverage. 10/3 /2006 EAB Meeting with Mr. Ajibola Balogun, and Ms. Yvonne °McKinley on 0.50 100.00 pending ROW, code enforcement and building issues. 10/612006 EAB Attention to nonconforming use Issue; analyzed LDC;and 0.60 120.00 telephone conference with Mr. Sandy Youkilis regarding same. 10/10/2006 EAB Email communications with Mr. Youkilis on pending zoning 1.40 280.00 applications (5 separate applications); revisions to same; and edited zoning applications. 10/11/2006 EAB Attention to Oxford matter; and attention to Buscher.natter. 0.40 80.00 10/1212006 EAB Meeting with Mr. Youkilis on platting item. 0.30 60.00 10/13/2006 EAB Attention to several LDC related items; telephone conference with 0.40 80.00 Mr. Youkilis regarding same (Habitat, fee waiver policy, and nonconforming lot enforcement Issues). 10/17/2006 EAB Telephone conference with Mr. Simon Ferro regardipg.Petco 0.30 60.00 property. 10/18/2006 EAB Telephone conference with Ms. Eva Rosa regarding valet parking 0.40 80.00 items; and provided direction to Mr. Struder and Ms. Rosa regarding same. 10/19/2006 EAB Telephone conference with Mr. David Rosenthal regarding ballet 0.30 60.00 property; and telephone conference with Mr. Luis Kruger regarding flooding matter. 10/24/2006 LRF Received, reviewed and responded to e-mail re: Building Issues 0.50 100.00 and Code enforcement issues and city wide policies. 10/25/2006 EAB Meeting with Mr. Kruger and Mr. Youkilis on ballet property and 1.50 300.00 Boucher property. 10/20006 EAB Prepared for special master hearing; attended pre - heating meeting 2.60 520.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: ; . =18727 Page: 2 with staff to go over agenda items; and attended special master hearing. 10/2612006 EAB Meeting with Ms. McKinley, Mr. Balogun, Mr. Kruger, and staff 1.00 200.00 regarding several PWD items, including attention tQ'tlood related items. Rate Summary Luis R. Figueredo Eve A. Boutsis Payments 10/20/2006 Payment Total Professional Services 0.50 hours at $200.00ft -» 100.00 10.40 hours at $200.00 /hr 2,080.00 Total hours: 10.90 Check No.: 054752 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 620.00 Sub -total Payments: 620.00 2,180.00 2,180.00 0.00 2,180.00 5,505.05 620.00 Total Due 7,065.05 Invoice Number: 18727 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Pease notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month w€11 be charged if payment Is not received wlihln 30 days. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami;;F�grida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein October 27, 2006 Matter ID: 0022 -182 Finance Director Dabby Properties v CSM and City of South Miami 6130 Sunset Drive Invoice Number 18728 City of South Miami, FL 33143 Hours Amount 9/29/2006 HJM Continued reviewing voluminous file for attorney - client privileged 4.90 980.00 documents in ancticipation of co- defendant's counsel reviewing same; telephone conference with plaintiff's counsel; Elliot Scherker; prepared motion for extension of time. 10/3/2006 HJM Continued reviewing voluminous file; prepared letter to plaintiff's 1.80 360.00 counsel, Ben Reiss regarding hearing and discovery. 10/4/2006 HJM Prepared notice of cancellation of hearing; telephone conference 8.50 1,700.00 with Ben Reiss regarding hearing on motion for sure t'nary judgment; continued conducting legal research on' issues of contract - zoning and standard review for a petition for writ of certiorari as a matter of right; conducted legal research on issues concerning due process violation. 10/5/2006 HJM Received and reviewed minutes of City Commission and Planning 10.80 2,160.00 Board hearings from City Clerk; conducted muttipie:e -mail correspondence exchange with City Clerk regarding; production of documents; continued reviewing minutes and tapes;`c0riducted legal research and issues of the due process requirements for spcial exceptions in quazi- judicial hearings; conducted legal research on issues concerning whether municipality's divergence from its ordinance Is a due process violation. 10/6f2006 HJM Reviewed file in preparation of City's appendix to fts,response to 10.20 2,040.00 petition for writ of certiorari; continued conducting:legal,research on contract - zoning and due process issues. 10/9/2006 HJM Continued reviewing file and research on due process issue; 4.80 960.00 commenced preparing appendix. 10/10/2006 HJM Continued preparing appendix; continued reviewing file for same; 6.00 1,200,00 continued reading cases in preparation of our response to the petition for writ of certiorari and for second amended complaint. 10/1112006 HJM Received and reviewed e-mail correspondence from John Hanson; 9.60 1,920.00 received and reviewed lengthy letters from John Hanson; reviewed file for minutes of all related hearings to municipal, parking garage matter; prepared correspondence to John Hanson regarding Payment is due upon receipt. Please notify us within 10 days of receipt of any questions,ycu f+ave regarding this Invoice. Interest at a rate of 1.596 per month wilt be charged R payment Is not received within 30 days. Nagin Gallop Figueredo P.A. Payment Is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.50/6 per month will be charged if payment is not received within 30 days. Matter ID: 0022 -182 Statement No.:, 18728 Page: 2 same; prepared multiple e-mail correspondence to City Clerk, Maria Menendez; placed telephone call to John Hanik reviewed file; conducted legal research in Florida Statutes Sections 112.3143 and 286.012; reviewed appellate rules. 10/11/2006 LRF Received and reviewed e-mail re: public records request. 0.30 60.00 10/18/2006 HJM Prepared letter to plaintiff's counsel regarding extension of time to 9.60 1,920.00 respond to amended complaint; received and reviewed order from court regarding filing of second amended complaint ;`prepared motion for extension of time; received and reviewed letter from plaintiff's counsel regarding deposition for motion for partial summary judgment; prepared letter to plaintiff's counsel; continued conducting legal research and reviewing file for appendix; received and reviewed notice of taking deposition of personal representative with most knowledge regarding the lease. 10/19/2006 HJM Commenced preparing written response to petition for writ of 9.30 1,860.00 certiorari; telephone conference with plaintiff's counsel, Benjamin Reiss regarding lease and cancellation of depositions; prepared letters regarding same to counsel; continued preparing response. 10/20/2006 HJM Continued preparing written response to petition for..writ of 11.80 2,360.00 certiorari; conducted follow -up legal research on contract- zoning and due process issues; conducted additional legal research concerning florida statutes 112.3143, 112,312, 112.311, 112.313 and 286.012. 10/21/2006 HJM Continued preparing written response to petition for writ of 10.20 2,040.00 certiorari. 10/22/2006 HJM Continued preparing written response to petition for :writ of 11.20 2,240.00 certiorari and formulating supplemental appendix; sfeppardized all cases. 10/23//2006 HJM Received and reviewed co-defendants response to petition for writ 12.80 2,560.00 of certiorari; continued preparing written response'to petition for writ of certiorari; received and reviewed multiple notices of taking depositions from co- defendant, MRP of plaintiff's witnesses; received and reviewed MRP's motion to strike plaintiff's motion for partial summary judgment and notice of hearing. 10/24/2006 HJM Received and reviewed MRP's first set of interrogatories to plaintiff; 12.80 2,560.00 first request for production to plaintiff and correspondence regarding same; received and reviewed MRP's motion to dismiss plaintiff's second amended complaint; continued preparing, editing, revising and finalizing response to petition for writ,of certiorari; prepared supplemental appendix to response; received and reviewed notice of deposition cancellation. 10/25/2006 HJM Continued finalizing, revising and editing response to petition for 12.40 2,480.00 writ of certiorari; prepared same for filing; prepared same for filing; prepared supplemental appendix for filing; conducted conferences with Luis Figueredo and Eve Boutsis;.Oommenced Payment Is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.50/6 per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -182 Statement No.: 18728 Page: 3 preparing motion to dismiss of second amended complaint; preparing notice of joinder of MRP's motion to strike; conducted legal research for purposes of preparing motion to dismiss of second amended complaint. 10/25/2006 EAB Analyzed and edited certiorari answer brief. 2.50 500.00 10126/2006 HJM Received and reviewed agreed order on City's motion for extention 11.60 2,320.00 of time to respond to second amended complaint; prepared motion to dismiss second amended complaint; continued legal research on count IV; reviewed file. 10/27/2006 HJM Continued preparing motion to dismiss of second amended 10.70 2,140.00 complaint. Total Professional Services 34,360.00 Rate Summary H. James Montalvo Luis R. Figueredo Eve A. Boutsis Expenses 169.00 hours at $200.00/hr. 0.30 hours at $200.001hr 2.50 hours at $200.00/hr Total hours: 171.80 Parking Charge Mileage Database Legal research Payments 10/20/2006 Payment Check No.: 054752 Sub -total Expenses: Sub -total Payments: 33,800.00 60.00 500.00 6.00 9.75 2,429.24 2,444.99 20,856.63 20,856.63 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest a# a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -182 Statement iNo.: '18728 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due invoice Number: 18728 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 4 34,360.00 2,444.99 36,804.99 56,957.77 20,856.63 72,906.13 NAGIN GALLOP FI GUEREDOE& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 A October 27, 2006 driana Hussein Matter ID: 0022 -185 Finance Director EEOC Matter: Oscar Suarez City of South Miami 6130 Sunset Drive Invoice Number 18729 City of South Miami, FL 33143 Hours Amount 10/3/2006 HJM Telephone conference with EEOC investigator, Meredes Ricardo. 0.10 20.00 10/4/2006 HJM Received and reviewed notice of dismissal from EEOC; and 0.20 40.00 conference with client; prepared e-mail correspondence to same. Total Professional Services 60.00 Rate Summary H. James Montalvo 0.30 hours at $200.00 /hr 60.00 Total hours: 0.30 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you N o 60.00 21,512.45 0.00 Total Due 21,572.45 Invoice Number: 18729 To be properly credited, please indicate invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.6% per month will be charged if payrrient is not received within 30 days. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROBERTO ROJAS TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 27, 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 Roberto Rojas to serve for a two year term on the Pension Board. Appointment shall expire November 27, 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 Roberto Rojas to the Pension Board. Section 2. The expiration date of this appointment shall be November 27, 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: COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: G1 Oct 30 2006 11:51AM HP LASERJET FAX • 1 L i i- yr wvJn MIAMJ. 3056636349; OCT -26.06 10:48AM; PAGE 1 /1 vr�l!yJ 0� �•1r F or/ da i 049"Is a, INCnprQrekP • y ie01 I Cl" OF gptl'TN 1KtAMl BD4RD/C4AIN/T's M APPL /C4TIOJy 6130 Sunset Drive ? SouM Miami, FL 33143 Phone No. 305 664 -63 *0 rdx No. 305 - 663:6348 1. Name: E 2. Home Address. (Please priest) 3. Business Addretis; 4. Home Phone No. Business Phone No. 5• E-mall Address: Paz No. 6. Educati*uMegree Earned; Work EiWrience: 7. .-.�n� a,averirOC: Community 5ervke 8. Are you a registered! ter? Yea 9. Are you a reddexit of the city? Yes 10. Do you have 4 budnast in the City? Yes 11. I'thnic origin? White Non- Hlspaou African American KisppnicAmorican_( Other 12. I nevi interested in zte :n-bg on the following boerd(sycommittee(s): Pint e:Aolc+e Second ahelo . Tdrdehelce Peerlhlhelce Signature Here Applicant F TSHS APPIICATP Rewiiod "6 i i i i I i i t i i i i p.2 Roberto Rojas Current Position Attorney, Rojas & Oliva, P.A., Lieutenant, Miami -Dade Fire Rescue Department, Miami Florida Place of Birth Havana, Cuba 1959 Education University of Miami • Juds Doctorate -1985 Florida International University • Bachelor of Business Administration/Finance -1981 Miami -Dade Community College • Associate in Arts -1979 Certifications & Member of Florida Bar, admitted to practice before Florida Supreme Court Qualifications Admitted to practice before the United States District Court for Southern District of Florida Florida State Certified Firefighter FEMA Urban Search and Rescue Task Force Leader Office of U.S. Foreign Disaster Assistance, Disaster Assessment Certified Florida Licensed Paramedic FAA Private Pilot Certified Florida Public Pension Trustee Language Skills Fluent in English and Spanish Appointments & Miami Dade Firefighters Insurance Trust- Chairperson (2003 - present) Committees Miami Dade OountyFirefrg erL=ocaft4403- cecrttiveBoard (1998 -2003) United Nations International Search and Rescue Advisory Group Federal Emergency Management Agency -Legal Issues Working Group Member, Vice-Chair (1999 -2006) Currently Chairman City of Hialeah Gardens City Attorney (1998- 2000) Family Memberships References City of Hialeah Gardens Planning and Zoning Board Attorney (1996 - 1998) Hispanic American Firefighters Association, President Married to Karina, two children ages five and three. Florida Bar Miami Dade County Firefighters Local 1403 Florida Bar Local Govemment Section Florida Bar Real Property Probate Trust Section Jorge Femandez City of Miami, City Attomey 305.416.1810 Robert D. Paulison Director Federal Emergency Management Agency 202.646.2914 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING STEVE MACKINNON TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 27, 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 Steve MacKinnon to serve for a two year term on the Pension Board. Appointment shall expire November 27, 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 Steve MacKinnon to the Pension Board. Section 2. The expiration date of this appointment shall be November 27, 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 CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Nov 09 06 04:37p BATTALION 08 Oct 26 2006 11:508M HP LASERJET FRX SENT BY: CITY OF SOUTH'MIAMI; OCT•28.88 10:49AU; ITAIn. 0 st'O" OrrY OF X0WW AMM 80"SICONW11 1*9 APPLICA170iV SM sumay Drft AlOWN& 30 66 Soud AfAwl, FL' 13.14(3 FUN& 1. Name; NN OA.) 2. Elme Aarm. 3. Budmew Addrt=- I 00. alone phone Na. ------- ftdom Phome No. E -mail Addrar. V*4 mm Wt- Everienew Z *7`Ecpa& .stir # A y floldRsperthe: F -.J[ 7. Commisity SrnjeL� L Arepug ra&O"d. .Vow? yes ✓ No[ 9. Are you a jrtaa* of tine City! Na 10. Do You have a buddlin in the city? yes— mol .H. Idude whik Nazk-Bbpaxle, Afiftsm Amarkan HfMPAMJC Anmdcm Other I ago imtergited In oe�m Oil tb* fGJJ*Wfng bomrd(j)/c*m=jft*qg): Turd CWD TZ11L till. Date Applicant 7ws AMCA77014 WILL MAIN ON 1PM19 trop 01yZ VUR PAGE 111 P. P.1 Stephen G. Maclannon Current Position Chief Fire Officer Miami -Dade Fire Rescue Department Place of Birth Pittsfield, Massachusetts, 1950 McArthur High School, 1968 Education Course Work: Broward Community College Miami Dade College National fire Academy Certifications & State Certified Firefighter Qualifications State Certified Paramedic Fire Service Instructor Language Skills English Appointments $ Miami Dade Firefighters Local 1403 Executive Board, 2001 -2003 Committees Miami Dade County Firefighter Local 1403 - Trustee 2000 -2001 Miami Dade Firefighters Local 1403 — Grievance Committee 2001 -2003 Family. Married, wife Jill, 2 children ages 22 and 13. Memberships Miami Dade Firefighters Local 1403 References Robert Rojas, Lt. Miami Dade Fire Rescue 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING RICK FREEBURG TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 27, 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 Rick Freeburg to serve for a two year term on the Pension Board. Appointment shall expire November 27, 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 Rick Freeburg to the Pension Board. Section 2. The expiration date of this appointment shall be November 27, 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 92006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY F0UU MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 21/08/04 THU 17:52 l SMH ADMIN 1@002 ...r .. .w.... Flo r k d r .4 w 1Y V. it 1 0 C /Ty OF SOUTH MIAMI BOARDICOMMITTEEAPPLICATION 6130 Sunset Drive South Miami, FL 33143 Phone N4 305 -663 -6340 Fax Na 305-663 -6348 1. Name: i G ri (Please print) J 2. ' Home Address: - - - - 3. Business Address: 4. Home Phone No. Business Phone No. Fax No. - - 5. E-mail Address: 6. Education Background: !> P-- N GI A �r sF i 7. Community Service: d t n, �- • S. 9. 10. • 11. 12. Are you a registered voter? Yes Are you a resident of the City? Yes Do you have a business in the City? Yes .lL Ethnic Origin? White Non - Hispanic African American — Hispanic American„_ I am interested in serving on the following board(s) /committee(s): , m S_ ,.ON Fltst tholes Second choice ThJd ehoiee Fourth choice Signature _ bate_ pp 1 t. A No r No t/ No Other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PENSION BOARD; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE VIDEO TAPING OF PENSION BOARD MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and City Commission of the City of South Miami recognize the importance of conducting City business in a constructive and ethical environment; and WHEREAS, The Mayor and City Commission wish to expound upon the City's commitment to "excellence, integrity, and inclusion" by establishing as a guiding principle by which Pension Board meetings are video taped. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Manager is hereby directed to provide for the video taping meetings. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 28' DAY OF NOVEMBER, 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: 1� t To: Via: From: South Miami NI•Ameiical�ty CITY OF SOUTH MIAMI 1' ®' OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Julie L. Dalzell Grants Administrator Date: November 28, 2006 Agenda Item No: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT OF $35,000 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS FOR PHASE I OF THE INAUGURAL CITY TREE INVENTORY; PROVIDING AN EFFECTIVE DATE. Request: Authorization for the City Manager to execute an Agreement with the Florida Department of Agriculture and Consumer Affairs for Phase 1 of the inaugural City Tree Inventory. Reason/Need: To initiate the process of inventorying the trees on the roadways, waterways, and in the City's parks. A tree inventory will assist the City in the effective planning and management of the City's canopy. A tree inventory will also assist the City with efforts to achieve Tree City USA designation. The phase I area is bordered on the South by U.S. Highway l; on the West by Ludlam Rd (S.W. 67th Avenue); on the East by S.W. 62 Avenue; and on the North by Miller Rd (S.W. 56 Street). Cost: $35,000 Funding Source: $35,000 from U &CF Grant Backup Documentation: • Proposed Resolution • Award Contract 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT OF $35,000 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS FOR PHASE I OF THE INAUGURAL CITY TREE INVENTORY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept FY 2006 -07 Urban and Community Forestry (U &CF) grant award through the Florida Department of Agriculture and Consumer Affairs of $35,000 for City Tree Inventory -Phase I; and WHEREAS, the grant award will provide partial funds for the first phase of an inaugural citywide inventorying of the trees on the roadways, waterways, and in the City's parks; and WHEREAS, the City is committed to protecting, preserving and restoring its tree canopy and was provided with contract agreement documents to be executed and returned no later than December 15, 2006; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant memorandum of agreement for the FY 2006 -2007 U &CF funding through the Florida Department of Agriculture and Consumer Affairs. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City wishes to accept FY 2006 -07 U &CF grant award funding of $35,000 from the Florida Department of Agriculture and Consumer Affairs for City Tree Inventory -Phase I Section 2: That the Mayor and City Commission authorize the City Manager to execute the FY 2006 -2007 Memorandum of Agreement with Florida Department of Agriculture and Consumer Affairs. Section 3: The attached exhibit is incorporated by reference into this resolution. Section 4: This Resolution shall be effective immediately upon adoption. 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: URBAN AND COMMUNITY FORESTRY (U &CF) GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the City of South Miami, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in grant application Number 06H -52 included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Entity (Subrecipient) by Resolution No. N /A, dated N /A, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows: A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The contract is valid upon execution through September 30, 2007 C. The Entity (Subrecipient) has estimated the project cost to be $46,667 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $35,000 or seventy -five percent (75 %) of the final approved project costs, whichever is less (the "Grant Amount "). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B ". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project.for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, 2006, March 31, 2007, June 30, 2007 and September 30, 2007, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a completed reimbursement summary sheet to the Department with sufficient attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid to the Entity (Subrecipient) prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. For installed plant materials, a sixty (60) day grow -in- period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 30, 2008. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the U.S. Forest Service. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice was received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488 -2020 or Purchasing Office at (850) 488 -7552. Invoices returned to an Entity (Subrecipient) due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Department. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Bills for any travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. All approved travel expenditures must be submitted on a State travel form (see Attachment F). ,. Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -7269 or by calling the Department of Financial Services' Hotline, 1- 850- 410 -9724. This Agreement may be terminated under any one of the following conditions: A. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 11 9.07(l), Florida Statutes. B. By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. C. By either party following sixty (60) calendar days written notice. D. By both parties following the complete execution by both parties of an agreement to terminate this Agreement. In the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Entity (Subrecipient). It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through K are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for - profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate agencies. State financial assistance does not include Federal direct or pass- through awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for - profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient F _ expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non -state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow -up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399 -0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399 -1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). J. The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A -133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A -133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from the non - federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399 -0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass- through entities in accordance with Sections .320(c) and (f), OMB Circular A -133, as revised. E. Pursuant to Section .320(f), OMB Circular A -133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399 -0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A- 133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date.the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301 -4946, telephone number (850) 487 -1471 and fax number (850) 656 -0168. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar. as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available Products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28t Street, North, St. Petersburg, Florida 33716, telephone number (727) 572 -1987. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the employment of unauthorized aliens by any Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Entity (Subrecipient) is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In accordance with Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Entity (Subrecipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor any of its sub- contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R -8 Tallahassee, Florida 32399 -1650 All notices, demands, requests or other instruments to the Entity (Subrecipient) shall be addressed to: Ms. Julie Dalzell City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SE VICES c Signa�re DACS -01085 Rev. 08/06 CONTRACTOR Si nature Title Date FEID Number of Social Security Number EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. . Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) — U.S. Department of Agriculture /U.S. Forest Service, CFDA #10.664 Cooperative Forestry Assistance $35,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services /purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program provide the same information shown below for each Federal program and show the total State resources awarded for matching. Federal Program (list Federal agency. Catalog of Federal Domestic Assistance title and number) — $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State proiect provide the same information shown below for each State proiect and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) — $ (amount) DACS -01085 Rev. 08/06 DFS -A2 -CL July 2005 Rule 691- 5.006, FAC COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of `ABC' for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non - Federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB CircularA -133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DACS -01085 Rev. 08/06 DFS -A2 -CL July 2005 Rule 691- 5.006, FAC ATTACHMENT G Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY FORESTRY GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount Match Amount (Attach copies of canceled checks, receipts and invoices) Totals Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases /expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. AUTHORIZED SIGNATURE: Grantee Date BID NUMBER: RFPIDF- 06/06 -123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, `New Restrictions on Lobbying; and 34 CFR Part 85, 'Government -wide Debarment and Suspension (Nonprocurement) and Govemmant -wide Requirements for Drug -Free Workplace (Grants)' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continu- ation, renewal, amendment, or modification of any Federal grant or cooperative agreement: (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mernber of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure Form to Report Lobbying; in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospec- tive participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this applica- tion been cDnvicled of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing public (Federal. State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or comrnission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements; or receiving stolen property; 29 v (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal. State, or local) with oommission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transaction (Federal. State, or local) terminated for cause or default: and B. Where the applicant is unable to certify to any of the state- ments in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F. for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 - A. The applicant certifies that lt will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; BID NUMBER: RFP /DF- 05/06 -123 (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Policy and Oversight Staff, U.S_ Depart- ment of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202- 4248. Notice shall include the identification number(s) of each affected grant: (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an em- ployee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert. in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address. city, county, state, zip code) Check [ ] if there are workplaces on file that are not identified here. OPENING DATE: JULY 14, 2006 @ 2:00 P.M. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F. for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a airrinal drug offense resulting from a violation occurring during the oonduct of any grant activity. I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants Policy and Oversight Staff, Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202 -4248. Notice shall include the identification number(s) of each affected grant. As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifications. NAME OF APPLICANT PRIAWARD NUMBER AND / OR PROJECT NAME City of South Miami City Tree Inventory -Ph PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Yvonne Soler - McKinley,, City Manager SI9,NATURE DAT E ' /' API h_A'✓ o J,/ / July 12, 2006 80 -0013 V 12/98 30 BID NUMBER: RFP /DF- 05 /06- 123OPENING DATE: July 14, 2006 @ 2: =WM. IBIT A ATTACHMENT D 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed forty (40) one sided pages, including attachments. All attachments must be 8 1/2" X 11 ", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., July 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - U &CF 2006 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB -8 Tallahassee, FL 32399 -0800 Telephone (850) 488 -7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: City Tree Inventory Phased Proposer Name: CITY OF SOUTH MIAMI Name and Title of Contact Person: Julie L. Dalzell, Grants Administrator Address: 6130 Sunset Drive, South Miami, FL Zip: 33143 Phone:( 305 ) 663 -6343 x -5430 Yesour organ No corporation pursuant to Chapter 617, Florida Statutes? FEID Number 59- 6000431 Has the implementation of this project already begun? NO If so, on what date was it begun? As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Title: Yvonne Soler - McKinley, City Manama Signature: Date:_ July 12, 2006 BID NUMBER: RFPIDF- 05 /06- 123OPENING DATE: July 14, 2006 @ 2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (Two page limit, #12 font, single- space) 2005 EMERGENCY HURRICANE SUPPLEMENTAL GRANT URBAN AND COMMUNITY FORESTRY GRANT PROGRAM (include information that will support the evaluation criteria listed on page 19 -21 of this RFP) The City of South Miami is requesting $35,000 from Urban and Community Forestry Grant Program. Grant and in -kind contributions will be used to conduct the first phase of a citywide tree inventory. This project will be the first phase of the inaugural citywide tree inventory, consequently, the canopy figures provided herein are educated estimates. The City of Pleasant Living, was founded in 1927, and is located 8.5 miles south of downtown Miami. This All- American City, of approximately 2.5 square miles, is a diverse and dynamic municipality with just over ten thousand residents and is 98% built - out. The City is presently working toward designation as a Tree City and to strengthen its code related to the City's tree canopy. The overall project is described below in terms of the U &CF Grant evaluation factors. Demonstrated Need: Storm Impact in the Project Area: The project area is .7 square miles representing 28% of the City of South Miami. The 2005 storm season, with its concomitant Category 1 and Category 2 hurricane force winds, caused extensive damage within the City resulting in 10,108.55 tons of debris removed thus far. Of this amount, 3,376.26 tons or 33.4 % was generated in the designated Phase I project area. It is estimated that the canopy in the phase I area was the densest in the City by about fifteen percent (15 %) prior to being hit by the 2005 hurricanes. Supporting Documents Included: Two maps of the Phase I project area show what is estimated to be the hardest hit area in terms of canopy loss with the City limits. The first map shows the parks, waterways and the Historic District. The second map shows an aerial view of the area from 2004. In addition, photographs are included to provide a sampling of the overwhelming damage within the project area caused by the 2005 hurricanes. Well- Defined Goals and Obiectives: Measurable End Results of the Project: 1. In the project area, the tree inventory will be completed for all trees and palms on public properties (streets, facilities, parks and waterways) by a Certified Arborist. The deliverable is the GPS database and GIS mapping in a shape file format. Attributes to be inventoried include the following: • Common Name; Scientific Name; Classification: Native, Exotic, Invasive • DBH (Diameter at Breast Height); Height; Condition Rating • Site: Median, Swale, Park, ROW • Property Features: Sidewalk, Signs, Utilities • GPS Location to less than a meter accuracy & Date 2. Following the tree inventory data collection, a Management Plan including management recommendations and data analysis is a deliverable. Long -Term Management of the Project Area: The City of South Miami is committed to protecting, preserving and restoring its tree canopy as evidenced in the attached proposed amendment to the City's Land BID NUMBER: RFPIDF- 05 106- 123OPENING DATE: July 14, 2006 @ 2:00 P.M. Development Code which passed on first reading at the May Commission meeting.. In addition, the City's Comprehensive Plan includes goals, objectives and policies related to the City's tree canopy. The City's Public Works department has included a $25,000 budget item, for canopy restoration efforts, as part of the 2006 -2007 Budget Process currently underway within the City. The canopy restoration planning process will utilize the management plan from this project. Technical Correctness: Supervision and Monitoring of the Project: This project design, scope, and phase selection are under the jurisdiction of the City's Public Works Department and the City's Arborist Doug Baker, who is ISA certified. The entity contracted to conduct the Tree Inventory will provide a certified arborist to conduct the actual tree inventory. Recognized Specifications and Standards to be Followed: The tree inventory will be conducted according to ISA standards by a certified arborist utilizing an ISA certified vendor. The integration of the Management Plan recommendations into future canopy restoration efforts will be supervised by the City's Arborist Doug Baker, who is ISA certified. Cost- Effectiveness: Sources of Cash, Labor, Materials, and Other Resources: The City of South Miami is requesting $35,000 from Urban and Community Forestry Grant Program. The funds will be matched by in -kind contributions from the City of at least $11,667. Sources of Matching Resources: The matching resources are City staff and overhead costs. The City's match may be greater to the extent staff contributions and overhead exceed estimates herein contained. Partnerships Contributing to Project Completion`. The City of South Miami welcomes the opportunity to partner with Florida Department of Agriculture and Consumer Services, Division of Forestry on the inaugural City Tree Inventory -Phase I. Documentation of Cost Figures Listed in the Budget Sheet: Cost for contractual services are estimated based on proposal inquiries made by the City. It is the practice of the City of South Miami to select the most cost - effective vendor from qualified applicants. Labor rates are actual and all listed staff are current full -time City employees. Overhead is 5% of the total project cost. Tree City USA Certification (current as of 2004): NIA Tree City USA Growth Award (current as of 2004): N/A Other Information to Support Approval of this Project: Visibility of the project: All the trees and palms to be inventoried are located along streets, waterways and in City parks; the entire area experiences significant pedestrian, auto and marine traffic. This project is a cornerstone for the canopy restoration planning efforts in the City. NOTE: This format will also serve as the Proposal Evaluation Sheet BID NUMBER: RFP /DF- 05/06- 123OPENING DATE: July 14, 2006 @ 21N' BIT B ATTACHMENT E BUDGET Activity: City Tree Inventory Phase I Specific Description: .7 sq mile N of US 1 surrounding Twin Lakes and Brewer Canal SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) Total Matching Costs (II) Total Program Costs (III) (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ 1 II 35,000 0 0 0 0 0 0 0 35.000 $ 46.667.00 100% 0 9.343.73 0 0 0 0 0 2.323.27 $ 11,667.00 Add columns I and II for total III (100 %) 75 % Grant request 25 %Local match A budget, detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please Print or Type)(Complete where applicable) County Miami -Dade Describe the Specific Location of the Project: Ci M. Avenue); on the East by S.W. 62 Avenue; and on the North by Miller Rd (S.W. 56 Street Who has Responsibility for Overseeing Project Implementation (name and title)? Rudy de la Torre, Maintenance Operations Manager Who has Maintenance Responsibility for the Project after Completion? Rudy de la Torre, Maintenance Operations Manager Is the Land Ownership Public or Private ?: Public Name of Landowner: City of South Miami Project Title: City Tree Inventory Phase I Applicant Name: City of South Miami BID NUMBER: RFP /DF- 05 106- 123OPENING DATE: July 14,2006@2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost M M M M Contractual (Description) Inventory 8,000 $4 /each 32,000 Management Plan & Date Analysis 1 Plan $3,000 3,000 SUBTOTAL 35,000 Personnel (list titles or positions) Doug Baker, Certified Arborist Supervision, 35.29/hr 4,235.30 Landscape planning Maintenance 120 Hours Supervisor Donald Benjamin Supervision 26.70/hr 1,821.31 Landscape 66 Hours Maintenance Supervisor Rudy de la Torre Maintenance Supervision, 41.08/hr 1,643.17 Operations Manager Planning 40 Hours Slaven Kobola Management Plan 41.10/hr 1,643.95 GIS Coordinator Integration and Mapping 40 Hours SUBTOTAL $ 9,343.73 BID NUMBER: RFP/DF-05/06-123OPENING DATE: July 14, 2006 @ 2:00 P.M. Travel N/A SUBTOTAL Equipment N/A (list items) SUBTOTAL Supplies* N/A (list items) SUBTOTAL Operating Costs, N/A (list) SUBTOTAL BID NUMBER: RFP /DF- 05 /06- 123OPENING DATE: July 14, 2006 @ 2:00 P.M. Trees (list species and size) N/A SUBTOTAL Overhead* 2,323.27 Total 35,000 11,667.00 Grant dollars may not be used to purchase food as supplies. ** Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. South Miami CITY OF SOUTH MIAMI' OFFICE OF THE CITY MANAGER I �® INTER - OFFICE MEMORANDUM' 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: November 28 2006 Agenda Item No.: Subject: Accepting Sunset Drive Master Plan and to authorizing the City Manager to proceed with implementation of the plan. , Resolution: A RESOLUTION OF THE MAYOR AND CITY'COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE SUNSET DRIVE IMPROVEMENTS CONCEPTUAL MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NECESSARY STEPS TO IMPLEMENT THE PLAN AS FUNDING BECOMES AVAILABLE; PROVIDING FOR AN EFFECTIVE DATE Request: To accept Sunset Drive Master Plan and to authorizing the City Manager to proceed with implementation of the plan, as funding becomes available. Reason /Need: To provide infrastructure improvements `along Sunset Drive & City Hall parking lot. Cost: N/A Funding Source: N/A Backup Documentation: U Proposed Resolution D Resolution No. 73 -06 -12214 0 Notices of Public Workshop The "Hometown Plan" Area 2 0 Proposed Conceptual Master Plan ,E "," ,, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE SUNSET DRIVE IMPROVEMENTS CONCEPTUAL MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NECESSARY STEPS TO IMPLEMENT THE PLAN AS FUNDING BECOMES AVAILABLE; PROVIDING FOR: -AN ;EFFECTIVE DATE WHEREAS, the Mayor and City Commission approved resolution number 73 -06 -12214 to provide preliminary design (conceptual master plan) for Sunset Drive and the City Hall parking area.; and WHEREAS, in preparing the conceptual master plan, the "City staff and consultant held 2 public workshops and presented the project to the City's Environmental Review& Preservation Board; and WHEREAS, the conceptual plan considered two urban design charrettees that were held in the early 1990's which resulted in the City's adopted "Hometown Plan" Area 2; and WHEREAS, according to the plan, creating a landscaped median will slow traffic: "making Sunset Drive safer for motorists and pedestrians" because "trees accentuate the sense of speed and will cause drivers to slow down," and "Street trees are crucial to the City's image and energy efficiency." NOW, THEREFORE, BE IT RESOLVEDIORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission accept the Sunset Drive Conceptual Master Plan and authorize the City Manager to commence implementation of the plan as funding becomes available. Section 2. The attached exhibit is incorporate by reference into this resolution. 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 Wisepmbe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING SURVEYING, GEOTECHNICAL TESTING AND PRELIMINARY DESIGN . PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS (WESTERN CITY LIMITS TO US -1) IN AN AMOUNT OF $71,215.00 TO BE CHARGED TO ACCOUNT NUMBER 001 -2100- 519 -3171; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along Sunset Drive from SW 62 "d Avenue to US -1, while landscaping, entrance feature and improved sidewalk will$d designed for the area from SW 62 "d Avenue to the western City limit; and WHEREAS, the professional service will be funded through Non - Departmental General Expense account number 001 -2100 -519 -3171 with an account balance of $75,000.00 before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional 'service work order with C3TS in an amount of $71,215.00. Section 2: The professional service will be funded through Non - Departmental General Expense account number 001- 2100 -519 -3171. Section 3.: The professional service work order shall be made part of this resolution. PASSED AND ADOPTED this day of fat , 2006. ATTEST: Q� a�:' a . ( lv't' CITY CLERK READ AND APPROVED AS TO FORM: CITY ORNEY COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea SENT BY: CITY OF SOUTH MIAMI; 3056636348; OCT -17 -C 8:19AM; PAGE 1/1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Mlaml -Dane County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she Is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, hr?tntg a I PgHl A'dVOnisarrnant of 'Notice in the matter of CITY OF SOUTH MIAMI • SUNSET DRIVE IMPROVEMENTS NOTICE OF PUBLIC WORKSHOP - OCTOBER 16. 2006 in the XXXX Court, was published In said newspaper in the issues of 10/13/2006 Affiant further says that the said Miami Daily Business Review is a nawspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publioation of the attached copy of advertisement; and afflant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thirady,ent for publication in the said newspa (r Sworn to and subscribed before me this 13 f BER A.Q. 2006 (SEAL) Marta I Mesa O.V. FERBEYRE personally ellwnms ommission DD298B55 March 04, 2M a� sours, City of South Miami. South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT a v INCORPORATED • - 4795 SW 75th Avenue 1 I '® r 1927 c o R,o P Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 2001 Sunset Drive Improvements — Western City Limits to US -1 NOTICE OF PUBLIC WORKSHOP Date: August 22d,2006. Time: 6:00pm. Place: Commission Chambers at City Hall Background The Streetscape /Landscape/Infrastructure improvements along Sunset Drive from the Western city limits to US -1 are substantially in accordance with the Hometown Plan Area 2. Proposed improvements from western city limits to SW 62nd Avenue include landscaping, irrigation, sidewalks and a city entrance feature. The proposed improvements from SW 62nd Avenue to US -1 include sidewalks, curbing, drainage, median construction, landscaping, irrigation, paving, street furniture, lighting, signage, pavement markings and signing. Therefore, please mark your calendar to attend this Workshop, as your input is vital to the success of this Project. Should you have any questions or comments, please do not hesitate to contact us at (305) 663 -6350. �o Sour�`� South Miami City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT ~ • INCORPORATED • 4795 SW 75+h Avenue t ' 1 ' 1927 c o Rio Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 2001 Sunset Drive Improvements - Western City Limits to US -1 NOTICE OF PUBLIC WORKSHOP Date: October 18th, 2006. Time: 6:00pm. Place: Commission Chambers at City Hall Background The Streetscape /Landscape/Infrastructure improvements along Sunset Drive from the Western city limits to US -1 are substantially in accordance with the Hometown Plan Area 2. Proposed improvements from western city limits to SW 62"d Avenue include landscaping, irrigation, sidewalks and a city entrance feature. The proposed improvements from SW 62"d Avenue to US -1 include sidewalks, curbing, drainage, median construction, landscaping, irrigation, paving, street furniture, lighting, signage, pavement markings and signing. Therefore, please mark your calendar to attend this Workshop, as your input is vital to the success of this Project. Should you have any questions or comments, please do not hesitate to contact us at (305) 663 -6350. THE "HOMETOWN PLAN" AREA 2 Detailing Additional Neighborhoods in SOUTH MIAMI, FLORIDA Dover, Kohl & Partners, Urban Design with Judson & Partners Holland & Knight Peter M. Fernandez, PE SUMMARY No community should deliberately set out to plan for less than its ideal. Daniel Cary In 1992 a community -based effort in South Miami led to what has come to be known as "The Hometown Plan" for one neighborhood in downtown South Miami. This year the same kind of intense creative process was conducted , again, for another, larger section of the city including neighborhoods north and west of South Dixie Highway. The words and images in this booklet and the large -scale maps present the results. This latest Plan (dubbed "Hometown Too" by the neighbors) idealistically describes a renewed, sustainable community. It predicts and proposes strong, traditional neighborhoods that could be the envy of the region. It suggests a nurturing environment for families, institutions and businesses. It advances a beautiful public realm which reflects the best of our history and culture. But this idealistic vision is to be accomplished through small, do -able projects. It calls for gentle, gradual changes carried out with surgical care -- not "slash -and- burn" urban renewal. It suggests straightforward, time - tested forms for buildings and public spaces. It places the first priority on infill development on the acres of fallow land, and looks to private investment as the key to implementation. 3 The most important ideas in the Plan are that: SPECIFIC PROPOSALS Sunset Drive (SW 72nd Street) from 62nd A Restore travel lanes to the corre venue to Dixie Highway: Widen the sidewalks. ct width (narrower). • Create Planting strips and plant street Plant trees in the median. trees. • Encourage redevelopment least two stories in height and are this Main Street, with bui►dh Positioned close to the street. g that are at Benefits: Traffic will move slower, motorists and pedestrians. , making crossing Sunset Drive sa Pleasant and will encourage pedestrians. Wide shade - covered sidewalks make walking re trees accentuate the sense of speed and will c g n1U►'e more people to walk rather than drive. For motorist trees are also crucial to the Ci s cause drivers to slow down ' will contribute u the Ci � ryes image and to energy Street residents to combine living City's economy and increase oy efficiency. Redevelopment and working here. Opportunities for South 1Vliarni City Hall: . . . Relocate the parking lot in front of the SYlva Martin Building historic Palm Crescent park. estore the Future additions and alterations to (or replacement o ,� t) City Hall should "wrap around the Sylva Building to form a court. Martin Reconfigure the parking otsshared b City Hall, the Public Libra y Police Station to increase efficiency. Benefits: City Flail will have a more 19 �' CREDITS City Commission: Mayor Neil Carver Vice Mayor Paul Young Ann Bass Tom Cooper Tom Cunningham Community Design Project Committee: Simon Codrington, Jr., Chair Joscphine Anderson Marcie Bader, Bank United Lueiana Barreto, Hotel Vila Betty S. Gibson Daisy Harrell, CAA Advisory Board Sharon Lindsay, Dade County HUD Michael Miller, Community Newspapers Sarah Tompkins, Metro -Dade office of Citizen Participation 40 And Many Citizen Participants including: y Abraham Timothy Abraham Tim Cora Bynum Babe Elias Joseph Elias Tagot Sylvester Callsir Mernice Ellis Rubystine Anderson Poll Cooper y p C. Cooke - Yarborough Bill Enright g Sarah Anderson Robert Basden Sheryn D Cox Henry Flowers David Baseheart Bernice Davis Daisy Galmion Subrata Basu John Dempsey Christine Dials Rita Gare Carol Gawron Darryl Beli (Troy) Peter Dokuditz James L. Glover Lemmy Belot Karen Dorfman Joe Ann Glover James Bowman Clara Brook Ralph Egues Sandra Goldstein Florance Brown Al Elias Rene Gonzalez 40 Celia Grant Reynold Martin Eleanore Sternberg Vivian Guide Nancy Masterson Naomi Stewart Chris Hansen Lulela McDuffie Julia Stuckes Margaret Hamden Sharon Miller Quinnie Stuckes Ethel Harrel Mildred Mitchell Lew Tash Carol Harris Dale Mobley Anne Thompson Lillie F. Harris Margaret Moore Minton Tinsley Pastor R.E. Harris Steve Ng Linda Tobin Delori Hegga Lureatha Patrick Johnnie Tomkins W. Henson Roy Pearson Sharon Troy Paul I lolmes Lee & Theresa Perry Fred Truby Gary Illas Bernice A. Phillips David Tucker Sarah Ingle Joan Pierce J.B. Turbidy Lou & Jane Jack Clive & Deborah Powell Robert Usherson, AICP Daisy Jackson Walter Power Cokes Watson Julius Jackson John Price Rev. Joseph Watson Rev. Alphonso Jackson Julian K. Rambo Rev. Emmanuel Whipple Adria Jenkins Lucile Rambo Lvdia White Dennis Jenkins Susan Redding Tina White Christine Johnson Joseph B Reisman Anthony Wilburn John E. Kanter Evelyn Richardson Edie Wilburn Henry Kaufman Willie Robinson Dan Williams Gloria Kinson Harrison Bright Rue Dorothy Williams Steve Kronen Joyce Schechter Marguerite Willams Willam Krueger Gloria P. Simmons Ruth Williams Janet Launcelott James Simmons Sr Tyrone Williams Jeff Lane Julia Simmons Jacob Wilson Jean Larkin -Scott Irene Smith Suzanne Wolfsohn Laura G. Long John Edward Smith Mark Wynnemer AIA Marlene Magness Rev. Charles Standifer Gary Young Jaufer Maribone A.R. Stanberry Nancy Young Donovan Martin Annick Sternbberg Karen Zeller City of South Miami staff W.F. Hampton, City Manager Earl Gallop, Esq., City Attorney Rosemary Wascura, City Clerk Dean Mimins AIC.P, BZCD Director Kelvin Bynum Elba Claudio Carol Hughes Slaven Kobola Perry Turner, Chief of Police Clarence Patterson, Public Works Director Hakeem Oshikoya, finance Director Jim Cowen, Parks & Recreation Director Sonia Lama Bill Mackey Bill Pratt Major David Romine Eva Rosa 41 David Struder Kathy Vasquez Gladys Villar Rev. David Walker Dover, Kohl & Partners: Scott Boc Douglas Frost Joseph Kohl Marice Chael RA Robert Gray Barbara Iamb -Ortega Victor Dover AICP Steve Hafer Cristina Lopez Jason Dunham Ross Halle Miriam Tropp R. Geoffrey Ferrell Mimi Kelly Kevin Young Judson & Partners: Clyde Judson, Jr., AIA Jeremy Sinckler Joe Middlebrooks, AIA Valerie Riles Holland & Knight: Samuel E. Poole III, Esq. and Laurie Thompson, Esq. Peter M Fernandez, PE Walter Kulash PE Special Thanks to: David Blodgett & Todd Leachman, Florida Department of Transportation Dean Taylor & Harold Brijbasi, MelroDade Office of Community Development Daniel Cary, South Florida Water Management District Carrie Edmondson, UM Volunteer Services Center © 1994 by Victor Dover and Joseph Kohl 42 IR , Al LU d) 7C3 r Cn 66 P 4- C: LLI I ■ 0 I LU Oa 0�; U 11 z LU 2 LU V5 LU 0 > 0 C) Lu co CO LU 0 0 0 t I ZD 0 (n LL- LN I 2 i I� l' j t q OQOZZ aa2 c�m�J OQQOQ UUU n z uj LLJ 0 CL LU LU z ZD CO 1 �l.n/ �9 A LL- F 1 1 r L1) nC 0 I Id 6S MS bl, a w 0 z d mom i 41Gy`��r �I IE51'F:, imt�4� rlD =u:. O¢Ozz N 2 n,F • J N o--o< !� ms 11 << i UUU -v IlmdfY ® < � �d9 .,, ® m LO i _ I e C/3 LU z d fie.. `3b L9 /VAS z W Em� m Z� c m E m 0 mom 41Gy`��r �I IE51'F:, imt�4� rlD =u:. n,F • ms 11 fie.. `3b L9 /VAS z W Em� m Z� c m E m 0 ® 5 o o n c 3 a e -a 3NII HONK LU O Zo 0 LLA U !'1 F- 0 LL- r 1 41Gy`��r �I IE51'F:, imt�4� rlD =u:. n,F • 11 IlmdfY ® 5 o o n c 3 a e -a 3NII HONK LU O Zo 0 LLA U !'1 F- 0 LL- r 1 �I IE51'F:, imt�4� 11 �d9 y i _ I ® 5 o o n c 3 a e -a 3NII HONK LU O Zo 0 LLA U !'1 F- 0 LL- r 1 9-9 3NII HOWN 0-0 3NJI HO" AnNIAV (INZ9 MS JD Z9 MS 3-0 3NII HOiM ZD 0 U) Li- I-- RON la I IS -a n LL C)) - 0 o m > 0-0 3NJI HO" AnNIAV (INZ9 MS JD Z9 MS 3-0 3NII HOiM ZD 0 U) Li- I-- RON la I IS 11, 9� M r M CO ,QP Q v] Cie c wi C L — �1� Ism ms DNDR1Vd DNUSIX3 i1• 3 0 - i L„ „_Ky „fit-- ."�r�„3 ".+ y lu 0`4+R y At OWN � I `Ia lil � h LU Q LU J Iz Nam Cw KAN �-- r - -- �� —' > �, !c,• x OJOZZQ fl OD ISO / Itl sss coast w �t1 � ® ® !� � �� � � _' i '� � -111 �f :rt• � ® t® i � m OQOzz a n�J N OQQOQ c Q L) c LU 2 LU 0 LU L _< 75 0 CO Ll- c Gy� O<Ozz 0 < < < c) () <-, O , - Fil rC �t, —Ismo —17 0 co LL 11 1 t t: f; C' t /1 I— 1_1 D WN __I ... -J 1_ .1 t_LJ LLJ (EL._ I LI O<OZZ OQ<Og m UUUrcn �b- L 0 LU LU ZD ti �l� F- 0 UL �� *D a) ell V I 1 � ' I �I. r 0 1 I OJOzz O¢ �-.2 O¢QO� UUU=n ,Re LU 2 LU 0 CL LU LU Co M 0 cn U- � �J �n„ L O 5 P.n � �J� 'f.I.IJ Clow "NEW F'± 3-0 3NIl HOWIN j 111oo1d11sss1 bl i I\ \' 3hb £9 MS 0 -C N-n HO MN -1 \ 3AV S9 MS I I I , I , I , b I �- - - - - -- i I , I i ' I I I i I , I ' I , I , I , I i I I p I � I I y i i I i I i w I I I I i I I I I /I 1E1110 o1ou1�'�. I I I ' I ' , I I I I I I I I I I I � � I I I , I I I I I I , I , I i I i ' I 1 I ' __gym 3AV 99 All l 11110 111110 I �I I I , , , I I � i ' I I ? i I , b ' I -- -- - -- - -® MY G9 MS 1BII1 s11111IP — — ,i i � q I I � 3 -3 3NIl HU1VW - , i 3-3 3Nn HUMb'N I I I I� I I I ' I I I , I I , I , I I i ' I I i I I I I I , I , I b: 1 II I I , I , I I , , In I I I I li �b I I I I , I b. i I — - -]AV 29MS I I I I I I , I I I I I I� I I I I I I � � I I I I I ,- opo 010 oo1slP I I� I I I �I I I , I , I , I , 1 , I I I I I I I �I , I I I I I , I I i , odsoou0000'IS� s1N3MAOUK 3U QN3 - - - - - - -- UV411 ALIU 3AV 69 Ms U¢OZZ N O¢ 0 0< UUU. -v� w UA 0 U u - G LU c L6 z co LU co C CN 7 L 0 co LL r_, ►�J 1 ,1 , mod\ '" Q -_I ,< 11�� OQOzz N O Q C Q OQQOQ UG'U- n w I� MR c LJL LN O�' oA 1: - ,1 , mod\ '" Q -_I ,< 11�� OQOzz N O Q C Q OQQOQ UG'U- n w I� MR c LJL LN O�' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING PUBLIC SCHOOL TEACHERS OF MIAMI -DADE COUNTY IN THEIR EFFORT TO GAIN INCREASED COMPENSATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission agree that public education is a vital component of our civil society; and WHEREAS, the Mayor and City Commission agree that teachers are an integral component of the success of public education; and WHEREAS, the Mayor and City Commission agree that Miami -Dade County Public School Teachers are inadequately compensated relative to other South Florida districts; and WHEREAS, the Mayor and City Commission believe that this constitutes a matter of critical importance to all taxpayers, children, parents, educators, and the entire community. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The Mayor and City Commission of the City of South Miami support the public school teachers of Miami -Dade County in their efforts to gain increased compensation for their labors. Section 2. This resolution shall be furnished by the City Clerk to the Governor, the Florida Department of Education, the Superintendent of Miami -Dade Schools, the Miami -Dade County School Board, the Miami -Dade County Commission, the United Teachers of Dade, the Miami -Dade League of Cities, the Speaker of the Florida House of Representatives, the President of the Florida Senate, and local State legislators.. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2006 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY LVA%yYel tl Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Page 1 of 1 Menendez, Maria At their November 7, 2006 Meeting, the Town of Surfside Commission adopted Resolution No. 1742 in support of Miami Dade County School Board Teachers in their effort to gain increased compensation. Pursuant to Section 2 of the Resolution, a copy is being furnished to you. A copy of the original signed document will be forwarded via U.S. Mail if requested. Should you have any questions or comments, please contact me. Thank you. Beatris M. Arguelles, CMC Town Clerk Town of Surfside 9293 Harding Avenue Surfside, FL 33154 305 -861 -4863 x 226 305 - 861 -1302 FAX barguel les@townofsurfsidefl.gov Please note: You are hereby notified that in accordance with Florida's very broad public records law, most written Communications to or from public employees or officials regarding public business are public records and are available to third parties upon request. Accordingly, this e-mail communication may be subject to public disclosure in accordance with Chapter 119, Florida Statutes. IF YOU ARE WRITING REGARDING MUNICIPAL BUSINESS, PLEASE BE ADVISED THAT UNDER FLORIDA LAW, E -MAIL ADDRESSES ARE PUBLIC RECORDS. IF YOU DO NOT WANT YOUR EMAIL ADDRESS RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST, DO NOT SEND ELECTRONIC MAIL TO THIS ENTITY. INSTEAD, CONTACT THIS OFFICE BY PHONE OR IN WRITING. 11/16/2006 RESOLUTION No. 2006 -1742 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF SURFSIDE, FLORIDA, SUPPORTING PUBLIC SCHOOL TEACHERS OF MIAMI -DADE COUNTY IN THEIR EFFORT TO GAIN INCREASED COMPENSATION. WHEREAS, the Mayor and Town Commission agree that public education is a vital component of our civil society; and WHEREAS, the Mayor and Commission of the Town of Surfside agree that teachers are an integral component of the success of public education; and WHEREAS, the Mayor and Commission of the Town of Surfside agree that Miami Dade County Public School Teachers are inadequately compensated relative to other South Florida districts; and WHEREAS, the Mayor and Commission of the Town of Surfside believe that this constitutes a matter of critical importance to all taxpayers, children, parents, educators, and the entire community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF SURFSIDE, FLORIDA AS FOLLOWS: Section 1: That the Mayor and Commission of the Town of Surfside support the public school teachers of Miami -Dade County in their efforts to gain increased compensation for their labors. Section 2: That this resolution shall be furnished by the Town Clerk to the Governor, the Florida Department of Education, the Superintendent of Miami -Dade Schools, the Miami -Dade County School Board, the Miami -Dade County Commission, the United Teachers of Dade, the Miami -Dade League of Cities, the Speaker of the Florida House of Representatives, the President of the Florida Senate, and local State legislators. PASSED AND ADOPTED this 7th_ day of _November 2006. /s/ Charles W. Burkett Charles W. Burkett, Mayor ATTEST: /s/ Beatris M. Arguelles Beatris M. Arguelles, CMC Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /s/ Lynne M. Dannheisser Lynn M. Dannheisser, Town Attorney Resolution No. 2006 -1742 Page 2 of 2 South Miami Amedca i N-••EO CITY OF SOUTH MIAMI 1111. fi 192�0�. OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: Via: From: Date: The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Sanford A. Youkilis, Acting November 28, 2006 Planning DirectoP6 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE DEVELOPMENT AND ADOPTION OF THE 2006 EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $35,000; CHARGING THE AMOUNT TO ACCOUNT NO. 01- 1620 -524 -3450, PLANNING CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. Background: Florida State Statutes require that by December 19, 2007 the City of South Miami must adopt all of the Comprehensive Plan amendments set forth in the 2005 -2006 Evaluation and Appraisal Report (EAR). The EAR which was adopted by the City in February, 2006 and accepted by the State of Florida in May, 2006 contains several hundred technical amendments and updates to the City `s Comprehensive Plan. The preparation, presentation and submittal of the Comprehensive Plan text amendments will require the Planning Department to be temporarily supplemented by professional consultant personnel. In December, 2004 after the submission of proposals from professional consultants and a review by an Administrative Committee, the City Commission approved a contract with The Corradino Group, Inc. During the period 2005 - 2006 the consultant firm and its subcontractors successfully assisted the Planning Department and guided the City of South Miami through the process of preparing the Comprehensive Plan Evaluation and Appraisal Report. The amendment adoption process is a continuation of the work done for the City by The Corradino Group, Inc. The attached proposed contract is a change order to the original agreement approved by the City Commission on December 21, 2004 via Resolution No. 192 -04- 11971. The contract provides for an expanded scope of services to assist the City in the preparation, presentation and submittal of the EAR Comprehensive Plan text amendments. The consultants will also produce for the City a new Comprehensive Plan document in hard copy and in digital format. The cost of the additional work will be $35,000 which is included in the Planning Department's FY 2006- 2007 budget. Recommendation: It is recommended that the attached resolution be adopted authorizing the City Manager to contract with The Corradino Group, Inc in the amount of $35,000 for the provision of professional services to assist the City and the Planning Department. Funds are available in Planning Department Account No. 01- 1620 -524 -3450, Planning Consultant Services (current balance $76,800). Backup Documentation: Draft Resolution, Draft Contract Resol. No, 192 -04 -11971 SAY P: \Comm Items\2006 \11- 28- 06\EAR Consultant contract CM Report.doc RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A 5 CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING 6 CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST 7 THE CITY IN THE DEVELOPMENT AND ADOPTION OF THE 2006 EVALUATION 8 AND APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE 9 PLAN; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $35,000; 10 CHARGING THE AMOUNT TO ACCOUNT NO. 01- 1620 -524 -3450, PLANNING 11 CONSULTANT SERVICES; PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Florida State Statutes require that by December 19, 2007 the City of South Miami 14 must adopt all of the Comprehensive Plan amendments set forth in the 2005 -2006 Evaluation and 15 Appraisal Report; and 16 17 WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan text 18 amendments as set forth in the Evaluation and Appraisal Report will require that the Planning 19 Department be temporarily supplemented by professional consultant personnel ; and 20 21 WHEREAS, on December 21, 2004 after the submission of proposals from professional 22 consultants and a review by an Administrative Committee, the City Commission adopted Resolution No. 23 192 -04 -11971 approving a contract with The Corradino Group, Inc. based upon their submission being 24 the lowest cost estimate and being most responsive to the needs specified in the RFP; and 25 26 WHEREAS, during the period January, 2005 thru June , 2006 the consultant firm The Corradino 27 Group, Inc. and its subcontractors successfully assisted the Planning Department and guided the City of 28 South Miami through the process of preparing the Comprehensive Plan Evaluation and Appraisal Report 29 which was subsequently accepted by the Florida Department of Community Affairs; and 30 31 WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan text 32 amendments as set forth in the Evaluation and Appraisal Report is essentially a continuation of the work 33 done by The Corradino Group, Inc. under the contract executed in December, 2004; and 34 35 WHEREAS, it is appropriate for the City to expand the existing contract with The Corradino 36 Group, Inc in the form of a change order for the purpose of assisting the Planning Department; and 37 38 WHEREAS, the City Manager is requesting authorization to expand the existing contract with 39 The Corradino Group, Inc in the amount of $35,000 for the provision of professional services to assist the 40 Planning Department in the preparation, presentation and submittal of the Comprehensive Plan text 41 amendments as set forth in the Evaluation and Appraisal Report; and 42 43 WHEREAS, funding for the consultant services is included in the Planning Department's FY 44 2006 -2007 budget expressly for this purpose. 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 47 THE CITY OF SOUTH MIAMI, FLORIDA: 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 (2) Section 1. The City Manager is authorized to execute a change order to extend the existing contract with The Corradino Group, Inc., in the amount of $35,000 for the provision of professional services to assist the Planning Department the preparation, presentation and submittal of the Comprehensive Plan text amendments as set forth in the Evaluation and Appraisal Report. Section 2 Funding for the subject contract shall be charged as follows: $35,000 to Account No. 01- 1620 -524 -3450, Planning Consultant Services (current balance $76,800). Section 3: This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2006 APPROVED: MAYOR P: \Comm Items\2006 \11- 28- 06\EAR Consultant contract Reso.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: CONSULTING AGREEMENT This Agreement, dated November 14, 2006, is entered into between THE CORRADINO GROUP (the "CONSULTANT') and the City of South Miami (the CITY). 1. Engagement. The CITY engages CONSULTANT to perform, and CONSULTANT agrees to use its best efforts to perform, the services specifically set forth in the Scope of Services attached hereto, and incorporated herein by reference, as Exhibit A. 2. Term; Good Faith. The term of this Agreement shall be for a period of one year from the date set forth above. Given the nature of the public process entailed in securing governmental approvals, both CITY and CONSULTANT acknowledge and commit to acting in good faith with each other. The Parties agree to not willfully take advantage of the nature of the public review process to manipulate the success of any particular project to the financial or business detriment of the other Party. 3. Compensation. In consideration of the services to be rendered by CONSULTANT during the term of this Agreement, CONSULTANT shall receive a fee as set forth in the Scope of Services attached hereto as Exhibit A 4. Termination. This Agreement shall be terminable by the CITY upon 30 -day notice to CONSULTANT. CONSULTANT will not act to deprive CITY of the business benefit of any of the projects,for which CONSULTANT negotiates on behalf of CITY. CONSULTANT shall be entitled to any fee earned by CONSULTANT hereunder prior to the effective date of any termination, and payment of such fee shall be made within 30 days of being earned. 5. Venue. Venue in any proceeding instituted under this Agreement shall be Miami -Dade County, Florida. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 6. Construction. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any party. Each party has reviewed this Agreement with their respective counsel. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments to it. j :3550 /EAR Consulting Agreement 11 -14 -06 7. Severability. In the event a court of competent jurisdiction declares any term or provision of this Agreement to be invalid or unenforceable for any reason, this Agreement will remain in full force and effect, and either: (a) the invalid or unenforceable provision will be modified- to the minimum extent necessary to make it valid and enforceable; or (b) if such a modification is not possible, this Agreement will be interpreted as if that invalid or unenforceable provision were not a part of this Agreement. 8. Entire Agreement; Modification. This Agreement constitutes the entire understanding of the parties and supercedes any and all prior discussions, I s, whether oral or written, with negotiations, agreement and understandings, g g g respect to its subject matter. This Agreement may be modified only b a p J g Y Y Y written instrument executed by CITY and CONSULTANT. In witness whereof, the parties have executed this Agreement on the date set forth above. Jose p . Corr mo, ICP Yvonne S. McKinley Exec t' Vic Presi nt City Manager The i dino Group City of South Miami EXHIBIT "A" CONSULTANT SERVICES CITY OF SOUTH MIAMI 2006 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT -BASED AMENDMENTS AND REVISIONS TO THE 2006 CAPITAL IMPROVEMENTS ELEMENT As required by Chapter 163.3191, Florida Statutes (F.S.), each local government in the State of Florida is required to adopt an Evaluation and Appraisal Report (EAR) once every seven years to assess progress in implementing their comprehensive plan. The local government is further required to adopt EAR - based amendments to the comprehensive Plan within 18 months of the date on which the adopted EAR is found to be sufficient by the State. For the City of South Miami the EAR- based amendments adoption date is December 19, 2007. In the preparation of the EAR -based amendments, the City must also take into consideration the new 2005 statutory requirements. Specifically, Sections 163.3177(3) (a) and (b) now require an annually updated, financially feasible 5- year schedule of capital improvements. This schedule shall include all publicly funded, and may include privately funded, projects necessary to ensure that the adopted level -of- service standards are achieved and maintained. The schedule must also include all transportation improvements listed in the MPO transportation improvement program upon which the City will rely for concurrency and financial feasibility. A. Scope of Services The following Scope of Services details the steps by which the Corradino Group and its sub- consultants proposes to assist the City in the development and adoption of its EAR -based amendments to the Comprehensive Plan and will include the new 5 -year capital improvement schedule in the revised Capital Improvements Element. This scope is based on the requirements in Chapter 163, F.S., guided by the process as enumerated in Section 163.3191(12)(a) F.S., Rule 9J -5, Florida Administrative Code (F.A.C.) and the Team's experience in preparing EAR -based amendments. If additional work beyond that which is identified in the following Scope is requested, the cost, terms, and timeframe for such work will be negotiated separately. Phase I. Preparation of EAR -based Amendments (Goals, Objectives and Policies) and Capital Improvements Schedule The Corradino Group and its sub - consultants will prepare text amendments to the following Comprehensive Plan Elements: Future Land Use; Transportation; Housing; Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination; and Capital Improvements. These text amendments will be based on the EAR recommendations and new State growth management legislation enacted after the date of the EAR, including the new requirements adopted in Senate Bill 360 in 2005. The Corradino Group and its sub- consultants will coordinate as appropriate with the City and other agencies in the preparation of these amendments and will include the new 5 -year capital improvement schedule in the revised Capital Improvements Element, as required in the new 2005 growth management legislation. The proposed amendments will be provided to the City in the appropriate formats. Proposed Phase I Completion Date - March 1 2007 Proposed Cost of Phase I - $15,000.00 Phase IL Adoption of EAR- based Amendments and Capital Improvements Schedule a. The Corradino Group and its sub - consultants will present the proposed amendments, including the capital improvements schedule to the Planning Board (up to two (2) hearings) and the City Commission, acting as the Local Planning Agency (up to two (2) hearings), in advertised public hearings in order to authorize and approve transmittal to the Florida Department of Community Affairs (DCA). These tasks would be scheduled for the months of April and May 2007. b. The Corradino Group and its sub- consultants will then transmit three copies to the Department of Community Affairs and copies to designated review agencies. This task would take place immediately following authorization and approval by the Commission to transmit. C. DCA has sixty days to provide the City with an Objections, Recommendations and Comments (ORC) Report based on the " proposed amendments. This task should be completed by late July 2007. d. The Corradino Group and its sub- consultants will revise the proposed amendments and schedule to address the objections, recommendations, and comments, if any, and will present the amendments to the Planning and Zoning Board, if necessary, and the City Commission for adoption in an advertised public hearing. This task will be completed in August, if necessary. e. This hearing will occur within 120 days of receipt of the Objections, Recommendations, and Comments. This task will also be completed in August, if necessary. f. The Corradino Group and its sub - consultants will then transmit three copies to DCA and copies to designated review agencies. This task would take place, if necessary, immediately following authorization and approval by the Commission to transmit. This task will also be completed in August, if necessary. g. DCA will issue its Notice of Intent to find the adopted amendment in compliance within 20 days. The effective date of the amendments is approximately 45 days from submittal of the adopted EAR -based amendments. The effective would be approximately mid- October. Proposed Phase II Completion Date October 2007 Proposed Cost of Phase 11 $5,000.00 Phase III. Comprehensive Plan Document Update (Rewrite) The Corradino Group and its sub - consultants will revise the City's existing Comprehensive Plan's data and analysis sections and make all revisions to the newly adopted Goals, Objectives and Policies. In addition, all maps will be finalized (except the future land use map which will be done at a later date due to any studies that may be undertaken). The Corradino Group and its sub consultants will provide the City-with 5 copies of the revised Comprehensive Plan and also electronically so that it may be uploaded to the City's website. Proposed Phase III Completion Date - January 2008 Proposed Cost of Phase Ill - $15,000.00 Proposed Total Project Cost - $35,000.00' 1 Note: The proposed cost includes all costs and expenses to be incurred by The Corradino Group and its sub - consultants in completing the EAR -based amendments for the City of South Miami, with the exception of equipment rental costs and printing costs, if any. RESOLUTION NO. 192-04-11971 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CORR.ADINO GROUP FOR THE PURPOSE OF PROVIDING PROFESSIONAL CONSULTANT SERVICES NEEDED TO PREPARE THE CITY'S COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT; APPROVING A CONSULTANT FEE IN THE AMOUNT OF $46,000; CHARGING $17,200 TO ACCOUNT NO. 01- 1620 - 524 -3450, PLANNING CONSULTANT SERVICES AND $28,800 TO ACCOUNT NO. 001- 2100 - 519 -9920, GENERAL CONTINGENCY ACCOUNT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami is required to submit to the State of Florida by September 1, 2005 an Evaluation and Appraisal Report on its Comprehensive Plan; and WHEREAS, the data collection, research and documentation needed for the preparation of the Evaluation and Appraisal Report requires that the Planning Department be temporarily supplemented by professional consultant personnel ; and WHEREAS, in October, 2004 the City Manager distributed to planning consultant agencies in the South Florida area a Request for Proposal (RFP) Document for provision of professional services to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report; and WHEREAS, in November, 2004 three planning consultant firms responded to the RFP to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report; and WHEREAS, an Administrative Committee reviewed each proposal and recommended to the City Manager that The Corradino Group, Inc. be selected based upon their submission being the lowest cost estimate and being most responsive to the needs specified in the RFP; and WHEREAS, the City Manager is requesting authorization to contract with The Corradino Group, Inc in the amount of $46,000 for the provision of professional services to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report; and WHEREAS, fiinding for the consultant services was. partially included in the Planning Department's FY 2004 -05 budget and surplus Planning Department funds from the FY2003 -04 budget were placed in the current General Contingency Account expressly for this purpose; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to enter into a contract with The Corradino Group, Inc., in the amount of $46,000 for the provision of professional services to assist the Planning Department in preparing the Comprehensive Plan Evaluation and Appraisal Report. Section 2 Funding for the subject contract shall be charged as follows: $17,200 to Account No. j 2 of Res. No. 192 -04 -11971 01- 1620 -524 -3450, Planning Consultant Services (current balance $58,000); $28,800 to Account No. 001- 2100 -519 -9920, General Contingency Account. (current balance $61,700) Section 3: This resolution shall be effective immediately upon approval. PASSED AND ADOPTED this 21 sday of 2004 ATTEST: APPROVED: al CLERK O COMMISSION VOTE: 4-0 READ AND APPROVED AS TO FORM: Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Birts - Cooper: Yea Commissioner Sherar: Yea A Commissioner Wiscombe: absent Y TTORNEY E: \Comm Items\2004 \12- 21- 04\EAR Consultant contract Reso.doc South Miami bfftd AHMedCaC i .•w•� CITY OF SOUTH MIAMI 1111. • ��CORPORATOE� • OFFICE OF THE CITY MANAGER ,927 o R' INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Stephen David, SMCRA Interim Director 13 Date: November 28, 2006 Subject: Budget Adjustment to the FY 06107 Adopted SMCRA Budget Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING AN ADJUSTMENT TO THE FY 06/07 ADOPTED BUDGET TO INCLUDE $3,024,000 IN ADDITIONAL REVENUES FROM A PROPOSED LONG -TERM LOAN WITH REGIONS BANK IN THE AMOUNT OF $297309000 AND PROJECTED GRANT REVENUES FROM THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT IN THE AMOUNT OF $294,000 AND AUTHORIZING THE AGENCY TO TRANSMIT THE ADJUSTED BUDGET TO MIAMI -DADE COUNTY FOR FINAL APPROVAL; AND PROVIDING AN EFFECTIVE DATE. Reason /Need: On October 17, 2006, the SMCRA Board and City Commission approved the SMCRA FY 06/07 Budget. On October 20, 2006, the adopted budget was transmitted to Miami -Dade County for approval. The adopted budget included a $400,000 budgeted line item in anticipation of proposed debt service requirements. On November 13, 2006, the SMCRA Board authorized the Executive Director to enter into a $2,730,000 loan agreement with Regions Bank. Pending the receipt of funding, the loan proceeds will be utilized to purchase properties required to develop Madison Square. As indicated in Exhibit 1, the amortization schedule for the proposed loan includes an annual debt service payment of $297,773.28. The FY 06/07 Budget has now been adjusted to include additional loan revenues in the amount of $2,730,000 and an annual debt service line item in the amount of $297,774 (See Exhibit 2). In addition to loan proceeds from Regions Bank, the South Miami Community Action Agency of the Miami -Dade County Office of Community and Economic Development (OCED) has set aside grant funding for the SMCRA to purchase properties required to develop Madison Square. The total funding allocation is $294,000. In anticipation of the receipt of grant funding, additional revenues in the amount of $294,000 have also been included to the FY 06/07 Budget. Pending the receipt of revenues from Regions Bank and OCED, additional revenues in the amount of $3,024,000 will be available for the 06/07 Fiscal Year. Approval of the attached resolution shall authorize a budget adjustment to the FY 06/07 Budget to include $3,024,000 in additional revenues and an annual debt service line item in the amount of $297,774. Recommendation: Staff recommends approval of the attached adjustment to the FY 06/07 Budget to include additional revenu in addition to allocating a specific annual debt service line iterr debt service payment. The FY 06/07 adjusted budget shall County for final approval. Backup Documentation: Draft Resolution Regions Bank Amortization Schedule FY 06/07 Adjusted Budget FY 06/07 Adjusted Budget (County Format) resolution authorizing a budget :s in the amount of $3,024,000 in the amount of $297,774 for be transmitted to Miami -Dade 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI 6 AUTHORIZING AN ADJUSTMENT TO THE FY 06/07 7 ADOPTED BUDGET TO INCLUDE $3,024,000 IN 8 ADDITIONAL REVENUES FROM A PROPOSED LONG- 9 TERM LOAN WITH REGIONS BANK IN THE AMOUNT OF 10 $29730,000 AND PROJECTED GRANT REVENUES FROM 11 THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY & 12 ECONOMIC DEVELOPMENT (OCED) IN THE AMOUNT 13 OF $294,000 AND AUTHORIZING THE AGENCY TO 14 TRANSMIT THE ADJUSTED BUDGET TO MIAMI -DADE 15 COUNTY FOR FINAL APPROVAL; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 WHEREAS, On October 17, 2006, the SMCRA Board and City 19 Commission approved the FY 06/07 Budget; and, 20 21 WHEREAS, The previously adopted budget included $400,000 22 budget line item in anticipation of future debt service requirements; and 23 24 WHEREAS, based on the receipt of final loan terms from Regions 25 Bank, staff has adjusted the FY 06/07 adopted budget to include proposed 26 loan proceeds in the amount of $2,730,000; and 27 28 WHEREAS, based on the receipt an annual debt service 29 requirement from Regions Bank, the FY 06/07 Budget has been adjusted to 30 include an annual debt service payment in the amount of $297,774; and 31 32 WHEREAS, the SMCRA has also notified by the Miami -Dade 33 County Office of Community & Economic Development (OCED) that 34 grant funding in the amount of $294,000 is available to the SMCRA to 35 purchase properties required to develop Madison Square; and 36 37 WHEREAS, pending the receipt of grant funding from OCED, the 38 FY 06/07 Budget has been adjusted to include additional projected grant 39 revenues in the amount of $294,000; and 40 41 WHEREAS, pending the receipt of funding from Regions Bank and 42 the Miami -Dade County OCED, additional revenues in the amount of 43 $2,024,000 have been included in the FY 06/07 Budget; and Pagel of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, pending the receipt of funding from Regions Bank and OCED, the additional revenues will be utilized to purchase properties required to develop the Madison Square Project; and WHEREAS, on November 13, 2006, the SMCRA Board authorized an adjustment to the FY 06/07 SMCRA adopted Budget to include additional revenues in the amount of $3,024,000. NOW THEREFORE BE IT RESOLVED BY THE MAYOR A CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The South Miami Community Redevelopment Agency authorizes a budget adjustment to the FY 06/07 Adopted Budget to include additional revenues from a long -term loan from Regions Bank in the amount of $2,730,000 and annual debt service line item in the amount of $297,774. Section 2. The South Miami Community Redevelopment Agency authorizes a budget adjustment to the FY 06/07 Adopted Budget to include additional revenues from OCED grant funding in the amount of $294,000. Section 3. Upon approval the adopted budget adjustments shall be transmitted to Miami -Dade County pursuant, City /County Interlocal Cooperation Agreement for the SMCRA Agency. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of November, 2006. ATTEST: CITY CLERK MAYOR HORACE FELIU Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A. Office of City Attorney Page 3 of 3 Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman EXHIBIT 1 Quarterly Payment (P &I): Amortization Schedule Borrower: South Miami CRA Loan No.: TBD Payment Loan Amount: $2,730,000.00 Payment Interest Rate: 5.99% Ending Amortization Term: 54.00 quarterly payments Loan Term: 54.00 quarterly payments Accrual Begins: 11/15/06 1.00 Assumed Year for Calculating Per Diem:: 360.00 Days Days in Year for Calculating Payment: 365.00 Days Quarterly Payment (P &I): $74,443.32 Annual Sum of Payments: $297,773.28 Payment Payment Elapsed Beginning Payment Interest Principal Ending Number Due Date Days Balance Amount Accrued Due Balance 1.00 01- Feb -07 78.00 2,730,000.00 74,443.32 35,430.85 39,012.47 2,690,987.53 2.00 01- May -07 89.00 2,690,987.53 74,443.32 39,849.79 34,593.53 2,656,394.00 3.00 01- Aug -07 92.00 2,656,394.00 74,443.32 40,663.49 33,779.83 2,622,614.17 4.00 01- Nov -07 92.00 2,622,614.17 74,443.32 40,146.39 34,296.93 2,588,317.24 5.00 01- Feb -08 92.00 2,588,317.24 74,443.32 39,621.39 34,821.93 2,553,495.31 6.00 01- May -08 90.00 2,553,495.31 74,443.32 38,238.59 36,204.73 2,517,290.58 7.00 01- Aug -08 92.00 2,517,290.58 74,443.32 38,534.12 35,909.20 2,481,381.38 8.00 01- Nov -08 92.00 2,481,381.38 74,443.32 37,984.43 36,458.89 2,444,922.50 9.00 01- Feb -09 92.00 2,444,922.50 74,443.32 37,426.33 37,016.99 2,407,905.51 10.00 01- May -09 89.00 2,407,905.51 74,443.32 35,657.74 38,785.58 2,369,119.93 11.00 01- Aug -09 92.00 2,369,119.93 74,443.32 36,265.96 38,177.36 2,330,942.57 12.00 01- Nov -09 92.00 2,330,942.57 74,443.32 35,681.55 38,761.77 2,292,180.80 13.00 01- Feb -10 92.00 2,292,180.80 74,443.32 35,088.19 39,355.13 2,252,825.67 14.00 01- May -10 89.00 2,252,825.67 74,443.32 33,361.22 41,082.10 2,211,743.57 15.00 01- Aug -10 92.00 2,211,743.57 74,443.32 33,856.88 40,586.44 2,171,157.13 16.00 01- Nov -10 92.00 2,171,157.13 74,443.32 33,235.59 41,207.73 2,129,949.40 17.00 01- Feb -11 92.00 2,129,949.40 74,443.32 32,604.79 41,838.53 2,088,110.87 18.00 01- May -11 89.00 2,088,110.87 74,443.32 30,922.02 43,521.30 2,044,589.57 19.00 01- Aug -11 92.00 2,044,589.57 74,443.32 31,298.12 43,145.20 2,001,444.38 20.00 01- Nov -11 92.00 2,001,444.38 74,443.32 30,637.67 43,805.65 1,957,638.72 21.00 01- Feb-12 92.00 1,957,638.72 74,443.32 29,967.10 44,476.22 1,913,162.50 22.00 01- May -12 90.00 1,913,162.50 74,443.32 28,649.61 45,793.71 1,867,368.79 23.00 01- Aug -12 92.00 1,867,368.79 74,443.32 28,585.27 45,858.05 1,821,510.74 24.00 01- Nov -12 92.00 1,821,510.74 74,443.32 27,883.28 46,560.04 1,774,950.70 25.00 01- Feb -13 92.00 1,774,950.70 74,443.32 27,170.55 47,272.77 1,727,677.93 26.00 01- May -13 89.00 1,727,677.93 74,443.32 25,584.51 48,858.81 1,678,819.12 27.00 01- Aug -13 92.00 1,678,819.12 74,443.32 25,698.99 48,744.33 1,630,074.79 28.00 01- Nov -13 92.00 1,630,074.79 74,443.32 24,952.82 49,490.50 1,580,584.29 29.00 01- Feb -14 92.00 1,580,584.29 74,443.32 24,195.23 50,248.09 1,530,336.21 30.00 01- May -14 89.00 1,530,336.21 74,443.32 22,662.15 51,781.17 1,478,555.04 31.00 01- Aug -14 92.00 1,478,555.04 74,443.32 22,633.39 51,809.93 1,426,745.11 32.00 01- Nov -14 92.00 1,426,745.11 74,443.32 21,840.30 52,603.02 1,374,142.09 33.00 01- Feb -15 92.00 1,374,142.09 74,443.32 21,035.06 53,408.26 1,320,733.83 34.00 01- May -15 89.00 1,320,733.83 74,443.32 19,556.23 54,885.09 1,265,848.74 35.00 01- Aug -15 92.00 1,265,848.74 74,443.32 19,377.33 55,065.99 1,210,782.76 36.00 01- Nov -15 92.00 1,210,782.76 74,443.32 18,534.39 55,908.93 1,154,873.83 37.00 01- Feb -16 92.00 1,154,873.83 74,443.32 17,678.55 56,764.77 1,098,109.06 38.00 01- May -16 90.00 1,098,109.06 74,443.32 16,444.18 57,999.14 1,040,109.92 39.00 01- Aug -16 92.00 1,040,109.92 74,443.32 15,921.77 58,521.55 981,588.38 40.00 01- Nov -16 92.00 981,588.38 74,443.32 15,025.94 59,417.38 922,170.99 41.00 01- Feb -17 92.00 922,170.99 74,443.32 14,116.39 60,326.93 861,844.06 42.00 01- May -17 89.00 861,844.06 74,443.32 12,762.71 61,680.61 800,163.45 43.00 01- Aug -17 92.00 800,163.45 74,443.32 12,248.72 62,194.60 737,968.86 44.00 01- Nov -17 92.00 737,968.86 74,443.32 11,296.66 63,146.66 674,822.20 45.00 01- Feb -18 92.00 674,822.20 74,443.32 10,330.03 64,113.29 610,708.91 46.00 01- May -18 89.00 610,708.91 74,443.32 9,043.75 65,399.57 545,309.34 47.00 01- Aug -18 92.00 545,309.34 74,443.32 8,347.47 66,095.85 479,213.50 48.00 01- Nov -18 92.00 479,213.50 74,443.32 7,335.69 67,107.63 412,105.87 49.00 01- Feb -19 92.00 412,105.87 74,443.32 6,308.43 68,134.89 343,970.97 50.00 01- May -19 89.00 343,970.97 74,443.32 5,093.73 69,349.59 274,621.39 51.00 01- Aug -19 92.00 274,621.39 74,443.32 4,203.84 70,239.48 204,381.91 52.00 01- Nov -19 92.00 204,381.91 74,443.32 3,128.63 71,314.69 133,067.22 53.00 01- Feb -20 92.00 133,067.22 74,443.32 2,036.96 72,406.36 60,660.87 54.00 01- May -20 90.00 60,660.87 61,569.26 908.40 60,660.87 0.00 Total Loan Payments: 4,007,065.22 Total Interest Paid: 1,277,065.22 Total Principal Repaid: 2,730,000.00 U 'W V Z w O w w 00 LL Z O U Q O'^ vJ w 0 W w O L.L L.L Q ti 0 0 N O O N LPL vJ D w w D w U w O EXHIBIT 2 M lf) DD 0 0 COMCAOOr690�'O f� O- Z�Or0IV0 M 1t 0 0 00 CCI COiMOA O CL (p�M rr- mm� 0LOLO OOOti0r- N69 w N w ra 69 69 Z N 69 LL Q' 4069 60). (D MO00� LU�CND000� 000OLnr V- fMlp ���, ��� LL a N 't CO OOCC)OLO I- (DCCO OOM�00 U.) f' d) C!J CD L() O r C4 ft 4 D V S O 61} r 000 ti O. O O IT M� 69 1- V* N } 69 69 69 40 6-} r 69 LL Q 0)0m 0003)LOIt E969N�00 �FCO�N N O O O M[- � � 4 r C r 40 LL Q O O O O O O N N Z 000 Lp M 00 OOOO(i � C) 0) 0 ) O N 64 Rt i OO�rpN >- LL Q �w 60- � a m U O. O L j 7 y 0 -j a m cQ '= Y a) •L• c C N +�+ p 0 (� m O LL L o LL �_ L c: c d .0 LU E c (D m omu :3 c > a) m (D L >Q Lc w -`O ate) ac) WQ O 'a3 W :3 -a a) C) N p_ w'� CL " CL �' W o c� u. > ° ..L E La — c >, M -0 m m wU 1-- 0CD s�cnUF EXHIBIT 2 /F- 0 �M W W 0 a 0 W CL co O O N v C a F.. 0 LL 0 V r N m d CD co CD co CD O Cl) le O O O N O N C� N N of M d h• n M O M Im O O p O O 7 LL m LL. m LL CO L O O L) O N p p O O O N O N p a+ N N . O N N CD 4 O -p �' O C 'O LL m LL m 3 U. m °o ccoo v °o �_ r p N h O O ° N O d 41 O 0 A le D tm r r- O , O dC O y p 7 p d 7 m m m LL LL Q LL Q Q O Iq O O O O O O O O O O D d O LA O O O O L6 O O CM LO O LO N O V7 'i O M CL T Q M 4a LL Q n '0 O °° O C) o CD p °o co o co ° o , O N O A O N r LG O .O O` 7 N N O co M M >- G m LL Q c o _ aD C O ca ca t U — c m U � o m `o m io m N N am+ y am+ L N .� w O Q O O �7 m _ m O o CD m a Z _ c� y o0 0 cmi a� m to a> U) ink aC a m a) w `� m a� x Co m d rn C C13 U) m Ln Qrn m w c o� � O L = a a) min m- U m .� m co c U) B m cc i> c u c w '� a) o d U) Z m a` E �m C'O 0 c a) O N O m c[2 fn w Z a) m 7 Q E O U y y. C w c� a m m@ Q O o U) @ 5 a CL o c m e m or-cc c m O O O °d an ) Z : Ln O U c c rn i s E w m c .� •c .Q c '9 :v o :� o f c t a a w 5a`O�oi -a`U SUw U.a LLB v�a0a0 O N O Ln O n O r O L0 O O M O r O fr N M O N O LL'7 O O M O O M Iq LM LO f� d' O O Cl) LO d' CO LO e} O V m O M M O LI; } M M M M M M M aD O a0 V eF r a r d LL LO Ln LO Ln Lti Ln Ln Ln Ln Ln LO LO LO LO O O O O O O O O O O O N O r r r r ° 0 RR 0 a co co m co m co co m co m m co r N m d 1"' 0 cl /D W a W O CL 0 w a _0 0 N Q V G a F- 'O V/ LL LO 1"" U v N rn co 0- O Cl 00 Cl O O O LO o O O o O m p N Ln N p Cl) d' LO LO M p� M O� O a O O LL Co LL Co n O O n O O O O O. O M O M O LO N O le d d N co V a► Q a a tm o a LL m LL m CD O O O O O LO O O O W M N LO Ln co C d1 9 C co N CA cz LL a m Q m LL CO O O O O O O O O ; y O O O LO O U') O O L6 O L m a Cl) M M N >- Q m N M LL Q O O O O O A O ti 0 +' C. O Iq LL) O O p1 0 0 a � D a LO N N I� co O M O N r CO LL LL m a a 0 0 L N N r o c a 00 c c y y> aoi 6 o m H '- O O O J. 3 Ckd LL_ m ..' N U v N a m y N OL C E U) C ' C U O CL ¢ O y m C C I— r W d O C m m O An n U) O m O y d1 D N O C -5 ¢ y ¢ O. a� y cv CL °� aZi c o ¢U N w C m �. d U) @ CO U O N w N N L W n c o c m e = U) ¢ .° C ¢ v N � O f4 C N O c N Hy L0 G O 11 O O N = m w a c M W N U, O O M M M M M M M LO CMG Ch LO � Ln CI' Ln In Ln Ln l[) L() LO LC) LO Lt') 9 Ln 19 In 9 L47 Liz LO 9 0 0 o O o 0 0 0 0 0 0 0 0 Rld 0 0 0 0 0 0 lco 0 0 cfl m m co m Lo m m co v N rn co 0- W In MD W W O a IL O t0 O O N UC G a O U. O V M N m CL CD m N ya) O� CD CD 0 0 O aO IT Vn' O M O LO O O y M r CD 7 0) t0 Cl) p LL m LL m N O O Cl N O4) Of Ur O M LO O O O O C C = O O 5. m LL LL m C) 0 CD O O d d C? m N M O n O C It CD m Q m LL Q LL d O O p O CD O C, O O O � p O O LC) pO1 'O O Lf� O LA I M a U- Q 7 m LL Q o�d� 0 0 o ��Y 0 o0 0 0 0C 0 0 C 0 0 0 0 0 0 LO O O O M O Cl) O O O 'O M O N N N Lo M N am O >- am r LL Q LL Q U) a� 3 m CD ° °' a N in O _ m oo Oa U O_ =o0) c o a> E a 3 O Z w O � u) rn m � m � m a y E E a) o c 3 o a in CO o E c°o o oa3000o aH c � c a d > >�'c '—c LO m= N y U) o O m a m E m ` rn a) c E- E LL '7 ° c O °o m ao to m c U) N c y �� m C7 �, o�m'an° -goo o m Z m (D aVc =3 ��? c c c rng o C 0 C ca gaoaNLc m a m m.c a c uDo Cl n m •� C m y U c'n @ m� N N O>•N .� m O N d 3 U N c m L C O C O t6 E V m E m E N LL O` LO ea C1 'O C m N w= m C N N m f.- f6 w> EJ) N '� m CD U ca m D U p 'C O= O d N C j 0 0 L N 2 L ` O N U U O a` O a 1 O a s 0 N� 0 0 � 0 M O N o � 0 r N 0 M t`7 vrd) C? V C M M 1- d' d) O o) O Lo LO LO U') LO LO LO LO LO L? L() 19 9 L? Ln 47 Ll? 0 0 0 0 O O O O O i O O O O O_ _O O_ C- <O LO LO _O CO t0 LO CO M N m CL W D m 0 W O CL O w a. 0 co N 9 V a_ r O LL O V c� d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o p p c00 N O N to LL) O N Ln CO O O p CD y n W c0 W O N N W M M CD D LL. m O M h O o 00 h O 0 O tp O O O O O O O C) O O a O 4) cr O cc LL) `Ch LL) L() O N Cl) h N •-' t0 N eY p D h N m LL h O h 0 O 000 O i 0 O O M O O! Go O 00 LO Lt) �- LO o L() co h to Lo d Ln h N �- Ln O N N LA c0 a1 h N D CD m LL a to D O) O (O O N h M 00 O LO CA CO CO h M O O O 00 O O O O O M O 0 O O O O O h N - t0 le N p 7 d N CO N c0 O O L L) r- O O La p N 00 00 N Csi LL co O ci m p r. D >- am CO N N LL a D h C) O N h N c0 N O U) LO LO Lr) O O h h M 0 0 o 0 O O O Co O O O O O O O N O O N U) O �- co 01 N P p 4) N O N M O O — Lj7 — CO O L° O LC1 LO O O O M CO O W N 4 Lo c0 t0 O Lt) N N } G U- � T t 3 U ° O N .T. N N Q ~ t6 LO 0 cc C N r- CD O O o fR U C N Q O H N o O N N U fA d O c U i a O 3 LO co CD c 7° � a U O N m _� C O m O) V U d Q E 7 0 H rn ca C N M ^2 LO N— J N c C C N a. t0 N m }� a O o o Ln N p cc O c N c O •C Q' W a) Q o0 L) a O 3 C' O O O w fCO CL U) cla v o�0, Q C) U) t0 O O U N N p) w U o N ,N O t6 c t6 C N N — ` tp. L C �_ N �- 3 CL w N .�h... 7 L C .r... O C U :3 U 0 3 l6 t0 t0 O U C d CL N ' O O a O E O r2 y t6 O cc U w t6 (.) N N. U a W J J Q N Z N 3. Cn n N 0,8 t6 c w �a o m c o c tZ Q m° aS tm c_ °) 3 cr- N c o m Mn to 0 4) .E £ r ���� L E � 3 °UQ .a � a._ � ,t3 Ott � m m >aa�a� ° � ° � ;��,° � � � ° U ° aOF` W ofn.2 ¢OOm w w O Q (t) U)<a`U FL -j -LLLL 0 o0000 N.. . o0 Ln 000 O r r M 0000 Ln . 0 N 0 M LO N N N N M N N M 4 M d' M O d' O d• 4 I In i w i M 1• O IT N LO O Ln q M CO O CA LO LL) R Ln U) LO U) lt) V LO V• lfi LO LO V' LO d' In LO LO V LO L In V• L() LO L(): LO In V lC) V l() LO W) Ln Ln L? Ln Ln (° Ln Ln Ln Ln i Ln i L() i LL) i LC) i L? i Ln i Ln r Ln L? i L() O O O O i O i O O O 0 0 0 0 0 O: O O O O O O 6 6 O_ O O 6 O 6 O_ 6 O O 6 _O O 6 6 (p C4 Cfl CO CO O Cfl _O CO t0 O O CO to O CL) CO O CO C4 c� d W DM W W O CL w O c0 O O N Q v G Q r O LL O V T, a) ns a O O O 00 O O o 0 C) O o o 0 O o Ct O p y. N N O CD d p CO LO N N M C) a O p a CD 0 LL CO LL m LL m O O O O V N O O O O O O V) LO r- La O' d O d N N t` p C d O p CO CO CV It M o M p a 7 a � LL m LL m I U- m O O O to O� a O O O O O O LO O V) O O CO _ O rl v M r N a C C) 4 O co o Cn o CO a 0 0) 4) 0 0 0 0 0 a C 0 CO O CO N M �. C p M M C� N O O D N p O a O d O O N LLam' LLam } 4 LLam try �N O) 4) O O O 00_ O co O °o Co O 0 O 0 O o 0 O O O o rn m to �i 0 0 > O LO O (O CO 't f- CO LO f- M Co N N L a } Qom, 7 °° CO LO N r LL a Nco 000 O C) N C) O r r d ++ to CO oo O 0 Go Co 0) O O d > d C > d CA N N 8 G-p CCOO LO M tC) 0 0 .a o p 'O } a r } am } am LL a LL a LL a 0 N a a a J o O r N E2 a o N c CL > 0 a o o U C 7 Q rL ` O 3 LL 3 to LL Z a O h -- V N c 7 H U a) o O y c c r 3 CD Y a>,i - - O s~ .N CL n E c ° o° o f6 o 3 z 0 o c � CD o o m 0 o c o r p ) N - C W N O E N rn U N U) C C6 � N � m N � E N O O T Q C O C .Q i a U Co U (0 °� m CL c� j 0 -� >� m N o E d 0 LL O LL :� a) C` U) C\ H C7 y � - m LL' l6 f4 .tq E a d m c O E o C\ _ d O C 7 CO �� i N N � C O� CP -C-" H . ~ A2y ? = 0 ' Cn cc d N C A C q C C t Q C N C iq d C O y E t6 N CL6 (6 ,�,� C! CO 0 N 2 @ H cc LL N H H I- O O 0 H w LL J 2' N d d LO N O M LO CM N M O N LO N O M O N O LO M O N LO N O LO M m CT T C) CA O T M Ct7 O) m M M V M CA CA V LO V LO LC) V LC) � L() U) 'V• U') LO LC) LO l() LO CC) (A LD LO m L() m � � � L? Ln Ln L[) Ln LA LC) Ln LO Lo LC) L? O O O r O O r O r O O O O O O O O O_ 66 6 O_ O_ O O_ O_ O O O_ O_ O_ CO O to CO O Cfl 0 CO CO CO CO M O CO T, a) ns a W a MD W W O a O a O O O N a a 2 J CO) LL O LAI a� rn c� d 00 °o °o 00 °o p Ln V a+ O C. O p a+ N o C d p rnrn a0 O p o `7 0 O h CD OW N N O O N ,I N G •a A LLLL m }' LL m LL m LL m r— Cl) ti M O O O O O O � p a+ co (O a0 (O p w N 07 A O p O N O N O N O O O O r CD LL m LL m LL m LL m Ln O d d I- 1, O d (D O Cfl O O d d O p � d a7 aa) 01 Go N a p a co co d. = p a ^ a C O p '6 O 0 O 0 .a = 0 � 01 N O y m O d m t0 LL a m N N LL a m N N r LL a LL a O O O O 00 T N d Cl 0 O CT O p o 'n �vva c> w °- °m CD co co � a m N N LL a r a CD o p 0 O 0 o 0 a � N" v h o C :, 0 0 C', r m p ai C C O O p> 9 N p O tD > p G a 0 LO O O O m O T C co Q a O ti N aD N N r r a m CL >- p CL r Cm co M w I Ln aD LL Q LL Q M > wa E Y 5 O !L O E > H 17 F d 15 d d 7 N (a d 7 N 3 N f6 m 7 3 N N C a) U > N C O ; p f0 o a U) o m E cn a o a) ' m @ ¢ U) ia � (n a o aU' v u) E Z E 0 . . ' .a) (D o mn yT a) 0U) rU) - U) cc N Q c o mD H 0 o u o@ o E O N C En o� O a` aa00 O s s O a` � O CL —i Q0- O t7 a� rn c� d South Miami M-AmwicaCft U ^ INCORPORATED • CITY OF SOUTH MIAMI � 1927 I -_ o 27o p OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Randy Wiscombe Vice Mayor Date: November 28, 2006 Agenda Item No.: Subject: Identification Measures for Visitors to all City Hall Buildings Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING SECURITY MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; REQUIRING FOR "IDENTIFICATION MEASURES" FOR, VISITORS TO ALL CITY HALL BUILDINGS; PROVIDING FOR AN EFFECTIVE DATE Request: To approve Identification Measures for Visitors to all City Hall Buildings. Reason /Need: In an effort to provide much needed security in City Hall buildings, visitors will be required to provide a state required picture identification document and to complete a Sign -In Sheet. Information required on the Sign -In Sheet shall include: • Visitor's name • Visitor's telephone number • Time in and Time out • Name of the person(s) or department visiting Also, the north and east entrances shall be the only access into the building with appropriate signage to every office and sign -in (front) desk. Cost: N/A Funding Source: N/A Backup Documentation: • Proposed Resolution • Sign-in Sheet ❑ Police Report: "City Hall Security Concerns" ❑ Input from other cities on policy regarding security RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING SECURITY MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; REQUIRING FOR "IDENTIFICATION MEASURES" FOR VISITORS TO ALL CITY HALL BUILDINGS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of South Miami has identified the need for security measures to be taken at City Hall; and, WHEREAS, the City has determined that such security measures are needed for the security of both personnel, visitors and City equipment; and, WHEREAS, the "identification sheet" shall be placed at the Receptionist's desk located in the main lobby of City Hall and shall be filled out by all visitors to City Hall, which sheet shall include; but not be limited to, disclosure of visitor's name, telephone number, one form of identification with picture, time in/time out and identification of the person(s) or department visiting. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That a security "identification sheet" shall be placed at the Receptionist's desk located in the main lobby of City Hall and shall be filled out by all visitors to City Hall, which sheet shall include, but not be limited to, disclosure of visitor's name, telephone number, one form of identification with picture, time in/time out and identification of the person(s) or department visiting, a copy of which sheet is attached as Exhibit "A ". Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney APPROVED: U : • _C COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: City of South Miami Police Department INTER-OFFICE MEMORANDUM TO: Yvonne McKinley City, anager FROM: Vincent Landis Chief of Police DATE: October 41 2006 SUBJECT: City Hall security concerns Reference your concerns over the security at South Miami City Hall, I instructed Sergeant J. ` Griffin, who is the police departments Certified Crime Prevention Practitioner, to conduct a security survey. Please keep in mind that these recommendations are not absolutes. The level and mythologies applied are very much open for discussion. This report gives you optimal measures for worst case security breach scenarios. Bottom line, security is very much a personal comfort level. My suggestion is that we discuss Sgt. Griffin's report and decide what applications best fit our security concerns. VAL /cm South Miami Police Department Security Survey Conducted on 9/27/06 Performed by Sgt. J. Griffin Site: City of South Miami City Hall Reception Lobby: 1. Problem: Currently, visitors are required to sign a Visitor Log which is located at the receptionist's desk prior to conducting business at City Hall. If the receptionist is not present at the desk (which occurs on a regular basis when the receptionist goes to lunch or is running errands), it is possible that visitors may not sign the log as required. Additionally, there is no cross - verification being performed to ensure that visitors are identifying themselves accurately. Solution: Constant staffing of the receptionist's desk during City Hall business hours. Visitors shall produce an acceptable form of identification (Florida/Other State Driver's License/I.D. Card, Government issued I.D., etc.). A sign should be posted at the entrance advising visitors of this policy. 2. Problem: Currently, there is no way to ensure all visitors sign the Visitor Log due to the availability of several entrances to the building. Solution: Limit access to the building to one entrance. This should be the double glass doors located on the East side of the building (where the reception lobby is located). Additionally, a series of poles with expandable barriers (similar to the type used in movie theaters) should be placed inside the entrance to guide visitors to the reception desk. 3. Problem: Currently, there is no way to ensure that weapons are prevented from being brought inside the building. Solution: A metal detection device should be installed inside the entrance. It should be constantly manned during City Hall business hours. Additionally, all packages /purses being brought into the building should be searched. A sign should be posted advising visitors of the policy. Finance Department: 1. Problem: Currently, the door leading from the receptionist lobby to the "mail room" is kept open, allowing access to expensive equipment and information of a sensitive nature (personal information, checks, etc.). Solution: The door should remain closed and locked at all times. Install a 180 degree peephole in door. l Av-G#.r5 2. Problem: Currently, the cashier window has no way to prevent anyone from climbing through to the office interior. Additionally, the roll down "shutters" being used on the cashier window are made of a material that lends itself to being fairly easily defeated, thereby allowing access into the office's interior. Solution: A barrier (similar to that used in the Communications division in the Police Department) should be installed in the cashier windows. If "shutters" are still desired, they should be constructed of a material that is more difficult to defeat. 3. Problem: Currently, there is only one panic button in the finance department, and it is located next to the cash register, which is located under the cashier window. Solution: All employee desks should have panic buttons installed under them. Additionally, all panic buttons should be tested on a weekly basis to ensure they are operating properly. 4. Problem: Currently, some of the windows that are capable of being opened had one of the two installed latches disengaged, and all had the window cranks attached. Solution: All latches should be properly secured and window cranks removed to reduce the potential for access. City Clerk: 1. Problem: Currently, there is only one panic button in the clerk's office, and it is located under the City Clerk's desk. Solution: Install panic buttons under all employees' desks. They should be tested on a weekly basis for proper operation. 2. Problem: Currently, the top latch on two windows capable of being opened was disengaged. L Solution: Ensure all latches are properly secured and cranks removed. 3. Problem: Currently, the half door allows a person easy access to the office's interior. Solution: Install a solid core door and keep it closed and locked. Install a 180 degree peephole in the door. 70 $ t 0*iv Human Resources: 1. Problem: Currently, the only panic button in the office is located under the Human Resources Manager's desk. Solution: Install panic button under all employees' desks. They should be tested on a weekly basis to ensure proper operation. 2. Problem: Currently, the half door allows a person easy access to the office's interior. Solution: Install a solid core door and keep it closed and locked. Install a 180 degree peephole in the door. Snack Room: 1. Problem: Currently, the window capable to being opened has both latches disengaged and the crank is still attached. Solution: Ensure that all latches are properly secured and crank is removed. City Manager's Office: 1. Problem: Currently, the only panic button in this office is located under the secretary's desk. Solution: Install panic buttons under all employees' desks. They should be tested weekly to ensure proper operation. Building Department (Second Level): 1. Problem: Currently, the only panic button is located at the desk next to the visitor entrance. Solution: Install panic buttons under all employees' desks. They should be tested on a weekly basis to ensure proper operation. 2. Problem: Currently, the entrance has a swinging half door and a low desk allowing access to the office interior. Solution: A barrier (similar to that used in the Communications area in the Police Department) should be erected over the desk and a solid core door installed. The door should be kept closed and locked. Install a 180 degree peephole in the door. 3. Problem: Currently, some employees don't have access through the rear door (leading to the Police Department). Solution: All employees working in the office should have access to the rear door to provide a secondary means of exiting the office should the need arise. IN 4 F-i/1 E, 7-MO Z>OOA t.c+c.tl General Facility: 1. Problem: Currently, the exterior glass is unprotected, providing a possible means of entry to the building. Solution: Window film that resists breakage /shattering should be applied to all exterior windows. 2. Problem: Currently, there are four separate means of entering the City Hall facility, making it difficult to effectively control the movement of visitors. Solution: The only access should be through the double glass doors located on the East side of the building. This would require all visitors to be properly documented and would reduce the ability of persons to move about the facility undetected. Ll 3. Problem: Currently, meetings are held on a recurring basis where civilians have complete access to the building, after normal business hours, with no supervision by City personnel. Additionally, no advance notice of these meetings is given to the Police Department. Solution: A policy should be implemented that makes it a requirement that at least one City employee be present in the facility during any after -hour meetings held by civilians, whether the meeting is a City sponsored event or not. Notice of these meetings should be given at least one week in advance to the Police Department. Exterior: 1. Problem: Currently, there are no cameras monitoring the exterior with the exception of the glass door on the West side of the building. Solution: Cameras should be installed that would provide exterior coverage of the entire facility. The cameras would be recorded with the interior cameras already in place. 2. Problem: Currently, there is an inoperative ground light fixture on the East side of the building, and a ground light fixture on the East side of the building that is directed at the ground instead of the building. Solution: Replace burned out bulb and redirect misaligned light fixture. 3. Problem: Currently, there is greenery partially blocking the clerk's office window on the North side of the building. Solution: Trim greenery. 4. Problem: Currently, civilian vehicles are permitted to be parked next to the facility, allowing an opportunity for explosives to be placed in vehicles and detonated which would cause a substantial amount of damage to the building and possibly result in loss of life. Solution: Erect a fence around the perimeter of the property and prohibit any vehicles, other than those belonging to City personnel, to be parked on the property. Additionally, concrete barriers, such as the posts that are in place behind the exit on the North side of the Police Department, should be placed around City Hall to aid in making it more difficult for a vehicle to be driven into the building. 5. Problem: Currently, civilians are permitted to bring food and beverages into the building, allowing the possible introduction of chemical/hazardous materials into the facility. Solution: Prohibit any outside food/beverages being brought into the building by non City personnel. 6. Problem: Currently, there are no means of ensuring that City personnel are identified when entering the building. Solution: Require all employees to show City issued identification upon entering the facility. Silva Martin Building: 1. Problem: Currently, both doors providing access to the central services area are kept unlocked, allowing easy entry into the office. Solution: Keep both doors locked and provide a doorbell for use by civilians wishing to conduct business with Central Services. Install a 180 degree peephole in both doors. 2. Problem: Currently, the door located on the East side of the building is in poor condition and needs replacing. Solution: Install new door with 180 degree peephole and deadbolt. Install hinge pins due to door having exterior hinges. 3. Problem: Currently, the door located on the NW side of the building is secured only by a sliding pin lock. . Solution: Install deadbolt and keep locked. Install 180 degree peephole in door. 4. Problem: Currently, the door that is East of the main entry door has a deadbolt that is not being used. Solution: Utilize deadbolt and install 180 degree peephole in door. 5. Problem: Currently, numerous exterior windows have cracks in them. Solution: Replace cracked windows and install break/shatter resistant window film on exterior windows. Disclaimer: The purpose of this survey is to provide security recommendations. This report is only advisory and is not intended to identify all security weaknesses or to warrant the adequacy of all present and future security measures whether or not recommended. I �k 7 WORM Menendez, Maria From: Menendez, Maria Sent: Friday, September 15, 2006 11:52 AM To: 'Tom Schneider' Subject: RE: policy regarding security Thanks a lot for the input. Maria - - - -- Original Message - - - -- From: Tom Schneider [mailto:toms @tamarac.org] Sent Friday, September 15, 2006 12:01 PM To: MMenendez @cityofsouthmiami.net Cc: Marion Swenson Subject: RE: policy regarding security Per City Commission contract with Wackenhut, Tama c City Hal has a guard tationed at the entrance who requires visitor sign in and out of City Ha 1. Visitors re issued a temporary "Visitor" sticker to we r while on the p emises. Tom Schneider, CMC - Assistant City Clerk City of Tamarac, Florida 954- 597 -3505 Subject: Fw: policy regarding security Please see e -mail from Maria below and respond directly to her at MMenendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 Hello Barbara, I need to poll fellow clerks to see which cities may have a policy having visitors register as they enter the building and before they go on to any department. I.know for a fact that the county makes you leave your driver's license as you enter and they return it to you as you leave. The reason I'm asking this info from all of you is because we are experiencing certain opposition from some visitors. I will very much appreciate everybody's input. Maria M. Menendez, CMC City Clerk 6130 Sunset Drive South Miami, Fl 33143 (305) 663 -6340 mmenendez @cityofsouthmiami.net www.cityofsouthmiami.net The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. Email messages are covered under Chapter 119 and are thus subject to public records disclosure. All email messages sent and received are captured by our server and retained as public records. 1 Menendez, Maria From: Nancy Ball Richter [NancyB @oaklandparkfl.org] Sent: Friday, September 15, 200610:56 AM To: mmenendez @cityofsouthmiami.net Subject: Security Policy... ** Reply Requested• WIT& -• enient ** We recently :installed a camer system with,•a.� --d-i 'tall 14 -day loop, and positioned cameras on each flod�� by the elevato and in hal3ways. Additionally,'-w,e „ "hi�rec senior aides hrough AARP at no cost to the City) to staff a desk in the lobby for nyone 'D at to go to the second floor (we have only two floors) of the building. Second sitors must sign in and present ID. All offices on the first floor have staffed counters, so those offices are secure. We have had no resistence to the security measures. We simply tell the residents it is for everyone's protection, including the general public and staff. Nancy Ball Richter, CMC City Clerk - City of Oakland Park 3650 NE 12 Avenue Oakland Park, FL 33334 Tele: 954 - 630 -4300 / Fax: 954 -630 -4302 NancyB @oaklandparkfl.org Please Note: Florida has very broad public records laws. Most written communications to or from local officials regarding official business are public records available to the public and media upon request. Your e -mail communications may therefore be subject to public disclosure. 1 Menendez, Maria From: Menendez, Maria Sent: Friday, September 15, 2006 11:01 AM To: 'Neugent, Judy' Subject: RE: policy regarding security THANKS A LOT. MARIA - - - -- Original Message---- - From: Neugent, Judy [mailto:jneugent @ ppines.com] Sent: Friday, September 15, 2006 10:57 AM To: MMenendez @cityofsouthmiami.net - Subject: FW: policy regaxd� -r� security Maria, have at 6curity guar at the front entrance of City Hall; visitors Dkno and show ,:picture ID,ndsthe�Z st pass through a screening device. s far as the gua rd do not re in the ID. Judy NeugentW Pembroke Pines The City of Pembroke Pines is a public entity subject to Chapter 119 of the Florida statutes concerning public records. Email messages are covered under Chapter 119 and are thus subject to public records disclosure. All email messages sent and received are captured by our server and retained as public records. Subject: Fw: policy regarding security Please see e -mail from Maria below and respond directly to her at MMenendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 - - - -- Forwarded by Barbara McDaniel /Davie on 09/15/2006 09:54 AM - - - -- Hello Barbara, I need to poll fellow clerks to see which cities may have a policy having visitors register as they enter the building and before they go on to any department. I know for a fact that the county makes you leave your driver's license as you enter and they return it to you as you leave. The reason I'm asking this info from all of you is because we are experiencing certain opposition from some visitors. I will very much appreciate everybody's input. Maria M. Menendez, CMC City Clerk 6130 Sunset Drive South Miami, Fl 33143 (305) 663 -6340 mmenendez @cityofsouthmiami.net www.cityofsouthmiami.net 1 -- :�� Menendez, Maria From: Menendez, Maria Sent: Friday, September 15, 2006 10:32 AM To: 'Eastman, Debra' Subject: RE: policy regarding security Thanks a lot for the input. Maria - - - -- Original Message---- - From: Eastman, Debra [mailto:EastmanD @townofmiamilakes.com] Sent: Friday, September 15, 2006 10:36 AM To: mmenendez@cityofsouthmiami.net Subject: RE: policy regarding security Mara We have a log at the reception desk and visitor are asked to sign i)ander It gives the receptionist the opportunity'to al t the department. Otherwise we had some committee members who felt ey had a pass the halls Debbie Subject: Fw: policy regarding security Please see e -mail from Maria below and respond directly to her at MMenendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 - - - -- Forwarded by Barbara McDaniel /Davie on 09/15/2006 09:54 AM - - - -- "Menendez, Maria" <MMenendez @cityof southmiami.net> To "'Barbara McDaniel @davie- fl.gov'" 09/15/2006 09:26 1 < Barbara McDaniel @davie - fl.gov> Hello Barbara, I need to poll fellow clerks to see which cities may have a policy having visitors register as they enter the building and before they go on to any department. I know for a fact that the county makes you leave your driver's license as you enter and they return it 1 Menendez, Maria From: Menendez, Maria Sent: Friday, September 15, 2006 10:15 AM To: 'Ronetta Taylor' Subject: RE: policy regarding security Thanks Ronetta. That makes sense. Maria - - - -- Original Message---- - From: Ronetta Taylor [ mailto :TaylorR @miamigardens - fl.gov] Sent: Friday, September 15, 2006 10:00 AM To: Menendez, Maria Subject: RE: policy regarding security �►Hi Maria, the City of Miami Gardens re uires all visitors, as well as lobbyists to register with the front desk _before � are announced /escorted (City Hall department areas are se rre and one muses a- lve a security key to enter)to the applicable department. Subject: Fw: policy regarding security Please see e -mail from Maria below and respond directly to her at MMenendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 - - - -- Forwarded by Barbara McDaniel /Davie on 09/15/2006 09:54 AM - - - -- "Menendez, Maria" <MMenendez @cityof southmiami.net> To "'Barbara McDaniel @davie- fl.gov l'I 09/15/2006 09:26 < Barbara McDaniel @davie- fl.gov> cc Subject policy regarding security 1 . ,.. a .,. Menendez, Maria From: Ronetta Taylor [TaylorR @miamigardens- fl.gov] Sent: Friday, September 15, 2006 10:28 AM To: Menendez, Maria Subject: RE: policy regarding security The( sign in 1 lso provides information on who a director or department's time is being spe4t, especiall if there is a high volume of visitors. ----- Oiiji -nal Message---- - From: Menendez, Maria [ mailto: MMeriendez @cityofsouthmiami.net] Sent: Friday, September 15, 2006 9:15 AM To: Ronetta Taylor Subject: RE: policy regarding security Thanks Ronetta. That makes sense. Maria - - - -- Original Message---- - From: Ronetta Taylor [ mailto :TaylorR @miamigardens- fl.gov] Sent: Friday, September 15, 2006 10:00 AM To: Menendez, Maria Subject: RE: policy regarding security Hi Maria ' tTie City of Miami G dens requires all visitors, as well as lobbyists to registe with the front desk b fore they are announced /escorted (City Hall department areas are cured and one mu have a security key to enter)to the applicable department. Subject: Fw: policy regarding security Please see e -mail from Maria below and respond directly to her at MMeriendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 - - - -- Forwarded by Barbara McDaniel /Davie on 09/15/2006 09:54 AM - - - -- "Menendez, Maria" <MMenendez @cityof southmiami.net> To "'Barbara McDaniel @davie - fl.gov "' 09/15/2006 09:26 < Barbara McDaniel @davie - fl.gov> AM cc Subject policy regarding security 1 Page 1 of 1 Menendez, Maria From: Teresa Soroka [SorokaT @cityofaventura.com] Sent: Friday, September 15, 2006 10:05 AM To: mmenendez @cityofsouthmiami.net Subject: security Maria, everyone who enters our government cent r shows picture i.d. and receives a security pass with their picture on it. Teresa M. Soroka, MMC 19200 West Country Club Drive a Aventura, Florida 33180 �-- (305) 466 -8901 (305) 466 -8919 Fax 9/15/2006 Menendez, Maria From: Menendez, Maria Sent: Monday, September 18, 2006 8:52 AM To: 'Price, Barbara S.' Subject: RE: policy regarding security Thanks Barbara. - - - -- Original Message---- - From: Price, Barbara S. [ mailto:BPrice @coconutcreek.net] Sent: Monday, September 18, 2006 9:00 AM To: mmenendez @cityofsouthmiami.net Subject: RE: policy regarding security Maria, at the City of Coconut Creek, we ave all visitors sign (and out) a register in our reception area and they wear an orange sticker at reads, "Visitor ". Barbara Price City Clerk °� -. ®• - ° °.'� -,� Coconut Creek - - - -- Original Message - - - -- From: Barbara_ McDaniel @davie - fl.gov [mailto:Barbara McDaniel @davie - fl.gov] Sent: Friday, September 15, 2006 9:56 AM <<< EXTERNAL EMAIL >>> Please see e -mail from Maria below and respond directly to her at MMenendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 - - - -- Forwarded by Barbara McDaniel /Davie on 09/15/2006 09:54 AM - - - -- "Menendez, Maria" <MMenendez @cityof southmiami.net> To "'Barbara McDaniel @davie - fl.gov "' cc Subject 09/15/2006 09:26 <Barbara McDaniel @davie - fl.gov> AM policy regarding security 1 0 Message Page 1 of 1 Menendez, Maria From: Stilson, Louise [Istilson @ci.dania- beach.fl.us] Sent: Friday, September 15, 2006 1:47 PM To: mmenendez @cityofsouthmiami.net Subject: Security Policy ttached is a resolutio dopted by the City Commission in 2004 regarding Security Sign -in Measures. e resolution is still posted on the front door to the reception area at City Hall. The policy has worked quite well, we have not received any complaints. Louise Stilson, CMC City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 (954) 924 -3622 lstilson@ci.dania- beach.fl.us 9/15/2006 RESOLUTION NO. 2004 -032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING SECURITY MEASURES FOR CITY HALL PERSONNEL AREAS; IMPOSING A REQUIREMENT FOR "SIGN -IN MEASURES FOR VISITORS TO, CITY HALL, WHICH WILL INCLUDE VISITOR'S SIGNATURE, IDENTIFICATION OF PERSON(S) TO BE SEEN AND A ,BRIEF STATEMENT OF THE REASON(S) FOR THE VISIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for security measures to be taken within the areas commonly known as City Hall personnel areas; and WHEREAS, the City has determined that such security measures are needed for the security of both personnel and that of City equipment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That a security "sign -in sheet" shall be placed at all entrance locations to personnel areas in City Hall and shall be filled out by all visitors to City Hall, which sheet shall include, but not be limited to, disclosure of all visitors' names, signatures, statement of reason(s) for the visit and identification of the person(s) to be seen, a copy of which sheet is attached as Exhibit "A ". The City may require other forms of security, such as, but not limited to, a requirement that visitors prominently display visitor badges and deposit driver's licenses or other forms of identification by City staff while the visitor remains in the building. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2004 -032 Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 24TH FEBRUARY, 2004. BOB ANTON MAYOR- COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES COMMISSIONER FLURY - YES COMMISSIONER MIKES - YES MIRIAM NASSER VICE -MAYOR MCELYEA- YES ACTING CITY CLERK MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY N RESOLUTION NO. 2004 -032 Menendez, Maria From: Sent: To: Subject: Thanks a lot Susan. Maria Menendez, Maria Friday, September 15, 2006 10:13 AM 'Slattery, Susan' RE: policy regarding security - - - -- Original Message---- - From: Slattery, Susan [ mailto :SSlattery @plantation.org] Sent: Friday, September 15, 2006 10:01 AM To: mmenendez @cityofsouthmiami.net Subject: FW: policy regarding security Maria, In Plantation, visitors are equired to sign 'n at our front desk a d are given a pass to go to various departments. Susan Subject: Fw: policy regarding security Please see e -mail from Maria below and respond directly to her at MMenendez @cityofsouthmiami.net Barbara McDaniel, MMC Assistant Town Clerk Town of Davie (954) 797 -1023 - - - -- Forwarded by Barbara McDaniel /Davie on 09/15/2006 09:54 AM - - - -- "Menendez, Maria" <MMenendez @cityof southmiami.net> 09/15/2006 09:26 AM Hello Barbara, To "' Barbara _McDaniel @davie - fl.gov "' <Barbara_McDaniel @davie- fl.gov> cc Subject policy regarding security I need to poll fellow clerks to see which cities may have a policy having visitors register as they enter the building and before they go on to any department. I know,for a fact that the county makes you leave your driver's license as you enter and they return it to you as you leave. The reason I'm asking this info from all of you is because we are experiencing certain opposition from some visitors. 1 Menendez, Maria From: Bonilyn Wilbanks -Free [ bibbanks- free @townofgoldenbeach.org] Sent: Saturday, September 23, 2006 12:02 PM To: mmenendez @cityofsouthmiami.net Subject: Security I just attened a meeting at the FDGT,. - -- district VI office —i south end of county and was required to leave my license. questioned this as I am o4 who might leave a meeting and forget the pass id to turn i and then I am without a licen e. I was told that any govt building has the right fo r his id under Homeland Security. Don't know if that helps you but it i,s not just the coun y; it is state also. Bonnie Wilbanks -Free Town Manager Town of Golden Beach 1 Menendez, Maria From: Menendez, Maria Sent: Monday, September 25, 2006 11:10 AM To: Menendez, Maria Subject: FW: policy regarding security 0� �m 12.01.21 - City Hall Controlle... - - - -- Original Message - - - -- From: Prainito, Janet [mailto:PrainitoJ @ci.boynton- beach.fl.us] Sent: Monday, September 25, 2006 10:16 AM To: mmenendez @cityofsouthmiami.net Cc: Barbara McDaniel @davie - fl.gov Subject: RE: policy regarding security I'm sorry for responding so late to this inquiry./"Here is our policy. Janet M. Prainito, CMC spin City Clerk 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone: (561) 742 -6061 FAX: (561) 742 -6090 email: Prainitoj @ci.boynton - beach.fl.us 1 CHAPTER: 12 SECTION: 01 SUBJECT: 21 PURPOSE: CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL Risk Management Risk Management Policies City Hall Controlled Access Policy No. 12.01.21 Page: 1 of 3 The purpose is to provide access for employees and facilitate access to visitors while in City Hall and adjacent East Wing. PROCEDURES: 1) Each Department will be responsible for identifying those employees who are to have frequent access to City Hall and the adjacent East Wing. These employees will be identified as to days and hours for access to these buildings. 2) The Risk Management Department will: a. Collect the list of employees and authorize their access to the buildings. This list will be forwarded to the Police Department for issuing employee pass cards. New employees will be processed through the Risk Management Department to the Police Department. b. Assist with the training of the Information Desk Staff regarding appropriate procedures to be followed. 3) The Police Department will be responsible for establishing a database and issuing pass cards to employees. The database will identify employee, by department, and the days and times he /she has access to the buildings. a. The Department will process requests for documentation of identification of individuals accessing the buildings. All such requests must be processed through the Risk Management Department to the Police Department. 4) The Facilities Management Department will be responsible for installation, monitoring, and repairs to the physical security system in the buildings. a. Facilities will install and maintain a "panic alarm" which will be set at various sites and ring through to the Dispatch Center. The alarm will be easily identifiable so that Dispatch Center can readily identify it and dispatch Police to the alarm site. 5) The Customer Services Division will be responsible for the daily operations of the Information Desk Staff in monitoring access to the buildings and shall: a. Ensure that the Information Desk is staffed during City Hall operating hours. I b. Designate specific, trained back -up personnel for the Information Desk. c. Greet all visitors in a professional, courteous manner. d. Ask visitors to register by providing a valid driver's license and signing their name and the department/person they wish to visit in the Front Desk Registry. e. Monitor stairwell and elevator hallway to redirect visitors to register. 6) For purposes of this policy, visitors are defined into three (3) categories: a. Regular visitors who are citizens wishing to visit a particular department and persons who have scheduled. meetings /appointments with city employees. b. Vendor visitors who are contractual vendors to the city and repairpersons who are responding to maintenance /service calls. c. Employee visitors who are conducting business in City Hall who have not been issued a permanent proximity card. 7) The following procedure shall be implemented after a regular visitor has properly registered (refer to Section 5d): a. The Front Desk Staff shall issue a regular visitor badge and contact the department/person that the visitor wishes to see. b. The department/person will then send a pre- designated employee escort to the front lobby to greet the visitor. c. The employee escort will then take the visitor into the restricted access area, directly to the department. d. At the end of the visit/meeting, the employee escort will take the visitor back to the front lobby where they will turn in the regular visitor badge and notify the Front Desk Staff that the visitor is no longer in restricted access areas. e. If at the end of the primary visit/meeting, the visitor wishes to visit an additional department, then the employee escort must accompany the visitor to the next department. Then the secondary department's employee escort is responsible for accompanying the visitor back to the unrestricted lobby area, and informing the Front Desk Staff that the visitor is leaving. f. Under no circumstances is a visitor to be allowed to proceed unescorted in any restricted access area. It is the responsibility of all city employees to politely question any unidentified, unescorted visitor in restricted access areas and to escort them to the Information Desk in the front lobby of City Hall. 8) The following steps shall be taken by the Information Desk Staff whenever Visitors refuse to sign in for access to restricted areas: a. If the visitor refuses to sign in, they will not be allowed access to restricted access areas. b. If the visitor becomes physically abusive or violent in nature, the Information Desk staff will utilize the "panic alarm" to request Police assistance. (NOTE. Verbal abuse is NOT a reason to call for Police assistance.) 2 a. If a verbally abusive visitor is requested to leave the building by the Information Desk Staff, and the visitor refuses, staff will telephone to Dispatch to request Police assistance in removing the verbally abusive visitor from the building. Every effort shall be taken by staff to bring problems to a mutually agreeable solution with the visitor. However, if this is not possible, Police assistance may be requested. b. Information Desk Staff will complete an Incident Report in all instances where a visitor is requested to leave the building or if Police assistance is requested. This Incident Report will be submitted to the Risk Management Department. 9) Vendor visitors must register at the front desk and relinquish their driver's license in order to obtain a proximity card and vendor visitor badge. The front desk must be notified in advance when vendors and repairpersons are to be expected. All vendors and repairpersons must wear, in plain sight, a photo I.D. badge, issued by their company. If the vendor's company does not issue photo I.D. badges, then they must purchase a City of Boynton Beach photo I.D. badge from the Police Department. When their delivery/repairs are complete, they must return to the front desk and turn in the temporary proximity card to have their driver's license returned. 10)Employee visitors must register at the front desk. The employee will relinquish their driver's license and be issued a temporary proximity card and employee visitor badge. When the employee has completed their business in City Hall, they must return to the front desk and turn in the temporary proximity card to receive back their driver's license. City Photo Identification Card shall be worn at all times to identify employee, and distinguish employee from visitors. 11)AII driver's licenses that are left at the front desk after business hours will be taken to the Police Department front desk where they can be retrieved by employees, vendors and /or repairpersons, upon turning in their proximity card and visitor badge. 12)Proximity cards lost or broken by employees or family members will be replaced at a cost of $5.00 each to the employee. 13)The Main Entrance doors of City Hall Lobby shall remain open to the public during normal business hours. 14)The City Commission Chamber doors will be secured unless the Chambers are in use. Effective Date: March 17, 2003 Kurt Bressner Kurt Bressner City Manager South Miami AlWhneftCft CITY OF SOUTH MIAMI t 1111. F • INCORPORATED • fi 1927 �. OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Randy Wiscombe Vice Mayor Date: November 28 2006 A 'enda Item No.: a g Subject: Identification Measures for Visitors to all City Hall Buildings Resolution: A RESOLUTION OF THE MAYOR AND CITY "COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING SECURITY MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; IMPOSING REQUIREMENT FOR "IDENTIFICATION MEASURES" FOR VISITORS TO ALL CITY HALL BUILDINGS; PROVIDING FOR AN EFFECTIVE DATE Request: To approve Identification Measures for Visitors to all City Hall Buildings. Reason /Need: In an effort to provide much needed security in City Hall buildings, visitors will be required to provide a state required picture identification document and to complete a Sign -In Sheet. Information required on the Sign-In -Sheet shall include: • Visitor's name • Visitor's telephone number • Time in and Time out • Name of the person(s) or department visiting Also, the north and east entrances shall be the only access into the building with appropriate signage to every office and sign -in (front) desk. Cost: N/A Funding Source: N/A Backup Documentation: Proposed Resolution Sign -In Sheet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING SECURITY MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; IMPOSING REQUIREMENT FOR "IDENTIFICATION MEASURES" FOR VISITORS TO ALL CITY HALL BUILDINGS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of South Miami has identified the need for security measures to be taken at City Hall; and, WHEREAS, the City has determined that such security measures are needed for; the security of both personnel, visitors and City equipment; and, WHEREAS, the "identification sheet" shall be placed at the Receptionist's desk located in the main lobby of City Hall and shall be filled out by all visitors to City Hall, which sheet.: shall include, but not be limited to, disclosure of visitor's name, telephone number, one form of identification with picture, time in/time out and identification of the person(s) or department visiting. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That a security "identification sheet" shall be placed at the Receptionist's desk located in the main lobby of City Hall and shall be filled out by all visitors to City Hall, which sheet shall include, but not be limited to, disclosure of visitor's name, telephone number, one form of identification with picture, time in/time out and identification of the person(s) or department visiting, a copy of which sheet is attached as Exhibit "A ". Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2006: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: M M a 0 O •• J Z x U) O W w � O J Q H = U F- z w a� w ? o� O> z 0 w CL O co LU co w & m O Z � z > 0 w z w m LU a v O w a r LU w m w � Z o Z O U z W O as w O w z F- o O Z N 9 w z z a O w z w F- LU Q 0 N M V LO (O I- CO 0) O N M V L-0 O N 00 O O � r r r r r N South Miami p®Am�icaC "�r CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2041 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager I ba-1 W From: Jeanette Navarro, Human Resources Manager Date: October 17, 2006 Item No. Subject: UPDATING PENSION ORDINANCE SECTION 16 -14 (B) AND SECTION 16 -19 (A)• Request: AN ORDINANCE OF THE MAYOR, AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: A letter was received from Pension Attorney wherein it was indicated that there were inconsistencies with the ordinance and collective bargaining agreements related to the pension. Upon review, it was determined that certain areas of the Pension Ordinance must be updated to reflect current provisions agreed upon by the City and all bargaining units (PBA and AFSCME). Cost: Funding Source: Backup Documentation: Letter from Pension Attorney Letter from Actuary Collective Bargaining Agreements for PBA and AFSCME Gabriel Roeder Smith & Company 301 East Las Olas Blvd. . 9S4.527.1616 phone Consultants & Actuaries Suite 200 954.525.0083 fax GRS Pt. Lauderdale, FL 33301 -2254 wwwgabrielroedercom October 13, 2006 y. Ms. Haydee Lopez Benefits USA,, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: WE Z IM � mm" ECEIVEmok ELM ML OCT 18 206 CITY CLERK'S OFFICE As requested, we have performed an actuarial review of the attached proposed Ordinance. Based upon our review, the proposed Ordinance: 1. Increases the multiplier for General Employees. 2. Increases the multiplier for Police Officers. 3. Increases the employee contribution rate for General Employees. 4. Increases the employee contribution rate for Police Officers. 5. Provides for cost sharing of contributions between the General Employees and the City. 6. Amends the terms for cost sharing of contributions between the Police Officers and the City. 7. Provides for a transfer of State funds from the South Miami Police Officers Retirement Trust Fund to this Pension Plan to pay for certain minimum benefits. 8. Provides for severability. 9. Provides for codification. 10. Provides for an effective date. The proposed Ordinance is a codification of Plan provisions that reflect administrative and Plan benefits resulting from bargaining and other Plan documentation that have been recognized in relevant actuarial valuations. Based upon the actuarial assumptions and methods and Plan provisions considered in the October 1, 2005 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State funding requirements. We are available to respond to any questions concerning the above. Sincerest regards, g . !:� - L-3 L"-j Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: Ms. Jeanette Enrizo- Navarro Kenneth R. Harrison, Esq. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF . SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami bargaining agreement currently in existence Employee Labor Organizations; and desires to provide compliance with collective between the City and its several recognized WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -14(b) of the South Miami Code of Ordinances is hereby. amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) Amount of pension. The yearly amount of pension payable to a participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount eaual to the participant's number of completed years of Credited service multiplied by a percentage of Final average compensation as stated herein. (a) --­to paftieipai34 mfinng prior- to Oeteber- , 1970, ., b ,ne fif4h biAhday; and (b)as to a partieipant r-oking en and after- Oetaber 1, 1970, the sum Page 1 of 4 (1) Basic benefit. A basic benefit ^ ^mm °� ^. g .,t the employees nefm ' r-e4 remenl �+ .,1111 b employee's date '�i e TTLned by multiplying one an six tenths ( 6) pe ^°ref __ e f 4h° III I�RIIG� 71�i�GZjA��FLZ' X114 V employee's fig,, j aver-age ee pe mien 1.,: 1-1,° r.,,,_Rber- o f his/he mpl°t°d_ 11u1 j- �f ,.edit °d er iee .,t his her E -A r.°rr, °++t d^t °for Participants retiring ^Y lil 1`LLl Vll y -date for to October 1 1970, shall be determined by multiplying one and six - tenths (1.6) percent of the Participant's Final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the empleyeeParticipant prior to his/her twenty -fifth birthday. However, as to those pParticipants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service and any additional service completed by hi efthe Participant prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a pParticipant. Effective October 1 1995, the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel, shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal year; effective October 1, 1996 the pension benefit accrual rate (multiplier) for general employee participants, excluding_ police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year. Effective September 30, 1999 the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel shall be increased from 2.0 to 2.50. Effective October 1, 1999 and thereafter, the pension benefit accrual rate (multiplier) for General employee participants excluding police personnel, shall be increased from 2.50 to 2.75. f2LFor sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in the 1993 -94 fiscal year; effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96 fiscal year; effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50 e ee ive Qcteb °r 1, 1996, for services performed in the 1996 -97 fiscal year; effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, Oaebef 1, 1997, for services performed in the 1997 -98 fiscal yearl and then -ea effective October 1, 2001, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 to 2.80; effective October 1 2003 the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 to 2.90; effective October 1 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 to 3.00.E -2- I 2 employee shall be applied as pr-eser-ibed in the 199-2 9_3 id 095 96 eelleetive 3 bar- g,;,,;.,,. °i°nts_ Provided, however, the pension benefit accrual rate 4 (multiplier) for sworn police personnel shall not be less than two (2) percent for 5 all years of service. I 8 Section 2. Part I, Provisions governing the South Miami Pension Plan, Section 16 -19(a) 9 of the South Miami Code of Ordinances is hereby amended to read as follows: 10 11 Sec. 16 -19. Contributions. 12 13 (a) Each pParticipant shall contribute in each calendar year towards the cost of 14 histhe Participant's pension an amount equal to three (3) percent of histhe 15 Participant's earnings. With the exception of sworn police e€€e .Tspersonnel, no 16 pParticipant shall make any contributions toward the cost of any .past service 17 pension to which teethe Participant is entitled under this plan. The eEmployer shall 18 contribute the balance of the cost, actuarially determined, of providing the benefits 19 of the plan. The e!&Employer's contributions shall be deposited into the pension 20 plan on at least a quarterly basis. Effective October 1, 1995, the pension 21 contribution for all general employee Participants, including those eg_neral 22 employees that are now members of the Plan, shall be increased from three (3) 23 percent to five (5) percent of earnings. Sworn police personnel, including 24 bargaining unit employees, that are now members of the r °ter ° °„± systemP lan and 25 any sworn olp ice personnel who join the retirement systemPlan in the future shall, 26 effective October 1, 1993, have their contribution increased from three (3) percent 27 to five (5) percent of earnings. Effective October 1, 2001, sworn police personnel 28 shall contribute seven and one -half (7.5) percent of earnings. 1Q, 30 (1) Should the eipysEin oyer's annual contribution be actuarially 31 determined to exceed twelve (12), both the £eEmployer and the 32 emple3eesParticipants willshall share equally the amount in excess of twelve 33 (12) percent for that fiscal year. , the A 34 en�tien for --all geaer- 4 employees, inerCCdir these ewleyees that are 35 now members of fetir-ement system, shall be mfr-6ased ftem difee --( -) 36 , 37 shall -- c-entr te-- see =en and one half (7.5) per -ee t of eami s. Effective 38 October 1, 2005 should the Employer's annual contribution be actuarially 39 determined to exceed (14) fourteen percent, both the Employer and the 40 general employee Participants shall share equally the amount in excess of 41 fourteen (14) percent for that fiscal year. 42 43 (2) Effective October 01, 2004 iif the total sworn police personnel 44 contribution and eEmployer contribution exceeds seventeen (1-7) fifteen -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 15 percent of covered police payroll for any fiscal year, the excess over seventeen (''" fifteen (15) percent shall be divided inhalf and shared equally by the e- iEmployer and sworn police npersonnel Participants. Sworn P-police personnel Participant contributions shall be deposited in the peasie"Plan immediately after each pay period. Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) wil4shall be paid from the South Miami Police Officers Retirement Trust Fund to the Plan each year, regardless of the growth or diminution in future Chapter 185 funds, in partial exchange for the retirement after A25 years of Credited service and etA benefit improvement. 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, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of 52006 ATTEST: CITY CLERK 1" Reading — 2nd Reading - APPROVED: MAYOR SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman* Howard S. Susskind Kenneth R. Harrison, Sr. David E. Robinson D. Marcus Braswell, Jr. Pedro A. Herrera ♦Board Certified labor & Employment Lawyer July 13, 2006 Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith. & Company 301 East Las Olas Blvd. Suite 200 Fort Lauderdale, Florida 33301 -2254 Re: City of South Miami Pension Plan Response to your letter. of March 30, 2006 Dear Mr. Wilson: 2801 Ponce De Leon Boulevard Suite 750 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toll Free 1-800- 329 -2122 Facsimile (305) 447 -$115 This firm represents the Board of Trustees of the City of South Miami Pension Plan. We have been requested by the administrator of the Plan to respond to the above referenced letter. In order to respond to your inquiries we reviewed the prior and current collective bargaining agreements for the three employee groups and the current plan document. Our review of these documents concurred with your summary of the conflicting provisions. We have discussed these items with the Human Resources Department of the city. They advised us that the multiplier numbers have been reconciled by side letter with the PBA and we have requested a copy of that letter. Based on this information we ouine that the prior collective bargaining agreement contains the cnrrect multiplier -Perc- mlageS for police participants. Our review of the plan document four ±y.. tine 16 -1 2nres ds comer nfliots.vith ___ the current collective bargaining agreements. Section 16 -19 reads as follows: Sec. 16 -19. Contributions. (a) Each participant shall contribute in each calendar year towards the cost of his pension an amount equal to three (3) percent of his earnings. lath the exception of police officers, no participant shall make any contributions toward Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith & Company July 13, 2006 Page 2 the cost of any past service pension to 'which he is -entitled under this plan. The employer shall contribute the balance of the cost, actuarially determined, of providing the'benefits of the plan. The city's contributions shall be deposited into the pension plan on at least a quarterly basis. Sworn police personnel, including bargaining unit employees, that are now members of the retirement system and any sworn personnel who join. the retirement system in the future shall, effective October 1, 1993, have their contribution increased from. three (3) percent to five (5) percent. Should the city's annual contribution be actuarially determined. to exceed twelve (12), both -the- city and the employees will share equally the amount in excess of twelve (12) percent for that fiscal year. Effective October 1, 1995, the pension. contribution for all general employees, including those employees that are now members of the retirement system, shall be increased from, three (3) percent to five (5) percent. Effective October 1, 2001, ' sworn police officers shall contribute seven and one half (7.5) percent of earnings If the' total police contribution and city contribution exceeds seventeen (17) percent of covered police payroll for arty fiscal year, the excess over seventeen (17) percent shall be divided in half and shared equally -by the city and police members. Police contributions shall be deposited in the pension plan immediately after each pay, period Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) will be paid from the South Miami Police Officers Retirement Trust Fund to the city pension plan each year, regardless of the growth or diminution in future Chapter. 185 funds, in partial exchange for the A25 and out benefit improvement. This section was last amended by ordinance number 1761 dated 10/16/01, indicated as follows: (Ord No. 528, 12 -7 -65; Ord No. 1544, § 4, 9- 21 -93, Ord No. 1595, § 5, 11 -7- 95; Ord No. 1761, § 5, 10- 16 -01) Section 3d, Article 37 of the- AES -CME- agreement- states...that -he .employee contribution shall be 7% commencing the I' year of the agreement, which is 10/1104. Section 16 -19 above states that the employee contribution is 5 %. This is an obvious conflict, and we have asked the city to advise of the correct percentage and if required to amend the ordinance. The agreement further states that commencement of the second year (10 /7/05 ) should the total actuarially determined contribution exceed 14% then the excess amount shall be shared f Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith &.Company July 13, 2006 Page 3 contribution be actuarially determined to exceed 12% then the sharing takes effect. Again we . have requested 'the city to advise us of the correct percentage and whether it is the city's contribution or the total contribution that must be exceeded. The PBA agreements contain similar IpEMe in Article 30 of the Lts. & Capts. Agreement and Article 33 of the PO and Sgts. Agreement; both of which adiFess pension issues. These agreements cause the following concerns. .tints state that section 16 -19 contributions will be 7.5 %, which equally the excess amount, while section 16 -19 states that should the total po; and city contribution exceed 17% of covered police payroll for any fiscal year, 17% shall be divided in half and shared equally by the city and police member. have a conflict and have asked the city to advise us which percentage is correct. contribution he excess over Once again we It is our opinion that the current collective bar airing agreement language should be reflected in the ordinance. Therefore, based on our understanding of e a ove orma on we are of the opinion that the multiplier percentages should remain as. stated in* the prior PBA agreements and that employee contribution rates should be 7% for jzen emp ogee p c1Uan s should take effect when 'the total contribution exceeds 14% for effective 1011105 and 15% for police participants effective 10 /1 /01. If you have any questions or concerns on our position please do not hesitate to call our office direct. I-.. . cc: Board of Trustees G: \\S WF\ACTU1ResponsetoACnTLetterofi OMar2006 -Lt Yours. truly, Gabriel Roeder Smith & Company 301 East Las Olas Blvd. 954.527.1616 phone GRS Consultants 8C Actuaries Suite 200 954.525.0083 fax Ft. Lauderdale, FL 33301 -2254 www.gabrielroedercom March 30, 2006 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: In order to complete the October 1, 2005 Actuarial Valuation for the above referenced plan, we requested signed copies of the pension sections and the effective dates of the General Employees and Police Officers collective bargaining agreements in effect as of September 30, 2005. Upon review, we have identified some inconciatencics hetween the collective bargaining agreements and prior Ordinances. Police Officers 1. The current 'bargaining agreement defines the retirement benefit percentages in Article 33 Retirement Benefits as follows: For Credited Service: Through September 30, 1993 October 1, 1993 through September 30, 1994 October 1, 1994 through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 and thereafter . This is a reduced schedule from prior documentation. Percentage 1.60% 1.80% 1.90 % 2.25% 2.50% 2.75% The prior collective bargaining agreement provided to us signed July 23, 2002 provides for pension increases in Article 28 Compensation. Specifically, effective October 1, 2001 the future accrual rate is increased to 2.80%, effective October 1, 2002 the future accrual rate is increased to 2.90% and effective October 1, 2003, the minimum retro accrual rate is '2.0% and the future accrual rate is increased to 3.0 %. These increases are also included in the Summary Plan De §cription (SPD) dated June 2002. Ms. Haydee Lopez March 30, 2006 Page Two Based upon the above, the retirement benefit percentages in Article 33 Retirement Benefits should be: For Credited Service: Through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 through September 30, 2001 October 1. 200-1. through September 30, 2002 October 1, 2002 through September 30, 2003 October 1, 2003 and thereafter ,f 51 Percentage J� w 2.00% e 0; 2.25% Cc' 2.50% C ' 2.75% (L 2.80% 2.90% i t-''' to 0 3.00 %0 b What schedule is correct and should be reflected in the October 1, 2005 Actuarial Valuation? 2. The current bargaining agreement states that Police Officers contribute 7.5% of pay however effective October 1, 2001, should the total contribution exceed - 15.0 %, both the City and Police Officers are to share equally the amount in excess of 15.0 %. Based upon Ordinance No. 30 -01 -1761 signed October 16, 2001, Police Officers contribute 7.5% of pay. Effective October 1, 2001, should the total contribution exceed 17.0 %, both the City and Police Officers are to share equally the amount in excess of 17.0 %. We note that the prior collective bargaining agreement signed July 23, 2002 and the SPD dated June 2002 required the Police Officers and the City to share equally should the total contribution exceed 15.0% effective October 1, 2001. Based upon the above, we have been utilizing the 17.0% threshold. What should the threshold be for the October 1, 2005 Actuarial Valuation? General Employees 1.. Based upon the current collective bargaining agreement, the employee contribution is 7.0% however effective October 1, 2005, should the total contribution exceed 14.0 %, both the City and Employees are to share equally the amount in excess of 14.0 %. Based upon the SPD dated June 2002, the employee contribution was 7.0 %. However, should the City contribution exceed 12.0 %, both the City and Employees were to share equally the amount in excess of 12.0 %. We understand that it was not the intent of the collective bargaining in place at the time for the employees to contribute more than 7.0% regardless of the City contribution amount. Ms. Haydee Lopez March 30, 2006 Page Three Please confirm that the intent is that the City and General Employees should share equally in the amount in excess of 14.0% for purposes of the October 1, 2005 Actuarial Valuation. . Thank you for your assistance with our questions. If you should have any questions concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary cc: Kenneth Harrison, Esq. 3. Any employee injured on the job shall be paid the full eight (S) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 4. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. 5. It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South IvEami Drug end Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 33 R THIE1 -1V'I' BENEFITS. 1. Each bars, ; unit employee who retires on length of service or medical disability shall receive a one grade promotion end shall be issued a badge and identification card clearly marked. "retired". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.9 to 225 %; (b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.W%; (c) Effective. October 1, 1997, the benefit accrual. rate (multiplier) shall be increased from 2.50% to 2,75 %. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: L For all years of service prior to' October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8°10. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. IZ For services rendered from October 1, 1995 through September 30,1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. IV. For services rendered from September 30, 1997 forward, 'the multiplier shall be 2.75 1/c. 3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous full time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in Ole retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 1 W/o vested. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 0/6. Should the total contribuficm be act mrially determined to exceed 15 %, both the City and the employees will share equally the excess amour e.E. should the total cont aut:ion. be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 0/6). 24 5. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement fiords to the South Miami Police Pension - Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1, 1995. 7. Final average compensation shall mean the particip ant' s annual compensation, as detemained by the employer, acting in a uniform and no manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of tmrmination of employment, or date of termination of the plan, whicheveris applicable. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) yens in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the FBA, 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PBA, and adopted by the Pension Board. Any condition or impairment of heahh of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability ar. death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of taition for specialized education courses to betta equip the officers for the perfomaance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: a) 50% reimbursement of the course cost for a grade of "C" or better for undergraduate courses; b) 501/9 reimbursement of the course cost for a grade of "B" or better for graduate courses; c) Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub - sections a and b above; d) The credit hour cost of any courses approved shall be capped at the rate used by local publicly fimded universities and/or community colleges. 25 the Florida CR.A_ If the PBA disagrees with �e�action �; y � resolve the the issuelandtto PBA shall immediately request negotiations determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein.. ARTICLE 39 TERM OF AGREEMENT eement shall be effective upon 1. Except as Provided herein., all provisions of this A, ratification by the PBA and the City. This Agreement shall remm in full force and effect until and including September 30, 2007. City of South la^mi�. -�'� .. / Maria V By. By. By. By. Date: �® / Date: ' 74ate. f / Date: -�v r� TEST Da ria•M. Menendez Dom: 16, 1 Z� is _City Clerk ate: /P /I I J e5 s d, Attorney City f S Miami 9 ) o Date: John era, President Dade C IIB /, By, ate: rney B y Date: Agustin Castro, PBA Representative ATTEST: Date: 27 Section 2: Prior to the first negotiation meeting, the Union shalt designate up to two (2) unit employees who will be paid their regular rate of pay. for attending negotiations during work hours. Such pay shall not exceed twenty (20) hours in each fiscal year. ARTICLE 35 EMERGENCIES Section l: The City Manager shall have the right, in his sole and exclusive discretion, to determine if and to what extent an emergency situation exists with respect to City property and/or to the citizens of the City. immediately aver making such determination, the City. Manager`s office shall notify the Union of the decision, and, to the extent possible, the length of time the emergency condition is expected to continue. Section 2:During the dedared emergency, all provisions of this Agreement may be suspended. Any provision so suspended will be reinstated upon order of the City Manager after the emergency has ended. Section 3: Disputes concerning the Agreement arising during the declared emergency shall not be subject to the grievance and arbitration procedure except disputes concerning salary and wages. ARTICLE 36 LABOR- MANAGEMENT COMMITTEE There shall be a Labor- Management Committee consisting of no more. than two management representatives designated by the City Manager and no more than two bargaining unit employees appointed by the President of the Union. The Labor- Management Committee shall meet as mutually agreed upon by the participants, but not less than quarterly. The sole function of the Committee shall be to discuss general matters pertaining to employee relations (e.g., safety issues). Thus, the parties agree that the purpose of the Committee shall not be to discuss grievances or matters which have been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. t�- E (- `o , ARTICLE 37 n,r �,R.�t�-�l PENSION BENEFITS Secton 1. The parties will form a joint Pension Committee to study the current pension plan for bargaining unit employees and to suggest amendments, if any, to the City Commission 23 for consideration regarding changes to said plan. The parties may appoint up to three : members each to the Committee; however, one of the City's members shall be the City Manager and one of the .Union's members shall be the Staff Representative from AFSCME Florida Council 79. If the parties are not able to reach agreement on recommendations to the City Commission, both sides of the Committee may issue separate recommendations. The recommendations are not binding on the City Commission. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. Section 2- The following changes in the pension are as follows: a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8 °lo. b. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0 C. Effective October 1, 1997, the benefit a= ual rate (multiplier) shall be increased from 2.0 to 2.25%. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be increased from 2.25 to 25 %. f • _ Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75 %. Section 3: All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement shall receive the following pension plan improvements: a. The pension 'multiplier shall be increased to 2.125 % effective October 1, 2000, for all bargaining unit members, as part of pension plan improvements, from their pension participation date through September 30, 1996. b. The pension multiplier shall be increased to 2.250 °/Q effective October 1, 20G 1, for all bargaining unit members as part of pension plan improvements, from their participation date through September 30, 1997. c. The pension multiplier shall be increased to 2.50 % effective October 1, 2002, for all bargaining unit members as part of the pension plan improvements, from their participation date through September 30, 1998. 0 For the first year of this collective bargaining agreement, the employee contribution to the retirement plan will be 7 %. Upon commencement of the second year of the conecti•.e bargaining agreement and thereafter, should: the total 24 contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a total of 8.00% and the employees shall contribute a total of 8.00 %). ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days wilt receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above - referenced three (3) consecutive work days. ARTICLE 39 TERM OF AGREEMENT AND REOPENING Section 1: This Agreement, having been ratified by the City Commission of the City of South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL -CIO, shall be operative and effective as of its data of execution, and shall continue until September 30, 200_. Section 2 Either party may require, by written notice to the other, between April 1 st and not later than June 1 st discussions concerning modifications of this Agreement on non financial issues, one issue chosen by the Union, and one issue chosen by the City. if neither party shall submit such written notice during the. indicated period, this Agreement shall automatically be renewed, in its entirety, for the following fiscal years Cher fter. THIS AGREEMENT signed this day of et 20C AMERICAN FED RATION O E, LOCAL 3294 ' By,_�r MarjV V. Davis ,City Man , n, By; Staff Representative • - - Doug r, Union President Attest.. 64 City Clerk 25 CI OF S06TH MIAMI ate: George Greene, Treasurer te: 1-1'7-d6 9. The parties agree that any employee refusing to submit to toxicology or alcohol testing conducted in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. =10. In the event. of an on- the -job injury to an ;employee, -nt,as a result of negligence by Sa; _.. .. r .the employee such employee will be carried a' fill pay and benefits for a period not to exceed 180,calendar days. � f 11.'Any employee injured on the job shall be paid the full eight (8) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 12. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. ARTICLE 33 RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired ". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective - October 1, 1995; the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; '(b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50 %; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75 %. '(d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: I. For all years of service prior to October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall , be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. H. For services rendered from October 1, - 1995 through September 30, 1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. IV. For services, rendered from September 30, 1997 forward, the multiplier shall be 2.75 %. 3. Bargaining unit employees shall be 100% vested in the retirement • plan when completion of ten (10) years continuous full-time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 25 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the City and the employees will share equally the excess amount(e•¢•- should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 %). 5. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1; 1995. 7. Final average compensation shall mean the participant's annual compensation, as determ, mi ed by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 8. The normal retirement date (the earliest date a bargaining unit employee may retire 25 years of credited with * full unreduced pension benefits) is the completion of service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Mami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PBA, and adopted by the Pension Board. Any condition 'or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. 11. For Retro and Future Pension Benefits applicable to fiscal years 2001 -2004, see COMPENSATION MATRIX, Article 28. ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: 26 ARTICLE 27 SEVERABILITY CLAUSE 1. Should any provision of this Agreement or any. part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. ARTICLE 28 COMPENSATION 1. The following Compensation matrix is agreed (Effective October 1 of the fiscal year): Year COLA Special Retro Future Employee Risk Pension Pension Pension Pay Contribution 2001 -02 5.00% $30 1.60% 2.80% 7.50% 2002 -03 3.00% $35 1.80% 2.90% 7.50% 2003 -04 2.00% $40 2.00% 3.00% 7.50%. 2. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a 7% supplement during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The 7% FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 3. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive the wages of their acting rank for each full day worked in the higher rank. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. ARTICLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to re- open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 21 to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. 2, The abolishment or merger negotiations shall include he alternative, of severance benefits.e placement of personnel in other departments or, in ARTICLE 38 AMERICANS WITH DISABILITIES ACT 1. Notwithstanding any other provision of this Agreement, the PBA agrees that the City th may take whatever actions may be necessary to comply with the amo mod a ion Disabilities Act or the Florida Civil Rights Act to provide reasonable to individuals with disabilities as required under those ake t laws. com ly wi h the ADA or City shall notify the PBA of the action it intends P the Florida CRA. If the PBA disagrees with the action contemplated by the City, the issue and to PBA shall immediately request negotiations with the .City these laws.t comply with - However, any determine the .parties' mutual obligations to contention or claim that the City violated t Shall be exclusively resolved through Disabilities Act or the Florida Civil Rights A available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein, all provisions of this Agreement shall be effective upon ratification by -the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2004. 2. Both parties agree that the following items may be opened later than second l ot that third years of this Agreement upon notice by either party no y year: (a) 55/10 Retirement (b) DROP Program Dade County P lice Benevole t s ciation City of South Miami d � �� By: By: • ty ger Dade Coun PBA Date: a 3 Date: �7 TTEST: City Clerk 4 O;Apwl 28 I MIAMI DAILY BUSINESS REVIEW Published Dairy except Saturday, Sunday and Legal Holidays Miami, Miami -Dade Canty, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miaml Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy of advertisement, ., being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 In the XXXX Court, , was published In said newspaper in the Issues of 10/27/2006 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in Bald Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miaml in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, fine or corporation any discount, rebate, commission or refund for the purpose of secudng ac!7 for publication in the said newsPePe n A Swom to and subscribed before me this 27 day of OCTOBER , A.D. 2006 (SEAL) O.V. FERBEYRE personally known to me N Cheryl Manner My Commission DD338559 V,'/ Expires July 18, 2008 se p < m m oom wao� t7SO�D n�mc< -1 FS TO m� gomxnO c m' T m 0�R Z m ga^o E ° f cXnO. r rCmf; Mm mS �m T m °— o�mo�m�cm Q�m� mXmtn mo =w mom m Z. n O N ����3'am a0m �� x �x y0 w �3� <m D.g'. n -- �c SD D7o m� m m m °m_.m Mom 2 w N m.i N N� O� O N N �_ a 411 g win n y m d �^.x cna� m° m x a a °} m. m a Z y zp'v9m.�y y g m °– Ga > �.r� D °� 3m0009 3�3,m co— vm m pg m mmy <.Z °jO °08 ��x '±l m ° 03 ° a •m NNd N . ^. O _O Cam S- a w a. 3 m pal m•Om N.m.w DSm nOSJ priu oom ° an3 _..cg�n mO m Z $.l?'. o m�3� m• mom m m�� N?3�$'md0 om oo �^'�2m m o Z o i .0 .0 '.o �cc T�3m° –'�N c um, m m amoNi coiom „ =m m ° o o�N�wmxa� ?.33cyma m a m m »m omn a m am »c m o� m 0 o a m s r.handy guide to this week's `Best Bets' in TV and cable listings R ANNUAL % o BAZAAR IS HERE111 l� de ■ sr INCREDIBLE VENDORSTHISYEAR: � � m gossip your grape Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, i ; w Housewares, Clothing, Crafts & More I � I z hing goes better with breakfast than The Miami Herald, delivered. ; i a 1 -800- 441-0444 o Bet Shira. Congregation e 7500 SW 120th Street • 30S- 238 -2601 ' o ! ,y, RS OPEN _ 1¢ COURTESY NOTICE E CITY OF SOUTH MIAMI, FLORIDA - l� On Tuesday, November 28, 2006, beginning at 7:30 p.m, in the City AM Commission Chambers, 6130 Sunset Drive, the City Commission will ; .E 61 hold Public Hearings to consider the following items: AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN nber 24 ... AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA excited to sleep anyway. MUNICIPAL LOAN COUNCIL;, APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; i APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING I V' OF SUCH LOAN, L AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN' L E T S '"' +1� ARTICLES NNE BASIC AMENDING THE AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING CITY AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZ5 )A CI 1 1 EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN "HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE i FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC i SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, f QUALIFICATIONS, DUTIES, AND TERM. O AN ORDINANCE RELATING m A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF 5% with Save Z O /O with THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN i HISTORIC SITE AND PLACEMENT AN HISTORIC PRESERVATION OVERLAY X B' R D T H H N K 0IV I N G ZONE (HP -OV) OVER TH E EXISTING ZONIN G USE DISTRICT FOR THIS PROPERTY j AN ORDINANCE RELATING TO BOARDS AND COMMITTEES AMENDING OF THE CO OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" . V' H LJ �� D COUPONS i AMENDING MEMBERSHIP TERM; PROVIDING FORSEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE, I AM FRIDAY FRIDAY _ SUNDAY ONU AN ORDINANCE;PROVIDING FOR A TECHNICAL AMENDMENT -TO THE CITY 0- r( 1 FRIDAY SUNDAY �\ SOUTH MIAMI °LAND DEVELOPMENT- CODE, BY AMENDING SECTION 20- (after 8 AM) ' 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A ' TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE all t t t 1 1 e 1 1 'FROM ANY WINDOW, DOOR OROPENING INTO A DWELLING. i( T EM MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH i A RESOLUTION OF H MIAMI, FLORIDA RELATING TO A REQUEST MALLOW FOR THE CREATION OF LOTS "1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW .65TH AVENUE, SOUTH MIAMI FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING N E WEST & DOCI<E RS' DISTRICT" AS MIAMI, PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET Bass LeVI ! FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND T L E T OUTLET BY MOST SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT' "1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. iamSonitB Company Stores • Nike Factory Store Above items can be inspected. in the City Clerk's Office, Monday - Friday during regular Cory Brand Shoes • Welcome Home Perfumania office hours. ...OVer- 45 brand-name stores! If you have any inquiries on the above items please contact the City Clerk's office at; 305 663 -6326. ALL interested parties are invited to attend and will be heard. The stores listed are merely representative and not necessarily those participating in this sale. Marla M. Menendez, CMC City Clerk PRIME OUTLETS — FLORIDA CITY Pursuantic Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered Intersection of f I Turnpike & USl • S8S'545-1195 at its meeting ri having he or she will need r record of the proceedings, and that for such purpose, a&gt�dB maYn_egdtoensu2ih�? tirn.ly 3f h?.Pr4o? �S,I£�? Llldag QCITY OF SOUTH MIAMI- INTER-OFFICE MEMORANDUM To: Mayor and City Commission.' Yvonne Mckinley, City Mgr.: From: Luis Figueredo, City Attorney Date: October 17, 2006 Re: Ordinance authorizing application for FMLC loan Subject: An Ordinance authorizing the City Manager and City Attorney to apply for, negotiate the terms and conditions and close on a permanent loan not to exceed $6,000,000 from the Florida Municipal Loan Council (FMLC). Discussion: On February 1, 2005 the City Commission authorized additional project financing of 2.5 million dollars for the South Miami Municipal Garage. The total project financing approved by the City is 11 million dollars. However; for the reasons stated below, the actual project costs will approach 12 -12.5 million dollars to complete the project. To date, the city has borrowed 6.5 million dollars. Approximately $ 1,708,288 of the funds that were supposed to be used for construction costs have been used to repay the loan. At the time that the city developed a budget for the project, staff did not take into account approximately 4 years of delays. It was anticipated at that time that after a period of 12 -18 months, parking, ticket and rental revenues generated from the garage would be utilized to repay the loan. Instead the loan proceeds have continued to be used to make the principal and interest payments. As a result, a significant portion of those funds need to be re- borrowed. Secondly, construction costs have dramatically increased. Additionally, staff proposes to borrow an additional $300,000 dollars to offset the loss of parking and ticket revenues during construction and to cover the City's share of the loan repayment during that period . Staff is therefore requesting authorization to borrow up to $1.5 million dollars above the amount currently authorized by the City Commission. Pursuant to the Settlement Agreement MRP is responsible for the repayment of the loan less the city's share. Under the settlement agreement, the City is only responsible for the repayment of one million dollars ($1,000,000) in project costs and $78,847 in soft costs. If the City authorizes staff to borrow additional monies to offset the loss of parking and ticket revenues, the city's repayment obligation as provided for in the settlement agreement will equal $1,300,000 or $1,370,000 depending on whether the city elects to amortize the soft ti c FMLC loan memorandum- to Mayor and City Commission cc: Yvonne Mckinley, City Manager October 17, 2006 Page 2 of 2 costs. MRP will be responsible for the repayment of the remainder of the loan with the exception that closing costs associated with obtaining the financing will be paid for by both the City and MRP. Accordingly, the increase in project related costs should not increase the city's actual share of the annual principal and interest payments. Recommendation: Approve the ordinance authorizing the City Manager and City Attorney to apply for and negotiate a loan not to exceed six million dollars to fund the total project costs required to complete the municipal parking facility. I- 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE 5 AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA 6 MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, 7 CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; 8 APPROVING THE EXECUTION AND DELIVERY OF A LOAN 9 AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; 10 APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE 11 CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A 12 CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN 13 OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH 14 LOAN; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, participating governmental units (the "Members ") have created the 17 Florida Municipal Loan Council (the "Council ") pursuant to a certain Interlocal Agreement 18 and pursuant to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to 19 make loans to participating governmental units for qualified projects; and 20 21 WHEREAS, the City of South Miami, Florida, a municipal corporation, is duly 22 created and existing pursuant to the Constitution and laws of the State of Florida (the 23 "State "); and 24 25 WHEREAS, the City of South Miami finds and declares that there is a substantial 26 need for the financing or refinancing of qualifying projects permitted by Florida Statutes 27 and the State Constitution; and 28 29 WHEREAS, the City of South Miami possesses the ability to finance such projects on 30 its own, but has determined that a pooled financing program involving a limited number of 31 local governmental units which regularly undertake projects requiring significant debt 32 financing within the State of Florida would provide for low cost financing or refinancing of 33 such projects through economies of scale, administrative support and access to expertise in 34 accessing the capital markets; and 35 36 WHEREAS, it is anticipated that the benefits of a pooled financing by the City of 37 South Miami with a limited number of governmental units through the Florida Municipal 38 Loan Council may be obtained through promises to repay loans under the program and 39 supported by a general covenant to budget and appropriate for such purpose, by a specific 40 pledge of taxes or revenues or by a general obligation; and 1 2 WHEREAS, by pooling the respective financial needs of these certain various local 3 governmental units, the City of South Miami will be able to access additional markets and 4 expects to receive the benefits of lower interest rates on more favorable terms associated 5 with such a large scale financing with such benefits being obtained for and inuring to the 6 City of South Miami; and 7 8 WHEREAS, the Council is in the process of issuing its Florida Municipal Loan 9 Council Revenue Bonds, Series 2006A (such series may have such other designation as lo determined by the Council) (the "Bonds') and is seeking to make loans (the "Loans ") to 11 governmental units; and 12 13 WHEREAS, it is hereby determined that a need exists to borrow funds to finance the 14 cost of the construction of the South Miami Municipal Parking Garage (the "Project ") more 15 particularly described in Exhibit A; and 16 17 WHEREAS, it is determined to be in the best interest of the City of South Miami to 18 borrow funds from the Council from the proceeds of the Bonds to finance the cost of the 19 Project. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 22 OF SOUTH MIAMI, FLORIDA: 23 24 SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, 25 Florida Statutes, and other applicable provisions of law. 26 27 SECTION 2. PROJECT. The financing of the construction and erection of the 28 Project is hereby approved. 29 30 SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the 31 financing and the ability of the Council to access additional markets and for the City of 32 South Miami to receive the benefits of lower interest rates and issuance costs, it is hereby 33 determined that it is in the best interest of the City of South Miami that the Loan to the City 34 of South Miami be made from the proceeds of the Bonds, as opposed to the City of South 35 Miami borrowing funds pursuant to a public sale. 36 37 SECTION 4. LOAN AMOUNT. The amount of the Loan of the City of South 38 Miami evidenced by the Loan Agreement shall not exceed $6,000,000. Such Loan shall be 3-9 made at a discount which shall include a pro -rata portion of costs of issuance incurred by 40 the Council together with a pro -rata portion of a reserve fund surety cost and the League of 2 1 Cities administrative fees and other ongoing costs and shall bear interest and shall be 2 repayable according to the terms and conditions set forth in the Loan Agreement 3 authorized pursuant to Section 5 hereof with such changes, insertions and omissions as 4 may be approved by the Mayor Viand the City Manager. The redemption provisions, if any, 5 relating to such Loan shall be as provided in the Loan Agreement. 6 7 SECTION 5. AUTHORIZED OFFICERS. The Mayor and the City Manager or any 8 other appropriate officers of the City of South Miami are hereby authorized and directed to 9 execute and deliver a Loan Agreement to evidence the Loan, to be entered into by and 10 between the City of South Miami and the Council in substantially the form attached hereto 11 as Exhibit B with such changes, insertions and omissions as may be approved by the Mayor 12 and City Manager, the execution thereof being conclusive evidence of such approval. 13 14 Further, the Mayor and the City Manager or any other appropriate officers of the 15 City of South Miami are hereby authorized and directed to execute and deliver a 16 Continuing Disclosure Agreement concerning compliance with existing or proposed rules 17 of the Securities and Exchange Commission concerning continuing disclosure by the City of 18 South Miami, to be entered into by and between the Underwriter, the City of South Miami 19 and the Council in substantially the form attached hereto as Exhibit C with such changes, 20 insertions and omissions as may be approved by the Mayor and City Manager, the 21 execution thereof being conclusive evidence of such approval. 22 23 SECTION 6. RATES. The Finance Director or the Mayor is hereby authorized to 24 approve the final rates of interest on the Bonds, and the redemption provisions thereof, if 25 any, on behalf of the City of South Miami. The Finance Director, the Mayor, or any other 26 appropriate officers of the City of South Miami is hereby authorized and directed to 27 execute and deliver a Bond Purchase Contract, to be entered into by and between the 28 Underwriter, the City of South Miami and the Council in substantially the form attached 29 hereto as Exhibit D with such changes, insertions and omissions as may be approved by the 3o Finance Director or the Mayor, the execution thereof being conclusive evidence of such 31 approval. 32 33 SECTION 7. INDENTURE. The City of South Miami hereby acknowledges and 34 consents to the Bonds being issued pursuant to a Trust Indenture (the "Indenture ") to be 35 executed by the Council and a bank or trust company to be selected by the Council, as 36 Trustee. 37 38 SECTION 8. OTHER INSTRUMENTS. The Mayor, the Finance Director, the City 39 Manager or any other appropriate officers of the City of South Miami are hereby 40 authorized and directed to execute any and all certifications or other instruments or c3 1 documents required by this Resolution, the Loan Agreement, the Trust Indenture or any 2 other document required by the Council as a prerequisite or precondition to making the 3 Loan (including but not limited to the execution of all tax documents relating to the tax 4 exempt status of the Loan), and any such representations and agreements made therein 5 shall be deemed to be made on behalf of the City of South Miami. All action taken to date 6 by the officers of the City of South Miami in furtherance of the issuance of the Bonds and 7 the making of the Loan is hereby approved, confirmed and ratified. 8 9 SECTION 9. ADDITIONAL INFORMATION. The Loan Agreement shall not be 10 executed and delivered unless and until the City of South Miami has received all 11 information required by Section 218.385, Florida Statutes. 12 13 SECTION 10. ADDITIONAL TERMS. Pursuant to subsequent ordinance or 14 resolution, the City of South Miami may establish such additional terms as it may so 15 determine to be in the best interests of the City of South Miami. 16 17 SECTION 11. ORDINANCES IN CONFLICT All ordinances or parts of ordinances 18 in conflict with the provisions of this ordinance are repealed. 19 20 SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect immediately 21 upon approval. 22 23 24 25 26 27 28 29 30 31 PASSED AND ADOPTED this day of (SEAL) 2006. CITY OF SOUTH MIAMI, FLORIDA By: ATTEST: Mayor 4 EXI HBIT A PROJECTS Construction and improvements to a City -owned parking garage to be used for public parking. EXHIBIT B FORM OF LOAN AGREEMENT EXHIBIT C FORM OF CONTINUING DISCLOSURE AGREEMENT EXHIBIT D FORM OF BOND PURCHASE CONTRACT September 29, 2006 Adriana Hussein Finance Director City of South Miami 6130 Sunset Drive South Miami,.Florida 33143 RE: Proposed issuance of the Florida Municipal Loan Council Revenue Bonds, Series 2006A - Loan to City of South Miami, Florida Dear Ms. Hussein: The purpose of this letter is to advise you of-our fee estimate and to describe the services we will perform as bond counsel to the Florida Municipal Loan Council (the "Issuer ") in connection with the issuance of the above - referenced bonds (the "Bonds "). We understand that the Bonds are being issued for the purpose of financing and refinancing various capital projects (the "Project "), and that the Bonds will be limited obligations of the Issuer payabfe solely from the loan payments received from the various borrowers in the program, including the City of South Miami, Florida (the "Borrower "). We understand that the Borrower intends to secure its loan by a covenant to budget and appropriate. We further understand that the Bonds will be purchased by Banc of America Securities LLC (the "Underwriter ") in the month of December, 2006. SCOPE OF ENGAGEMENT In this transaction, we expect to perform the following duties: (1) Subject to the completion of proceedings to our satisfaction, render our legal opinion (the "Bond Opinion ") regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross income for federal income tax purposes. (2) Draft the basic agreements governing the issuance of the Bonds and the loan of bond proceeds to the Borrower. (3) Prepare and review other documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, coordinate the authorization and execution of documents, and review and, where appropriate, draft enabling legislation. Adriana Hussein September 29, 2006 Page 2 (4) Prepare the Issuer's declaration of official intent, if any, to reimburse Project costs paid by the Borrower prior to the issuance of the Bonds. (5) Assist the Issuer in seeking from other governmental authorities such approvals, permissions and exemptions as we determine are necessary or appropriate in connection with the authorization, issuance, sale and delivery of the Bonds, except that we will not be responsible for any required blue sky filings. We understand, however, that Borrower's counsel will be responsible for obtaining all approvals and permits relating to the construction and operation of the Project. (6) Review legal issues relating to the structure of the Bond issue. (7 Assist the Issuer and the Borrower in presenting information relating to the structure and legality of the Bonds to bond rating organizations ' and providers of credit enhancement. (S) Serve as the Issuer's closing agent in connection with the closing of the Borrower's loan. Our Bond Opinion will be addressed to the Issuer and the Borrower and will be delivered by us on the date the Bonds are exchanged for their purchase price (the "Closing "). The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely on the certified proceedings and other certifications of public officials, officers of the Borrower and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer and the Borrower with applicable laws relating to the Bonds. During the course of this engagement, we rely on you to provide us with complete and timely information on all developments pertaining to any aspect of the Project, the Bonds and the security for the Bonds. Among other things, we will require the Borrower to execute a certificate of fact relating to the Project and the use of Bond proceeds. Our duties in this engagement are limited to those expressly set forth above. Among other things, our duties do not include: (a) Assisting in the preparation or review of an official statement, if any, or any other disclosure document with respect to the Bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Adriana Hussein September 29, 2006 Page 3 (b) Preparing requests for tax rulings from the Internal Revenue Service. (c) Preparing blue sky or investment surveys with respect to the Bonds. (d) Except as described in paragraph (3) above, drafting state constitutional or legislative amendments. (e) Pursuing test cases or other litigation, such as contested validation proceedings, except as set forth above. (f) Making an investigation or expressing any view as to the creditworthiness of the Borrower, any credit enhancement provider, or the Bonds. (g) Assisting in the preparation of, or opining on, a continuing disclosure undertaking pertaining to the Bonds or, after Closing, providing advice concerning any actions necessary to assure compliance with any continuing disclosure undertaking. (h) Representing the Issuer in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations. (i) After Closing, providing continuing advice to the Issuer, the Borrower or any other party concerning any actions necessary to assure that interest paid on the Bonds will continue to be excludable from gross income for federal income tax purposes (e.g., our engagement does not include rebate calculations for the Bonds.) 0) Addressing any other matter not specifically set forth above that is not required to render our Bond Opinion. ATTORNEY- CLIENT RELATIONSHIP In this transaction, the Issuer will be our client and an attorney -client relationship will exist between the Issuer and us. We assume that you and other parties to the transaction will retain such counsel as you deem necessary and appropriate to represent your interests in this transaction. In performing our services as bond counsel, we will represent the interests of the Issuer exclusively. We will not be representing you or any other party and will not be acting as an intermediary among the parties. Our representation of the Issuer will not affect, however, our responsibility to render an objective Bond Opinion. Adriana Hussein September 29, 2006 Page 4 FEES The responsibility for payment of our fee, which will be $1.251bond, will be divided among the Borrowers on a pro -rata basis and paid from the Cost of Issuance Fund. Our fee is based upon: (i) our current understanding of the terms, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to our engagement letter with the Issuer and as described in this letter; (iii) the time we anticipate devoting to the financing in connection therewith; and (iv) the responsibilities we will assume. Our fee may vary: (a) if the principal amount of Bonds actually issued. differs significantly from the amount stated above; (b) if material changes in the structure or schedule of the financing occur; or (c) if unusual or unforeseen circumstances arise which require a significant increase in our time or responsibility. If, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will advise the Issuer and you. In addition, we will be reimbursed for all client charges made or incurred in connection with the Bond issue. Such costs generally include travel costs, photocopying, document printing, deliveries, long distance telephone charges, telecopier charges, filing fees, computer - assisted research and other expenses. Our fee is usually paid of the Closing, and we customarily do not submit any statement until the Closing unless there is a substantial delay in completing the financing. Detailed supporting documentation is available upon request for statement billings. If the financing is not consummated, we understand and agree that we will not be paid, however, we expect that all reasonable out -of- pocket expenses are subject to reimbursement. [Remainder of page left intentionally blank.] Adriana Hussein September 29, 2006 Page 5 If the foregoing terms are acceptable to you, please so indicate by returning the enclosed copy of this engagement letter dated and signed by an authorized officer, retaining the original for your files. We look forward to working with you. r BRYANT MILLER OLIVE P.A. B Y • Attorney Accepted and Approved: CITY OF SOUTH MIAMI, FLORIDA By: Title: Date: cc: Florida Municipal Loan Council CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of 1, 2006 (the "Continuing Disclosure Agreement ") is executed and delivered by , a Florida ('Borrower "), and by Florida League of Cities, Inc., a Florida corporation not- for- profit, as Dissemination Agent (the "Dissemination Agent ") hereunder. Additional capitalized terms used herein shall have the meanings ascribed thereto in Section 2 hereof. SECTION 1. Nature of Undertaking. This Continuing Disclosure Agreement constitutes an undertaking by the Borrower under paragraph (b)(5) of the Rule to provide Financial Information and notice of the occurrence of certain events with respect to the Bonds, as provided in paragraph (b)(5)(i)(C) ofthe Rule, and otherwise to assist the Participating Underwriter in complying with paragraph (b)(5) of the Rule with respect to the Offering of the Bonds. Among other things, the Borrower is hereby undertaking (i) to disseminate an Annual Report not later than 270 days after the end of each Fiscal Year of the Borrower in accordance with Section 4 hereof, which contains Financial Information with respect to the Borrower, (ii) if an Annual Report does not contain the Audited Financial Statements, to disseminate the Audited Financial Statements in accordance with Section 4 hereof as soon as practicable after they shall have been approved by the Governing Body, (iii) to provide notice in a timely manner, in accordance with Section 6 hereof, of the occurrence of any of the Listed Events related to the Borrower and (iv) to provide notice in a timely manner, in accordance with Section 4(e) hereof, of any failure to disseminate an Annual Report in.accordance with the preceding clause (i) of this sentence. SECTION 2. Definitions. In addition to the definitions set forth above and in the herein - defined Indenture, which shall apply to any capitalized terms used herein, the following capitalized terms shall have the following meanings, unless otherwise defined therein: "Annual Report" means a document or set of documents which (a) identifies the Borrower; (b) contains (or includes by reference to documents which were provided to each Repository or filed with the SEC or, if by reference to the Final Official Statement, filed with the MSRB prior to the date that the Annual Report containing such reference is provided to the Dissemination Agent in accordance with Section 4 hereof): (i) Financial Information and Operating Data for the Borrower; (ii) Audited Financial Statements if such Audited Financial Statements shall have been approved by the Governing Body at the time the Annual Report is required to be provided to the Dissemination Agent in accordance with Section 4 hereof; and (iii) Unaudited Financial Statements if the Audited Financial Statements shall not have been approved by the Governing Body at the time the Annual Report is required to be provided to the Dissemination Agent in accordance with Section 4 hereof; (c) in the event that the Borrower delivers a Continuing Disclosure Certificate to the Dissemination Agent pursuant to Section 5(b) hereof, contains (in the case of the Annual Report disseminated on or immediately after the date such Continuing Disclosure Certificate is so delivered) a narrative explanation of the reasons for the changes in Financial Information and/or Operating Data set forth in such Continuing Disclosure Certificate and the effect of the changes on the types of Financial Information and/or Operating Data being provided in such Annual Report; and (d) in the event that the Borrower authorizes a change in the accounting principles by which its Audited Financial Statements are prepared, contains (in the case of the Annual Report disseminated on or immediately after the date of such change) (1) a comparison between the Financial Information prepared on the basis of the new accounting principles which is contained in such Annual Report and the Financial Information prepared on the basis of the former accounting principles which was contained in the previous Annual Report disseminated immediately prior to such Annual Report and (2) a discussion of the differences between such accounting principles and the effect of such change on the presentation of the Financial Information being provided in such Annual Report. "Annual Report Certificate" means an Annual Report Certificate in the form attached hereto as Exhibit A. "Annual Report Date" means the date which is 270 days after the end of a Fiscal Year. "Audited Financial Statements" means the financial statements of the Borrower which have been examined by independent certified public accountants in accordance with generally accepted auditing standards. "Bondholder" means (i) the registered owner of a Bond and (ii) the beneficial owner of a Bond, as the term "beneficial owner" is used in any agreement with a securities depository for the Bonds and as the term may be modified by an interpretation by the SEC of paragraph (b)(5) of the Rule. "Bonds" means the $ Series 2006A. Florida Municipal Loan Council Revenue Bonds, "Continuing Disclosure Agreement" means this Continuing Disclosure Agreement, as the same may be supplemented and amended pursuant to Section 8 hereof. "Continuing Disclosure Certificate" means a Continuing Disclosure Certificate inthe form attached hereto as Exhibit B delivered by the Borrower to the Dissemination Agent pursuant to Section 5 hereof. "Dissemination Agent" means Florida League of Cities, Inc., acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent which ig appointed pursuant to Section 3 hereof or to which the responsibilities of Dissemination Agent under this Continuing Disclosure Agreement shall have been assigned in accordance with Section 9 hereof. "Event Notice" means notice of the occurrence of a Listed Event. "Final Official Statement" means the Final Official Statement prepared in connection with the Offering of the Bonds. "Fyinancial Information" means financial information related to the Borrower of the types identified in the Continuing Disclosure Certificate most recently delivered by the Borrower to the Dissemination Agent in accordance with Section 5 hereof. The Financial Information (i) shall be prepared for the Fiscal Year immediately preceding the date of the Annual Report containing such Financial Information, and (ii) shall be prepared on the basis of the Audited Financial Statements to be provided to the Dissemination Agent concurrently with the Annual Report, provided that, if the Audited Financial Statements are to be provided to the Dissemination Agent subsequent to the 2 1 .F date that the Annual Report is provided to the Dissemination Agent, such Financial Information may be prepared on the basis of the Unaudited Financial Statements. "Governing Body" shall mean the governing body of the Borrower which shall approve the Audited Financial Statements. "Indenture" means the Trust Indenture dated of even date herewith by and between Florida Municipal Loan Council, as Issuer, and , as Trustee. "Insurer" means "Issuer" means Florida Municipal Loan Council. "Loan Agreement" means the Loan Agreement dated of even date herewith, between the Issuer and the Borrower. "Listed Events" means any of the events which are set forth in Section 6 hereof. "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means, as of the date of determination, any Nationally Recognized Municipal Securities Information Repository for purposes of paragraph (b)(5) of the Rule. "Offering" means the primary offering of the Bonds for sale by the Participating Underwriter. "Operating Data" means operating data of the types identified in the Continuing Disclosure Certificate most recently delivered by the Borrower to the Dissemination Agent in accordance with Section 5 hereof. The Operating Data shall be prepared for the Fiscal Year immediately preceding the date of the Annual Report containing such Operating Data. "Participating Underwriter" means Banc of America Securities LLC. "Rating Agencies" means Fitch, Inc. and Standard & Poor's Ratings Services. "Repository" or "Repositories" means the NRMSIRs and the SIDS, either individually or collectively, as the context requires. "Rule" means Rule 15c2 -12 adopted bythe SEC under the Securities Exchange Act of 1934, as amended, as the Rule may be amended from time to time, or any successor provision thereto. "SEC" means the Securities and Exchange Commission. "SID" means, as of the date of determination, any public or private repositories or entities which are designated by the State of Florida as state information depositories for purposes of paragraph (b)(5) of the Rule and recognized as such by the SEC. "Trustee" means , as trustee under the Indenture. "Unaudited Financial Statements" means unaudited financial statements of the Borrower for any Fiscal Year which have been prepared on a basis substantially consistent with the Audited Financial Statements to be subsequently prepared for such Fiscal Year. The Unaudited Financial Statements for any Fiscal Year shall be prepared on a comparative basis with the Audited Financial Statements prepared for the preceding Fiscal Year. SECTION 3. _Appointment of Dissemination Agent: Obligations of Borrower Respecting Undertaking. (a) The Borrower hereby appoints Florida League of Cities, Inc. to act as the initial Dissemination Agent hereunder. Florida League of Cities, Inc. hereby accepts such appointment. The Borrower may, from time to time, appoint a successor Dissemination Agent or discharge any then acting Dissemination Agent, with or without cause. If at any time there shall be no Dissemination Agent appointed and acting hereunder or the then appointed and acting Dissemination Agent shall fail to perform its obligations hereunder, the Borrower shall discharge such obligations until such time as the Borrower shall appoint a successor Dissemination Agent or the then appointed and acting Dissemination Agent shall resume the performance of such obligations. (b) The Borrower hereby acknowledges that the Borrower is obligated to comply with this Continuing Disclosure Agreement and that the appointment of the Dissemination Agent as agent of the Borrower for the purposes herein provided does not relieve the Borrower of its obligations with respect to this Continuing Disclosure Agreement. SECTION 4. Annual Financial Information. (a) The Financial Information shall be contained in the Annual Reports and, if provided separately in accordance with Section 5(b) hereof the Audited Financial Statements which the Borrower is required to deliver to the Dissemination Agent for dissemination in accordance with this Section 4. (b) The Dissemination Agent shall notify the Borrower of each Annual Report Date and of the Borrower's obligation hereunder not more than 60 and not less than 30 days prior to each Annual Report Date. The Borrower shall provide an Annual Report to the Dissemination Agent, together with an Annual Report Certificate, not later than each Annual Report Date, provided that, if the Annual Report does not include the Audited Financial Statements, the Borrower shall provide the Audited Financial Statements to the Dissemination Agent as soon as practicable after they shall have been approved by the Governing Body. (c) The Dissemination Agent shall provide the Annual Report and, if received separately in accordance with Section 4(b) hereof, the Annual Financial Statements, to each Repository, the Trustee, the Issuer, the Rating Agencies and the Insurer within five (5) Business Days after receipt thereof from the Borrower. (d) The Dissemination Agent shall provide the Issuer, the Borrower and the Trustee written confirmation that the Annual Report and, if received separately in accordance with Section 4(b) hereof, the Annual Financial Statements, were provided to each Repository in accordance with Section 4(c) hereof. rd (e) If the Dissemination Agent shall not have filed the Annual Report by the Annual Report Date, the Dissemination Agent shall so notify the Borrower, the Repositories, the Trustee and the Insurer within five (5) Business Days of the Annual Report Date. SECTION 5. Continuing Disclosure Certificates. (a) The Borrower shall prepare a Continuing Disclosure Certificate in the form attached hereto as Exhibit B in connection with the Offering of the Bonds and shall deliver the same to. the Dissemination Agent for dissemination to the Participating Underwriter, Issuer and Trustee. (b) Prior to the deletion or substitution of any Financial Information and Operating Data from the information listed in Exhibit B hereto the Borrower will obtain an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to of the Borrower) addressed to the Issuer, the Participating Underwriter, the Trustee and the Dissemination Agent to the effect that the Financial and Operating Data to be provided will comply with the Rule, as in effect on the date of the Offering of the Bonds and taking into account any amendment or interpretation of the Rule by the SEC or any adjudication of the Rule by a final decision of a court of competent jurisdiction which may have occurred subsequent to the execution and delivery of this Continuing Disclosure Agreement. The Dissemination Agent is entitled to rely on such opinion without further investigation. (c) Notwithstanding Section 5(b) hereof, the Borrower shall not be required to comply with Section 5(b) hereof if such Section shall no longer be deemed to be required in order for this Continuing Disclosure Agreement to comply with the Rule as a result of the adoption, rendering or delivery of (i) an amendment or interpretation of the Rule by the SEC, (ii) an adjudication of the Rule by a final decision of a court of competent jurisdiction or (iii) an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to the Borrower), in each case, to that effect. (d) Any delivery of a Continuing Disclosure Certificate pursuant to Section 5(b) hereof shall not be deemed to be an amendment to this Continuing Disclosure Agreement and shall not be subject to the provisions of Section 8 hereof. SECTION 6. Reporting of Listed Events. (a) This Section 6 governs the provision of Event Notices relating to Listed Events with respect to the Bonds. The following events are "Listed Events ": (i) principal and interest payment deficiencies; (ii) non - payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers or their failure to perform; (vi) adverse tax opinions or events affecting the tax - exempt status of the Bonds; (vii) modifications to the rights of the holders of the Bonds; (viii) optional, contingent or unscheduled redemption calls; (ix) defeasances; (x) release, satisfaction or sale of property securing repayment of the Bonds; and (xi) rating changes; provided that each of the Listed Events shall be interpreted in accordance with any interpretation of the Rule by the SEC or adjudication of the Rule by a final decision of a court of competent jurisdiction which may occur subsequent to the date of the original execution and delivery hereof. (b) Whenever the Borrower obtains actual knowledge of the occurrence of any of the Listed Events with respect to or caused by the Borrower, the Borrower shall, on a timely basis and in any event within ten (10) Business Days, determine whether the occurrence of such event is material to any of the Bondholders. (c) If the Borrower determines that the occurrence of any of the Listed Events is material to any of the Bondholders, the Borrower shall promptly notify the Dissemination Agent of such determination in writing and instruct the Dissemination Agent to provide Event Notice in accordance with Section 6(e) hereof. (d) If the Borrower determines that the occurrence of the Listed Event described in such notice is not material, the Borrower shall notify the Dissemination Agent of such determination, and no Event Notice shall be provided pursuant to Section 6(e) hereof. The determination of the Borrower under this paragraph (d) shall be conclusive and binding on all parties hereto. (e) If the Borrower instructs the Dissemination Agent to provide an Event Notice pursuant to Section 6(c) hereof, the Dissemination Agent shall, within three (3) Business Days thereafter, file an Event Notice with each Repository, the Trustee, the Rating Agencies, the Issuer and the Insurer. The Dissemination Agent shall provide the Borrower, the Issuer and the Trustee written confirmation that such Event Notice was provided to each Repository in accordance with this Section 6(e). (f) Notwithstanding the foregoing, an Event Notice with respect to a Listed Event described in Section 6(a)(viii) or (ix) shall not be given under this Section 6 any earlier than the notice (if any) of such event is given to the affected Bondholders pursuant to the Indenture, as 0 confirmed to the Dissemination Agent by the Trustee. The Dissemination Agent shall have no liability for failure of notice given to Bondholders if it does not receive the necessary confirmation from the Trustee after written request. (g) Notwithstanding the foregoing, whenever the Borrower authorizes a change in either its Fiscal Year or the accounting principles by which its Audited Financial Statements are prepared, the Borrower shall provide the Dissemination Agent with written notice of such change and instruct the Dissemination Agent to file a copy of such notice with each Repository, the Issuer, the Insurer, the Rating Agencies and the Trustee, and the Dissemination Agent shall, within three (3) Business Days thereafter, file a copy of such notice with each Repository, the Issuer, the Insurer, the Rating Agencies and the Trustee. The Dissemination Agent shall provide the Borrower written confirmation that such notice was provided to each Repository in accordance with this Section 6(g). SECTION 7. Additional Information. Nothing in this Continuing Disclosure Agreement shall be deemed to prevent (i) the Borrower from disseminating any information or notice of the occurrence of any event using the means of dissemination specified in this Continuing Disclosure Agreement or other means or (ii) the Borrower from including in an Annual Report any information which shall be in addition to the Financial Information, Operating Data and Audited or Unaudited Financial Statements required by Section 4 hereof to be included in such Annual Report, provided that this Continuing Disclosure Agreement shall not be deemed to require the Borrower to include or update any such additional information in any subsequently prepared Annual Report. SECTION 8. Amendments: Waivers. This Continuing Disclosure Agreement may be amended, and any provision hereof may be waived, by the parties hereto if, prior to the effective date of any such amendment or waiver, the Borrower delivers to the Dissemination Agent, the Issuer and the Trustee an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to one or more members of the Borrower), to the effect that this Continuing Disclosure Agreement (taking into account such amendment or waiver) complies with the Rule, as in effect on the date of the Offering of Bonds or after the execution and delivery of this Continuing Disclosure Agreement, taking into account any amendment or interpretation of the Rule by the SEC or any adjudication of the Rule by a final decision of a court of competent jurisdiction which may have occurred subsequent to the execution and delivery of this Continuing Disclosure Agreement. The Dissemination Agent shall notify the Repositories of any such amendment and shall provide the Repositories with a copy of any such amendment. SECTION 9. Assignment. The Borrower may not assign its obligations under this Continuing Disclosure Agreement. The Dissemination Agent may assign its rights and responsibilities hereunder to a third parry with the consent of the Borrower which shall not be unreasonably withheld. SECTION 10. Compensation of the Dissemination Agent. As compensation to the Dissemination Agent for its services pursuant to this Continuing Disclosure Agreement, the Borrower agrees to pay all fees and all expenses of the Dissemination Agent including, without limitation, all reasonable expenses, charges, costs and other disbursements in the administration and performance of its duties hereunder, and shall to the extent permitted by law indemnify and save the Dissemination Agent and its officers, directors, attorneys, agents and employees harmless from and 7 against any costs, expenses, damages or other liabilities (including attorneys fees) which it (or they) may incur in the exercise of its (or their) powers and duties hereunder, except with respect to its (or their) willful misconduct or gross negligence. Nothing contained herein is intended to be nor shall it be construed as a waiver of any immunity from or limitation of liability that the Borrower may be entitled to pursuant to the Doctrine of Sovereign Immunity or Section 768.28, Florida Statutes. Notwithstanding anything to the contrary contained herein, the obligations of the Borrower hereunder shall be limited obligations payable solely from the sources provided under Section 2.02(a) of the Loan Agreement. SECTION 11. Concerning the Dissemination Agent and the Borrower. (a) The Dissemination Agent is not answerable for the exercise of any discretion or power under this Continuing Disclosure Agreement or for anything whatever in connection herewith, except only its own willful misconduct or gross negligence. The Dissemination Agent shall have no liability to the Bondholders or any other person with respect to the undertakings described in Section l hereof, except as expressly set forth in this Continuing Disclosure Agreement regarding its own willful misconduct or gross negligence. (b) The Dissemination Agent has no responsibility or liability hereunder for determining compliance for any information submitted hereunder with any law, rule or regulation or the terms of this agreement. The Dissemination Agent shall have no responsibility for disseminating information not delivered to it or giving notice of non - delivery except as specifically required hereunder; and (c) The parties to this Continuing Disclosure Agreement acknowledge and agree that the Borrower assumes no obligations hereunder other than those specifically assumed by the Borrower herein. SECTION 12. Termination of this Continuing Disclosure Agreement. This Continuing Disclosure Agreement shall terminate at such time as the Loan Agreement terminates. SECTION 13. Beneficiaries. This Continuing Disclosure Agreement shall inure solely to the benefit of the Borrower, the Dissemination Agent, the Trustee, the Issuer, the Insurer, the Participating Underwriter and the Bondholders. This Continuing Disclosure Agreement shall not be deemed to inure to the benefit of or grant any rights to any party other than the parties specified in the preceding sentence. SECTION 14. Counterparts. This Continuing Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. SECTION 15. Governing Law. This Continuing Disclosure Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the Borrower and the Dissemination Agent have caused this Continuing Disclosure Agreement to executed and delivered as of the date first written above. N. as Borrower By: Its: FLORIDA LEAGUE OF CITIES, INC., as Dissemination Agent Its: :. V EXHIBIT A Form of Annual Report Certificate The undersigned duly appointed and acting of a Florida , as Borrower under the Continuing Disclosure Agreement (hereinafter described) (the 'Borrower "), hereby certifies on behalf of the Borrower pursuant to the Continuing Disclosure Agreement dated as of 1, 2006 (the "Continuing Disclosure Agreement ") executed and delivered by the Borrower and accepted by Florida League of Cities, Inc., as Dissemination Agent (the "Dissemination Agent "), as follows: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Continuing Disclosure Agreement. 2. Annual Report. Accompanying this Annual Report Certificate is the Annual Report for the Fiscal Year ended 3. Compliance with Continuiniz Disclosure Agreement. The Annual Report is being delivered to the Dissemination Agent herewith not later than 270 days after the end of the Fiscal Year to which the Annual Report relates. The Annual Report contains, or includes by reference, Financial Information and Operating Data of the types identified in the Continuing Disclosure Certificate most recently delivered to the Dissemination Agent pursuant to Section 5 of the Continuing Disclosure Agreement. To the extent any such Financial Information or Operating Data is included in the Annual Report by reference, any document so referred to has been previously provided to the Repositories or filed with the SEC or, in the case of a reference to a Final Official Statement, has been filed with the MSRB. Such Financial Information and Operating Data have been prepared on the basis of the [Audited/Unaudited] Financial Statements. [Such Audited Financial Statements are included as part of the Annual Report.] [Because the Audited Financial Statements have not been approved by the Governing Body as of the date hereof, the Unaudited Financial Statements have been included as part of the Annual Report. The Unaudited Financial Statements have been prepared on a basis substantially consistent with such Audited Financial Statements. The Borrower shall deliver such Audited Financial Statements to the Dissemination Agent as soon as practicable after they have been approved by the Governing Body.] 10 IN WITNESS WHEREOF, the undersigned has executed and delivered this Annual Report Certificate to the Dissemination Agent, which has received such certificate and the Annual Report, all as of the day of the _ day of , Acknowledgment of Receipt: as Dissemination Agent By: Its: 11 I' , Its: as Borrower EXHIBIT B Form of Section 5(a) Continuing Disclosure Certificate Florida League of Cities, Inc. 301 Bronough Street Tallahassee, Florida-33401 The undersigned duly authorized signatory of (the "Borrower ") hereby certifies on behalf of the Borrower pursuant to the Continuing Disclosure Agreement dated as of 1, 2006 (the "Continuing Disclosure Agreement ") executed and delivered by the Borrower and accepted by Florida League of Cities, Inc., as Dissemination Agent (the "Dissemination Agent "), as follows: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Continuing Disclosure Agreement. 2. Purpose. The Borrower is delivering this Continuing Disclosure Certificate to the Dissemination Agent pursuant to Section 5(a) of the Continuing Disclosure Agreement. 3. Financial Information and Operating Data Included in Final Official Statement. The following types of Financial Information and Operating Data were included in the Final Official Statement for the Bonds and are to be included in the Annual Report: (a) Financial Information (b) Operating Data 4. Annual Report. Until such time as the Borrower delivers a revised Continuing Disclosure Certificate and an opinion of disclosure counsel to the Dissemination Agent pursuant to Section 5 of the Continuing Disclosure Agreement, the Financial Information and Operating Data of the types identified in paragraph 3 of this certificate shall be included in the Annual Reports delivered by the Dissemination Agent pursuant to Section 4 of the Continuing Disclosure Agreement. 12 IN WITNESS WHEREOF, the undersigned has executed and delivered this Continuing Disclosure Certificate to the Dissemination Agent, which has received the same, all as of the 1 st day of , 2005. Acknowledgment of Receipt: Florida League of Cities, Inc., as Dissemination Agent Its: Its: 13 as Borrower Exhibit B IciaiA LOAN AGREEMENT By and Between FLORIDA MUNICIPAL LOAN COUNCIL and CITY OF , FLORIDA Dated as of 1, 2006 FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 2006 This Instrument Prepared By: Grace E. Dunlap, Esq. Bryant Miller Olive One Tampa City Center, Suite 2700 Tampa, Florida 33602 and JoLinda Herring, Esq. Bryant Miller Olive One Biscayne Tower 2 South Biscayne Blvd., Suite 1480 Miami, .Florida 33131 TABLE OF CONTENTS P--&? ARTICLEI - DEFINITIONS ........................................................................................ ..............................2 ARTICLE 11- REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWERAND COUNCIL ..................................................... .............................10 SECTION 2.01. Representations, Warranties and Covenants ................. .............................10 SECTION 2.02. Covenants of Borrower ..................................................... .............................13 ARTICLEIII - THE LOAN ......................................................................................... .............................17 SECTION 3.01. The Loan . ............................... SECTION 3.02. Evidence of Loan .................. ............. .............................17 17 ARTICLE IV - LOAN TERM AND LOAN CLOSING REQUIREMENTS .......... .............................18 SECTION 4.01. Commencement of Loan Term ........................................ .............................18 SECTION 4.02. Termination of Loan Term ............................................... .............................18 SECTION4.03. Loan Closing Submissions ................................................ .............................18 ARTICLEV - LOAN REPAYMENTS ....................................................................... .............................20 SECTION 5.01. Payment of Basic Payments .............................................. .............................20 SECTION 5.02. Payment of Surety Bond Costs ....................................... .............................20 SECTION 5.03. Payment of Additional Payments ................................... .............................20 SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments ................22 SECTION 5.05. Obligations of Borrower Unconditional ......................... .............................22 SECTION5.06. Refunding Bonds ............................................................... .............................22 SECTION5.07. Prepayment ......................................................................... .............................22 ARTICLEVI - DEFEASANCE ................................................................................... .............................23 ARTICLE VII - ASSIGNMENT AND PAYMENT BY THIRD PARTIES ............. .............................24 SECTION 7.01. Assignment by Council ..................................................... .............................24 SECTION 7.02. Assignment by Borrower .................................................. .............................24 SECTION 7.03. Payments by the Bond Insurer ......................................... .............................24 SECTION 7.04. Payments by the Surety Bond Provider .......................... .............................24 ARTICLE VIII - EVENTS OF DEFAULT AND REMEDIES .................................. .............................25 SECTION 8.01. Events of Default Defined ................................................ .............................25 SECTION 8.02. Notice of Default ................................................................ .............................26 SECTION 8.03. Remedies on Default ......................................................... .............................26 SECTION8.04. [Reserved] ........................................................................... .............................27 SECTION 8.05. No Remedy Exclusive; Waiver, Notice ........................... .............................27 SECTION 8.06. Application of Moneys ...................................................... .............................27 ARTICLED(- MISCELLANEOUS ............................................................................ .............................28 i SECTION9.01. Notices ................................................................................. .............................28 SECTION 9.02. Binding Effect ..................................................................... .............................28 SECTION9.03. Severability ....................................................................... ............................... 28 SECTION 9.04. Amendments, Changes and Modifications .................... .............................28 SECTION 9.05. Execution in Counterparts ................................................ .............................29 SECTION9.06. Applicable Law .................................................................. .............................29 SECTION 9.07. Benefit of Bondholders; Compliance with Indenture ... .............................29 SECTION 9.08. Consents and Approvals .................................................. .............................29 SECTION 9.09. Immunity of Officers, Employees and Members of Council and Borrower...................................................................... ............................... 29 SECTION9.10. Captions .............................................................................. .............................29 SECTION 9.11. No Pecuniary Liability of Council ................................... .............................29 SECTION9.12. Payments Due on Holidays .............................................. .............................30 SECTION9.13. Calculations ........................................................................ .............................30 SECTION 9.14. Time of Payment ................................................................ .............................30 EXHIBIT A USE OF LOAN PROCEEDS EXHIBIT B CERTIFIED ORDINANCE OF BORROWER EXHIBIT C OPINION OF BORROWER'S COUNSEL EXHIBIT D DEBT SERVICE SCHEDULE EXHIBIT E FORM OF REQUISITION CERTIFICATE ii LOAN AGREEMENT This Loan Agreement (the "Loan Agreement" or the "Agreement ") dated as of 1, 2006 and entered into between the FLORIDA MUNICIPAL LOAN COUNCIL (the "Council "), a separate legal entity and public body corporate and politic duly created and existing under the Constitution and laws of the State of Florida, and the CM OF . FLORIDA (the 'Borrower "), a duly constituted municipality under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to the authority of the hereinafter defined Act, the Council desires to loan to the Borrower the amount necessary to enable the Borrower to finance, refinance or reimburse the cost of the Projects, as hereinafter defined, and the Borrower desires to borrow such amount from the Council subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, the Council is a separate legal entity and public body corporate and politic duly created and existing under the laws of the State of Florida organized and existing under and by virtue of the Interlocal Agreement among initially, the City of DeLand, Florida, the City of Rockledge, Florida and the City of Stuart, Florida, as amended and supplemented, together with the additional governmental entities who become members of the Council, in accordance with Chapter 163, Part I, Florida Statutes, as amended (the " Interlocal Act "); and WHEREAS, the Council has determined that there is substantial need within the State for a financing program (the "Program ") which will provide funds for qualifying projects (the "Projects ") for the participating Borrowers; and WHEREAS, the Council is authorized under the Interlocal Act to issue its revenue bonds to provide funds for such purposes; and WHEREAS, the Council has determined that the public interest will best be served and that the purposes of the Interlocal Act can be more advantageously obtained by the Council's issuance of revenue bonds in order to loan funds to the Borrowers to finance Projects; and WHEREAS, the Borrower is authorized under and pursuant to the Act, as amended, to enter into this Loan Agreement for the purposes set forth herein; and WHEREAS, the Council and the Borrower have determined that the lending of funds by the Council to the Borrower pursuant to the terms of this Agreement and that certain Trust Indenture dated as of 1, 2006, between the Council and the Trustee (as defined herein) relating to the Bonds (as hereinafter defined), including any amendments and supplements thereto (the "Indenture "), will assist in the development and maintenance of the public welfare of the residents of the State and the areas served by the Borrower, and shall serve a public purpose by improving the health and living conditions, and providing adequate governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs in the State; and WHEREAS, neither the Council, the Borrower nor the State or any political subdivision thereof (other than each Borrower to the extent of their obligations under their respective Loan Agreements only), shall in any way be obligated to pay the principal of, premium, if any, or interest on those certain revenue bonds of the Council designated "Florida Municipal Loan Council Revenue Bonds, Series 2006" (the 'Bonds') as the same shall become due, and the issuance of the Bonds shall not directly, indirectly or contingently obligate the Borrower, the State or any political subdivision or municipal corporation thereof to levy or pledge any form of ad valorem taxation for their payment but shall be payable solely from the funds and revenues pledged under and pursuant to this Agreement and the Indenture. NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS Unless the context or use indicates another meaning or intent, the following words and terms as used in this Loan Agreement shall have the following meanings, and any other hereinafter defined, shall have the meanings as therein defined. "Accountant" or "Accountants" means an independent certified public accountant or a firm of independent certified public accountants. "Accounts" means the accounts created pursuant to Section 4.02 of the Indenture. "Act" means, collectively, to the extent applicable to the Borrower, Chapter 163, Part I, Florida Statutes, Chapter 166, Part II, Florida Statutes, and Chapter 125, Part I, as amended, and all other applicable provisions of law. "Additional Payments" means payments required by Section 5.03 hereof. "Alternate Surety Bond" means any letter of credit or surety bond obtained to replace the Surety Bond then in effect pursuant to the Indenture. "Alternate Surety Bond Provider" means any provider of an Alternate Surety Bond. 2 "Arbitrage Regulations" means the income tax regulations promulgated, proposed or applicable pursuant to Section 148 of the Code as the same may be amended or supplemented or proposed to be amended or supplemented from time to time. "Authorized Representative" means, when used pertaining to the Council, the Chairman of the Council and such other designated members, agents or representatives as may hereafter be selected by Council resolution; and, when used with reference to a Borrower which is a municipality, means the person performing the functions of the Mayor or Deputy, Acting or Vice Mayor thereof or other officer authorized to exercise the powers and performs the duties of the Mayor; and, when used with reference to a Borrower which is a County means the person performing the function of the Chairman or Vice Chairman of the Board of County Commissioners of such Borrower; and, when used with-reference to an act or document, also means any other person authorized by resolution to perform such act or sign such document. "Basic Payments" means the payments denominated as such in Section 5.01 hereof. "Board" means the governing body of the Borrower. "Bond Counsel" means Bryant Miller Olive, Tampa, Florida or any other nationally recognized bond counsel "Bondholder" or "Holder" or "holder of Bonds" or "Owner" or "owner of Bonds" whenever used herein with respect to a Bond, means the person in whose name such Bond is registered. "Bond Insurance" means the insurance policy of the Bond Insurer which insures payment of the principal of and interest on the Bonds when due. "Bond Insurance Premium" means the premiums payable to the Bond Insurer for the Bond Insurance. "Bond Insurer" means and any successors thereto. "Bonds" means the $ Florida Municipal Loan Council Revenue Bonds, Series 2006 issued pursuant to Article II of the Indenture. "Bond Year" means a 12 -month period beginning on 2 and ending on and including the following 1, except for the first period which begins on , 2006. "Borrower" means the governmental unit which is described in the first paragraph and on the cover page of this Loan Agreement and which is borrowing and using the Loan proceeds 3 to finance, refinance and /or be reimbursed for, all or a portion of the costs of one or more Projects. "Borrowers" means, collectively, the Borrower executing this Loan Agreement and the other governmental units which have received loans from the Council made from proceeds of the Bonds. "Business Day" means any day of the year which is not a Saturday or Sunday or a day on which banking institutions located in New York City or the State are required or authorized to remain closed or on which the New York Stock Exchange is closed. "Certificate," "Statement," "Request, 'Requisition" and "Order" of the Council mean, respectively, a written certificate, statement, request, requisition or order signed in the name of the Council by its Chairman, Program Administrator or such other person as may be designated and authorized to sign for the Council. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. "Closing" means the closing of a Loan pursuant to the Indenture and this Agreement. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated, proposed or applicable thereunder. "Commencement Date" means the date when the term of this Agreement begins and the obligation of the Borrower to make Loan Repayments accrues. "Council" means the Florida Municipal Loan Council. "Cost" means "Cost" as defined in the Act. "Cost of Issuance Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Counsel" means an attorney duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for either the Council or the Borrowers. "Default" means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default. "Event of Default" shall have the meaning ascribed to such term in Section 8.01 of this Agreement. 4 "Financial Newspaper" or "Journal" means The Wall Street Journal or The Bond Buyer or any other newspaper or journal containing financial news, printed in the English language, customarily published on each Business Day and circulated in New York, New York, and selected by the Trustee, whose decision shall be final and conclusive. "Fiscal Year" means the fiscal year of the Borrower. "Fitch" means Fitch Ratings, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns and if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with approval of the Bond Insurer, by notice to the Trustee. "Franchise Fees means the amounts, revenues, and fees paid by Florida Power & Light Company to the Borrower pursuant to and in accordance with Ordinance 2006 -021 of the Borrower enacted June 20, 2006 and the Franchise Agreement dated as of , 2006. "Funds" means the funds created pursuant to Section 4.02 of the Indenture. "Governmental Obligations" means (i) direct and general obligations of the United States of America, or those which are unconditionally guaranteed as to principal and interest by the same, including interest on obligations of the Resolution Funding Corporation and (ii) pre - refunded municipal obligations meeting the following criteria: (a) the municipal obligations may not be callable prior to maturity or, alternatively, the trustee has received irrevocable instructions concerning their calling and redemption, (b) the municipal obligations are secured by cash or securities described in subparagraph (i) above (the " Defeasance Obligations "), which cash or Defeasance Obligations may be applied only to interest, principal, and premium payments of such municipal obligations; (c) the principal and interest of the Defeasance Obligations (plus any cash in the fund) are sufficient to meet the liabilities of the municipal obligations; (d) the Defeasance Obligations serving as security for the municipal obligations must be held by an escrow agent or a trustee; and (e) the Defeasance Obligations are not available to satisfy any other claims, including those against the Trustee or escrow agent. 5 Additionally, evidences of ownership of proportionate interests in future interest and principal payments of Defeasance Obligations are permissible. Investments in these proportionate interests are limited to circumstances wherein (a) a bank or trust company acts as custodian and holds the underlying obligations; (b) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying obligations; and (c) the underlying obligations are held in a special account separate and apart from the custodian's general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated. "Indenture" means the Trust Indenture dated as of 1, 2006 between the Council and the Trustee, including any indentures supplemental thereto, pursuant to which (i) the Bonds are authorized to be issued and (ii) the Council's interest in the Trust Estate is pledged as security for the payment of principal of, premium, if any, and interest on the Bonds. "Interest Payment Date" means 1 and 1 of each year, commencing 1, 2006. "Interest Period" means the semi - annual period between Interest Payment Dates. " Interlocal Act" means Chapter 163, Part I, Florida Statutes. " Interlocal Agreement" means that certain Interlocal Agreement originally dated as of December 1, 1998, initially among the City of Stuart, Florida, the City of Rockledge, Florida and the City of DeLand, Florida, together with the additional governmental entities who become members of the Council, all as amended and supplemented from time to time. "Liquidation Proceeds" means amounts received by the Trustee or the Council in connection with the enforcement of any of the remedies under this Loan Agreement after the occurrence of an "Event of Default" under this Loan Agreement which has not been waived or cured. "Loan" means the Loan made to the Borrower from Bond proceeds to finance certain Project(s) in the amount specified in Section 3.01 herein. "Loans" means all loans made by the Council under the Indenture to the Borrowers. "Loan Agreement" or "Loan Agreements" means this Loan Agreement and any amendments and supplements hereto. "Loan Repayment Date" means , 2006, and thereafter each and , or if such day is not a Business Day, the next preceding Business Day. M "Loan Repayments" means the payments of principal and interest and other payments payable by the Borrower pursuant to the provisions of this Loan Agreement, including, without Imitation, Additional Payments. "Loan Term" means the term provided for in Article IV of this Loan Agreement. "Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with the approval of the Bond Insurer, by notice to the Trustee. [ "Non -Ad Valorem Revenues" means all revenues and taxes of the Borrower derived from any source whatever other than ad valorem taxation on real and personal property, which are legally available for Loan Repayments.] "Opinion of Bond Counsel" means an opinion by Bond Counsel which is selected by the Council and acceptable to the Trustee. "Opinion of Counsel" means an opinion in writing of a legal counsel, who may, but need not be, counsel to the Council, a Borrower or the Trustee. "Outstanding Bonds or "Bonds Outstanding" means all Bonds which have been authenticated and delivered by the Trustee under the Indenture, except: (a) Bonds canceled after purchase in the open market or because of payment at or redemption prior to maturity; (b) Bonds deemed paid under Article 1X of the Indenture; and (c) Bonds in lieu of which other Bonds have been authenticated under Section 2.06, 2.07 or 2.09 of the Indenture. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. Bond. "Pledged Revenues" means the Franchise Fees. "Principal Fund" means the fund by that name created by Section 4.02 of the Indenture. "Principal Payment Date" means the maturity date or mandatory redemption date of any 7 "Program" means the Council's program of making Loans under the Act and pursuant to the Indenture. "Program Administrator" means the Florida League of Cities, Inc., a non -profit Florida corporation. "Project" or "Projects" means a governmental undertaking approved by the governing body of a Borrower for a public purpose, including the refinancing of any indebtedness. "Project Loan Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Proportionate Share" means, with respect to any Borrower, a fraction the numerator of which is the outstanding principal amount of the Loan of such Borrower made from proceeds of the Bonds and the denominator of which is the outstanding principal amount of all Loans made from proceeds of the Bonds and then outstanding. "Purchase Price" means the purchase price of one or more items of a Project payable by a Borrower to the seller of such items. "Redemption Price" means, with respect to any Bond (or portion thereof), the principal amount of such Bond (or portion) plus the applicable premium, if any, payable upon redemption pursuant to the provisions of such Bond and the Indenture. "Reserve Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenue Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenues" means all Loan Repayments paid to the Trustee for the respective accounts of the Borrowers for deposit in the Principal Fund and Revenue Fund to pay principal of, premium, if any, and interest on the Bonds upon redemption, at maturity or upon acceleration of maturity, or to pay interest on the Bonds when due, and all receipts of the Trustee credited to the Borrower under the provisions of this Loan Agreement. "S &P" means Standard & Poor's, a division of the McGraw -Hill Companies, Inc., a corporation organized and existing under the laws of the State of New York, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S &P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with the approval of the Bond Insurer, by notice to the Trustee. "Special Record Date" means the date established pursuant to Section 9.05 of the Indenture as a record date for the payment of defaulted interest, if any, on the Bonds. "State" means the State of Florida. "Supplemental Indenture" means any indenture hereafter duly authorized and entered into between the Council and the Trustee, supplementing, modifying or amending the Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized in the Indenture. "Surety Bond" means the surety bond issued by the Surety Bond Provider guaranteeing certain payments into the Reserve Fund with respect to the Bonds and any other series of the Council's bonds or any Alternate Surety Bond. "Surety Bond Provider" means any Alternate Surety Bond Provider. and any successors thereto or "Trust Estate" means the property, rights, Revenues and other assets pledged and assigned to the Trustee pursuant to the Granting Clauses of the Indenture. "Trustee" means , as Trustee, or any successor thereto under the Indenture. 0 ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER AND COUNCIL SECTION 2.01. Representations, Warranties and Covenants. The Borrower and the Council represent, warrant and covenant on the date hereof for the benefit of the Trustee, the Borrower, the Bond Insurer and Bondholders, as applicable, as follows: (a) Organization and Authority. The Borrower: (1) is a duly organized and validly existing municipality of the State and is a duly organized and validly existing Borrower; and (2) has all requisite power and authority to own and operate its properties and to carry on its activities as now conducted and as presently proposed to be conducted. (b) Full Disclosure. There is no fact that the Borrower knows of which has not been specifically disclosed in writing to the Council and the Bond Insurer that materially and adversely affects or, except for pending or proposed legislation or regulations that are a matter of general public information affecting State of Florida municipalities generally, that will materially affect adversely the properties, activities, prospects or condition (financial or otherwise) of the Borrower or the ability of the Borrower to perform its obligations under this Agreement. The financial statements, including balance sheets, and any other written statement furnished by the Borrower to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading. There is no fact known to the Borrower which the Borrower has not disclosed to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer in writing which materially affects adversely or is likely to materially affect adversely the financial condition of the Borrower, or its ability to make the payments under this Agreement when and as the same become due and payable. (c) Pending Litigation. To the knowledge of the Borrower there are no proceedings pending, or to the knowledge of the Borrower threatened, against or affecting the Borrower, except as specifically described in writing to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the properties, prospects or condition (financial or otherwise) of the Borrower, 10 or the existence or powers or ability of the Borrower to enter into and perform its obligations under this Agreement. (d) Borrowing Legal and Authorized. The execution and delivery of this Agreement and the consummation of the transactions provided for in this Agreement and compliance by the Borrower with the provisions of this Agreement: (1) are within the powers of the Borrower and have been duly and effectively authorized by all necessary action on the part of the Borrower; and (2) do not and will not (i) conflict with or result in any material breach of any of the terms, conditions or provisions of, or constitute a default, under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Borrower pursuant to any indenture, loan agreement or other agreement or instrument (other than this Agreement) or restriction to which the Borrower is a party or by which the Borrower, its properties or operations are bound as of the date of this Agreement or (ii) with the giving of notice or the passage of time or both, constitute a breach or default or so result in the creation or imposition of any lien, charge or encumbrance, which breach, default, lien, charge or encumbrance (described in (i) or (ii)) could materially and adversely affect the validity or the enforceability of this Agreement or the Borrower's ability to perform fully its obligations under this Agreement; nor does such action result in any violation of the provisions of the Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Borrower, its properties or operations may be bound. (e) No Defaults. No event has occurred and no condition exists that constitutes an Event of Default, or which, upon the execution and delivery of this Agreement and /or the passage of time or giving of notice or both, would constitute an Event of Default. The Borrower is not in violation in any material respect, and has not received notice of any claimed violation (except such violations as (i) heretofore have been specifically disclosed in writing to, and have been in writing specifically consented to by the Council and the Bond Insurer and (ii) do not, and shall not, have any material adverse effect on the transactions herein contemplated and the compliance by the Borrower with the terms hereof), of any terms of any agreement or other instrument to which it is a party or by which it, its properties or operations may be bound, which may materially adversely affect the ability of the Borrower to perform hereunder. (f) Governmental Consent. The Borrower has obtained, or expects to obtain when required, all permits, approvals and findings of non - reviewability required as of the date hereof by any governmental body or officer for the acquisition and /or installation of the Project, including construction and renovation work, the financing or refinancing thereof or the reimbursement of the Borrower therefor, or the use of such Project, the Borrower has complied with or will comply with all applicable provisions of law requiring any notification, declaration, filing or registration with any agency or other governmental body or officer in connection with the acquisition or installation of the Project, including construction and renovation work 11 necessary for such installation, financing or refinancing thereof or reimbursement of the Borrower therefor; and any such action, construction, installation, financing, refinancing or reimbursement contemplated in this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such agency or other governmental consent, order or other action which is applicable thereto. No further consent, approval or authorization of, or filing, registration or qualification with, any governmental authority is required on the part of the Borrower as a condition to the execution and delivery of this Loan Agreement, or to amounts becoming outstanding hereunder. (g) Compliance with Law. The Borrower is in compliance with all laws, ordinances, governmental rules and regulations to which it is subject and which are material to its properties, operations, finances or status as a municipal corporation or subdivision of the State. (h) Use of Proceeds. (1) The Borrower will apply the proceeds of the Loan from the Council solely for the financing for the cost of the Projects as set forth in Exhibit A hereto. If any component of the Project listed in Exhibit A is not paid for out of the proceeds of the Loan at the Closing of the Loan, Borrower shall, as quickly as reasonably possible, with due diligence, and in any event prior to , 2009, use the remainder of the amounts listed in Exhibit A and any investment earnings thereon to pay the cost of the Project, provided that, such time limit may be extended by the written consent of the Council with notice to the Trustee, and provided further that Borrower may amend Exhibit A without the consent of the Council or the Trustee (but with notice thereto) but with a favorable opinion of Bond Counsel (to the effect that such an amendment and the completion of the revised Project will not adversely affect the validity or tax- exempt status of the Bonds) regarding the amended Exhibit A, to provide for the financing of a different or additional Project if Borrower, after the date hereof, deems it to not be in the interest of Borrower to acquire or construct any item of such Project or the cost"of the Project proves to be less than the amounts listed on Exhibit A and the investment earnings thereon. Notwithstanding the foregoing all such proceeds shall be expended prior to 2009. Borrower will provide the Trustee with a requisition in the form of the requisition attached hereto as Exhibit E for the expenditure of the remaining amounts of the Loan in the Project Loan Fund. (2) Items of cost of the Project which may be financed include all reasonable or necessary direct or indirect costs of or incidental to the acquisition, construction or installation of the Project, including operational expenses during this construction period which would qualify for capitalization under generally accepted accounting principles, the incidental costs of placing the same in use and financing expenses (including the application or origination fees, if any, of the Bond Insurer and the Council and Borrower's Counsel fees), but not operating expenses. 12 (3) Borrower understands that the actual Loan proceeds received by it are less than the sum of the face amount of the Loan Agreement plus the reoffering premium in an amount equal to a discount as described in Section 3.01 hereof. Borrower will accordingly be responsible for repaying, through the Basic Payments portion of its Loan Repayments, the portion of the Bonds issued to fund only its Loan including the portion issued to fund the underwriting discount, original issue discount and other fees and costs of issuing the Bonds. (4) The Borrower covenants that it will make no use of the proceeds of the Bonds which are in its control at any time during the term of the Bonds which would cause such Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code. (5) The Borrower, by the Trustee's acceptance of the Indenture, covenants that the Borrower shall neither take any action nor fail to take any action or to the extent that it may do so, permit any other party to take any action which, if either taken or not taken, would adversely affect the exclusion from gross income for Federal income tax purposes of interest on the Bonds. (i) Project. All items constituting the Project are permitted to be financed with the proceeds of the Bonds and the Loan pursuant to the Act. (j) Compliance with Interlocal Act and Interlocal Agreement. All agreements and transactions provided for herein or contemplated hereby are in full compliance with the terms of the Interlocal Agreement and the Interlocal Act. (k) Enforcement of Franchise Agreement. The Borrower hereby covenants, that as long as the Loan is outstanding, it will not undertake any actions which would impair or adversely effect its right to receive the Pledged Revenues under the terms of the Franchise Agreement. The Borrower will proceed diligently to perform legally and effectively all steps required on its part to comply with the Franchise Agreement. SECTION 2.02. Covenants of Borrower. The Borrower makes the following covenants and representations as of the date first above written and such covenants shall continue in full force and effect during the Loan Term: (a) Security for Loan Repayment. The Borrower agrees to pay when due under this Loan Agreement as promptly as money becomes available to the Trustee for deposit directly into the appropriate Fund or Account created in the Indenture, amounts of Pledged Revenues of the Borrower sufficient to satisfy the Loan Repayment as required under this Loan Agreement. The Borrower does hereby irrevocably pledge the Pledged Revenues to the payment of the Loan Repayments. 13 (b) Delivery of Information to the Bond Insurer. Borrower shall deliver to the Bond Insurer and the Council as soon as available and in any event within 270 days after the end of each Fiscal Year an audited statement of its financial position as of the end of such Fiscal Year and the related statements of revenues and expenses, fund balances and changes in fund balances for such Fiscal Year, all reported by an independent certified public accountant, whose report shall state that such financial statements present fairly Borrower's financial position as of the end of such Fiscal Year and the results of operations and changes in financial position for such Fiscal Year. (c) Information. Borrower's chief financial officer shall, at the reasonable request of the Bond Insurer, discuss Borrower's financial matters with the Bond Insurer or their designee and provide the Bond Insurer with copies of any documents reasonably requested by the Bond Insurer or its designee unless such documents or material are protected or privileged from disclosure under applicable Florida law. (d) [Reserved]. (e) Further Assurance. The Borrower shall execute and deliver to the Trustee all, such documents and instruments and do all such other acts and things as may be reasonably necessary to enable the Trustee to exercise and enforce its rights under this Loan Agreement and to realize thereon, and record and file and re- record and re -file all such documents and instruments, at such time or times, in such manner and at such place or places, all as may be reasonably necessary or required by the Trustee to validate, preserve and protect the position of the Trustee under this Loan Agreement. (f) Keeping of Records and Books of Account. The Borrower shall keep or cause to be kept proper records and books of account, in which correct and complete entries will be made in accordance with generally accepted accounting principles, consistently applied (except for changes concurred in by the Borrower's independent auditors) reflecting all of its financial transactions. (g) Payment of Taxes, Etc. The Borrower shall pay all legally contracted obligations when due and shall pay all taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits, or. upon any properties belonging to it, prior to the date on which penalties attach thereto, and all lawful claims, which, if unpaid, might become alien or charge upon any of its properties, provided that it shall not be required to pay any such tax, assessment, charge, levy or claim which is being contested in good faith and by appropriate proceedings, which shall operate to stay the enforcement thereof. (h) Compliance with Laws, Etc. Subject to an annual appropriation of legally available funds, the Borrower shall comply with the requirements of all applicable laws, the terms of all grants, rules, regulations and lawful orders of any governmental authority, non- compliance with which would, singularly or in the aggregate, materially adversely affect its 14 business, properties, earnings, prospects or credit, unless the same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. (i) Tax - exempt Status of Bonds. The Council and the Borrower understand that it is the intention hereof that the interest on the Bonds not be included within the gross income of the holders thereof for federal income tax purposes. In furtherance thereof, the Borrower and the Council each agree that they will take all action within their control which is necessary in order for the interest on the Bonds or this Loan to remain excluded from gross income for federal income taxation purposes and shall refrain from taking any action which results in such interest becoming included in gross income. The Borrower and the Council further covenant that, to the extent they have control over the proceeds of the Bonds, they will not take any action or fail to take any action with respect to the investment of the proceeds of any Bonds, with respect to the payments derived from the Bonds or hereunder or with respect to the issuance of other Council obligations, which action or failure to act may cause the Bonds to be "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code and the regulations promulgated thereunder. In furtherance of the covenant contained in the preceding sentence, the Borrower and the Council agree to comply with the Tax Certificate as to Arbitrage and the provisions of Section 141 through 150 of the Internal Revenue Code of 1986, as amended, including the letter of instruction attached as an Exhibit to the Tax Certificate, delivered by Bryant Miller Olive to the Borrower and the Council simultaneously with the issuance of the Bonds, as such letter may be amended from time to time, as a source of guidelines for achieving compliance with the Code. 0) Information Reports.. The Borrower covenants to provide the Council with all material and information it possesses or has the ability to possess necessary to enable the Council to file all reports required under Section 149(e) of the Code to assure that interest paid by the Council on the Bonds shall, for purposes of the federal income tax, be excluded from gross income. (k) Limited Obligations. Anything in this Loan Agreement to the contrary notwithstanding, it is understood and agreed that all obligations of the Borrower hereunder shall be payable only from Pledged Revenues and nothing herein shall be deemed to pledge ad valorem taxation revenues or to permit or constitute a mortgage or lien upon any assets or property owned by the Borrower and no Bondholder or any other person, including the Council, the Trustee or the Bond Insurer, may compel the levy of ad valorem taxes on real or personal property within the boundaries of the Borrower. The obligations hereunder do not constitute an indebtedness of the Borrower within the meaning of any constitutional, statutory or charter provision or limitation, and neither the Trustee, the Council, the Bond Insurer, or the Bondholders or any other person shall have the right to compel the exercise of the ad valorem taxing power of the Borrower or taxation of any real or personal property therein for the payment by the Borrower of its obligations hereunder. It is the intent of the parties hereto and they do hereby covenant and agree, that the liability of the Borrower hereunder is a several 15 liability of the Borrower expressly limited to the Loan Repayments and the Borrower shall have no joint liability with any other Borrower or the Council for any of their respective liabilities, except to the extent expressly provided hereunder. (1) Reporting_ Requirements. (i) The Borrower will file or cause to be filed with the Bond Insurer and with the Council any official statement issued by, or on behalf of, the Borrower in connection with the incurrence of any additional indebtedness by the Borrower. Such official statements shall be filed within sixty (60) days after the publication thereof. (ii) The Borrower agrees to provide not later than December 31 of each year, a certificate of its Chief Financial Officer stating that to the best of its knowledge the Borrower is in compliance with the terms and conditions of this Loan Agreement, or, specifying the nature of any noncompliance and the remedial action taken or proposed to be taken to cure such noncompliance. (m) Covenant of Pledged Revenues. The Borrower hereby covenants, that as long as the Loan is outstanding, it will not impair or adversely effect its right to receive the Pledged Revenues. The Borrower will proceed diligently to perform legally and effectively all steps required on its part to collect and receive the Pledged Revenues. Further, the Pledged Revenues shall not be subject to repeal or impairment by any subsequent ordinance, resolution or other proceedings of the governing body of the Borrower. 16 ARTICLE III THE LOAN SECTION 3.01. The Loan. The Council hereby agrees to loan to the Borrower and the Borrower hereby agrees to borrow from the Council the sum of $ ($ par amount of Bonds plus $ reoffering premium). This amount includes an amount equal to % which reflect the Borrower's share of the cost of the initial issuance of the Bonds subject to the terms and conditions contained in this Loan Agreement and in the Indenture. The amounts advanced net of the cost of the initial issuance are to be used by the Borrower for the purposes of financing or refinancing the cost of, or receiving reimbursement for the equity in, the Projects in accordance with the provisions of this Loan Agreement. .SECTION 3.02. Evidence of Loan. The Borrower's obligation hereunder to repay amounts advanced pursuant to Section 3.01, together with interest thereon, and other payments required under this Loan Agreement, shall be evidenced by this Loan Agreement. 17 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. Commencement of Loan Term. The Borrower's obligations under this Loan Agreement shall commence on the date hereof unless otherwise provided in this Loan Agreement. SECTION 4.02. Termination of Loan Term. The Borrower's obligations under this Loan Agreement shall terminate after payment in full of all amounts due under this Loan Agreement and all amounts not theretofore paid shall be due and payable at the times and in the amounts set forth in Exhibit D attached hereto; provided, however, that all covenants and all obligations provided hereunder specified to so survive (including- the obligation of the Borrower to pay its share of the rebate obligations of the Council owed on the Bonds and agreed to by the Borrowers pursuant to Section 5.03(b)(7) hereof) shall survive the termination of this Loan Agreement and the payment in full of principal and interest hereunder. Upon termination of the Loan Term as provided above, the Council and the Trustee shall deliver, or cause to be delivered, to the Borrower an acknowledgment thereof. SECTION 4.03. Loan Closing Submissions. Concurrently with the execution and delivery of this Loan Agreement, the Borrower is providing to the Trustee the following documents each dated the date of such execution and delivery unless otherwise provided below: (a) Certified ordinance of the Borrower substantially in the form of Exhibit B attached hereto; (b) An opinion of the Borrower's Counsel in the form of Exhibit C attached hereto to the effect that the Loan Agreement is a valid and binding obligation of the Borrower and opining to such other matters as may be reasonably required by Bond Counsel, underwriter's counsel and the Bond Insurer and acceptable to Borrower's Counsel; (c) A certificate of the officials of the Borrower who sign this Loan Agreement to the effect that the representations and warranties of the Borrower are true and correct; (d) A certificate signed by the Authorized Representative of the Borrower, in form and substance satisfactory to Bond Counsel, stating (i) the estimated dates and the amounts of projected expenditures for the Project and (ii) that it is reasonably anticipated by the Borrower that the Loan proceeds will be fully advanced therefor and expended by the Borrower prior to 2009, and that the projected expenditures are based on the reasonable expectations of the Borrower having due regard for its capital needs and the revenues available for the repayment thereof. 18 (e) This executed Loan Agreement; (f) An opinion (addressed to the Council, the Trustee, the Bond Insurer and the Borrower) of Bond Counsel to the effect that such financing, refinancing or reimbursement with Loan proceeds is permitted under the Act, the Indenture and the resolution authorizing this Loan Agreement and will not cause the interest on the Bonds to be included in gross income for purposes of federal income taxation or adversely affect the validity, due authorization for or legality of the Bonds; and (g) Such other certificates, documents, opinions and information as the Council, the Bond Insurer, the Trustee or Bond Counsel may require, such requirement to be evidenced (in the case of parties other than the Trustee) by written notice of such party to the Trustee of such requirement. All opinions and certificates shall be dated the date of the Closing. 19 ARTICLE V LOAN REPAYMENTS SECTION 5.01. Payment of Basic Payments. Borrower shall pay to the order of the Council all Loan Repayments in lawful money of the United States of America to the Trustee. No such Loan Repayment shall be in an amount such that interest on the Loan is in excess of the maximum rate allowed by the laws of the State of Florida or of the United States of America. The Loan shall be repaid in Basic Payments, consisting of: (a) principal in the amounts and on the dates set forth in Exhibit D; plus (b) interest calculated at the rates, in the amounts and on the dates set forth in Exhibit D; On or before the fifteenth (15th) day of the month immediately preceding each Interest Payment Date, the Trustee shall give Borrower notice in writing of the total amount of the next Basic Payment due. The Basic Payments shall be due on each and or if such day is not a Business Day, the next preceding Business Day (a "Loan Repayment Date "), commencing , 2006, and extending through , 20_, unless the due date of the Basic Payments is accelerated pursuant to the terms of Section 8.03 hereof. SECTION 5.02. Payment of Surety Bond Costs. The Borrower recognizes that the Surety Bond Provider has provided to the Council the Surety Bond for deposit to the Reserve Fund in lieu of a cash payment or deposit by the Borrower. The Surety Bond shall secure and satisfy the Reserve Requirement (as defined in the Indenture) and any other reserve requirement of bonds as listed on Annex A to the Surety Bond. The Borrower or any other borrower whose loan was funded with proceeds of a bond issue listed on Annex A to the Surety Bond, may draw on the Surety Bond in an amount equal to or less than the limit of the Surety Bond, all in accordance with Section 4.08 of the Indenture. The Borrower hereby agrees to pay to the Trustee an amount equal to the amount drawn by the Borrower (or on behalf of the Borrower) on the Surety Bond as set forth in subsection (c) of Section 5.03 hereof. Such Surety Bond may be replaced by an Alternate Surety Bond issued with respect to funding the reserve fund of subsequent bonds issued by the. Council whose reserve fund shall be on a parity with the Bonds, all in accordance with Section 4.08 of the Indenture. SECTION 5.03. Payment of Additional Payments. In addition to Basic Payments, Borrower agrees to pay on demand of the Council or the Trustee, the following Additional Payments: (a) (i) Borrower's Proportionate Share of: the annual fees or expenses of the Council, if any, including the fees of any provider of arbitrage rebate calculations; the Bond Insurance Premium of the Bond Insurer (to the extent not previously paid from the Cost of 20 Issuance Fund); the fees of the Program Administrator and the fees of the rating agencies (to the extent not previously paid from the Cost of Issuance Fund); and (ii) Borrower's equal share of the annual fees of the Trustee; annual fees of the Registrar and Paying Agent; and the Surety Bond premium of the Surety Bond Provider and any related fees in connection with the Surety Bond (to the extent not previously paid from the Cost of Issuance Fund). (b) All reasonable fees and expenses of the Council or Trustee relating to this Loan Agreement, including, but not limited to: (1) the cost of reproducing this Loan Agreement; (2) the reasonable fees and disbursements of Counsel utilized by the Council, the Trustee and the Bond Insurer in connection with the Loan, this Loan Agreement and the enforcement thereof; (3) reasonable extraordinary fees of the Trustee following an Event of Default hereunder; (4) all other reasonable out -of- pocket expenses of the Trustee and the Council in connection with the Loan, this Loan Agreement and the enforcement thereof; (5) all taxes (including any recording and filing fees) in connection with the execution and delivery of this Loan Agreement and the pledge and assignment of the Council's right, title and interest in and to the Loan and the Loan Agreement, pursuant to the Indenture (and with the exceptions noted therein), and all expenses, including reasonable attorneys' fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof; (6) all reasonable fees and expenses of the Bond Insurer relating directly to the Loan; and (7) the Borrower's share of any amounts owed to the United States of America as rebate obligations on the Bonds related to the_ Borrower's Loan, which obligation shall survive the termination of this Loan Agreement. (c) For repayment of the Surety Bond held by the Trustee an amount equal to any amount drawn by the Borrower (or on behalf of the Borrower) from the Surety Bond due to the Borrower's failure to pay its Basic Payments in accordance- with Section 5.01 hereof, at the times and in the manner and together with interest and expense due thereon all as provided in Section 4.08(a) of the Indenture undertaken in order to reinstate the Surety Bond. The Borrower shall repay such amount drawn on the Surety Bond due to the Borrower's failure to pay its Basic Payments with the first available funds after payment of the current Loan Repayment. The Borrower shall repay only the amount drawn due to its failure to pay its Basic Payment. 21 SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments. (a) On each Interest Payment Date the Trustee shall credit against Borrower's obligation to pay its Loan Repayments, Borrower's share of any interest earnings which were received during the prior Interest Period by the Trustee on the Funds and Accounts (except the Project Loan Fund) held under the Indenture, or shall increase the Borrower's obligation to pay its Loan Repayment, by Borrower's share of any investment losses which were incurred during the prior Interest Period on the Funds and Accounts (except the Project Loan Fund) held under the Indenture. (b) The credits provided for in (a) shall not be given to the extent the Borrower is in default in payment of its Loan Repayments. If past -due Loan Repayments are later collected from such defaulting Borrower, the amount of the missed credit shall, to the extent of the amount collected, be credited in proportion to the amount of credit missed, to the now non- defaulting Borrower from the past -due Loan Repayments. (c) The credits may be accumulated. If the credit allowable for an Interest Period is more than required on the next ensuing Interest Payment Date to satisfy the current Loan Repayment, it may be used on the following Interest Payment Date. SECTION 5.05. Obligations of Borrower Unconditional. Subject in all respects to the provisions of this Loan Agreement, including but not limited to Section 2.02(a) and (k) hereof, the obligations of Borrower to make the Loan Repayments required hereunder and to perform and observe the other agreements on its part contained herein, shall be absolute and unconditional, and shall not be abated, rebated, set -off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, while any Bonds remain outstanding or any Loan Repayments remain unpaid, regardless of any contingency, act of God, event or cause whatsoever. This Loan Agreement shall be deemed and construed to be a "net contract," and Borrower shall pay absolutely net the Loan Repayments and all other payments required hereunder, regardless of any rights of set -off, recoupment, abatement or counterclaim that Borrower might otherwise have against the Council, the Trustee, the Bond Insurer or any other party or parties. SECTION 5.06. Refunding Bonds. In the event the Bonds are refunded, all references in this Loan Agreement to Bonds shall be deemed to refer to the refunding bonds. The Council agrees not to issue bonds or other debt obligations to refund the portion of the Bonds allocable to this Agreement without the prior written consent of the Authorized Representative of the Borrower. SECTION 5.07. Prepayment. The Loan may be prepaid in whole or in part by the Borrower on the dates and in the amounts on which the Bonds are subject to optional redemption and notice provisions pursuant to Section 3.01 of the Indenture. 22 ARTICLE VI DEFEASANCE This Loan Agreement shall continue to be obligatory and binding upon the Borrower in the performance of the obligations imposed by this Loan Agreement and the repayment of all sums due by the Borrower under this Loan Agreement shall continue to be secured by thisloan Agreement as provided herein until all of the indebtedness and all of the payments required to be made by the Borrower shall be fully paid to the Council, the Trustee or the Bond Insurer. Provided, however, if, at any time, the Borrower shall have paid, or shall have made provision for payment of, the principal amount of the Loan, interest thereon and redemption premiums, if any, with respect to the Bonds and shall have paid all amounts due pursuant to Section 5.03 hereof, then, and in that event, the covenant regarding the lien on the Pledged Revenues to the Council for the benefit of the holders of the Bonds shall be no longer in effect and all future obligations of the Borrower under this Loan Agreement shall cease. For purposes of the preceding sentence, deposit of sufficient cash and /or Governmental Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Council in respect to which such Governmental Obligations, the principal and interest received will be sufficient (as reflected in an accountants verification report provided to the Trustee by the Borrower) to make timely payment of the principal, interest and redemption premiums, if any, on the Outstanding Bonds, shall be considered "provision for payment." Nothing herein shall be deemed to require the Council to call any of the outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Council in determining whether to exercise any such option for early redemption. If the Borrower shall make advance payments to the Council in an amount sufficient to retire the Loan of the Borrower, including redemption premium and accrued interest to the next succeeding redemption date of the Bonds, all future obligations of the Borrower under this Loan Agreement shall cease, including the obligations under Section 5.03 hereof, except as provided in Section 4.02 hereof. However, prior to making such payments, the Borrower shall give at least 35 days notice by certified or registered mail to the Council. 23 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. Assignment by Council. The Borrower expressly acknowledges that this Loan Agreement and the obligations of the Borrower to make payments hereunder (with the exception of certain of the Council rights to indemnification, fees, notices and expenses), have been pledged and assigned to the Trustee as security for the Bonds under the Indenture, and that the Trustee shall be entitled to act hereunder and thereunder in the place and stead of the Council whether or not the Bonds are in default. SECTION 7.02. Assignment by Borrower. This Loan Agreement may not be assigned by the Borrower for any reason without the express prior written consent of the Council, the Bond Insurer and the Trustee. SECTION 7.03. Payments by the Bond Insurer. The Borrower acknowledges that payment under this Loan Agreement from funds received by the Trustee or Bondholders from the Bond Insurer do not constitute payment under this Loan Agreement for the purposes hereof or fulfillment of its obligations hereunder. SECTION 7.04. Payments by the Surety Bond Provider. The Borrower acknowledges that payment under this Loan Agreement from funds received by the Trustee or Bondholders from the Surety Bond Provider do not constitute payment under this Loan Agreement for the purposes hereof or fulfillment of its obligations hereunder. 24 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. Events of Default Defined. The following shall be "Events of Default" under this Loan Agreement and the terms "Event of Default" and "Default" shall mean (except where the context clearly indicates otherwise), whenever they are used in this Loan Agreement, any one or more of the following events: (a) Failure by the Borrower to timely pay any Loan Repayment, when due, so long as the Bonds are outstanding; (b) Failure by the Borrower to timely pay any other payment required to be paid hereunder on the date on which it is due and payable, provided the Borrower has prior written notice of any such payments being due; (c) Failure by the Borrower to observe and perform any covenant, condition or agreement other than a failure under (a), on its part to be observed or performed under this Loan Agreement, for a period of thirty (30) days after notice of the failure, unless the Council, the Bond Insurer and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Council, the Bond Insurer or the Trustee, but cannot be cured within the applicable 30 -day period, the Council, the Bond Insurer and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the failure is corrected; (d) Any warranty, representation or other statement by the Borrower or by an officer or agent of the Borrower contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement, is false or misleading in any material respect when made; (e) A petition is filed against the Borrower under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution . or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within 60 days of such filing; (f) The Borrower files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; 25 (g) The Borrower admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Borrower or any of its property is appointed by court order or takes possession thereof and such order remains in effector such possession continues for more than 60 days; (h) Default under any agreement to which Borrower is a party evidencing, securing or otherwise respecting any indebtedness of the Borrower outstanding in the amount of $100,000 or more if, as a result thereof, such indebtedness may be declared immediately due and payable or other remedies may be exercised with respect thereto; (i) Any material provision of this Loan Agreement shall at any time for any reason cease to be valid and binding on the Borrower, or shall be declared to be null and void, or the validity or enforceability of this Loan Agreement shall be contested by the Borrower, or if the Borrower shall deny any further liability or obligation under this Loan Agreement; (j) Final judgment for the payment of money in the amount of $250,000 or more is rendered against Borrower, the payment of which would materially adversely affect the Borrower's ability to meet its obligations hereunder (it being agreed that, if insurance or adequate reserves are available to make such payment, such judgment would not materially affect the Borrower's ability to meet its obligations hereunder) and at any time after 90 days from the entry thereof, unless otherwise provided in the final judgment, (i) such judgment shall not have been discharged, or (ii) Borrower shall not have taken and be diligently prosecuting an appeal therefrom or from the order, decree or process upon which or pursuant to which such judgment shall have been granted or entered, and have caused the execution of or levy under such judgment, order, decree or process of the enforcement thereof to have been stayed pending determination of such appeal, provided that such execution and levy would materially adversely affect the Borrower's ability to meet its obligations hereunder; or (iii) Borrower is not obligated with respect to such judgment pursuant to the provisions of Chapter 768, Florida Statutes or other applicable law. SECTION 8.02. Notice of Default. The Borrower agrees to give the Trustee, the Bond Insurer and the Council prompt written notice if any petition, assignment, appointment or possession referred to in Section 8.01(e), 8.01(f) and 8.01(g) is filed by or against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default, or with the passage of time or the giving of notice would constitute an Event of Default, immediately upon becoming aware of the existence thereof. SECTION 8.03. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Council or the Trustee shall, with the written consent of the Bond Insurer or upon the direction of the Bond Insurer, in addition to any other remedies herein or by law provided, have the right, at its or their option 26 without any further demand or notice, to take such steps and exercise such remedies as provided in Section 9.02 of the Indenture, and, without limitation, one or more of the following: (a) Declare all Loan Repayments, in an amount equal to 100% of the principal amount thereof plus all accrued interest thereon to the date on which such Loan Repayments shall be used to redeem Bonds pursuant to Section 3.02 of the Indenture and all other amounts due hereunder, to be immediately due and payable, and upon notice to the Borrower the same shall become immediately due and payable by the Borrower without further notice or demand. (b) Take whatever other action at law or in equity which may appear necessary or desirable to collect amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. SECTION 8.04. [Reserved]. SECTION 8.05. No Remedy Exclusive, Waiver, Notice. No remedy herein conferred upon or reserved to the Council or the Trustee is intended to be exclusive and, every such. remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Council or the Trustee to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be required in this Article VIII. SECTION 8.06. Application of Moneys. Any moneys collected by the Council or the Trustee pursuant to Section 8.03 hereof shall be applied (a) first, to pay any attorney's fees or other expenses owed by Borrower pursuant to Section 5.03(b)(3) and (4) hereof, (b) second, to pay interest due on the Loan, (c) third, to pay principal due on the Loan, (d) fourth, to pay any other amounts due hereunder, and (e) fifth, to pay interest and principal on the Loan and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in (a) through (d) in this Section 8.06). 27 ARTICLE IX MISCELLANEOUS SECTION 9.01. Notices. All notices, certificates or other communication hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Council: Florida Municipal Loan Council c/o Florida League of Cities 301 South Bronough Street Tallahassee, Florida 32301 Bond Insurer: [TO COME] Trustee: [TO COME] Borrower: City of , Florida Attention: City Manager with a copy to: Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. SECTION 9.02. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the Council and the Borrower and their respective successors and assigns. SECTION 9.03. Severability. In the event any provision of the Loan Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 9.04. Amendments, Changes and Modifications. This Loan Agreement may be amended by the Council and the Borrower as provided in the Indenture; provided, however, that no such amendment shall be effective unless it shall have been consented to in writing by the Bond Insurer. W SECTION 9.05. Execution in Counterparts. This Loan Agreement may be simultaneously executed in several counterparts, each of which, when so executed and delivered, shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.06. Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 9.07. Benefit of Bondholders; Compliance with Indenture. This Loan Agreement is executed in part to induce the purchase by others of the Bonds. Accordingly, all covenants, agreements and representations on the part of the Borrower and the Council, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the holders from time to time of the Bonds. The Borrower covenants and agrees to do all things within its power in order to comply with and to enable the Council to comply with all requirements and to fulfill and to enable the Council to fulfill all covenants of the Indenture. The Borrower also acknowledges that the Council has delegated certain of its duties under the Indenture to its Program Administrator, including the direction to make investments in accordance with Article VII thereof, including but not limited to the investment of the Borrower's Project Loan Fund. SECTION 9.08. Consents and Approvals. Whenever the written consent or approval of the Council shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Representative of the Council or such other additional persons provided by law or by rules, regulations or resolutions of the Council. SECTION 9.09. Immunity of Officers, Employees and Members of Council and Borrower. No recourse shall be had for the payment of the principal of or premium or interest hereunder or for any claim based thereon or upon any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future official officer, member, counsel, employee, director or agent, as such, of the Council or the Borrower, either directly or through the Council or the Borrower, or respectively, any successor public or private corporation thereto under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, members, counsels, employees, directors or agents as such is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 9.10. Captions. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of sections of this Loan Agreement. SECTION 9.11. No Pecuniary Liability of Council. No provision, covenant or agreement contained in this Loan Agreement, or any obligation herein imposed upon the Council, or the breach thereof, shall constitute an indebtedness or liability of the State or any political subdivision or municipal corporation of the State or any public corporation or 29 governmental agency existing under the laws thereof other than the Council. In making the agreements, provisions and covenants set forth in this Loan Agreement, the Council has not obligated itself except with respect to the application of the revenues, income and all other property as derived herefrom, as hereinabove provided. SECTION 9.12. Payments Due on Holidays. With the exception of Basic Payments, if the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than on a Business Day, such payments may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement. SECTION 9.13. Calculations. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. SECTION 9.14. Time of Payment. Any Loan Repayment or other payment hereunder which is received by the Trustee or Council after 2:00 p.m. (New York time) on any day shall be deemed received on the following Business Day. [Remainder of page intentionally left blank] 30 IN WITNESS WHEREOF, the Florida Municipal Loan Council has caused this Loan Agreement to be executed in its corporate ,name with its corporate seal hereunto affixed and attested by its duly authorized officers and the City of , Florida, has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attached by its duly authorized officers. All of the above occurred as of the date first above written. FLORIDA MUNICIPAL LOAN COUNCIL (SEAL) By:_ Name: Title: ATTEST: By: Name: Michael Sittig Title: Executive Director Chairman [SIGNATURE PAGES CONTINUED ON NEXT PAGE] S -1 LOAN AGREEMENT (SEAL) ATTESTED BY: By: Name: Title: City Clerk Approved as to form and correctness this _ day of , 2006. By: Name: Title: City Attorney j: \ wdox \ docs \ clients \ 4118 \ 16\ agrmnt \ 00073801. doc S-2 CITY OF , FLORIDA By: Name: Title: Mayor CITY OF , FLORIDA USE OF LOAN PROCEEDS DESCRIPTION OF PROJECT TO BE ACQUIRED OR CONSTRUCTED PROJECT Exhibit A -1 TOTAL AMOUNT TO BE FINANCED Q "V V.jyd CERTIFIED ORDINANCE OF THE BORROWER See Document No. Exhibit B -1 EXHIBIT C OPINION OF BORROWER'S COUNSEL [Letterhead of Counsel to Borrower] Florida Municipal Loan Council c/o Florida League of Cities, Inc. 301 Bronough Street Tallahassee, Florida 32301 Bryant Miller Olive One Tampa City Center 201 North Franklin Street, Suite 2700 Tampa, Florida 33602 [INSURER] Gentlemen: , 2006 [TRUSTEE] Banc of America Securities LLC 1640 Gulf-to-Bay Boulevard Clearwater, Florida 33755 I am counsel to the City of , Florida (the "Borrower "), and have been requested by the Borrower to give this opinion in connection with the loan by the Florida Municipal Loan Council (the "Council ") to the Borrower of funds to finance or refinance or reimburse the Borrower for all or a portion of the cost of a certain Project (the "Project") as defined in, and as described in Exhibit A of, the Loan Agreement, dated as of 1, 2006 (the "Loan Agreement "), between the Council and the Borrower. In this connection, I have reviewed such records, certificates and other documents as I have considered necessary or appropriate for the purposes of this opinion, including applicable laws, and ordinances adopted by the City Commission of the Borrower, the Loan Agreement, a Trust Indenture dated as of 1, 2006 (the "Indenture ") between the Council and ' as trustee (the "Trustee ") and Ordinance Nos. and each enacted by the Borrower on . 2006 (collectively, the "Ordinance "). Based on such review, and such other considerations of law and fact as we believe to be relevant, we are of the opinion that: (a) The Borrower is a municipality duly organized and validly existing under the Constitution and laws of the State of Florida and under the provisions of the Constitution and laws of the State of Florida. The Borrower has the legal right and all requisite power and Exhibit C -1 authority to enter into the Loan Agreement, to pledge the Franchise Fees, to enact the Ordinance and to consummate the transactions contemplated thereby and otherwise to carry on its activities and own its property. (b) The Borrower has duly authorized, executed and delivered the Ordinance, the Loan Agreement, the Bond Purchase Contract and the Continuing Disclosure Agreement, and such instruments are legal and binding obligations of the Borrower enforceable against the Borrower in accordance with its terms, except to the extent that the enforceability hereof may be subject to bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights heretofore or hereafter enacted and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity, and to the sovereign police powers of the State of Florida and the constitutional powers of the United States of America. (c) The execution and delivery of the Ordinance, the Continuing Disclosure Agreement, the Bond Purchase Contract and the Loan Agreement, the consummation of the transactions contemplated thereby, the purchase or construction of the Project or the reimbursement for costs of the acquisition or construction thereof or the refinancing of the indebtedness to be refinanced with the proceeds of the loan and the fulfillment of or compliance with the terms and conditions of the Loan Agreement, the Bond Purchase Contract and the Continuing Disclosure Agreement does not and will not conflict with or result in a material breach of or default under any of the terms, conditions or provisions of any agreement, contract or other instrument, or law, ordinance, regulation, or judicial or other governmental order, to which the Borrower is now a party or it or its properties is otherwise subject or bound, and the Borrower is not otherwise in violation of any of the foregoing in a manner material to the transactions contemplated by the Loan Agreement. (d) Other than as disclosed in the Official Statement, there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or, to the best of our knowledge, threatened by governmental authorities or to which the Borrower is a party or of which any property of the Borrower is subject, which has not been described in the Official Statement relating to the Bonds or otherwise disclosed in writing to the Council and the Bond Insurer and which, if determined adversely to the Borrower, would individually or in the aggregate materially and adversely affect the validity or the enforceability of the Loan Agreement, the Bond Purchase Contract or the Continuing Disclosure Agreement. I am an admitted to practice law only in the State of Florida and express no opinion as to the laws of any other state and further express no opinion as to (i) the status of interest on the Bonds under either Federal laws or the laws of the State of Florida, or (ii) economic or financial matters described in the Official Statement relating to the Borrower. Very truly yours, Exhibit C -2 EXHIBIT D DEBT SERVICE SCHEDULE Principal Interest Date Amounts Rate Interest Total [TO COME] Exhibit D -1 TO: EXHIBIT E TO LOAN AGREEMENT FORM OF REQUISITION CERTIFICATE AS TRUSTEE FROM: CITY OF , FLORIDA (THE "BORROWER") SUBJECT: LOAN AGREEMENT DATED AS OF THE DAY OF , 2006 This represents Requisition Certificate No. _ in the total amount of $ for payment of those Costs of the Project detailed in the schedule attached. The undersigned does certify that: 1. All of the expenditures for which monies are requested hereby represent proper Costs of the Project, have not been included in a previous Requisition Certificate and have been properly recorded on the Borrower's books as currently due and owing. 2. The monies requested thereby are not greater than those necessary to meet obligations due and payable or to reimburse the Borrower for funds actually advanced for Costs of the Project. The monies requested do not include retention or other monies not yet due or earned under construction contracts. 3. This requisition is in compliance with Section 5.03 of the Indenture. 4. After payment of monies hereby requested, to the knowledge of the undersigned, there will remain available to the Borrower sufficient funds to complete the Project substantially in accordance with the plans. 5. The Borrower is not in default under the Loan Agreement and nothing has occurred that would prevent the performance of its obligations under the Loan Agreement. Executed this day of CITY OF , FLORIDA By: _ Name: Title: Exhibit E -1 RE: FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 2006A - LOAN TO THE CITY OF SOUTH MIAMI, FLORIDA Please provide the following information: 1. The Federal ID number for the City of South Miami. 2. How many IRS 8038's have been prepared on behalf of the City of South Miami this year? 3. Will your Mayor or Finance Director sign the IRS form 8038? 4. Verify the full names as used for execution of documents of your Mayor, Finance Director and City Clerk. 5. Has your City Attorney reviewed the form of the opinion attached as Exhibit "C" to the Loan Agreement which he will render at closing? MIAMI DAILY BUSINESS REVIEW Published Dadyescapt Saturday. Sunday and legal Holidays Miami, Miami -Dade County, Fbdda STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she Is the SUPERVISOR, Legal Notices of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, .a being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -NOVEMBER 7, 2006 In the XXXX Court, , was published in said newspaper in the Issues of 10/27/2006 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, - Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a padod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing 1 if adverfis a for publication in the said newspape' Swom to and subscribed before me this 27 day of OCTOBE�ERR, /a /r , A.D. 2006 TO (SEAL O.V. FERBEYRE personally known to me Chats H Memrer a j. My Commission DD336659 Ra w� E,,xres July 15, 2DOS m Cp -00 gogmwp o�OS�<� ON py Zm ° T Dv m a 3 � O acyp�m�amydO�f w�_Oma00 °cm � VX -O nT mf2m y % MM r.n+ <9� �O p m { w Z y m0• ❑ ° ^'v 'wmm�m 00 �. ^m =o m mX y 0 as ' - do.M, 0<m i0 � D m omym wva�w >>w��mmw Z2 Dw o92c wm3 rn0 DS ; n� m m o am ww. w. ..o n$y m m a�m on a s y a p� D m »�m�_.�' � 09m GD D 3..0 c 1. ? "-' m m° 9 c ' o° o. a n mmB'm Smma 3a mawNwmc,gQm o u� Zp; m m �w <, c=9 �f000. am !^ r 3osr n m m_ -p. am a i� m 9 m N w w G a m mYd R saa m 65,1-s— 0m a m 9m m O< N O m n O O N Zd� w. O O p Q m yZ O <C C 3o_S.v3m °o = N .•o �cximmam ?.�N o w Q SR m H no3so m<wwwo'm mwal - sZ m, co n 03 $o ��oy�oma3 dH °moMcNm m' ow0wm2� 3. m as .oga. p »3cwma 3WN < r handy guide to this week's `Best Bets' in TV and cable listings Oe gossip your gra,petruff(* hing goes better with breakfast than The Miami Herald, deliyered. 1 -800- 441.,0 OPEN nber 24 ... excited to sleep anyway. Z AM FRIDAY N E W E S T LeV1'S a DOCKERS' U T L E T-, Bass OUTLET BY MOST )amsonit6 Company Stores • Nike Factory Store :tort' Brand Shoes • Welcome Home Perfumania ...over 45 brand -name stores! The stores listed are merely representative and not necessarily those participating in this sale. PRIME OUTLETS — FLORIDA CITY Intersection of Fl Turnpike & US1 • 8887545 -1198 '.... ..o...�...�:.:�...�...�...�...' OUR ANN UAL HOLIDAY BAZAAR IS HERE1111 INCREDIBLE VENDORSTHISYEAR: i ' Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, Housewares, Clothing,' Crafts &More ! ' ' Bet Shira.Congregation ; 7500 SW 120th Street • 305 - 238 -2601 147 0 0 m w z o j € o IJ W Y COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA o On Tuesday, November 28, 2006, beginning at 7:30 p.m., in the City _ Commission Chambers, 6130 Sunset Drive; the City Commission will ; E hold Public Hearings to consider the following items: - ORDINANCE AUTHORIZING THE NEGOTIATION OF A. LOAN IN AN NOT TO EXCEED $6,000,000 FROM THE FLORIDA AGGREGATE AMOUNT MUNICIPAL LOAN COUNCIL;, APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL . PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING J I LF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16-14 BASIC BENEFIT AD COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. { AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC. SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF ` THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. 1 AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2- 26.8 - OF THE CODE, F ORDINANCES, ENTITILDD "BUDGET AND FINANCE COMMITTEE'," - AMENDING MEMBERSHIP' TERM PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. § AN ORDINANCE PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI` LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6.m ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A sTECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE I FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING. I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS' "1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET IN SECTION 20 -42(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND .FORTH SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT 1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE, Above items can be inspected. in the City Clerk's Office, Monday - Friday during regular I office hours. If you have any Inquiries on the above items please contact the City Clerk's office at: 3057 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meetmo of heannq, he or she will need a record of the proceedings, and that for such purpose, ; ,,: South Miami AP- MedeaCR CITY OF SOUTH MIAMI 1 1 Imo' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director -1h D /.7 ate: October 17, 2006 ITEM No._ Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63ra TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE - (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6151 SW 63`d Terrace. It is one in a series of proposed historic designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. The designation of the building is based upon its unique architectural style (vernacular wood siding) in the CRA district and in the City of South Miami. The Designation Report describes the significance of the property on p. 6. The Historic Preservation Board at its July 31, 2006 meeting conducted a public hearing, and adopted a motion by a vote of 3 ayes 1 nay (Ms. Dison) recommending that the historic designation be approved. The Planning Board at its 'September 14, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63`d Terrace be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -14 -06 Designation Report Excerpt Historic Preservation Board Minutes 7 -31 -06 Excerpt Planning Board Minutes 9 -14 -06 Mail notice to owner Public notices SAY PAComm Items\2006 \10 -3 -06 \6151 SW 63 Terr HP -OV CM report.doc 0 U � ,�� � South Miami NI- AmedcaCky ° t'•!f OFPOR f IN. ° �,..•T x.927, + 2001 Planning Department i City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 a (0) 305 -663 -6326 (F) 305 -668 -7356 CERTIFIED MAIL November 16, 2006 Ms. Deborah Powell 13921 SW 158'x' Street Miami, FL. 33177 ;i x RE: Planning Board Item No. PB -06 -022 Historic Designation 6151 SW 63 Terrace Dear Ms. Powell: This communication is to inform you that the above item concerning the historic designation of your property located at 6151 SW 63 Terrace has been re- scheduled for second reading and public hearing at the Tuesday, November 28, 2006 City Commission 'meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3), states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely yours, ord A. Youki is, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006\1 1-28-06\Applicant's Notice PB -06 -022 6151 SW 63rdTer.doc South Miami F \ AlUmedca Ctly .� �-1 1 ► 02, JT " t� 5� 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 CERTIFIED MAIL October 27, 2006 Ms. Deborah Powell 13921 SW 158" Street Miami, FL. 33177 RE: Planning Board Item No. PB -06 -022 Historic Designation- 6151 SW 63 Terrace Dear Ms. Powell: This communication is to inform you that the above item concerning the historic designation of your property located at 6151 SW 63 Terrace has been scheduled for second reading and public hearing at the Tuesday, November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a. written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely, yours, ford A. Youki is, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006 \11- 7- 06\Applicant's Notice PB -06 -022 6151 SW 63rd Ter.doc 1 P . G RAT( V ° r f t'D' Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 6, 2006 Ms. Deborah Powell 13921 SW 158th Street Miami, FL. 33177 South Miami k-rj " CiIY 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -022 Historic Designation- 6151 SW 63 Terrace Dear Ms. Powell: This communication is to inform you that the above item concerning the historic designation of your property located at 6151 SW 63 Terrace has been scheduled for second reading and public hearing at the Tuesday, October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely yours, c anford A. Yo ilis, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006\ 10- 1 7-06\ApplicanVs Notice PB -06 -022 6151 SW 63rd Ter.doc 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic - sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Plannin by any member of the Historic' Preservation Board, the Environmental Review and Preservation Board, the City Commission, the" City administration or the property owner(s) of the subject property -for designation. (2) ' The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the. members of the board. The Historic - Preservation Board may then meet as a body -and- develop recommendati ons to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) - If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an'HP-OV' Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off -street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public Hearing Requirement. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tag rolls as notification of the intent of the City Commission to consider designation of the property. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall' submit to the City Clerk's Office a notarized statement certifying the objection to the designation. 1, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;' AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -06 -022 was submitted to the Planning Department by the Historic Preservation Board , said application requesting to amend the official zoning map of the City of South Miami by overlaying an "HP-OW Historic Preservation Overlay zoning district for property identified as 6151 SW 63rd Terrace; and WHEREAS, the Historic Preservation Board at its July 31, 2006 meeting reviewed the Designation Report for 6151 SW 63rd Terrace and recommended that the proposed site be designated historic; and WHEREAS, the proposed historic designation and rezoning is consistent with the goals and policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, on September 14, 2006, after public hearing regarding the application of the HP -OV zoning to 6151 SW 63rd Terrace, the Planning Board recommended approval by a vote of 7 aye and 0 nays; and WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's Official Zoning Map shall be amended by placing the Historic Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property identified as 6151 SW 63rd Terrace. Section 2 . That the Designation Report for the building at 6151 SW 63rd Terrace as prepared by the South Miami Planning Department is identified as Attachment "A" and is attached to and made part of this ordinance. Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 6151 SW 63rd Terrace and the provisions contained in the Land Development Code pertaining to review of building permits, certificates of appropriateness, and demolition are applicable to the property at 6151 SW 63rd Terrace. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 IN Section 4. 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 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1 a Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachments Attachment "A" ( Designation Report for 6151 SW 63rd Terrace) day of , 2006 P: \Comm Items\2006 \10 -3 -06 \6151 SW 63 Terr B?-0V Ord..doc APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: South Miami All- America City 1 lor 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director Date: September 14, 2006 RE: LDC Map Amendment —HP -OV (Historic Designation) 6151 SW 63 Terr PB -06 -022 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIANH LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its July 31, 2006 meeting .reviewed an historic designation report for the a single family residence located at 6151 SW 63rd Terrace. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HP -OV Rezoning September 14 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 6151 SW 63rd TERRACE The home built in 1946 and located at 6151 SW 63rd Terrace is one in a series of proposed designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. As stated in the Designation Report (pp.5,7) the significance of the building is as follows: The home is a simple one story, vernacular typical of post -World War II suburban development. The home is of frame construction, finished with horizontal wood siding. Its wood frame vernacular type is a rare survivor in the South Florida environment. The home is representative of a modest type that reflects a traditional building style, and is a fitting addition to the Pines Subdivision. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its July 31, 2006 meeting by a vote of 3 ayes 1 nay. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5 -7). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. LDC HP -OV Rezoning September 14 2006 (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlying RS -4 zoning district. (5) It is important to note the building is located on a non - conforming lot which would not permit a new home to be constructed if the existing house is demolished or damaged by more than 50 %. The City's Land Development Code would allow the replacement of the home if the architectural design and style is replicated. (Sec. 20- 4.11). Other special provisions would permit needed variances to be heard by the Historic Board without a fee and without the requirement to prove hardship. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OW district over the existing zoning district for the building at 6151 SW 63rd Terrace be approved. Attachments: Designation Report Historic Preservation Bd Minutes Public notices DOD/ 9A � QV P:\PB\PB Ageftdas Staff Reports\2006 Agendas Staff Reports \9- 14- 06\PB -06 -021 6151 SW 63 Terr HP -OV Report.doc THE RESIDENCE AT 6151 SW 63rd Terrace SOUTH MIAMI, FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department City of South Miami HP -06 -005 j Designation of Property as an Historic Site 6151 SW 63rd Terrace 5960 5961 6960 r 5961 6241 6231 6221 6211 �A 5933 5936 5933 5932 5933 5975 5959 5943 5931 5921 5911 + M SW 60TH S 5952 5949 5946 ,p 6000 t o TlW- 0 5 sz3o 6004 6013 SW 60TH TER sool N 5 6030 I N ~ ° 6061 6029 ' �3.°o Orn ,c° 5975 ° 51 Dl SW 61ST ST 612 '� f� so3j SW 6 ST 608 + ' �. o e, N ~'`•• 5974 1, �' 5958 a ° o D - 11 ` �.- ti r.' s 4t It I o m o ° SW 61 ST ST 6�,, � \ % N �, 44t} 1. �, 1•}',5,1 ✓%� 1r " �'�'�. 6211 ,0 6116. °0 ° ON p 5.1 ? �`* ,rnn .°'r. n ue ,e°i eoa D _ 5 } ^� 6130 \ t �� , Fib r, 1 i � 6�` 1 �i 6�5 SW 62N —an won w 6000 '• ".:�_'sr 61 D I I m Z 6209 _ 9 6200 6208 ,- 6201 �� N 6231 107 •' (D .:,,... 6200 62N { " m 6239 E 6239 TER ,ti R S 62ND TER e'•,y�. �• -3`". em .- �O 6116 m o 6210 ."'i 0260 S B ECT 61D0 'O g 6263 t m Ts; 0 6253 P O P R 1 I 6273 6238 '' k. m ^ 6260 (ry 6170 Z Q $ 6289 6288 ,a a �e:n,...... o Z 6255 A Q1A1 Rq . T I .n N mo O DSO W —Mrr 61 D o fi m 6316 6317 SW 63RD Sl MRS 6332 n N m to 63M 6 6357 b to m f0 10 m f0 N tD SW 6 D TE 636 6364 1 � O 1 l• e 'u ! m io o m o N 5991 _:. 6290 ;0 n b290 U) °S 0 6321 m m 5978 y 3 5944 6321 ; *;. 6300 m m D SW 63RD T� s 5411 6412 °u m 6360 c m r 6429 m 6210 \� 6443 J I, 6443 6442 L� 6443 t. 6445 s��v 6124 6100 5401 6400 6401 6400 6450 6401. g 0 6411 1 6410 6411 6410 6411 L6457 0 6420 648' 6105 6420 6421 6420 6421 6420 6421 6431 6430 6501 0 6431 6430 6500 6431 $470 65D9 65DD 6516 fn 6519 `D 6501 6500 6516 65D1 Tj 35 6511 6510 6533 s�0 6511 6510 H V 6511 W *E 4 O CO 1 5967 6540 l IlyS 6`iri SW 66TH S m m 6521 6520 6521 6520. tND 6521 6531 6530 6531 6530 6531 SW 66TH ST 6601 6601 6600 66D1 6600 6600 6611 6611 � 6610 6611 6610 6621 6621 6620 6621 6620 6631 6631 I S54D 6631 6630 6701 N mo O DSO W —Mrr 61 D o fi m 6316 6317 SW 63RD Sl MRS 6332 n N m to 63M 6 6357 b to m f0 10 m f0 N tD SW 6 D TE 636 6364 1 � O 1 l• e 'u ! m io o m g 5991 6373 ua n SW 64TH S _ m m 5978 y 3 5944 6401 5411 6412 °u m c 6429 6429 6428 6443 J I, 6443 6442 6443 6442 6445 s��v 6124 6100 6450 6456 646' L6457 0 6420 648' 6105 65DO 6501 0 6505 6500 650 6516 fn 6519 `D 6516 Tj 35 U CO 6533 s�0 6551 6532 657' W *E 4 S CO 1 5967 6540 l IlyS 6`iri SW 66TH S m m CA 6601 � "Is 0 I� 6121ti.. m 6600 6601 � ^ N $ ,n 5963 6647 m SW 66TH TER / — - 6669 5961 0 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information ................... ..............................4 Statement of Significance ........... ..............................5 History..................................... ............................... 5 Contextual History ...................... ........................... ....6 Architectural Distinction .............. ..............................7 Eligibility Criteria ......................... ..............................7 Design Review Guidelines .......... ............................... 8 Bibliography............................. ............................... 9 Photographs.............................. .............................10 City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdm Terrace Page 3 I. GENERAL INFORMATION Historic Names: 210 South 2nd Road (7420 SW 59th Court) Current Name: 6151 SW 631d Terrace Location: West Half of the South West Quarter of the South West Quarter of the North East Quarter of Section 25, Township 54 South, Range 40 East. Present Owner: Christopher Bowman 6151 S.W. 63rd Terrace South Miami, Florida 33143 -2213 Present Use: Single Family Residence Zoning District: Residential- - Single - Family Tax Folio Number 09 -4025- 009 -0120 Boundary Description Lots 5 and 6, Block 2, Pines Subdivision, as recorded in Plat Book 13, Page 4 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE RESIDENCE AT 6751 SW 63rd +h Terrace Page 4 SIGNIFICANCE Specific Dates: 1946 House Built at Unknown Location 1952 House Moved to 210 South 2nd Road (7420 SW 59th Court), South Miami by John Myers 1965 House moved by Bowman Family to present location Architect: Unknown Builder/ Contractor: Unknown Statement of Significance Although this residence has been moved twice in its history, its wood frame vernacular type is a rare survivor in the South Florida environment. While the written record does not provide for a definitive identification of its original location, more than likely, the house was built close to its present location. The home is representative of a modest type that reflects a traditional building style, and is a fitting addition to the Pines Subdivision. History Historically, the Pines Subdivision, where this residence is now located, was home to African - Americans who were prohibited from living in areas strictly reserved for whites. The Pines Subdivision Plat was filed in January 1925 by South Miami pioneers John and Mary Opsahl in 1925, and consisted of lots with a twenty -five foot frontage, half of that normally expected in white sub - divisions. The lot where the home is now located has been owned for over 40 years by the Bowman family, South Miami pioneers. Another structure once stood at this location and was rented by Ms. Eva M. Ellis, according to the 1953 -54 Greater Miami Suburban Directory. This first house was demolished in April 1965 possibly due to damage from Hurricane Cleo. The present structure moved from 7420 S.W. 59th Court to make room for the construction of an apartment building. In relocating the house to this site, its orientation was shifted ninety degrees. As one of the few remaining wood frame houses built in South Miami during the 1940's, the residence at 6151 SW 631d Terrace in the Pines Subdivision is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent in the post -World War 11 period across the region. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdm Terrace Page 5 Contextual Histo During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917, the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s, all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in, 1929. In 1933, the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. The perception of South Miami as a principally agricultural area would change dramatically when America began to gear up for its entry into World War II. South Florida became an enormous training camp for the soldiers who would be called to battle. By the time the war ended in 1945, the nation once again experienced economic prosperity, and South Florida was besieged by hundreds of returning servicemen who made this their permanent home. The evidence in the growth of the City of South Miami is reflected in its building permits. In 1936, the city reported the value of new construction at $53,700. In 1948, the total reached $1,764,964 and during the first six months of 1949 the total was $672,885. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd1h Terrace Page 6 III. ARCHITECTURAL DISTINCTION The home is a simple one story, vernacular typical of post -World War 11 suburban development. The home is of frame construction, finished with horizontal wood siding. Currently the house lacks a permanent foundation. The building is massed in two sections, both hipped roofs, one over a lower porch element, and the other over the main house. The plan is rectangular. The roof, covered with asphalt shingles, extends over the walls to form broad eaves. Alterations This structure was built in 1946 at an undetermined location. In February 1952 Mr. John Myers had the house moved to two lots at what was then 210 South 2nd Road, currently 7420 S.W. 59th Court. At that location, what is now the west side faced east and was the front of the house. The front door opened into a 6' -4" diameter half round landing with steps. A garage stood at the northwest corner of the house, in line with what is now the front entry Florida Room. The garage was not relocated. In 1965, the Bowman family acquired this house and had it moved to this location where it replaced an earlier house that had been demolished. At this location the house was rotated 90 degrees and set on a new foundation. The side Florida Room became the front entry and the elaborate front entry became a side door. Minimal repairs were made at the time to accommodate the move and repair damage. Eligibility for Designation The proposed designation of the residence at 6151 SW 63rd Terrace, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6151 SW 631d Terrace is recommended for local historic designation. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd'h Terrace Page 7 Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure. which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6151 SW 63rd Terrace the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended. Specific: • One story height • Hipped roofs over the porch, and main house covered in asphalt shingles • Entry door ( now on west side) featuring a door surround comprised of pilasters on either side. • Glass light transom over entry door. • Elaborate, sculptural wooden brackets supporting the shed roof overhang above the entrance. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdm Terrace Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami Suburban Directory, R.L. Polk and Company, Publishers 1945 -1946, 1947, 1955, 1959, 1963, 1966, 1970 and 1975 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdm Terrace Page 9 �+�,.�..� `. �T't >` rr.,�� - - - a - .,,,.,.F -� ate' �i x ., -�,. � ,�qy Jf ..t� �. 'S, .r,� �%� -(-F ��� dvY? .c,', 'f � °S' i" �" : ti � y w,�, ° u5 y N e a GuS. I . �� 1. Get- f, �.: � s� � .�.?l,. � ' ter° ; r 4 � v(1 a i1..� � � .� i 't � � .yY � 'k` Z, ;+��C�I- � /:: � �� �> ';�t r ��� � 1., �y t li y.� lJ / _`mil' �� Y � / ` f � � � 1. y,., � p- .?r: -'P'. d0rrr'�i� / ,+i . '" �. �, " liY r' K�(� J '1 . Figure 2 West ( Original Front now Side) Elevation City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdlh Terrace . Page 11 W 1 t r fu r Tw v -4Z { x i �«� U 1927 R; CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, July 31, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. H. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison and Mr. Kurtzman. Board members absent: Mr. Ruiz de Castilla and Mr. Cooke - Yarborough City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearings on Historic Designations HPB -06 -005: 6151 SW 63 Terrace Action: Ms. Uguccioni presented the designation report for 6151 SW 63 Terrace. She explained that this residence had been moved twice in its history, its wood frame vernacular type is a rare survivor in the South Florida environment. This home is representative of a modest type that reflects a traditional building style, and is fitting addition to the Pines Subdivision. The lot where the home is now located has been owned for over 40 years by the Bowman family which are South Miami pioneers. As one of the few remaining wood frames houses built in South Miami during the 1940's the residence at 6151 SW 63 Terrace in the Pines Subdivision is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent in the post -World War R period across the region. Ms. Uguccioni described the architectural distinction of the home. She indicated that the home is a simple one story, vernacular typical of post -World War R suburban development, the home is frame construction, finished with horizontal wood siding. Currently, the house lacks a permanent foundation. The building is massed in two sections, both hipped roof one over a lower porch element, and the other over the main house. The plan is rectangular. The roof, covered with HPB Minutes July 31, 2006 Excerpt Page 2 of 2 asphalt shingles, extends over the walls to form broad eaves. In 1965, the Bowman family acquired this house and had it moved to its present location where it replaced an earlier house that had been demolished. At this location the house was rotated 90 degrees and set on a new foundation. The side Florida room became the front entry and the elaborate front entry became a side door. Minimal repairs were made at the time to accommodate the move and repair damage. Ms. Uguccioni noted that the proposed designation of the residence located at 6151 SW 63 Terrace meets the following criterion contained in the South Miami Land Development Code, Section, 20 -4.9 "Historic Preservation standards ": (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristic of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction. In conclusion, Ms. Uguccioni stated that the residence located at 6151 SW 63 Terrace is recommended for local historic designation. At this point of the meeting the daughter of Christopher Bowman, Ms. Deborah Bowman Powell spoke on behalf of her recently deceased father who was the owner of the house. Since, she now is overseeing the house she still is analyzing the advantages and disadvantages of historic designation. Motion: Mr. Kurtzman motioned to proceed with the designation. Ms. Chael seconded the motion. Vote: Approved 3 Opposed 1 (Ms. Dison) DOD /SAY /pl PAComm Items\2006 \10- 3- 06\Excerpt HPB Mins 7-31-06615163 Terr.doc soul' O� 'try U " • INCORPORATED 1927 Q' �ORt� CITY OF SOUTH MIAMI PLANNING BOARD REGULAR MEETING SUMMARY MINUTES Thursday, September 14, 2006 City Commission Chambers 7:30 PM EXCERPT I. Call to order Action: Mr. Morton, Chair called the meeting to order at 7:33 p.m. II. Roll call Roll call was performed. Board members present constituting a quorum: Mr. Morton,' Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: none City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Planning Board Applications / Public Bearings PB -06 -022 Applicant: City of South Miami Location: 6151 SW 63 Terrace AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63`a TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Staff explained that the Historic Preservation Board at its July 31, 2006 meeting reviewed the historic designation report for the single family residence located at 6151 SW 63 Terrace. Following a public hearing, the Board adopted a motion recommending that this residence be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. In PB Minutes September 14, 2006 Page 2 of 3 this case, the "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. Staff stated that the designation report for this property which is being presented to the Board tonight was prepared by the historical resource consultants Ms. Ellen Uguccioni and Antolin Carbonell. The designation report described the architectural distinction' as well as the historic significance of the house.' Staff indicated that the house is a remarkable survivor that shows the type of materials and construction methods that were used in the 1940s. At this point, Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencinsz no demolition or reconfiguration of specified resources .........11 (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlying RS -4 zoning district. (5) It is important to note the building is located on a non- conforming lot which would not permit a new home to be constructed if the existing house is demolished or damaged by more than 50 %. The City's Land Development Code would allow the replacement of the home if the architectural design and style is replicated. (Sec. 20- 4.11). Other special provisions would permit needed variances to be heard by "the Historic Board without a fee and without the requirement to prove hardship. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63 Terrace be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. PB Minutes September 14, 2006 Page 3 of 3 Chair Morton closed the public hearing. Mr. Morton asked if the owner of the residence was present at this meeting. Mr. O'Donniley replied that the owner (Ms. Powell, daughter of Mr. Bowman) was not present however; she was in support of the designation. Motion: Ms. Yates moved to recommend approval of the designation report. Mr. Comendeiro seconded the motion. Vote: Approved 7 Opposed 0 DOD /SAY /pel KAHPB Historic Bd\PB Minutes12006 Minutes\PB Mins 9- 14- 06.doe SINL ­"FRG FRO IRS. LOC AND ind Zoning Departments office pu,wiamoi 6 Florida St. :286A public that ff a person decides: to, Its meetiniforhearkV. hearshawill need a record oftfie.priticeedlings.,,ii and that for such Purpo6h, iffbetid Oerson.mw nixi'b 6n6urilt,111sell alf verbatim .rvordof the ilmocisedrigis Is made wfikb record Irickd6s OW.% testimony and evidence upon which the appeal Is to be lam . . . . . ............ ............... .......... MIAMI DAILTBUSINESS REVIEW ,CITYOFSOUTH.IIIIItIMt �NOTICZOFPUBL16-HEkRlkdq;L-'.- published Dally except Saftirday, Sunday and Legal Holidays 2" NOTICE i;iiiiii�6 % , . . . , NO-6C Commlisslcenbf 'CRybfso . um Miami, Miami-Dade County. Florida Wiml, Fimids-,VA-.Conddd-;Public-i'Hadngs,,at--r&Jftwar., COY;' STATE OF FLORIDA -Odobsr-.17i:,.-2006 COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared DIAP MOF- SOOKIE WILLIAMS, who on oath says that he or she Is the E OF.SOUTH MIM"n" GTO k EaTTOANIENUTHEom Hime MAP OF THE VICE PRESIDENT, Legal Notices of the Miami Daily Business OF SOUTH - MIAMI' LAND DEVELOPMEMTjCODE-BY.-­,.� Review 111da Miami Review, a daily (except Saturday, Sunday DESiONATIM61A'SINM.E FAMILY RESIDENTIAL' BUILDINGW, _ ., and Legal Holidays) newspaper, published at Miami In Miami-Dade LOCATED AT 6151 - III* 6W 7TERRACE i AS AN) HISTORIC County, Floridw, that the attached copy of advertisement, ' .'.SM:AND:BY-PLACEMENTOF:AN�mt$TOFUC--Pi6EFtYA,'� being a Legal Advertisement of Notice In the matter of 'TIOM:zOVERLAY'IZDNE,i "4M,'DifER)JHE -..E)asma=:1,��l. -'ZONING USE DISTRICT FORTHIS'PROPE11tTY, PROVIDING FOR SEVERABILITY;* PROVIDING FOR) ORDINANCES; IN-,e'�,!` . CITY OF SOUTH MIAMI CONFLICT;A NO PROVIDIN 0 AN EFFECTIVE DATFufojim mv r: PUBLIC HEARING - OCTOBER 17, 2006 AN ORDINANCE OF THE'MAYOR'AND CRY`COMIiIISSION in the XXXX Court, -OFTHE-CITYOF*SOUTHMUWI,FLOPJDA,RELA71NGTOA-��� REQUEST TO AMEND THE OFFICIAL ZONING MAP 00 THE-,-",F;' was published in said newspaper In the Issues of CtT.Y,CF -SOUTH-MIAMI LAND DEVELOPMENT. COD1i BY DESIGNATING A SINGLE FAMILY RESIDENTIAL-.BUILDING z� ::';� 1010M006 !.LOCATMATOMBW ,,e, $3fdCDiAT-ASAN.FUS70RICKM�.;. --AND BY PLAcEmEnT.-oF..AN..Mmmc;PREsmATioN' :t,. OVERLAY --ZONE. O*4M: OVERITHIEs MOSTINOCZ01111MG."'l." Affiant further says that the said Miami Daily Business USE: DISTRICT! FOR-JHIS. PROPERTY;j PROVIDING , FOR, Review Is a newspaper published at Miami in said Miami -Dade FOR �;.iiORDIKAMC&,," IN County, Florida and that the said newspaper has .,.CONFIJCT, AND PROVIDINGikiFT heretofore been continuously published In said Mlami-D ads County, A RESOLUTION OF , THE-MAYORAND. M1 16i Florida, each day (except Saturday, Sunday and Legal Holidays) OF THE CITY OF SOUTH MIAMI, ITO and has been entered as second class mail matter at the post THE ISSUANCE OF A CERTIFICATE OF MPROPRIATE- office in Mlarnl In said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the -NESS PURSUANT. To BECTIPM.21655il DEVELOPMENT. -CODEFOff.THE: attached ropy of advertisement; and affiant further says that he or SIGNS: POR-MAMARA -RESTALURRANT-, ON, she has neither paid nor promised any person, firm or corporation .'HISTORIC BUILDING LOCATED AT=T;9UNSETMRlVE1'` any dil count, rebate, commission or refupd for the purpose (SHELLEYBUILDING); PROVIDING AN EFFECTIVE DATE, of s ng this advertisement for pub5cati6n In the said A RESOLIMON OF i4l4iiWAND: CnY.=MSMOi, ­' OF THE CITY OF SOUTH MIAMI, RELATING iiA REQUEST:,;'; � • TO SECTION 21114111,601FTHE LAND DEALOW"i .PURSUANT MENT., CODE _- �FOR.A SPECIAL; USE.?Aj0PROVAL­jCi.7 �j IN CREASE THE HEIGHTOFAN LARANTENNA INSIDE THE CROSS ON PROPERTY LOCAT. Sworn to and subscribed before me this ED 'AT.11330, 6W.40th,•FrREET wirmwiRk ,Pll. PUBLIC IN1117MITIONAL.-ZONING USE DISM, CT­PROVIDIN1GFOR`..iA. 06 day of OCTOBER A.D. 2006 AN EFFECTIVE DATE; i RESOLUTION 6F THE :MAYOR &CITY C6MIkgil'Si'6F:.'%'� THE CITY. OF SOUTH:UIAM, FLORIDA;' RELATING 10 A. -REQUEST FOR TWO VARIANCES FROM SECTION 20-3.5(G):,-;;,' • (SEAL) Cheryl HMomw DD338559 OF�* THE LAND DEVELOPMENT CdDE TQAULOWTHF-LOT- .. - A -BUILDING SlTEjTO BEJ003 SQUARE, FEET.--.. WHERE A MINIMUM LXIT;SIMOF,,,75W.SOUAR9 FEET IS L 'UDINTUssiDn BOOKIE WILLIAMS personall k 0 0 Not REQUIRED AND 50,11FEEr OF FRONTAGE. WHERE-rs FEET, W Expires July 18. 211011 15 REQUIRED; A VARIANCE FROM THE PARIONG; SPACE DIMENSIONAL-,,,�tEOt)IREMENT;,.GRAPHIC,-OF:iiSECTION A RESOLUTION dt TFW. 204A OF THE LAND DEVELOPMENT CODE.TO PERMIT 2' FEET 6 INCHES OF. 13 AUTTI G-LANDscAPE- 4 ON, THE" OF THE CITY OF,SOUTH NaAK nowbA. RELATING TO A NORTH PEQUEST.10 ALLOWPMTHE,CPEATION,OFL,OTS.,,I.!'.?;..k REQUIRED; ALL & PROPERTYLOdATEDAf.7iii ii 62 "Z'DN PROPERTY OPECWWALLY LOCATED ATOML 1' -,AVENUE, SOUTH MIAIMiFLOPJDA, WrrHlM:THIS*"AO." j .:RESI-,�. . SW 65TH AVENUS, SOUTH MIAMI, FLORIDA. i DENTIAL OFFICE ZONIHGMSE.DISTR!Crf�. THE PURPOSE RS-3 "LOW DENNN-RESIDENTtALZDMNG PERMITTIE134YPROVISIONg-PERTAINING; OF, THE VARIANCES IS TO PERMIT THE CONSTRUCTION : OF A.TWO. STORY, OFFICE.:BUILDING ;iJiD PROVIDING, PLAT AS SET FORTH IN 3ECTWN204 M-11) ES FORAM EFFECTIVE DA TL MIAMI LANDOEVELOPMENTCODE-AMM N2 tel TW;MUU1111 DADE,COUM1WY.CODE.- THE EE6 4TH WAIVEROF PLATISTOALLOWFWtTHECOIISTRUCTiONr x: OF -A -SINGLE, FAMILY IfOM,.,,ON LOTi�!!1"6 AND ,,THE CONSTRUCTION OF A �,�,�IZ..- A YJib �( ML W PROVIDING FORALWALDESCRIPI160,A1110 I .1 FORAM ' SINL ­"FRG FRO IRS. LOC AND ind Zoning Departments office pu,wiamoi 6 Florida St. :286A public that ff a person decides: to, Its meetiniforhearkV. hearshawill need a record oftfie.priticeedlings.,,ii and that for such Purpo6h, iffbetid Oerson.mw nixi'b 6n6urilt,111sell alf verbatim .rvordof the ilmocisedrigis Is made wfikb record Irickd6s OW.% testimony and evidence upon which the appeal Is to be lam - p f O 'CALENDAR, FROM Z9 access bakehouseartcomplex orgi t ti •Get To Know Us exhibition featur mga diverse array of artwork m a •�[eshArrrvah exhibitionojworks `,Varietyoftnedia thro'ughi5ct 15; free ' sby Linda Behar Ramiro Pareja Herr f = • Homage to Cluhu /y,'exhibition fea ' x rata JennlferScott McLaughlin Andy luring discarded giass.oblects lamps '— Moses Irene presther Melquiades �, and bottles bought atgarPge sales ; Rosario Sastre Tremain Smith Linda - and thrift stoles that have been trans 9 04 y, and Mareo Tulio through Oct formed into Chihuly eeque pieces bf SO " r ; glass Colo& and light bq local artist BakahouseArkComp7ex S6INW { 'x illeidaForestied; openingreception7 E ' 32nd St Miarni 305 -576 2828 or r p m Oct �4 through C1ct 21 4 : F y� i t�3t.1�t� ins E .'. a c s COUR'�ESX NOTICE i e CITY OF SOUTH M AMI FLORIDA f On7iisday Oatiitierl P006i eg7nn(np a17 30 p m , the City Commission Chambers, 6130 'Sunset Qriire, Die *R �.bmmPlan will hold Public Nearpige to consider the follow ` A { AN ORDINANCE RELATING TO A REQUEST T071MEND THE OFFICIAL' ZONING MAP OFa7T1E CITY OF;*OUTR- MIAMI "LAND DEVEI OPMENi CODE BY, DESIGNATING A SINGLE FAMILY ,RESIDENTIAL. BUILDING .LOCATED -AT 6151 . _SW SW TERRACE IN' HISTORIC SITE AND BY PLACEMENT OF AN . HISTORIC PRESERVATION .OVERIAY'ZONE (HP -DV) OVER THE DUSTING ZONING USE DISTRICT FOR THIS PROPERTY AN ORDINANCE RELATING TO AAEQUEST TO AMEND 1HE.OFFICIAL ZONING - MAP OF ;THE CITY `OF40UTN MIAMI UND A)EVELOPMENT CODE BY DESIGNATING'A SINGLE = FAMILY IijmIDENTIALBUR.DING'LOCATED AT 6926 :• :: 'SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC ' PRESERVATION OVERLAY ZONE UIP OV) OVER THE DUSTING ZONING USE DISTRICT PORTING PROPERTx T a A RESOLUTION DELATIN6 TO THE:. ISSUANCE.OF A CERiTFICATE OF OPROPRIATENESS - PURSUAN`r JO SECTION ,20-5.19(E)(sI OF,-THE LAND - OEVROPMENT CODE FOR.THE PLACEMENT OF.WALL SIG ILS FOR MAILM. ; _- RESTAURANT.DN A DESIGNATED HISTORM"LDING LOCATED AT 51137 - SUNSET DRIVE (SHEET EY BUILDING) A RESOLUTION OF THE MAYOR AND "CITY COMMISSION OF THE CITY DF .SOUTHMIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE •:LAND,'DEVELOPMENT'CODE POR A`SPECIAL`USE-APPROVAI TO >0 1NCREASE:THE HEIGHT'OF:AN EIUSTING SiEALTH CELLDLAR ANTENNA 7NSID E THE CROSS ON PROPERiY;,LOCATED AT 6330 SW 40tli STREET L n _ WTLIiIN THE . - _ ,PI. uc _ w; RAB INSTRUitONAL ZONING USE DISTRICT A RESOLUTION RELATING TO A REQUEST FOR -,TWO VARIANCES FROM SECTION 20 -35(6) OF.THE LAND DEVELOPMENT CODE TO ALLOW 110E LOT SIZE OF A BUDDING SiTE TO BE 7008 SQUARE FEET WHERE A MINIMUM LOT ;. SIZE. 'OF 7500 SQUARE:FEET,.IG REQUIRED AND•50 FEET.OF. FRONTAGE' .: :,` WHERE IA FEET IS TIEQOIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT SRAPHIC OF SECTION 20-44 OF:1HE LAND DEVELOPMENT CODE T0: PERMIT 2 : FEET-$: INCHES: OF; iABU1TING ;LANDSCAPE ON THE .NORTH -SIDE DF .Tiff PROPERTY WHERE 5 FEET M _TTEOUIRED- ALL ON PROPERTY LOCATED AT 7641; SW 02 AVENUE SOUTH `. MIAMI, RORIDA, WITHIN THE CRD ",AESIDENiIAL- OFFICE - ZONING USE .'•,. DISTRICT; THE PURFQ4E OF ;THE.:VARIANCES °IS -TO PERMIT THE - CONSTRUCTION OFJ1 iyYO STOIIY OFFICE BURDIN6 s. A RESDWTION-RELATIN6 TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS '11" AND Z "DN PROPERTY SPECIFICALLY LOCATED AT 6240 SW S5TH AVENUE, SOUTH MIAMI,'- FLORIDA MffMN AN RS -3 '"LOW DENSITY ^ 'RESIDENTIAL `ZONING DISTRICT" AS PERMITTED BY.'PROVISIONS e PERTAINING TOiNAIVER OF PLAT ASSET FORiT� IN SECTION 42(B) OF THE SOUTH MUM LAND 'DEVELOPMENT CODE AND SECTION. 2B-4 OF THE ^MUUW DADE COUNTY COD!~ THE PURPOSE OF THE .WAIVER OF PLAT IS TO r ALLOW FOR 'CONSTRUCTION O &A.SINGLE FAMILY HOME ON LOT 1 AND ;THE ^CONSTRUCTION 'OF; A "' SINGLE FAMILY 'HOME ON LOT 2 PROVIDING FOR ALEGAL DESCRIPTION A RESDLUiIIMI RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 30 35(E) OF THE LAND +DEVELOPMENT CODE TO.PERMRA NEW SINGLE FAMI NOME TO BE BUILT.ON A LOT WiTH LOT FRONTAGE OF 32.9 FEET `WHERE MINIMUM 75 FEET OF. FRONTAGE .IS REQUIRED ON PROPERTY WITHIN AN °RS-3" SINGLE= FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT -7630 SW 63 COURT SOUTH MIAMI FLORIDA . , `' Above "0ems cah be lrispected In the City Clerks Difice Monday Friday during regular otOce hours x� w i ff yoy:have airy inquiries on the Above flame please contact the Planning and Zoning Deppaartrtmmetd at.305 663 6326. _ ALL kiterested par0es are kivited to attend and will be heard - !',.i - S • -. ...: x is r Maria M Menendez, CMC City Clark _ Pursueiit iD Aonda Stabrtes 286 0105 the City hereby advises the public that e a person decides h, a I ppea any derision. made this Board A or Comm by gencY Mon with respect to any maser corisltlered of ps meetlnp or hearing, lie or ehawgl need a record ,of the proceedings, end that for such Wrpose, eifacled person may IIBBtl to ensurs.24a Verbatim reeurd M the proceedings Is made Which rsea, t_,ir�gydesih @ies8rooiry: ands€ upop !NhiCh)he,eDPpEIIsS�l'sh9ae1L - Y MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority, personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review Mda Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 In the XXXX Court, , was published in said newspaper In the issues of 10/27/2006 Aftiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Mlami -Dade County, Florida. for e period of one year next preceding the first publication of the attached copy of advertisement; and afffant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t hradvertis a for publication In the said newspape Sworn to and subscribed before me this 27 day of OCTOOBEERRf , A.D. 2006 r�i,l� -�/% a of (SEAL O.V. FERBEYRE personally known to me Cheryl H Manner g My Comrmaakm DD33555a 11V Expae , July 18, 2008 . p N � m ogwm mao��t�0]OD �. F5 TO 5- m� gosT op . dc a <,C<. v• m C) N C> Z-1 < m L a m w an8.TLo.-., w m oom- o' .c U. cm.. o °-.x 3O Om m= �m%amo r m <C3 '� m 00 y Z 'Rojo w »mc�amymm rn n �� moo pm� MM EO `cn < m m c m Qa� my.5 �� �� m o ?)CDn399c ZS °csy 3m Rla D70o 3p m� i o m m oofp D o w m m 9 Q .o o a;'.S3m mcw-. .. 3a Nu°°i�Qm m 03 m �^m FBZOO -'ofo'aa mo�r m o m ma1.8.6. _. svmumi S 4r..? Tor 3 O� mmnNQ2a ao nom» �m'my� mC� oc N ZO.9 m. '^,d0 o °c"m'm7 govt o�°'�W - C O g D m O Sea ? m. as o CJ m NO = 0 0 0 m w y 3 N mZ _00 3 x N m�mw°»'.gm ui'Ja 3: g. �n� -aca ammo o O1 �. na 3. o maw m m n R1 o .6 v_p3masmm 3�z m° H 3m�wm� o o m na �. q° w .. O 3 3 c w m �^ �'fl " m 3�� a o a m °w ou. m a 3� m m m ;a m m � r handy guide to this week's `Best Bets' in TV and cable Ilstings� de gossip i your orapetru hing goes better with breakfast thatt The Miami Herald, delivere& OPEN nber 24 ... excited to sleep anyway. �1VIE LET S DA CITY N E W E S T LeVj'S a DOCKERS' T L E T Bass OUTLET sr MOST >arrasonite;�oimpany Stores • Nike Factory Store ory grand ;5lioes • micome Home Perfumania ...over -45 brand-name stores. The stores listed are merely representative and not necessarily those participating in this sale. PRIME OUTLETS — FLORIDA CITY Intersection of FI Turnpike & US1 8887545 -1198 On Tuesday, November 28, 2006, beginning at 7:30 p,m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN MUNICIPAL E AMOUNT COUNCCIL EXCEED APPROVING 00 THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION THE AND DELIVERY OF A PURCHASE EXECUTION AND DE VERYNOF A CONTINUING DISCLOSURE Rf GRl EMENT, PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. r THEOCITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BOY DESIGNATING I As NGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN `HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE-CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-0\0 OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND -COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2- 26.8 OF THE CODE,OF ORDINANCES, ENTITLED "BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP' TERM; PROVIDING FOR SVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT,AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE I PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI' LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6M ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE `FROM ANY WINDOW, DOOR OROPENING INTO A DWELLING, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 'I" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE,, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING. DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET .FORTH IN SECTION 204.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT.' '1'' AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. . Above items can be inspected -in the City Clerk's Office, Monday - Friday during regular office hours. If you have any Inquiries on the above items please contact the City Clerk's office at: 305 - 663- 6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to IMeal apy decislon made by this Board, Agency or Commission with respect to any matter considered mes., �� ne�dna ho nr aha will need a record of the proceedings, and that for such purpose,, 0 on on X W z , a 0 z E {Q W f = Q If W 2 ;r E 0 i V N' ;z (E i� U) r, South Miami CITY OF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager 1 r�,(/ From: Sanford A. Youkilis, Acting Planning D rector, Date: October 17, 2006 ITEM Nu. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING KNOWN AS THE JESS WHITSIT RESIDENCE LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6925 SW 63d Court. The owner of the structure approached the Planning Department requesting that her property be designated historic. The designation of the building constructed in 1926 is based upon its unique architectural style (small scale Mediterranean Revival style cottage). The Designation Report describes the significance of the property on p. 7. The Historic Preservation Board at its July 31, 2006 meeting conducted a public hearing, and adopted a motion by a vote of 4 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its September 14, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63rd Court be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -14 -06 Designation Report Excerpt Historic Preservation Board Minutes 7 -31 -06 Excerpt Planning Board Minutes 9 -14 -06 Mail notice to owner Public notices SAY P: \Comm Items\2006 \10 -3 -06 \6925 SW 63rd Ct HP -OV CM report.doc c) L South Miami • _ AII- America City iNCn;iPOP.ATEp ° r ir,i.Y~syi 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 November 16, 2006 CERTIFIED MAIL Ms. Roxanne Scalia 6925 SW 63`a Court South Miami, FL. 33143 RE: Planning Board Item No. PB -06 -023 Historic Designation- 6925 SW 63 Court Dear Ms. Scalia: This communication is to inform you that the above item concerning the historic designation of your property located at 6925 SW 63 Court has been re- scheduled for second reading and public hearing at the Tuesday, November 28, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's s Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305 -663 -6325. Since y yours, S ord A. Yo . • s, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY 1 d m, Ste' Qk Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 27, 2006 Ms. Roxanne Scalia 6925 SW 63rd Court South Miami, FL. 33143 South Miami I- AmericaC' 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -023 Historic Designation- 6925 SW 63 Court Dear Ms. Scalia: This communication is to inform you that the above item concerning the historic designation of your property located at 6925 SW 63 Court has been scheduled for second reading and public hearing at the Tuesday, November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305 -663 -6325. S yours, d A. o ilis Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006 \11- 7- 06\Applicant's Notice PB -06 -023 6925 SW 63.doc -5:�; cif t. r-_- `'� M ., � rr W `1 �yCr7 R P 0R4'Ei1� ° J fz Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305 -663 -6326 (F) 305 -6.68 -7356 October 6, 2006 Ms. Roxanne Scalia 6925 SW 63" Court South Miami, FL. 33143 South Miami �- America Ci 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -023 Historic Designation- 6925 SW 63 Court Dear Ms. Scalia: This communication is to inform you that the above item concerning the historic designation of your property located at 6925 SW 63 Court has been scheduled for second reading and public hearing at the Tuesday, October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Since ely yours, S ord A. o 'lis, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY PAComm Items\2006\10- 17- 06\Applicant's Notice PB -06 -023 6925 SW 63.doc 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed -as historic - sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of Ahe Historic- Preservation Board, the Environmental Review and Preservation Board, the City Commission, the City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the members of the board.. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Kndings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an'T P -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public. Hearing Requirement.. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property.. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 6 CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING KNOWN 7 AS THE JESS WHITSIT RESIDENCE LOCATED AT 6925 SW 63rd COURT AS AN 8 HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION 9 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR 10 THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING., FOR 11 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12- 13 14 WHEREAS, Application No. PB -06 -023 was submitted to the Planning Department by the Historic 15 Preservation Board said application requesting to amend the official zoning map of the City of South 16 Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified 17 as 6925 SW 63rd Court; and 18 19 WHEREAS, the Historic, Preservation Board at its July 31, 2006 meeting reviewed the Designation 20 Report for 6925 SW 63rd Court and recommended that the proposed site be designated historic; and 21 22 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 23 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and 24 25 WHEREAS, on September 14, 2006, after public hearing regarding the application of the HP -OV 26 zoning to 6925 SW 63rd Court, the Planning Board recommended approval by a vote of 7 aye and 0 27 nays; and 28 29 WHEREAS, the City Commission desires to accept the recommendations of the Historic 30 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 33 OF THE CITY OF SOUTH MIAMI, FLORIDA: 34 35 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic 36 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 37 property identified as 6925 SW 63rd Court. 38 39 Section 2 . That the Designation Report for the building at 6925 SW 63rd Court as prepared by 40 the South Miami Planning Department is identified as Attachment "A" and is attached to and made part 41 of this ordinance. 42 43 Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 44 6925 SW 63rd Court and the provisions contained in the Land Development Code pertaining to review of 45 building permits, certificates of appropriateness, and demolition are applicable to the property at 6925 46 SW 63rd Court. 47 48 49 50 51 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 Section 4. 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 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1"' Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachments Attachment "A ( Designation Report for 6925 SW 63rd Court ) day of , 2006 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe : Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: P: \Comm Items\2006 \10 -3- 06\6925 SW 63rd Ct HP -OV Ord..doc S0U� South Miami 0 WAmericaCKY U ko INCORPORATED 1927 �L O Rig 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: September 14, 2006 Planning Board Members From: Don O'Donniley RE: LDC Map Amendment —HP -OV Planning Director (Historic Designation) 6925 SW 63 Ct. PB -06 -023 Applicant: City of South Miami Location: 6925 SW 63rd Court AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its July 31, 2006 meeting reviewed an historic designation report for the a single family residence located at 6925 SW 63 Court. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HROV Rezoning September 14, 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off-street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 6925 SW 63 Court The historic designation of the home located at 6925 SW 63 Court was requested by the property owner. The single family home was built in 1926 and is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. The home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel tile for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. The historic name of the residence is based upon the name of the earliest recorded property owner who was Jesse Elon Whitsit. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its July 31, 2006 meeting by a vote of 4 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5, 6,7). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require. special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp.8 -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently .applicable to the area's RS -3, Single Family Low Density Residential zoning district. LDC BP -OV Rezoning September 14, 2006 (3) RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63rd Court be approved. Attachments: Designation Report Public notices DOD /SAY P:\PB\PB Agendas Staff Reports12006 Agendas Staff Reports\9- 14- 06\PB -06 -022 6925 Sw 63 Ct BP -OV Report.doc THE FORMER JESS WHITSIT RESIDENCE AT 6925 SW 63rd C0* urt SOUTH MIAMI, FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department � 6531 6� w m io 4 .mow_ City of South Miami HP -06 -006 Designation of Property as an Historic Site 6925 SW 63rd Court 6540 6521 6520 6550 6531 6530 :y�T' X01 d 6600 1 6618 6616 U 6636 CD � 6666 6632 tco N 6700 67DO v bill Ii IM �± Kx •• A 61 /Ar;,.. SW68THS — T 6801 6810 6821 6620 6802 6841 6840 I S U BJ 6840 6620 PROPE 6905 6910 6911 6910 69D4 6925 6930 6931 6930 w 6924 •'�' 6950 6951 6950 54fr 6945 bill Ii IM �± Kx •• A 61 /Ar;,.. SW68THS — T 6801 6810 6821 6620 6802 6841 6840 I S U BJ 6840 6620 PROPE 6905 6910 6911 6910 69D4 6955 6970 6954 LU g a 7000 7 D Q ' f 7010 7026 6479 6469 7020 ,yt' 6475 �, =` 7048 6491 7030 6471 6469 6493 - t' 7112 6467 ,p 7100 7110 »N � 7132 sir h4FSra '1�aM1 I I `O m e5 i 6521 6520 6521 6520 6531 6530 6531 6530 SW 66TH ST i 6521 6520 6531 6530 6521 6531 6601 6380 6600 6601 6600 .-U 6611 j 6611 6610 6611 6610 ; 6611 6610 U 6621 U 6621. 6620 in 6621 6620 0 6621 6620 Z 6631 M M CO 6641 6630 6631 6640 CO 6631 6630 N 1 N 6700 6701 6700 to 6701 6700 6701 6711 6711 6710 6711 6710 6711 6710 6718 6721 6721 6720 6721 6720 6721 6720 6731 6730 j 6731 6730 1 6731 6730 6731 m t SW 68TH ST F ;3E, 0 68D1 6800 6801 6800 6370 6350 6 5i 7��13 6615 it r— A 6840 }'- - --- 6810 6825 6920 e ° 6303 f' (L 6825 �- .� _�t L 6917 1 1 6912 jr 6 2,o 6130 ° o y 6929 0 6931 a f �b I v, 6201 m 6941 I �j 6941 �4p 6941 t 5 SW _ o 7000 , I 7001 1*0 7009 �I 1 I I � 7020 7021 701D 7015 7030 7041 03 7101 70 7040 7041 7105 7040 7111 7107 N °-' A 7110 7110 ,�„ 7115 7114 7111 L7,12,0 W g 7121 S+ SUNSET DR SW 72ND ST F— -- J fi5D0 e o m o 0 0 6340 6330 0' 4 6310 Z 7220 7223 % tNO 6250 1231 $ 7230 7230 7231 CF) 7240 7243 )240 7241 7240 0 100 200 300 600 900 1,200 1,500 Feet W Q _o � m Z N to U) 6925 6930 6931 6930 w 6924 •'�' 6950 6951 6950 54fr 6945 6944 6971 6970 6955 6970 6954 LU g a 7000 7 D Q ' f 7010 7026 6479 6469 7020 ,yt' 6475 �, =` 7048 6491 7030 6471 6469 6493 - t' 7112 6467 ,p 7100 7110 »N � 7132 sir h4FSra '1�aM1 I I `O m e5 i 6521 6520 6521 6520 6531 6530 6531 6530 SW 66TH ST i 6521 6520 6531 6530 6521 6531 6601 6380 6600 6601 6600 .-U 6611 j 6611 6610 6611 6610 ; 6611 6610 U 6621 U 6621. 6620 in 6621 6620 0 6621 6620 Z 6631 M M CO 6641 6630 6631 6640 CO 6631 6630 N 1 N 6700 6701 6700 to 6701 6700 6701 6711 6711 6710 6711 6710 6711 6710 6718 6721 6721 6720 6721 6720 6721 6720 6731 6730 j 6731 6730 1 6731 6730 6731 m t SW 68TH ST F ;3E, 0 68D1 6800 6801 6800 6370 6350 6 5i 7��13 6615 it r— A 6840 }'- - --- 6810 6825 6920 e ° 6303 f' (L 6825 �- .� _�t L 6917 1 1 6912 jr 6 2,o 6130 ° o y 6929 0 6931 a f �b I v, 6201 m 6941 I �j 6941 �4p 6941 t 5 SW _ o 7000 , I 7001 1*0 7009 �I 1 I I � 7020 7021 701D 7015 7030 7041 03 7101 70 7040 7041 7105 7040 7111 7107 N °-' A 7110 7110 ,�„ 7115 7114 7111 L7,12,0 W g 7121 S+ SUNSET DR SW 72ND ST F— -- J fi5D0 e o m o 0 0 6340 6330 0' 4 6310 Z 7220 7223 % tNO 6250 1231 $ 7230 7230 7231 CF) 7240 7243 )240 7241 7240 0 100 200 300 600 900 1,200 1,500 Feet W Q _o � m Z N to U) TABLE OF CONTENTS General Information ................... ..............................4 Statement of Significance ........... ..............................5 History................................... ............................... 5 Contextual History .................... ............................... 6 Architectural Distinction ............. ............................... 7 Eligibility Criteria ........................ ............................... 8 Design Review Guidelines .......... ............................... 8 Bibliography........................... ............................... 10 Photographs.......................... ............................... 11 City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd}h Court Page 3 I. GENERAL INFORMATION Historic Names: The Jess Whitsit Residence 213 North 5th Road Current Name: 6925 SW 63rd Court Location: South West Quarter of Section 25, Range 40 East, Township 40 South Present Owner: Roxanne M. Scalia 6925 S.W. 631d Court South Miami, Florida 33143 -3344 Present Use: Single Family Residence Zoning District: Residential — Single - Family Tax Folio Number 09- 4025 - 022 -0410 Boundary Description Lots 9 and 10, Block 6, Cocoplum Terrace Subdivision, as recorded in Plat Book 25, Page 4 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdm Court Page 4 II. SIGNIFICANCE Specific Dates: c. 1926 Architect: Unknown Builder/ Contractor: Unknown Statement of Significance The residence at 6151 SW 63rd Terrace is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. This home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel the for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. History The Biscayne Engineering Company surveyed the Cocoplum Terrace plat in February 1926 for Mr. Guy Stone, President, and Mr. Harold W. Dorn, Secretary of Larkins Properties, Inc. The plat was recorded on March 5, 1926. The "L" shaped subdivision abutted the Larkins town site on the east along S.W. 62nd Avenue. Merrimac Avenue, today's S.W. 631d Court, and the location of the subject property provided the only access south to Sunset Drive. The subdivision was platted with curving streets, creating slightly irregularly shaped lots that originally averaged 50' x 125'. The only exceptions were the eleven lots fronting Sunset Road, intended for commercial development, which had 25 -foot frontages. Since that time, the lots in Block 6 have.been combined, with the average dimension of the lots 105' x 140'. Mr. Jesse Elon Whitsit, owned the home at least as early as 1941. He was one of the contributors to a book entitled The Elementary Principles of Physics, published around 1910. Mr. Whitset was born in 1874 and the 1930 U.S. Census lists him as residing in New York City. In 1941 he added a storage room for an artist's studio to the building at the rear of this property and in 1955 he had the barrel the roof replaced. By 1957, the property had been sold to Mr. Carl Mayne. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 5 The predominant feature of this home is the walled enclosure along the front and side property lines that creates an interior courtyard. While no definitive record for the date of its construction has been discovered, the physical evidence suggests that it was added after the main house was built, and circumstantial evidence points to the period when Mr. Whitsit owned the house. These conclusions are based on the following observations: • There are no permits for construction of the courtyard enclosure. • The walls do not comply with present front and side yard setbacks requirements, suggesting they were built before these requirements were implemented or enforced. • The construction of a storage room for an artist's studio suggests that someone with an artistic sensibility lived in the house and was the likely author of this addition. • The 1955 permit for replacement of roof tiles could refer to these structures. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. The subdivision of Cambridge Lawns, (a City of South Miami Historic District) that includes modestly scaled homes designed in an English Tudor or Mediterranean Revival style, was built in 1927. The Whitset House is a contemporary of the Cambridge Lawns Historic District. By 1927, the real estate boom had abruptly City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 6 ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933 the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. III. ARCHITECTURAL DISTINCTION The residence faces west onto SW 63rd Terrace. The massing of the home is divided into three distinct parts. The northernmost bay peaks in a shallow gable roof and rises above the parapet established by the central entrance bay. The center bay steps down to form an entrance element that originally featured two round arched openings (which have since been enclosed) and is covered in a barrel tile shed roof. Immediately south of the entrance bay is a round arched Porte - cochere (also subsequently enclosed), that again steps down in height and is covered with a barrel tile shed roof. A one -story garage and servant's quarters is located at the rear of the property. While there were only two existing building permits available, the physical evidence indicates subsequent additions and alterations were made to the home after its construction. In 1941 a permit was issued to Mr. Whitsit for a 9'X13' addition built onto the detached rear structure for use as a: " Store room addition to present studio- one -story high 8' X 13' ( approximate) store room - paintings, frames, etc." Mr. Whitsit had portions of the house re- roofed in 1955, but the roof parapet walls required additional repairs in 1957 after Carl Mayne acquired the property. The porch and porte - cochere have been enclosed with glass windows and in the opening of the front wall; there is a metal awning window, a type not in existence in 1925. The structures and walls enclosing the front courtyard are also an early addition, built before setback requirements were enforced. The loggia on the south side and the storeroom on the north side abut the house are also placed directly on the property line and are accessed through the courtyard. The wall that creates the enclosed courtyard on the primary (west) elevation is also thought to be constructed after the initial construction, but still within the historic period of the house. The Mediterranean Revival style was an adaptation of centuries -old designs originating in Mediterranean countries. Hallmarks of the style include: extensive wall mass with finely designed details; walls of tinted stucco; broken planes created by the use of curves, the combination of different roof slopes, the combination of one and two -story elements, and the use of interior courtyards. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd1h Court Page 7 Eligibility for Designation The proposed designation of the residence at 6925 S.W. 63rd Court SW 63rd Terrace, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6925 SW 63rd Court is recommended for local historic designation. Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent.of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6925 SW 63rd Court the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 8 Specific: • One story height with three distinct bays at differing heights • Detached garage and servants quarters at rear of property. • Flat roof with parapet with tiled shed roof over front porch. • Walled courtyard on the west ( main) elevations of the property with an arched loggia on south side • Double - leafed wooden vehicular entrance gates, west elevation City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd1h Court Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami Suburban Directories, R.L. Polk and Company, 1941, 1942, 1946, 1955 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Millas, Aristides and Ellen J. Uguccioni. Coral Gables Miami Riviera: An Architectural Guide. (Miami: Dade Heritage Trust) 2003. Plat for the Cocoplum Terrace Subdivision, dated March 1926. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 10 d fi e ti - 1 Pte, p ;�'`lY -Vt' M yp- i f, M Figure 2 Loggia on South side of courtyard City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 12 wirice, C". r a.. y �d f 1 Aaf mwtm- Jun 15 06 04:15p Ellen Uguccioni 3054455023 p.2 Aw s ;i M� '� ��_�, r ; �, � �. � � • � art {t � �� ti _ ` � y� � !� � '• ' � : q�'•- r�annrr*..rv,�'� • a1r6•ra•I�t -� I. - .{ .. ' ' 1 k a •! • '• < �` f Z � •�.` `• w w -w• h• 'd �Gj�6 / »6'1y77//1147CCY.�M1'•:A3r ~� . it IL 21 k r•+ -te..- U INCORPORATED • 1927 A �� O R-I� CITY OF SOUTH MUM HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, July 31, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison and Mr. Kurtzman. Board members absent: Mr. Ruiz de Castilla and Mr. Cooke - Yarborough City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearings on Historic Designations HPB -06 -007: 6925 SW 63 Court (Jess Whitsit residence) Action: Ms. Uguccioni indicated that the residence at 6925 SW 63 Terrace is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. This home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel tile for the roofmg material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. Staff noted that for this proposed historic designation the owner approached staff to designate this property. The Board commended the owner, who was not present at the meeting, for the designation request. Ms. Uguccioni indicated that the proposed designation of the residence at 6925 SW 63 Court, meets the following criterion contained in the South Miami Land Development Code, Section 20.4.9 "Historic Preservation Standards:" HPB Minutes July 31, 2006 Page 2 of 2 Excerpt (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, methods of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction. Motion: Mr. Kurtzman motioned to proceed with the designation. Ms. Dison seconded the motion. Vote: Approved 4 Opposed 0 DOD /SAY /pl P:\Comm Items\2006\10- 3- 06\Excerpt HPB Mins 7 -31 -06 6925 63 Ct.doc • \in 1927 � RS CITY OF SOUTH MIAMI PLANNING BOARD REGULAR MEETING SUMMARY MINUTES Thursday, September 14, 2006 City Commission Chambers 7:30 PM EXCERPT. I. Call to order Action: Mr. Morton, Chair called the meeting to order at 7:35 p.m. IL Roll call Roll call was performed. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: none City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Planning Board Applications / Public Hearings PB -06 -023 Applicant: City of South Miami Location: 6925 SW 63 Court AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE. FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. O'Donniley presented the staff report along with the designation report which was written by the historical resource consultants Ms. Ellen Ugucioni and Antolin Carbonell. The designation report described the history of the residence as well as the architectural significance of the building. Mr. O'Donniley briefly explained that the Historic Preservation Board at its July 31, 2006 meeting reviewed the historic designation report for the single family residence located at 6925 SW 63 Court. Following a public hearing the Board passed a motion recommending that the residence be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. Additionally, Mr. O'Donniley informed the Board that the historic designation of the home was requested by the properly owner. The single family was built in 1926 and is a classic example of the small -scale Mediterranean Revival style cottages that was popular in the 1920s. The historic name of the residence is based upon the name of the earliest recorded property owner who was Jesse Elon Whitsit. Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp.8 -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's RS -3, Single Family Low Density Residential zoning district. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63 Court be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. PB Minutes September 14, 2006 Page 3 of 3 Mr. Morton closed the public hearing. Mr. Comendeiro inquired if the owner of the residence was present at this meeting. Mr. O'Donniley responded that the owner, Ms. Scalia was not able to attend but that she was in full support of the designation. Motion: Mr. Comendeiro moved to recommend approval of the designation report. Ms. Yates seconded the motion. Vote: Approved 7 Opposed 0 DOD /SAY /pel KAPB Historic Bd\PB Minutes\2006 Minutes\PB Mins 9- 14- 06.doc Y THE SIN( FRO FRO LOG AND at Puftard. to Florida Stallutes'285.0105, th public that If a person derides to;appi Board. Agency or Ctinindindrin iWiss"i Its meeting or.heaft he orsheivill need a and that for such Purpo". affected Damon• testimony and evidence uponwhieglithillillippindle to bit besei 5 lam - MIAMI DAILY BUSINESS REVIEW :NOTICEOFPUBuC.HEARING Published Daffy except Saturday, . Sunday and Lei Holidays NOTICE IS HEREBY gWen that She CIy Comiidcslai otthe CIy of South:`: Miami, Miami -Dada County. Florida r.-Ciii Cominbali Rii edisduled'fo'`. Tuesday OcIbbei 2W6 STATE OF FLORIDA abo iiir6t COUNTY OF MIAMI-DADE: D .1o;onsiderliholdlowhVitai Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she Is the -w OF THE CITY OF zom IWUARIA, FLORIDA, G TO A . REQUEST TOAMENwTHE oFFicutuoujim MAP OF THE VICE PRESIDENT, Legal Notices of the Miami Daily Business CITY OF. SOUTH- :MIAMI DEVELOPMENT41CODIi-BY Review fAda Miami Review, a daily (except Saturday, Sunday DESIMATINd-A-tiNGIi FAMILY RESIMTLkLIBUIEiiG;�.N-.I and Legal Holidays) newspaper, published at Miami In Miami-Dade LOCATED ATjSlSl4W,=rd:TERRACzAS AWHISTORIi County, Florida; that the attached copy of advertisement SITE AND BYPLACEMIENTOF,AN-Jil$TOPJC;PiiiiitVA.;'--t,"'�i being a Legal Advertisement of Notice in the matter of TION �OVERLAY'i2DNE.I,,fHP4M,..'OVER..-.THE',,,E)asnNO':�..T`:�.).' ZONING USE DISTRICT FOR 'SEVERABIUTY,-- PROVIDING FM ORDINANCES; 14 CITY OF SOUTH MIAMI CONFLICT, AND PROVIDING AN EFFECnVEDATEJ`W.;1t.,j..t; PUBLIC HEARING - OCTOBER 17, 2006 is "Ai OR)i6CEOF.THk:AAYDRIAW'b7t.d6WiltSl6i, In the X)= Court, :OF THE CITY OPSOUTH MAIM, FLORID&AELATING-TOXz i:�: 'REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE .z was published in said newspaper in the Issues of CITYOF,SOUTH­MIAMI LAND DEVELOPMENT. COI)Ii4i 'DESIGNATING A SINGLE PAM14Y..RESIDEN71AL�:BUILDING �... 1=612006 "LOCATED AT SM SW 113hill COURT AS Aill.Hii .:AND BY PLACEMENT,OF.AN.-.HMTMC; OVERLAY;ZOI1F_ :OVE111i a Affiant further says that the said Miami Daily Business .,USE: DISTRICT. FOR -1HIS PROPERTYjPROVIDINGiFOR Review Is a newspaper published at Miami in said Miami -Dade .'SEWMUM-L-:PROVWING.-.,.-FOR,? iORDINM '-.-ili County, Florida and that the said newspaper has CONFLICT, AND PROVIDINGAN EFFECTIVE DATE heretofore been continuously published In said Miami -Dade County, :A RESOLUTION E, Florida, each day (except Saturday, Sunday and Legal Holidays) OF THE CITY OF SOUTH MIAMI, FLORIDA and has been entered as second class mail matter at the post THE ISSUANCE OF A CERTIFICATE OF office In Miami In said Miami-Dade County, Florida, for a *NESS PURSUANT. To 2".19(E)(3). OF,THE period of one year next preceding the first publication of the DEVELOPMENT., CODEE THE'PLACEM F; attached copy of advertisement; and affiant further says that he or SIGNS FOR -MMARA,ftSTAURMTomAx, she has neither paid not promised any person, firm or corporation 'HISTORIC BUILDING LOCATED Ar.,6B37z SUNSETiDRIVE.-�..". any dil count rebate, commission or refupd for the purpose (SHEU.EYBUILDING);PROMBiGAN EFFECTIVE DATE .;.,.�,,.. of a ng this advertisement for publication In the said ne per. .A RESOL:EMdi'CWT'HE�;.MAYCiR-AAID: Ciiiii6i OF THE CITY OF SOUTH MIAMI, RELATIING idA REQUEVii : PURSUANT TO SECTION 201-IOA OFTH9 LAND DEVELOP;` " A MENT'CODE -FOR A ' SPECIAL,. USE,-ieAPPROVi T�1-'_ ;i 02* INCRUSETHIi OFAN OUSTING STEALTH I LARANTENNA INSIDE THE CROSSON PROPERTY LOCAT. Sworn to and subscribed before me this ';ED-AT; 6330 OW.401h.-.STRFgT.WffHIN;THE.,Pr...-'PUBLIC INSITTUTIONAL-•ZONING USE DIMCT.-;PROVID1ffiIG FOR 06 day ofOCTOBER A.D. 2006 AN EFFECTIVE A RESOLUTION OFTHIE"MAYOR &Cjjj6LjIjjj&ON'Df THE CITY OF SOUTHIllisli FLORIDA,,RELATING;TO A_,, lv REQUEST FORTWOVARIANCES FROM SECTION 211-3.510); (SEAL) ffaqi� CheroHMamw r�PP DD338550 OF THE DEVELOPMENT CdDETO ALLOW THE ,SIZE A:BUILDING.,Sli 13E.7003 Si FEET._.�-� WHERE�A MINIMUM LbTSI&�OF75ff3i ' L ,%rilind'sion BOOKIE WILLIAMS personal] 0 a FEET is'-- REQUIRED AND 40,FEET OFXRONTAGEWHERE-75 FEET Expres July 18. 200111 IS REQUIRED; A VARIANCE FROM THE PARli SPACE DIMENSIONAL,,i!tEGUIREMENT:,:GRAPHIC,^OF.,.iSECTION 20-4A OF _THE LAND DEVELOPMENT .0001510 PERMIT 2-- A RESbLiltliblli dt T&.ikibW OMMISSION FEET 6 INCHES OP.-.ABUi LANDSCAPt�-Olf --THE OF THE CITY OF SOUTH MIAMI, FL USDA, NORTH....801;OF- THE , PRCPERfY,:WHERE,.4,;F1i IS FtECiUEST,:TO.ALLOW:FOP-..7HE,CREATI -OF�, LOTS REQUIRED, ALL dK pROpERTy.LOCAj 1AT-7,diijbi ED AND "r ON PROPERTY SPECIFICALLY AT -AVENUE, SOUTH M[AiMi FLORIDA. WITHIllitTHt'llit - 81 SW OTHAVENUE, SOUTH MM, FLOR1DA:WffHIN.Aji DENTIAL OFFICE ZONING.USE.DISTRICT; THE =11 �R""WDENSITyRESIDENnAL,.MHNG[NiTMCr,.AStr.,.:k OF THE, VARIANCES IS TO PERMIi bbNSTRU&6ON- -, i, � PERmn7wBY.pRovisidNiipEitTAimNr.;TowAwEltoF�i- i6i, :,_OF � 0 1. . A.TWO. STORY. OFFICE uni 10;'ki[) PROVIDING PLAT As SET PoRTH IN SECTION 2oi oF.THE - ;,,t. BOUT11 FOR AN EFFECTIVE DATE. ROM LAKD-DEVELOPNIENT.C�M­Aliff) L, THE;MIANII DADE,COUNTY.00DE; THE PURPOSEsOF;7HE+ 4; WAIVER OPPLATIS TO ALLOWTORTHE OF A.SINGLE i FAMILY -HOME ON 1077'1 AND THE CONSiRUGTION OFASiN PROVIDING F01i LEGAL D F­ FORM FFFFC7llWlnA71Fi;­:: t­.A. THE SIN( FRO FRO LOG AND at Puftard. to Florida Stallutes'285.0105, th public that If a person derides to;appi Board. Agency or Ctinindindrin iWiss"i Its meeting or.heaft he orsheivill need a and that for such Purpo". affected Damon• testimony and evidence uponwhieglithillillippindle to bit besei 5 lam - - 30 - c o rN.. i f^r W , f O. - ;o CALENDAR, FROM Z9 access bakehouseartcomplex org z •Get To Know Us pxhibltion'featur :: a .. v f ing a diverse array of ertworii rn a v° eFieshArma /s; exhibrhgn of works vanetyofineslraahrough 6ct ]$; free;• by Linda Behar Ram iro Pa[ela Her y •Homage fP chihrily exhibition fee era; Jennifgr5c`ott McLaughlin p ndy ` }unng di3carded glass objects lamps Moses Irene pjessner Melqurades :and bottles bought atgarege.3ales Rosario Sastre Tremain Smith Lmda and thnfl stoles that.have been trans- Touby and Marco TiJll6 through OcL ' #ormed into Chihuly esgtle pieces of 30 ''� '�� �`� x glass colorand Iight.'bylocarartist - , . �;� 8akehogseprf Complex 569 NW ' ' Alelda Foiestren opeinny recap #ion 7 •` 5 y32nd St Mia{ni 305 576.2828 or 'pin OCt�4 }hrough;OcL 21 g. ;M,OURTS. N�iIICE „�. E CITY OFOUTH MIAMI, F�.ORIDA f Od fueaday October 7T 2006,7begl)tninp at 7 3D m lathe CIy Coaimisslon Chambers, 6130 sunset prive the CRy Jbmmission Yn71 hold Public Hearings to consider the AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF -tNE CITY OF_SOUTN:.MUiMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY .TRESIDENTIAL' BUILDING - LOCATED AT 6167 "_SW .a"' TERRACE.AS AN'HISTORIC SiTE AND -BY PLACEMENT'OF.AN HISTORIC :PRESERVATION.OVERLAY:30NE IIIP -OV) OVER THE EXISTING.. ZONING USE DISTRICT FOR THIS PROPERTY 3 , , AN ORDINANCE RELATING TO A REQRIEST TO AMEND TJIE.OFFICUU TONING MAP 0F_,THE CRY AF: SOUTH MIANU ;LAND :BEVELOPMENT CODE BY DESIGNATING A SINGLE 'FAMIMAESI 111TH C BUILDING LOCATED AT 6925 SW Blind COURT AS AN HISTORIC SiTE AND BY PLACEMENT OF. AN HISTORIC PRESERVATION OVERLAY ZONE (HP Allj OVER THE EXISTING ZONING USE AISTRICT FOR THIS PRO�ERiY x r A RESOLUTION RELATINQ 70 THE .ISSUANCE :bF A .CERTIFICATE OF ' APPROPRIATENESS PURSUANT YO SECTION .20.5 T9(E1(3) OF THE LAND DEVELOPMENTi.ODE FOR THE PLACEMENT OF WALL S FOR MANARA RESTAURANT DN A DESIGNATED HISTORIC - BUILDING LOCATED AT 6(137 .; SUNSET DRRiE (SHELLEY BOLDING) A RESOLUTION OF_7HE MAYOR AND CITY COMMISSION OF THE CITY OF.., SOUTH MIAMI, RELA7rN6 TO A REQUEST PUR$UANi TO SECTIN 20.10.6 OF THE 'LAND 'DEVELOPMENT= CODE -FOR A-SPECIAL'USE: APPROVAL TO INCREASE `THE SIEIBHT OF AN EXISTING STEALTN,CELLIRAR ANTENNA ':INSIDE THE CROSS ON.PKDPERTY-LOCATED AT.633g'SW GO; STREET' WITHIN THE bPJ" PUBLIC INSTiii 11117.106L ZONING USE DISTRICT RESDIMON { r> SECTION 20-8 5( OF ,THE LAND DEVELOPMENT 6 DE o ALLOW TTHE�L00T SIZE OF A BUILDING SiTE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT - SIZE OF 75MI SQUARE ,FEET 18 REQUIRED .AND, 56 FEET OF. FRONTAGE 'WHERE 75 FEET: IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL ' REQUIREMENT, GRAPHIC OF SECTION 20-4.4 OF.THE LAND DEVELOPMENT. CODE TO 'PERMIT .2 FEB ; -6 .DNCHES 'OF "ABUTTING ; LANDSCAPE ON THE .NORTH -SIDE OF: THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED .AT.7641,SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WrTHIN THE .RO•.71ESIOENTIAL OFFICE ZONING USE 'DISTRICT THE PURPOSE OF JHE. VARIANCES IS TO :PERMIT THE CONSiRUCTION OF A TWO STO14Y OFFICE BUILDING. W A "RESOLITnON RELAi1NG,T0 A REQUEST TDALLOYVFOR THE CREATION OF 1075 °7° AND 2 ,DN PROPERTY SPECIFICALLY LOCATED AT 6140 SW 65TH : °- „ x;AVENIIE,•::SOUTFI MIAMI" FLORIDA.:WITHIN,AN RS-3 °LOW DENSITY RESIDENTIAL ZONING ,•DISTRICT_; 715 PERMITTED. BY PROVISIONS '- tj-PERTAINING YO-WAM OF-PLAT Ai-SET FORTH IN SECTION 20-4.2p) OF .? MIAMI DADE COUNTY.CODETHE PURPOSE OF THE WAIVER OF PLAT IS TOE ALLOW FOR THE *CONSTRUCTION OF>A SINGLE FAMILY HOME ON LOT �° AND ;THE DNISTRUCTION `OF: A' SINGLE FAMILY NOME. ON LOT °2 PROVIDING FOR A LEGAL DESCRIPTION , ' x 20 35(0q OF07HEL NDN UE0 VEA1OpMFM CODE TDAPERMRJI NEWSSEINGLE ;FAMILY NOME TO BE.BUILT.N A. LOT WITH LOT FRONTAGE OF 329 FEET. WHERE A "MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITFIIN AN •RS=3' SINGLE-FAMILY RESIDENTIAL USE DISTRICT, LOCATED .: AT 7630 SW 63 COORT SOUTH Mimi FLORIDA Atave Isms tern be inspected In the Cdy Clerks Office "Mionday Friday during regular pftl�e hours. nt _. =•: I you have en•Y inquiries on the above )tams please bontact the Planning and Zoning Deperhnen tet305-663- 6326.:. ALLJiiter6*1 partles are invtted to bbiiid and will tm heard = Maria M Menendez, CMC City Clerk {j 0nsuani to Florida St fie 206 0105 the Chy hereby eavlses the public that h a person decides to - .appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its.mee0ng or Aebring, hear she. 'voll need a record of are roceedings, and that for such purpose, ,sifeded person msy need to ensure That a verbatim record M the proceedings Is made Wblch record l•' iagr1de51he. test lmG0Y. god �vUleOCe, ut7dOS4hlph )hksRPa9lJsi�Da,baseA a s MIAMI DAILY BUSINESS REVIEW Published DaOya Pt Saturday, Sunday W'd Lagat H.Adeya JAW.4 Mk.!-Dade Count', Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR. Legal Notices of the Miami Dairy Business Review Mda Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 In the XXXX Court, , was published in said newspaper in the issues of , 10/27/2006 Affiant further says that the said Miami Deily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Mlaml -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miaml -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he or she has neither paid nor promised any persgn, firth or corporation any discount, rebate, commission or refund for the purpose of securing adverbs for publication In the said newsPePe / Sworn to and subscribed before me this 27 day of OCTOBER , A.D. 2006 (SEAL O.V. FERBEYRE personally known to me Craryl H Memrer M1' commission D0338550 . �a w E 1103 July 18.2008 O m J N txm °9 OaD °5� j FS n� v0 m� o099Np 5ca <� <m O m py Zm m 3v�m��gm'o°�m£ S m Q��o °fin o- m.o O wd °cm ni vC m pp 0.0 m¢mFaTm r rc Imo = m 0 40 T r 03 NN J m m fmi Q S S X m N �m m N T c m < m mm n zp 2 m mrm. � � y 3 0 m. • a 30 oD i. o $ 0 m 9 aim nax 9n�s 3 9 w »$ gu a cp ^ � g m D 09 Hwj9m a 3 m N� o'. m �Cg� @ D m 'fib m o w33?m Nwmcm »w3mk0oc'�ww'md m 3 01 mwmc a 3 o' $ a'm�y Pa�3 m� m Z(afmm°+�s gym �. d st a� � a d� 52 F - � c N m o .O 54 ° wN x 3 O H =m m��c� ;3 ^ °R°E�Zak� m' ° d,°cwK35m ^n o 3 z 3 = $ ' � ocvo3am H mm»oom m mm�'.�mma —� ? w m ui ° °�' w� nom ^mmxm 3•w �J R3cwm$ . M d slam SO °m n d d 3 C w om� m m °a m a €7Fc TTOOf ;vv Aoa TN °aAl � c�8g� i 33 «�' OAOT >7� m Zmr� AmON m 5D0 TO '+�• r TO'o TSm°o O �-w{wm °$ O <Om °.- Cg��Di5=Pl SQ �O �l'h AAiiA—c_m �$ .,� d 3._ sus1 .a •.cN :5!$� oA 'm°gy L,zm�OA mo5 'm��A° m�S�NOs�gm�� °�yA, ,y °2p Cl r' z. °ip Z A�'_pZm O\ •i °m 0�ym0 ozm;QZ T4lm° L 4 a.mZ O N ° a`8 °„PTO T. - -°. O DZ'i S >rOD N +� `3 m 'O� m> D:InO T-i a�am �n -min T mm9 ZT� pm Z x m N- INP20�K' w c 0050 °T<Z A.y0y�0z _m °m, N .�r O .g y.s r°�7� DN Q� p:$ 0y00:. O N - w y' AZ �m 21M C FT m '.ZZ °TI =1�yyTm T$` m— m '2$ f 3 t, : �DO'^_�A mrN� z mZ0 - 3N ,r�i ° p'�,On�r azziz ZO�! rT m SO�•. O Fm.00. mmA�$m00 zO� y gym$ t Om -1 N ° pmZCT ..m_$O - -C O T:2 O— O y iii r.ONm Z�$C..I ONN� 0g� y 3. a1 w i -1 yNty $N_tn T. m 3OA�RI ��1� Omm D -im Om�wm ANyi..s m�: �¢rmF'2 r'mmg N9S �dA A'^'jm m ,:ZaS - 6 -�0'� b" Op Sr Z m�' -I.i` ° DG.'O�Ym 02� ��i fflillim —T� Tl1mI °5.D AT �+� '.nm3pOi N ;— ! D0 m m -�/ r m $ r < m O u T 2 A i5�m m <O W o m t l O m O� r.0n '.!m vmi O _9faz -30+ 1;—_ N S'm�'^ O• g sy Z+ A m y Z T .. r °T —A r °m >. 00TA: t ° 5 8gr�nz r-14 q iZp.'Im 2i' °— 2i��- �Z.�Im110Zy� <�� >A"s+ ',.y�p m•T >E, y �mmcg^R r 7 r -IS� O•� mF° zT O y:,: Z Z Z Z Z�, zz? 6m 22'. mO ZOP <D.00 `-0i �1 p m °p° O..n$ -0 °' ° O2iinZ NA° OmT y —Orr r O'• 00 m O.P'O OOO, 2$..gcm .� p p °3 '1z cz `vp ;;°ci° yy' zP.y F° O- °Oz �j zA m 0�9� AAO m.. ?� AOT�'jz A <.. ;O820�_> ° r� n_O m0--11. fnZNOty ..0$ Nm t7 05- >A�ZpmC� Z.�.m.2 mZ �p0 �s$„ sOVpZ ;.-i 50' O ONN SD Z$rzz N °�' °z— "' ;2 p0�Y 3" Z31 `r�oA`�'za °�' po��°nZr `o�'�Wiai p TAmMop a $ r Q N0i N { AmT <�ii o °�s °DZ oA °F3 -°iz boo b"o'�ZO +o yo� °mi o mzmT i r ni Az ZA oToz ZA. mc�S�Z� <m >z 5 m w & i4 Fri 1_ C 1 a 1 r handy guide to this week's `Best Bets' in TV and cable listinj go gossip your gmpefrut.r nir i hing goes better with breaMst than The 'Miatni Herald, delivered. 1- 800 -441- RS OPEN nber 24 ... excited to sleep anyway. 1VI E LET S DA CITY I AM FRIDAY N E WEST '�ry LeV1'S & DOCI<ERS' U T L E T ass OUTLET eY MOST >amsonite'Company,Stores •; Nike Factory Store Cory Brand Shoes • Weidome home . Perfumania .:.over 45 brand- name stores! The stores listed are merely representative and not necessarily those participating in this sale. PRIME `OUTLETS ' FLORIDA CITY Intersection of FI Turnpike & US1 • 888- 545 -7198 • i INCREDIBLE VENDORSTHISYEAR: Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, ' Housewares, Clothing,'Crafts &More 0 Bet Shira Congregation 7300 SW 120th Street 05 -238 -2601 1 yU t:'TrJ - FFQ COURTESY NOTICE CITY OF: SOUTH MIAMI, FLORIDA On Tuesday, November 28, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: , AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL;. APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL. PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING ASINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY -ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY, AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-0\0 L J OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF ` THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY - ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE,OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" AMENDING MEMBERSHIP TERM PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. �AN' ORDINANCE PROVIDING FOR A TECHNICAL 'AMENDMENT' TO THE CITY OE: ovu{n m{nmr uUr+u uEVCwnhErv, UVDE, Dr nmErvuavu oEVnvry cV 3:6M-ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT` GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT, A. TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANYWINDOW, DOOR OR'OPENING INTO A DWELLING, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH ? MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING, DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20.4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER- OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT' "1" AND THE CONSTRUCTION OF A SINGLE FAMILY NOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Above items can be inspected. in the City Clerk's Office, Monday - Friday during regular office hours. If you have any Inquiries on the above items please contact the City Clerk's office at; 305 663- 6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant io Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeaIs ny deois!on 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, 0 0 N (Y w m f W Z Z r a 0 Z 9a C W x a .Ti F E a d Z U) 0 I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2- 5 26.10 RELATING TO THE PARKING AND COMMITTEE; 6 PROVIDING FOR THE CONVERSION OF THE PARKING 7 COMMITTEE INTO A PARKING BOARD; PROVIDING FOR 8 APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM; 9 PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City of South Miami created section 2 -26.10 of the City of South 14 Miami code relating to the creation of a parking committee; and, 15 16 WHEREAS, the Mayor and City Commission desire to make the parking 17 committee into a parking board, which board shall be an advisory board; and, 18 19 WHEREAS, The City Commission recognizes its duty to provide sound 20 oversight for parking related issues in the City of South Miami; and, 21 22 WHEREAS, The City Commission benefits from expert counsel, independent of 23 appointed staff, in providing said oversight, and; 24 25 WHEREAS, therefore, the mayor and City Commission desire to create a 26 permanent parking board to consider parking related issues within the City of South 27 Miami. 28 29 NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 31 32 Section 1 The City of South Miami Code of Ordinances Section 2 -26.10 entitled 33 "Parking Committee," is amended to read as follows: 34 35 Sec. 2- 26.10. Parking board. eenunittee. 36 37 (a) Created. There is hereby created a parking eeee board for the city. Said 38 eemmi#ee board shall consist of seven members. p4vate _itizens. The seven 39 members shall include two commercial landowners, two 40 business owners and/or merchants, and three residents of the city. 41 42 (b) Appointment and terms of members. Board members ;r 43 shall be appointed by the mayor with the advise and consent of the 44 city commission to two -year terms or until their successor is appointed. Additions shown by underlining and deletions shown by everstfilcng. 1 (c) Chair, vice - chair, and staff. The members shall elect the chair and vice -chair of 2 the settee board. The city manager or designee shall serve as the executive 3 secretary to this wee board. 4 5 (d) Quorum. A quorum shall be four members and an affirmative vote of a majority 6 of the members present shall be required to pass upon any matter the seffimWee 7 board recommends. 8 9 (e) Duties. Parking in the city must be developed and managed both as an element 10 of infrastructure critical to enhancing the city's tax base through economic 11 success of the city, and as an important amenity enhancing and protecting the 12 quality of life within the city. To that end, the dutiex of the board shall be as 13 follows: 14 (1) Meet at least once every three months. 15 (2) To provide oversight of the supply, convenience, safety, and 16 management of parking. 17 (3) The een Rittee board shall report to the city commission no less than 18 annually on the state of parking in the city and shall from time to 19 time make recommendations to the city commission for the changes 20 in the parking system, for the fees paid into the parking 21 infrastructure trust fund, and for the allocation of trust fund monies. 22 (4) The board shall function as an advisory board to the city commission. 23 24 (f) Previous ordinance. This ordinance shall supersede and replace section 20- 25 7.6(A) of the land development code, "Home -town District Parking Committee." The 26 former hometown district parking committee is hereby replaced by the parking 27 eemmittee board created by this section. 28 29 30 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 31 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 32 shall not affect the validity of the remaining portions of this ordinance. 33 34 Section 3. This ordinance shall be effective immediately after the adoption hereof. 35 36 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED this ATTEST: CITY CLERK 1" Reading 2nd Reading READ AND APPROVED AS TO FORM: Luis R. Figueredo, Office of City Attorney, Nagin Gallop & Figueredo, P.A. day of 52006 APPROVED: Page 3 of 3 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: MIAMI DAILY BUSINESS REVIEW Pinched Daly except Saturday. Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review filch Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement 'c being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 In the XXXX Court, , was published in said newspaper in the Issues of , 10/27/2006 Afriant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Mlaml In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and af6ant further says that he or she has neither paid nor promised any person, tine or corporation any discount, rebate, commission or refund for the purpose of securing advertis for publication in the said newspape � �� Swom to and subscribed before me this 27 day of OCTOBER , A.D. 2006 (SEAL) O.V. FERBEYRE personally known to me Cheryl H Mannar �T My conmussion D0335666 ��wwd' E,­. July 16, 2006 O U) D N �` I �o m ommOom> m��m6K�.o55u.0ma p. mam oo .. f5 05 am -On cC r nm Mcoo ffCa<c<m mormmTm C) (A C) Zm 4O m L �' �c�' �3�w -�'o -2 ni v c71 --n! M OR z n � °m 88 �X y0 R:5 daod0 <m Srp D 9 m O m •'?gv ymmem- mm�mfy 5 9S cZi= Dm am 99c gsy3mma D9 o m v•$ o s K 3 a m c m m o Z ;. m m m< 2 0 p ; � m �7� D a m 3v 0a ��n-9. w.33m F �w OG- m mm F� �U�mFmo�as� ♦°BYO i o 3 IIHM cam�m �'� 'o°m(�o�g�a3 °m -o m 9 S. �°EM o°° �� g � �R.. gO mom. o�T9 o 2= I Cl) 3 O w 2'� oa,9 gi� w Oai '.'9m c °� mo a a- .9ma m m ° Z. W ' 'g�Qa n@.m g gym. . I ;gym N v p �Y w III waomo„m 3 �w c moo °o8w��mxm 3m�ymm o3mwm c m m 3Si•w o. C m m� wmf) a -� .z m � r handy guide to this week's `Best Bets' in TV and cable listings dB gossip Mh your grapetru d`" lung goes better with breakf-ast than The Mial ni Herald, delivered. 1- 800 -441 - RS OPEN nber 24 ... excited to sleep anyway. 1Vl E LET S DA CITY 5% with N BIRD LIALS I AM FRIDAY N E WE _ST­ Bass LeV19s & DOCI<ERS' U T L E T;' s OUTLET BY MOST >amsoniteCompany Stores •Nike Factory Store :tort' Biralild Shoes • Welcome Home Perfumania ...over 45 brand -name stores! The stores listed are merely representative and not necessarily those participating in this sale. FRIME'OUTLETS — FLORIDA CITY Intersection of Fl Turnpike & US1 • 888- 545 -7198 i...�... i...�:..�...�...�...�...' 14 '... OUR ANNUAL HOLIDAY BAZAAR IS HERE111 INCREDIBLE VENDORS THISYEAR: ! m Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, i Housewares, Clothing, Crafts & More � i Z z Bet Shira Congregation i7500 SW 120th Street • 305 - 238 -2601 ' o i� Lu ot,.. " W COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA 1 0 On Tuesday, November 28, 2006, beginning at 7:30 p,m., in the City _. Commission Chambers, 6130 Sunset Drive, the City Commission will E hold Public Hearings to consider the following items: AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA � MUNICIPAL LOAN COUNCIL;, APPROVING THE ACQUISITION CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL . PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES BASIC 1-19 CNTRIBUTIONS, PROVIDINGIFOR COMPLIANCEFWITHNCURREINT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN ZONES (HP-0V) OVER THE EXISTING ZONING USE DI S RRICT OR THIS PRIOPERTY.RLAY AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THECITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC j SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE HP-OV) i OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. �--t I �N ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING I AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, , DUTIES, AND TERM. QUALIFICATIONS, AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY I ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE.OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE'," AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT,,AND PROVIDING N EFFECTIVE DATE, I AN ORDINANCE: PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF. SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- I € 36M ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE _'TECHNICAL -FROM ANY WINDOW, DOOR OR'OPENING INTO A DWELLING. i A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT" AS PERMITTED FORTH IN SECTION 204.2(B) OFT E SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER- OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY, HOME ON LOT' "1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Above items can be inspected. in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305 7 - 663- 6326. ALL interested parties are invited to attend and will be heard. 1 Maria M. Menendez, CMC City Clerk _ Pursuanf to Florida statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered ` at its meeting o7 healing he or she will need a record of the proceedings, and that for such purpose, affe&tgd perSpO Day OeQd to ensure;that g rbatirt� record gf. _ grgpeeJmgs i; ma31e ythlcjyrgg 4t'ffi' µ 1 j South Miami AN -Amfta ft 1 -••— CITY OF SOUTH MIAMI 1111. � INCORPORATED � �� OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning irector - AO Date: October 17, 2006 `✓� ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Request: The historic designation of a commercial building at 5850 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. The building's original construction date was 1923. The building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins. The attached designation report describes the significance of the property (p. 7). The Historic Preservation Board at its August 28, 2006 meeting reviewed the Designation Report, conducted a public hearing, and adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its September 25, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5850 Sunset Drive be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -25 -06 Designation Report Excerpt Historic Preservation Board Minutes 8 -28 -06 Excerpt Planning Board Minutes 9 -25 -06 Mail Notice to applicant Public notices SAY P: \Comm Items\2006 \10 -17 -06 \5850 Sunset HP -OV CM report.doc 6335 SW 116 Street Miami, FL. 33156 -4813 RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. I Dear Ms. Anderson: This communication is to inform you that the above item concerning the historic designation of C your property located at 5850 Sunset Drive has been re- scheduled for second reading and public hearing at the Tuesday, November 28, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub- section (F)(3) states that a property owner may file a written objection to the designation which would require a 415 vote of the City Commission for approval. If you have any questions; please feel free to call me at 305- 663 - .6325. Z yours,, A. You ' is, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006 \11- 28- 06\Applicant's Notice PB -06 -026 5850 Sunset.doc Ott P4� South Miami -,� or NI- America City 1 9 2 7 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305 -663 -6326 (F) 305- 668 -7356 November 16, 2006 Ms. Mary Anderson CERTIFIED MAIL j Androualakis Korros, Inc. 6335 SW 116 Street Miami, FL. 33156 -4813 RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. I Dear Ms. Anderson: This communication is to inform you that the above item concerning the historic designation of C your property located at 5850 Sunset Drive has been re- scheduled for second reading and public hearing at the Tuesday, November 28, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub- section (F)(3) states that a property owner may file a written objection to the designation which would require a 415 vote of the City Commission for approval. If you have any questions; please feel free to call me at 305- 663 - .6325. Z yours,, A. You ' is, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006 \11- 28- 06\Applicant's Notice PB -06 -026 5850 Sunset.doc This communication is to inform you that the above item submitted by the Historic Preservation Board concerning the historic designation of your property located at 5850 Sunset Drive is now in ordinance format and is scheduled for first reading at the November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance, however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively scheduled for the November 28, 2006 City Commission meeting. Enclosed is a copy of the Designation Report for this properly and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a , properly owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincer yours, ford A. Yogi is, AICP Acting Planning Director SAY P: \Comm Items\2006 \11- 7- 06\Applicant's Notice 5850 Sunset.doc So U [ r; South Miami 0 A41 All- America City 0 i 92 ?� 4' 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 27, 2006 CERTIFIED MAIL Ms. Mary Anderson Androualakis Korros, Inc. 6335 SW 116 Street Miami, FL. 33156 -4813 RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. Dear Ms. Anderson: This communication is to inform you that the above item submitted by the Historic Preservation Board concerning the historic designation of your property located at 5850 Sunset Drive is now in ordinance format and is scheduled for first reading at the November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance, however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively scheduled for the November 28, 2006 City Commission meeting. Enclosed is a copy of the Designation Report for this properly and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a , properly owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincer yours, ford A. Yogi is, AICP Acting Planning Director SAY P: \Comm Items\2006 \11- 7- 06\Applicant's Notice 5850 Sunset.doc 1 2 ORDINANCE NO. 3 4, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP 6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE 7 D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS 8 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY 9 ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Application No. PB -06 -026 was submitted to the Planning Department by the 14 Historic Preservation Board , said application requesting to amend the official zoning map of the City of 15 South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property 16 identified as 5850 Sunset Drive.; said property is legally described as Lot 16, W.A. Larkins Subdivision, 17 as recorded in Plat Book 3, page 198 of the Public Records of Miami -Dade County, Florida; and, 18 19 WHEREAS, the Historic Preservation Board at its August 28, 2006 meeting reviewed the 20 Designation Report for 5850 Sunset Drive and recommended that the proposed site be designated historic; 21 and, 22 23 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 24 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and,. WHEREAS, on September 25, 2006, after public hearing regarding the application of the HP- OV zoning to 5850 Sunset Drive Avenue, the Planning Board recommended approval by a vote of 7 aye and 0 nay; and, WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic 37 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property 38 identified as the D.J. Red Building located at 5850 Sunset Drive said property legally described as Lot 39 16, W.A. Larkins Subdivision, as recorded in Plat Book 3, page 198 of the Public Records of Miami -Dade 40 County, Florida. 41 42 Section 2 . That the Designation Report for the building at 5850 Sunset Drive as prepared by the 43 South Miami Planning Department is identified as Attachment "A" and is attached to and made part of 44 this ordinance. 45 46 Section 3. The Design Review Guidelines set forth in the Designation Report for the building at 47 5850 Sunset Drive and the provisions contained in the Land Development Code pertaining to review of 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 building permits, certificates of appropriateness, and demolition are applicable to the property at 5850 Sunset Drive. Section 4. 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 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of October, 2006 ATTEST: APPROVED: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney Attachments Attachment "A" Designation Report for 5837 Sunset Drive COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: P: \Comm Items \2006 \10- 17- 06\PB -06 -026 HP -OV J D Red Build Prop Ord..doc UT Ut 7W yi INCORPORATED 1127Q South Miami MftedcaCity 1 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: September 25, 2006 Planning Board Members From: Don O'Donniley RE: LDC Map Amendment —HP -OV Planning Director (Historic Designation) 5850 Sunset Dr. PB -06 -026 Applicant: City of South Miami Location: 5850 Sunset Dr. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY V The Historic Preservation Board at its August 28, 2006 meeting reviewed an historic designation report for the a commercial building located at 5850 Sunset Drive. Following a public hearing, the Board adopted a motion recommending that this building be'designated an historic site. APPLICABLE REGULATIONS The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation LDC HP -OV Rezoning September 25, 2006 (2) Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 5850 Sunset Drive The historic designation of a commercial building at 5850 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. The building's original construction date was 1923. The building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins, which grew largely because of a relatively small group of early leaders The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its August 28, 2006 meeting by a vote of 5 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5, 6,7). STAFF OBSERVATIONS (1) The D.J.Red Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA): This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the review of future certificates of appropriateness. LDC HP -OV Rezoning September 25, 2006 (3) (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD -OV) Specialty Retail, Hometown District Overlay) zoning district. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5850 SW Sunset Drive be approved. Attachments: Designation Report Public notices DOD /SAY ge4001--- 4 P:\PB\PB ndas Staff Reports\2006 Agendas Staff Reports \9- 25- 06\PB -06 -026 5850 Sunset HP -OV Report.doc 40me 0 A n �e k 06/19/2005 DI : 6900 7001 _—j SW 71 ST ST 6110 L 6022 7410 7440 7511 AM City of South Miami HP-06-004 Designation of Property as an Historic Site 5850 Sunset Drive ,PIN 'P 5907 6:1 5J 4 6845 CO U) SW 69 TH Ud 9 2 601" P, X - E.PO Z, SW 70TH ST SVr C; /tUBACT N 4al P OIP E RtY W 1. - ■ 5 $ SW 72ND ST SUNSET Din - . . 58DO F 5059 5795 7230 7301 5940 LLI r 7331 U 5824 — 7311 0 7320 7311 P 7321 5795 7320 7321 • 00 L 0 - I 5901 LO 5791 2: 7331 7390 5901 5876 5801 740 7400 F- 0 SW 74TH TER 7420 7420 5890 58DO 7450 573o7 7500 760 7% ■ ■ 1540 7515 T500 ' 0 100 200 300 600 900 1,200 1,500 Feet 5601 TABLE OF CONTENTS General Information .............. ............................... 4 Statement of Significance .......... ............................... 5 History...................................... ............................... 5 Contextual History ..................... ............................... 6 Architectural Distinction ............. ............................... 7 Eligibility Criteria ........................ ............................... 8 Design Review Guidelines .......... ............................... 9 Bibliography.......................... ............................... 10 Photographs.......................... ............................... 11 City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 3 I. GENERAL INFORMATION Historic Name: The D.J. Red Building 126 Sunset Drive Current Name: 5850 Sunset Drive Location: North Half of the Northeast Quarter of the Northeast Quarter of Section 36, Township 54 South, Range 40 East Present Owner: Androulakis Korres, Inc. 6335 SW 116th Street Miami, Florida 33156 -4813 Present Use: Commercial- Mixed Use Zoning District: Commercial- Medium Intensity Tax Folio Number 09- 4036 - 022 -0120 Boundary Description Lot 16 , W.A. Larkins Subdivision, as recorded in Plat Book 3, Page 198 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 4 II. SIGNIFICANCE Specific Dates: Original Construction: c. 1923 Rear Addition: mid -1940s Retail area Subdivided: 1948 Restaurant equipment installed: 1962 Restaurant Remodeling: 1984 Restaurant Remodeling: 1995 Original Architect: Unknown Original Builder/ Contractor: Unknown Statement of Significance The building at 5850 Sunset Drive is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins, which grew largely because of a relatively small group of early leaders. History The Plat for the W.A. Larkins Subdivision was recorded on June 28, 1915, making it among the first of nine recorded subdivisions in South Miami. This subdivision consisted of almost eight square blocks stretching from S.W. 59th Avenue (Pear) on the west; to S.W. 57th Avenue (Banana) on the east; and from Sunset Drive (County Road) on the north, to S.W. 74th Street (Pine) on the south. The subject property is located on southwest corner of Sunset Drive and S.W. 58th Court (County Road and Mango Street). The Miami -Dade County Property Appraiser's office lists the building's construction date as 1923: While not always correct, the county's records in this case are deemed to be accurate to within a few years. Not only was the plat filed in 1915, but a photograph dated c. 1925 illustrates the building in the background. That photograph is located in .the Paul Tevis' manuscript of South Miami's History, and while the quality of the copy is not the best, the building is clearly a part of the photograph. The first definitive evidence about the building occurs in September 1940. City Directories indicate that Mrs. Sudie Red lived at this address, until as late as 1944. An interior permit for remodeling dated 23 September 1940, also lists Mrs. Sudie Red as the owner. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 5 The Red family moved to the Town of Larkins from Oklahoma after the construction of the Florida East Coast Railroad, around 1914. They settled on the outskirts of town, where Red Road crosses Snapper Creek, built a home and began growing tomatoes. The Reds had two sons, Jesse and Ray, and one daughter, Josephine. An older daughter remained in Oklahoma. The 1930 census lists D.J., wife Sudie, and son Jesse all as residents of South Miami. D.J. Red was elected to the South Miami City Council on April 23, 1931 and served until August 15, 1932 when he resigned to become City Clerk. Mr. Red served as City Clerk until March 3, 1936 when he was replaced by Mrs. Sylva Martin who had been Assistant City Clerk since March 1931. After Mr. and Mrs. D.J. Red died, their son Jess Red inherited the property, he added a rear addition fronting onto S.W. 581h Court that, was leased to various automobile, paint and body shops through the 1950's. (There is no surviving building record for this addition). In 1948, the ground floor retail area fronting onto Sunset Drive was divided into three storefronts, and given separate street addresses. Mr. Red made other improvements to the property before selling it to Mr. George Andrews who installed a restaurant kitchen in the westernmost of the storefronts in 1962 for the Waffle Shop. Other retail operations occupied the other two storefronts until 1984 when the entire ground floor was remodeled for JJ's American Diner. The entire facility was again remodeled in 1995 for the current restaurant operator. Contextual Histo During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixfy -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 6 including the Methodist Church and the Riviera Theater (demolished.) By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933, the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately foursquare miles. III. ARCHITECTURAL DISTINCTION The style of this two story rectangular building constructed c.1923 is best described as Mediterranean Revival, an eclectic design based on prototypes from Spanish, Italian and Moorish architecture. The design was hugely popular during the 1920s Real Estate Boom, and came to characterize the region. The designs often featured irregular plans, courtyards, flat roofs or combinations of roof slopes in residential construction, and ornament concentrated around doors and windows. The principal roofing material was a clay or terra cotta barrel tile. The D.J. Red Building was designed for a ground floor retail operation with living quarters on the second floor, and continues to function in this fashion. The building is similar to the design of the Dorn -Martin drugstore located just west of this site at 5900 Sunset Drive, constructed c. 1925. Like the Dorn -Martin Drugstore, the building is constructed of masonry, with large expanses of stucco wall area. The embellishment of the Dorn -Martin Drugstore is concentrated on the curvilinear parapet that is flanked by a single row of tile coping. In the D.J. Red Building, the parapet rises in the center forming a triangular pediment, which is flanked on either side by tile coping. The elevations terminate on either end with the parapet rising to the height of the pediment's peak, in a straight line. The windows are replacements, probably dating to the 1984 remodeling. There is no record of the original appearance of the ground floor. Aerial photographs from the 1940's indicate that there were doors and windows fronting S.W. 58th Court but the scale and quality of the photograph do not give a clear picture. The rear addition had a bow - shaped roof terminated in a rounded masonry gable with a single garage door flanked by windows. The exterior masonry staircase on the west side is the only original ground floor architectural element. Alterations During the mid. 1940's a one -story addition to house an automotive shop was built on the south side. This addition was combined with the ground floor of the main building during the 1980's into a single space that housed a restaurant, and was then subsequently divided for two separate restaurants. The ground floor City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 7 retail space was divided into three stores in 1948 and restaurant equipment was installed in the westernmost of these bays in 1962 for the Waffle House Restaurant. Since that date, there has been a restaurant business in continuous operation at this location. The 1984 and 1995 alterations changed the ground floor openings and added a corner entry. The bow - shaped roof of the rear addition was leveled to accommodate roof - mounted equipment with the east gable squared off and the distribution and shape of openings in that elevation completely altered. Despite these changes, the second floor openings, the parapet, and west exterior staircase remain close to the original.. While the ground floor openings of the main building have been changed, the remaining wall portions still have the original stucco finish and the ornamental light fixtures along S.W. 58th Court, which maintain the style and spirit of the 1920's. Eligibility for Designation The proposed designation of the building at 5850 Sunset Drive, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards ": (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history, and: (c) Are associated with the lives of persons significant in our past, and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the building at 5850 Sunset Drive is recommended for local historic designation. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 8 Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the building at 5850 Sunset Drive the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects with Guidelines for Applying the Standards (1979) as may be amended. Specific: • Two story height • Parapet wall that peaks in the center with a pediment flanked on either side by a single row of coping, on the east and north elevations. • Prominent masonry sills below the windows of the second floor, east and north elevations • Rectangular stucco ornamental frame in relief, immediately below the parapet on the north elevation. • Exterior masonry staircase on west elevation. • Regularly- spaced rectangular window openings on the second floor of the north and east elevations. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami City Directory, R.L. Polk and Company, Publishers 1941, 1942 and 1944 Greater Miami Suburban Directory, R.L. Polk and Company, Publishers 1945 -1946, 1947, 1955, 1959, 1963, 1966, 1970 and 1975 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Taylor, Jean. Villages of South Dade.(St. Petersburg: Byron Kennedy and Company) 1985 ? Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 10 V tn Ar" f 12 fN. t"T 06/1 a/2005 Figure 3 View of West Side City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 12 Figure 4 View of South West Side with Rear Addition City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 13 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, August 28, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Mr. Ruiz de Castilla, Mr. Kurtzman and Ms. Shelley. Board members absent: Mr. Cooke - Yarborough and Ms. Dison. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearing on Historic Designations (a) BPB -06 -007: 5850 Sunset Drive (D.J. Red Building) (continuation from 7/31/06) Staff informed the Board that at the meeting of July 31, 2006 the consultant presented the designation report to the Board. At that meeting staff and Board agreed to carry over the item in order to allow the owners of the building enough time to prepare any type of response in regards to the designation. Ms. Anderson, one of the owners of the building clarified that if the property were designated the property would be entitled to the tax exemption for exterior improvements that contribute to maintaining the property, historic. Staff explained that the 10 year moratorium would be applicable to exterior improvements and the advantage of the tax exemption is that the owner would be taxed at the pre- improvement level /value. Staff also indicated that with the property being designated the building would be exempt from parking requirements. The applicant was pleased to hear the information regarding parking requirements and indicated her approval of the designation. Motion: Mr. Ruiz de Castilla motioned for approval to designate historical the property at 5850 Sunset Drive. Mr. Kurtzman seconded the motion. Vote: Approved 5 Opposed 0 ,mow U `+ INCORPORATED • 1927 • O RxV CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 25, 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 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff, Ms. Yates and Mr. Farfan. 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 Lauderman (Planning Board Secretary). V. Planning Board Applications / Public Hearing PB -06 -026 Applicant: City of South Miami Location: 5850 Sunset Drive AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL STRUCTURE LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting September 25, 2006 Page 2 of 3 Action: Staff explained that the Historic Preservation Board at its August 28, 2006 meeting reviewed the historic designation report for the commercial building located at 5850 Sunset Drive. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. In this case, the "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The historic designation of a commercial building at 5850 Sunset Drive is part of series of downtown buildings recommended for designation by the Historic Preservation Board. As stated in the designation report, Mr. O'Donniley noted that the building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s. Additionally, it is associated with a community that was just beginning to develop D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins. At this point, Mr. O'Donniley provided the following staff observations: (1) The D.J. Red Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD- OV) Specialty Retail, Hometown District Overlay ) zoning district. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building located at 5850 Sunset Drive be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. Planning Board Meeting September 25, 2006 Page 3 of 3 Chair Morton closed the public hearing. Mr. Morton asked if the owner of the residence was present at this meeting. Mr. O'Donniley replied the Ms. Mary Anderson (owner of the building) was not present; however, Ms. Anderson supported the historic designation. Motion: Ms. Yates moved to recommend approval of the designation report. Ms. Lahiff seconded the motion. Vote: Approved 7 Opposed 0 K:\PB\PB Minutes\2006 Minutes\PB MINS 9- 25- 06.doe Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305 -668 -7356 October 6, 2006 Ms. Mary Anderson Androualakis Korros, Inc. 6335 SW 116 Street Miami, FL. 33156 -4813 South Miami kTAMA I- Imedca C' 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. Dear Ms. Anderson: This communication is to inform you that the above item submitted by the Historic Preservation Board concerning the historic designation of your property located at 5850 Sunset Drive is now in ordinance format and is scheduled for first reading at the October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance, however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively, scheduled for the November 7, 2006 City Commission meeting. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the fmal sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely yours, l i S ford= 'lis AICP Acting Planning Director SAY P: \Comm Items\2006 \10- 17- 06\Applicant's Notice 5850 Sunset.doc 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of the Historic Preservation Board, the Environmental Review and Preservation Board, the City Commission, the* City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the members of the board. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except.that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an'llp -OW Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public Hearing Requirement.. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property.. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. B Im'cmLxim�a�'m< 9Oam y , Cp. -00 a > D y m C _ Z m L m 3 g�y��wmo,ZF., r3 cm CIO m= 2r %m-n �O � z a °cm$ ° @�= &E,a. `s m �X Dp Komi° wNpm�s SR O c �.Nm �om3mm�mm �C go39 <m O m < m ^ m 5° � m y m ' z m m p m° °m .93 amn ^n$s O9 ^�70s3 O.D m D c 0� 3mOg ° 3@Cm � 3a mc �. CD 9.8 Nwm m 0 m -gym m3 ^�.O�ca�m° —� v tv a-g m m n8 _ =v 3a�lm Kg j? mC � 1 � oam 3a_Z 3. 'm ,p' �0+, m o� ga n� =mom 6 m m�.m.NO °m Cl) ? rn am�m2• ��3m aa mm3 mmv U) 91 m2o0i 3m 3 ;�yma rn y, - m•7 g4 oap 3m C 5 mmm �ao m y s �,� om r handy guide to this week's `Best Bets' in TV and cable de gossip Ah your, ping goes better with . breakfast thaii The Ivtiaxni Herald, delivered. 1- 800 -441- RS nber 24 ... excited to sleep anyway. 1V1 E LET S DA CITY 5% with N BIRD VALS I AM FRIDAY N E, WEST Bass LeV17s a DOCKERS' U T L E T OWLET Br MOST >am'sonite "Company Stores • Nike Factory Store story Brand ;Shoes • Welcome Home Perfumania ::.over 45 brand -name stores! The stares listed are merely representative and not necessarily those participating in this sale. PRIME OUTLETS — FLORIDA CITY Intersection of FI Turnpike & US1 • 888- 545 -7198 '.... .:�...�...�:..�...�...�...�...' 47 OUR ANNUAL HOLIDAY cN INCREDIBLE VENDORS THISYEAR. Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, Housewares, Clothing, Crafts & More 0 Z } • ' a Bet Shira.Congre ation i7500 SW 120th Street • OS- 238 -2601 o 1� oz..' LU i 2 COURTESY [NOTICE I N CITY OF SOUTH MIAMI, FLORIDA ? 0 � On Tuesday, November 28, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will ,E hold Public Hearings to consider the following items: AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL;, APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING f OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING APINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE s FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OvI i OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, i QUALIFICATIONS, DUTIES, AND TERM. r AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF CODE BY DESIGNATING THE D.J. I ` THE CITY OF SOUTH MIAMI LAND DEVELOPMENT RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. i AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE, OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ` ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. i( ''AN ;ORDINANCE FOR A TECHNICAL AMENDMENT TO THE CITY OF. € :PROVIDING SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6M ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS 1N RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE 1 i 'FROM ANY WINDOW, DOOR OR'OPENING INTO A DWELLING. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS' 1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET IN SECTION 20 -42(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND .FORTH SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER ". OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT 1" AND THE CONSTRUCTION OF A SINGLE FAMILY NOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. ((( Above items can be inspected, in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at; 3057 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC - City Clerk. Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal,am/decislon made by this Board, Agency or Commission with respect to any matter considered ' at its meeting oY hearing, he or she will need a record of the proceedings, and that for such purpose, p 8- rsay;ne dd.to,ensure.that a ver�bati . record gf t prgpeegigg is made hictl reg i a ) 1 2 3 ORDINANCE NO.: 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 7 AMENDING SEC.2 -26.8 OF THE CODE OF ' ORDINANCES, ENTITILED 8 "BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; 9 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 10 CONFLICT; AND PROVIDING AN EFFECTIVE DATE .11 12 13 WHEREAS, the City of South Miami recognizes that a key function of government is sound 14 fiscal management and careful budget preparation in order to be able to provide a high level of municipal 15 services to its residents and businesses; and 16 17 WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor 18 requiring expertise and/or experience which is normally limited to professionals within the financial 19 management, accounting, auditing and municipal management fields; and 20 21 WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption 22 of an annual budget and of appointed staffs' administration of city operations, and; 23 24 WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff, 25 in providing said oversight, and; 26 27 WHEREAS, the City Commission desires to extend the length of service on the Committee to 28 ensure the Committee's ability to complete all assigned tasks; and, 29 30 WHEREAS, The City Commission also recognizes the lawful non - interference provisions of the 31 City Charter and the City Manager's contract. 32 33 34 NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 36 37 38 Section 1. The City of South Miami Code of Ordinances Section 2 -26.8 entitled "Budget 39 and Finance Committee," is amended to read as follows: 40 41 Sec. 2 -26.8. Budget and Finance Committee. 42 43 (a) Name. There is hereby created a Budget and Finance Committee. The committee shall 44 consist of no more than five members. 45 46 (b) Purpose. The purpose of the committee is to provide advice and recommendations to the 47 City Commission regarding the adoption and implementation of financially sound annual budgets and 48 investment policies. To accomplish this purpose, the committee is charged with reviewing and evaluating 49 the draft proposed budget, the City's investments, employee pension and other retirement accounts 50 examining ways to preserve existing revenue sources and exploring additional funding sources; - giving 51 advice to the City Commission on projected earnings of investments and desirable or necessary further I investments, revenue, expenditures and strategic planning (which includes analyzing existing service 2 levels and determining sufficiency and appropriateness). The Committee shall also review the annual 3 comprehensive audit report. 4 5 6 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as 7 provided for by the City Charter. The Mayor shall attempt to include representatives of the local business 8 community, residents, and accounting and finance experts, in the membership of the committee. The 9 initial appointments to the committee shall be for a term that expires on January 31, 2007. Appointments 10 to fill any vacancy on the committee will be for the unexpired term. The City Manager or designee may 11 serve as an ex officio member of the committee. 12 13 14 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city 15 hall at a convenient time to be decided by the committee members. The members may change the place 16 and time of a particular meeting by motion and a vote of the majority of members present at a regularly 17 scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to 18 hold meetings and take action. Additional special meetings may be scheduled and notice shall be given, 19 as provided in the city code for special meetings of the city commission; provided, however, that 20 scheduling special meetings shall require the vote or written request of a majority of the members. The 21 committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all 22 meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings 23 shall be properly noticed; open to the public and minutes shall be kept by recording and in written form. 24 Members shall serve without compensation. 25 26 27 (e) Administrative assistance. The City Manager or designee shall provide the committee 28 members with copies of quarterly and annual financial reports for the general budget and retirement 29 accounts as soon as they are available following the close of the quarter and the fiscal year. The annual 30 audit report and the proposed budget shall be delivered to the committee members not later than the date 31 they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other 32 account reports shall be made to the City Manager or designee and shall be provided to the Committee in 33 a timely manner. The City Manager or designee shall provide assistance to the committee, provided that 34 all requests are submitted in writing. Should the City Manager find any Committee request for 35 information or assistance unreasonable or disruptive to the normal operations of the City, the City 36 Manager may deny the request, providing to the Committee written grounds for the denial. The 37 Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission. 38 39 40 (f) Reports. The committee shall prepare a report of its budget and finance review to the 41 City Commission at or before the first public hearing in accordance with subparagraph 1(b). 42 43 44 (g) Sunshine laws. All meetings of the committee and of any two or more persons appointed 45 to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All 46 documents, including email communications, prepared by the committee or a committee member are 47 public records. 48 49 Additions shown by underlining and deletions shown by ever-strik-ing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 2. 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 3. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading 2 °d Reading READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney day of November, 2006 I:\»K111yIaa MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Additions shown by underlining and deletions shown by everst iking. 0 N < v N I mfg 5 �g �m n9 Imm�.oay�$< �� Cn oO�m C� Sca <_.v <m CD m r n 3 n� �mv o g a -HIS m$^.MI� g om m� r O mormm m m,2mfa•'t^ 1m O D CD `G g 'o .O�n S3Q$m.. 'rf� O X ° xT yC0C ca mN' =3%m maompmm O� a 9 z O a°g�$n� Fig !R �c D_S+,•—�99c 3rp D9 N_+ a. m m o- n$�m�''m�$g r� ,Ex mg'3mma ma s c m c •$� .��m�mmm a — 03 mm� <zo� o Al r Ago ?o •fi' m m 5F=. mm ng�' � � F' m 9gv %o 44 1 3.aYg5 mmA °m ^m a x wmmm > S'of ooccygnomm O1 mnm ypmm 3m"mm_o= N m III 3g�m�'g S. m m g m r m ❑ °- ° Rm��In m m 3 m m N ro p °o v mvo ' Rm 3 m g, ame g o g m- m o o ^3 m m r cmwgm o m m x m�mm om O m 'aa w mnw 3m R1 C o m =� m o� m I I I .. ;.v.. .. .r aa.: -:::,, v ,. •..... r s+..0 ,:...r..an� +t; n.- _ .: -. -- .-:g -. .y .., '..: e; .. is=..'rr. .. .-.. .. t fl....�. i J _ .-v er.�s -y- � fi. ... _. _... y._ r handy guide to this week's `Best Bets in TV an, d cable listing de gossip your grape �.. king goes better with breakfast than The Miarni Herald, delivered. 11.800 -"1- OPEN nber 24 ... excited to sleep anyway. J% with N BIRD LIALS I AM FRIDAY N E W E S TBass LeV1'S & DOCI<ERS" U T L E T,' OUTLET By MOST >armsonite �Corripany Stores •; Nike Factory Store tory`Bran:Shoes • Welcome Home • Perfumania ::.over 45 brand -name stores! The stores listed are merely representative and not necessarily those participating in this sale. PRIME OUTLETS — FLORIDA CITY Intersection of FI Turnpike & US1 888- 545 =7198 OUR ANNUAL HOLIDAY • BAZAAR IS HERE111 i INCREDIBLE VENDORS THISYEAR: Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, i Housewares, Clothing, Crafts & More Bet Shira Congregation 7500 SW 120th Street • 305- 238 -,2601 bo t'rrr COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, November 28, 2006, beginning at 7:30 p.m.., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE - ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE PROVIDING CERTAIN EXECUTION MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A,SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -Ov) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE,CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING. COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY OZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. 1 -AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" AMENDING MEMBERSHIP TERM; PROVIDING FOR- SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE, 'AN .ORDINANCE: PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF c SOUTH MIAMI: LAND DEVELOPMENT CODE, BY AMENDING SECTION 20 3.6(1) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS' IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOROROPENING INTO A DWELLING. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS "1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING. DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 2042(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MI MI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY NOME ON LOT.' "1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT T "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Above -items can be Inspected. in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at; 305- 663 -6326. .ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal am/dedsion made by this Board, Agency or Commission with respect to any matter considered �r u� maetine o heahno. he or she will need a record of the proceedings, and that for such purpose, O 0 N m w CA Z a 0 z Io � W ! Q E 2 jr i 0 a i� U) 0 South Miami CITY OF SOUTH MIAMI 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, City Manager From: Sanford A. Youkilis, Acting Planning Direct` Date: November 7, 2006 ITEM No. Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Background The City Commission on March 7, 2006 adopted Ordinance No. 09 -06 -1877 amending the Land Development Code in order to establish requirements and standards for the installation of permanent generators (Section 20- 3.6(T). In the past several months it was discovered that one criteria in the City's Land Development Code concerning the location of the generator was not consistent with the Florida Building Code. The criteria is the requirement that generators (and generator exhaust) be located at least five feet from any window, door or other opening. The Florida Building Code in Sections 401.5.1 and M 1602 (1)(2) both mandate that intake openings (windows, doors, other openings) must not be located within 10 feet of any hazardous or noxious contaminants. (Attached). The Planning Board at its October 10, 2006, after public hearing, voted 5 ayes 0 nays to recommend that the LDC Section 20- 3.6(T)(D)(4) pertaining the location of a generator be revised to read " be placed 10 feet from any window, door, or opening into the dwelling. " Recommendation: Following the Planning Board's meeting several members of the Administration have suggested that instead of a specific distance the amendment should read "located at a minimum distance... as set forth in the Florida Building Code ", so that City's LDC will not have to be changed if the Florida Building Code is revised. It is recommended that the proposed amendment with the revision stated in the previous sentence be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 10 -10 -06 Excerpt Planning Board Minutes 10 -10 -06 SAY P: \Comm Items\2006 \11 -7 -06 \LDC Tech Amend CM Report.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL 5 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 6 CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL 7 REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN 8 RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL 9 ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE 10 FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; 11 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND 12 PROVIDING AN EFFECTIVE DATE 13 14 15 WHEREAS, the City Commission on March 7, 2006 adopted Ord. No. 09 -06 -1877 amended 16 the Land Development Code to create Section 20- 3.6(T) establishing requirements and standards 17 for the installation of permanent generators; and 18 19 WHEREAS, it has been determined that one criteria in the City's Land Development Code 20 concerning the location of generators was not consistent with the Florida Building Code.; and 21 22 WHEREAS, the City's Land Development Code requires that generators (and generator 23 exhaust) be located at least five feet from any window, door or other opening, however, the Florida 24 Building Code in Sections 401.5.1 and M1602 (1)(2) mandates that intake openings (windows, 25 doors, other openings) must not be located within 10 feet of any hazardous or noxious 26 contaminants; and 27 28 WHEREAS, in order to assure that residents and applicants do not submit plans which will 29 not be accepted, t is proposed that subparagraph Section 20- 3.6(T)(D)(4) be amended to read "as 30 set forth in the Florida Building Code "; and 31 32 WHEREAS, the Planning Board at its October 10, 2006 meeting, after public hearing , 33 approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land Development 34 Code technical amendment pertaining to the location of generators be adopted; and 35 36 WHEREAS, the City Commission desires to accept the recommendations .of the Planning 37 Board and enact the aforesaid amendment. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 40 COMMISSION OF THE CITY OF SOUTH NIIANII, FLORIDA: 41 42 Section 1. That Section 20- 3.6(T)(D)(4) of the Land Development Code is hereby amended to 43 read as follows: 44 "(D) Criteria 45 (1) Location. Permanent generators shall only be permitted on improved property 46 with a principal structure and installed behind the front fagade of the structure. 47 (2) Setbacks. The generator shall be installed a minimum of 12. S feet from the side and 48 rear property lines. 49 (3) Noise. The maximum noise output from the generator cannot exceed 65dB 50 (decibels) at the minimum setback. 51 (4) Emissions. 52 (a) Generator shall be located at a minimum distance 53 away from any window, door, or other opening into the dwelling as set forth in 54 the Florida Building Code. rd 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 2 (b) Generator's exhaust shall be located at a minimum distance away fws from any window, door, or opening into the dwelling as set forth in the Florida Buildinz Code, and a minimum of I5 feet from any window, door, or opening of adjacent properties. (c) A battery powered carbon monoxide detector shall be purchased and placed at the nearest window, door, or opening into the dwelling. (d) The United States Environmental Protection Agency (EPA) and the California EPA Air Resources Board test and certify small engines for minimal emissions: (i) If the proposed generator is EPA or CARB certified, the generator shall be deemed to meet safe emissions standards. (ii) If the generator is not EPA or CARB certified, the Building Department shall make a determination if the generator submitted by the applicant will result in emissions performance which are equivalent to the above standards. (5) Electrical requirements, generally: a) Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent." Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this CITY CLERK I' Reading — 2nd Reading — 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: NOTE: New wording underlined; wording to be removed indicated by strike - through. P: \Comm Items\2006 \11- 7- 06\LDC Tech Amend Ord.doc v1PW1 '? _ " W�— South Miami kmAA All- AmedeaCRY 111 2001 To: Honorable Chair and Date: October 10, 2006 Planning Board Members From: Sanford A. Youkili C Re: LDC Amendment Acting Planning D r to� Generator Location: Technical Correction PB -06 -028 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND The City Commission on March 7, 2006 adopted Ord. No. 09 -06 -1877 amending the Land Development Code in order to establish requirements and standards for the installation of permanent generators (Section 20- 3.6(T). The process created is a two step operation requiring the Planning Department to review the location and site plan and the Building Department to review electrical, mechanical, structural and safety aspects of the applications. Approximately thirty applications have been processed. TECHNICAL CORRECTION In the past several months it was discovered that one criteria in the City's Land Development Code concerning the location of the generator was not consistent with the Florida Building Code. The criteria is the requirement that generators (and generator exhaust) be located at least five feet from any window, door or other opening. The Florida Building Code in Sections 401.5.1 and M 1602 (1)(2) both mandate that intake openings (windows, doors, other openings) must not be located within 10 feet of any hazardous or noxious contaminants. (Attached). LDC PROPOSED AMENDMENT It is proposed that subparagraph Section 20- 3.6(T)(D)(4) be amended to read: (new wording underlined, wording to be removed shown with strikethrough) "(D) Criteria (1) Location. Permanent generators shall only be permitted on improved property with a principal structure and installed behind the front fagade of the structure. LDC Amendmentl October 10, 2006 Page 2 of 2 (2) Setbacks. The generator shall be installed a minimum of 12.5 feet from the side and rear property lines. (3) Noise. The maximum noise output from the generator cannot exceed 65dB (decibels) at the minimum setback. (4) Emissions. (a) Generator shall be installed at least five 10 ten feet away from any window, door, or other opening into the dwelling. (b) Generator's exhaust shall be placed 10 ten feet from any window, door, or opening into the dwelling, and a minimum of 15 feet from any window, door, or opening of adjacent properties. (c) A battery powered carbon monoxide detector shall be purchased and placed at the nearest window, door, or opening into the dwelling. (d) The United States Environmental Protection Agency (EPA) and the California EPA Air Resources Board test and certify small engines for minimal emissions: (i) If the proposed generator is EPA or CARB certified, the generator shall be deemed to meet safe emissions standards. (ii) If the generator is not EPA or CARB certified, the Building Department shall make a determination if the generator submitted by the applicant will result in emissions performance which are equivalent to the above standards. (5) Electrical requirements, generally: a) Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent. " RECOMMENDATION The correction to the criteria section as shown above will bring the City's requirements in line with the Florida Building Code and will avoid any misunderstanding during the permitting . process. It is recommended that the proposed technical amendment be approved. Attachments: Ordinance No. 09 -06 -1877 Building Code Sections 401.5.1 and M1602 (1)(2) Public Notices SAY P:\PB\PB Agendas StaffReports\2006 Agendas Staff Reports \10- 10- 06\PB -06 -028 LDC Tech Amend Report.doc ORDINANCE NO. 0 9- 0 6 -18 7 7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING - FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of South Miami have asked the City to create provisions for permanent generators in residential areas; and WHEREAS, the proposed ordinance is based upon the most current national and local standards for safety, nuisance control, and environmental health; and WHEREAS, the Planning Board at its January 31, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nays, recommending approval of the proposed amendment; and WHEREAS, the Mayor and City Commission desire to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIA 9, FLORIDA THAT: Section 1. The South Miami Land Development Code is hereby amended by adding a . new Section as follows: SECTION 20.3.6.(S) GENERAL REOUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS (A)Intent and Purpose The intent and purpose of this section is to regulate the use and installation of permanent generators in residential zone districts using standards listed herein (B) Definitions For purposes of this section, the following definitions shall apply Decibel — A logarithmic measure of sound Pertaining to generators the required decibel level of the generator shall be listed in the generator manual or be measured Ord. No. 09 -06 -1877 by a sound engineer or other qualified individual as approved by the Building Department. Decibel Measurement — Decibels shall be measured according to industry standards by a qualified individual at the abutting property line. Externals -filled generator — A permanent generator which receives fuel from an external source, thus needing to be manually refueled in order to work properly_ This is accomplished through pouring fuel into an intake area (e.g. gasoline) or connecting containers of fuel to an intake valve (e.g. propane). Internally -filled generator — A permanent generator which receives fuel from an internal source. This is accomplished through a permanent connection to a fuel source, thus avoiding manual refueling (e.g. natural gas) (C) Submittal Requirements (1) Installation of permanent generators in two - family, townhouse, or multi- family zone districts shall be subject to all requirements set forth in this Section and shall also be required to receive approval via the Special Use process, in accordance with procedures set forth in Section 20 -5.5. 2) Installation of permanent generators in all residential zones shall undergo the following_ process: (1) Planning Department Submittal: (a) Site plan drawings and specifications shall be submitted showing the location of the properly, the placement of - the generator on the property, location of all doors, windows and other openings into the dwelling and each distance from the generator, measurements and placement of exhaust of the generator, setback from abutting property(ies), and screening —type, size, and measurements. (b) A Copy of the generator's user manual, listing specifications for the generator. Lc) Ay other information as deemed necessary the Planning Department. (2 B) uilding Department Application —Upon site plan and screening approval by the Planning Department, an application and submittal process to the Building Department shall have the following requirements: (a) enumerated list of each electrical device that will be input into the generator, the required amount of voltage needed to power the electrical device, and calculations showing the a output of the generator is not exceeded by the jpput of electrical devices (b) Proof of purchase of an indoor, battery- powered carbon monoxide detector. (,c) Signed affidavit by a licensed electrician stating the installation will follow the requirements of this ordinance, any other applicable city Ord. No. 09 -06 -1877 ordinances, the National Electric Code, the Florida Building Code an d any other requirement of law having iurisdiction over the process listed herein. (d) Approved Planning Department information listed in (C)(1) of this ordinance. (e) AU other information as deemed necessary by the Building Department. (3) If the generator is an externally fuel filled generator, then the applicant shall submit the following to the Planning Department and the Building Department: (a) Description and specifications of the type of containers that will be used to store the fuel. (b) The area at the dwelling where the fuel will be stored. (c) Fuel containers shall be kept outside pursuant to the "South Florida Fire Prevention Code ", Chapter 14 - Article III of the Miami -Dade County Code of Ordinances and shall be held in an approved area and properly screened (D) Criteria 1) Location. Permanent generators. shall onl-L-be permitted on improved propert with a principal structure and installed behind the front facade of the structure (2) Setbacks. The generator shall be installed a minimum of 12.5 feet from the side and rear property lines. (3) Noise. The maximum noise output from the generator cannot exceed 65dB (decibels) at the minimum setback. (4) Emissions. (a) Generator shall be installed at least five feet away from any window, door, or other opening into the dwelling. (b) Generator's exhaust shall be Rlaced five feet from any window, door, or opening into the dwelling, and a minimum of 15 feet from any window, door, or opening of adjacent properties. (c) A battery-powered carbon monoxide detector shall be purchased and placed at the nearest window, door, or opening into the dwelling. (d) The United States Environmental Protection Agency (EPA) and the California EPA Air Resources Board test and certify small engines for minimal emissions: (i) If the proposed generator is EPA or CARE certified the generator shall be deemed to meet safe emissions standards. (ii) If the generator is not EPA or CARB certified the Building Department shall make a determination if the generator submitted by the applicant will result in emissions performance which are equivalent to the above standards. (5) Electrical requirements, generally: a) Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent. 3 of 5 ,Ord. No. 09 -06 -1877 b) The input of electrical devices into the generator shall not exceed the output of the generator. c) Any change in electrical inputs into the generator shall receive prior approval from the Building Department and shall be performed by a licensed electrician. Applicant shall resubmit all- necessary items listed in Section C herein. d) The generator shall be certified by the Underwriters Laboratory (UL) electrical safety. (6) Gas Supply, internally_ a) An internal gas supply into a generator shall be installed by an appropriate licensed professional and the professional shall obtain all proper and necessM permits. b) All specifications and information concerning an internal gas feed shall be submitted with all other necessary information required. () Gas Supp1L externally (a) In order to assure safety from fumes, spillage, and other safety precautions, the Building Department shall examine and have the power to approve: (i) Type of fuel: (ii) Fuel storage containers, and, (iii) Outdoor fuel holding area (b) The Planning Department will examine site plans for an outside fuel storage area and appropriate screening. (c) The applicant shall submit all information required under (D)(2)(g) of this ordinance. Usage The use of permanent generators shall be permitted only during the following_ (1) General power outage. (a) shut-off immediately after utilities are restored (2) Testing. (A)-Shall be as set forth in the manufacturer's specification for the installed unit. (b) Only during the period 9:00 AM to 5:00 PM (b) Testing shall not exceed 30 minutes Fees 1) A $50 fee shall be paid to the Planning Department as part of the site plan inspection. (2) Additional fees shall be established pursuant to Ordinance No. 15 -04 -1822 as amended, "Processing Fee Schedule ", of the Ci jy of South Miami. (3) If the generator is externally filled, or does not meet emissions certifications standards, the Planning Department or Building Department may have to assess 4 of 5 Ord. No. 09 -06 -1877 additional fees to the Uplicant for research into whether or not the generator meets safe emissions standards. (G) Final Inspection (1) Applicant shall setup a final site plan inspection with the Planning Department within seven B days of final installation and screening Of permanent generator and outdoor fuel storage area, where applicable. (2) No later than six months following the approval for a permanent generator, the applicant shall schedule a final inspection with the Department for verification and acceptance of the final work authorized. (3) Failure to meet final inspection deadlines shall: (a) Prohibit the installation and use of the permanent generator, and fib) Cancel the application process and force applicant to reapply to the Planning Department and Building Department and pay all appropriate fees, or (cj Force the applicant to immediately remove the generator from the property with notice, if there is no compliance Section 2. 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 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2006 ATTEST: C'w ' CLERK Id Reading - 2/ 21 / 0 6 2n' Reading - 3 / 7 / 0 6 READ AND APPROVED AS TO FORM: CITY ATTORNEY E:1Comm Items1200613- 7 -061PB -06 -003 LDC Amend Generator Ord.doc p APPROVED- Q Cc, --A �� 0 MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer. Yea Commissioner Birts- Cooper: Yea Commissioner Beclanan: Yea CHAPTER 4 VENTILATION SECTION 401 GENERAL 401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be occupied. This chapter does not govern the requirements for smoke control systems. 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. 401.3 When required. Ventilation shall be provided during the periods that the room or space is occupied. 401.4 Exits. Equipment and ductwork for exit enclosure venti- lation shall comply with one of the following items: 1. Such equipment and ductwork shall be located exterior to the building and shall be directly connected to the exit en- closure by ductwork enclosed in construction as required by the Florida Building Code, Building for shafts. 2. Where such equipment and ductwork is located within the exit enclosure, the intake air shall be taken directly from the outdoors and the exhaust air shall be discharged di- rectly to the outdoors, or such air shall be conveyed through ducts enclosed in construction as required by the Florida Building Code, Building for shafts. 3. Where located within the building, such equipment and ductwork shall be separated from the remainder of the building, including other mechanical equipment, with construction as required by the Florida Building Code, Building for shafts. In each case, openings into fire- resistance -rated construc- tion shall be limited to those needed for maintenance and oper- ation and shall be protected by self - closing fire - resistance -rated devices in accordance with the Florida Build- ing Code, Building for enclosure wall opening protectives. Exit enclosure ventilation systems shall be independent of other building ventilation systems. 401.5 Opening location. Outdoor air exhaust and intake open- ings shall be located a minimum of 10 feet (3048 mm) from lot lines or buildings on the same lot. Where openings front on a street or public way, the distance shall be measured to the cen- terline of the street or public way. Exception: Group R -3. 401.5.1 Intake openings. Mechanical and gravity outside air intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious contaminant, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise speci- fied in this code. Fresh air intakes shall not be located closer than 10 feet (3048 mm) from any chimney or vent outlet, or I I sanitary sewer vent outlet. . 401.5.2 Exhaust openings. Outdoor exhaust openings shall be located so as not to create a nuisance. Exhaust air shall not be directed onto walkways. 401.5.3 Flood hazard. See Section 301.14. 401.6 Outdoor opening protection. Air exhaust and intake openings that terminate outdoors shall be protected with corro- sion- resistant screens, louvers or grilles. Openings in louvers, grilles and screens shall be sized in accordance with Table 401.6, and shall be protected against local weather conditions. Outdoor air exhaust and intake openings located in exterior walls shall meet the provisions for exterior wall opening protectives in ac- cordance with the Florida Building Code, Building. TABLE 401.6 OPENING SIZES IN LOUVERS, GRILLES AND SCREENS PROTECTING OUTDOOR EXHAUST AND AIR INTAKE OPENINGS For SI: 1 inch = 25.4 mm. 401.7 Contaminant sources. Stationary local sources produc- ing air -borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accor- dance with Chapter 5 or a means of collection and removal of the contaminants. Such exhaust shall discharge directly to an approved location at the exterior of the building. SECTION 402 NATURAL VENTILATION 402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows, doors, louvers or other open- ings to the outdoors. The operating mechanism for such open- ings shall be provided with ready access so that the openings are readily controllable by the building occupants. 402.2 Ventilation area required. The minimum openable area to the outdoors shall be 4 percent of the floor area being venti- lated. FLORIDA BUILDING CODE — MECHANICAL 4.1 1-1 170 MINIMUM AND MAXIMUM OPENING SIZES IN LOUVERS, GRILLES AND SCREENS MEASURED IN ANY OUTDOOR OPENING TYPE DIRECTION Exhaust openings Not <'/4 inch and not >'/2 inch Intake openings in residential Not <' /4 inch and not >'/2 inch occpancies Intake openings in other than >'/4 inch and not > 1. inch residential occupancies For SI: 1 inch = 25.4 mm. 401.7 Contaminant sources. Stationary local sources produc- ing air -borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accor- dance with Chapter 5 or a means of collection and removal of the contaminants. Such exhaust shall discharge directly to an approved location at the exterior of the building. SECTION 402 NATURAL VENTILATION 402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows, doors, louvers or other open- ings to the outdoors. The operating mechanism for such open- ings shall be provided with ready access so that the openings are readily controllable by the building occupants. 402.2 Ventilation area required. The minimum openable area to the outdoors shall be 4 percent of the floor area being venti- lated. FLORIDA BUILDING CODE — MECHANICAL 4.1 1-1 170 Duct penetrations through any part of the ceiling, walls or floor of a mechanical closet shall have sufficient space between surrounding ceiling, walls or floor and any duct or plenum pen- etration to allow for sealing of the penetration and inspection of the seal. Clothes washers, clothes dryers, combustion water heaters and atmospheric combustion furnaces shall not be located in mechanical closets used as return air plenums. M1601.10.1 Approved air barriers. The following air bar- riers are approved for use in mechanical closets: 1. One -half inch (12.7 mm) thick or greater gypsum wallboard, taped and sealed. 2. Other panelized materials having inward facing sur- faces with an air porosity no greater than that of a duct product meeting Section 22 of UL 181 which are sealed on all interior surfaces to create a continuous air barrier. M1601.10.2 Approved closure systems. The following closure systems are approved for use in mechanical closets: 1. Gypsum wallboard joint compound over taped joints between gypsum wallboard panels. 2. Sealants complying with the product and application standards of Section M1601.6.3.1 for fibrous glass ductboard; 3. A suitable long -life caulk or mastic compliant with the locally adopted mechanical code for all applica- tions. M1601.11 Enclosed support platforms. Enclosed support platforms located between the return air inlet(s) from condi- tioned space and the inlet of the air handling unit or furnace, shall contain a duct section constructed entirely of rigid metal, rigid fibrous glass duct board, or flexible duct which is con- structed and sealed according to the respective requirements of Section M1601.3 and insulated according to the requirements of Section 13 -610 of Chapter 13 of the Florida Building Code, Building. The duct section shall be designed and constructed so that no portion of the building structure, including adjoining walls, floors and ceilings, shall be in contact with the return air stream or function as a component of this duct section. The duct section shall not be penetrated by a refrigerant line chase, refrigerant line, wiring, pipe or any object other than a component of the air distribution system. Through -wall, through -floor and through- ceiling penetra- tions into the duct section shall contain a branch duct which is fabricated of rigid fibrous glass duct board or rigid metal and which extends to and is sealed to both the duct section and the grille side wall surface. The branch duct shall be fabricated and attached to the duct insert in accordance with Section M 1601.5 or Section M1601.6.3, respective to the duct type used. M1601.12 Condensation. Provisions shall be made to prevent the formation of condensation on the exterior of any duct. M1601.13 Location. Ducts shall not be installed in or within 4 inches (102 mm) of the earth, except where such ducts comply with Section 1601.17. DUCT SYSTEMS M1601.14 Mechanical protection. Ducts installed in loca- tions where they are exposed to mechanical damage by vehi- cles or from other causes shall be protected by approved barriers. M1601.15 Weather protection. All ducts including linings, coverings and vibration isolation connectors installed on the exterior of the building shall be adequately protected against the elements. M1601.16 Registers, grilles and diffusers. Duct registers, grilles and diffusers shall be installed in accordance with the manufacturer's installation instructions, and shall have a flame spread rating not over 25 without evidence of continued pro- gressive combustion and a smoke - developed rating not over 50 when tested in accordance with ASTM E 84. Balancing damp- ers or other means of supply air adjustment shall be provided in the branch ducts or at each individual duct register, grille or dif- fuser. M1601.17 Underground ducts. Ducts shall be approved for underground installation. Metallic ducts not having an ap- proved protective coating shall be completely encased in a minimum of 2 inches (51 mm) of concrete. M1601.17.1 Slope. Ducts shall slope to allow drainage to a point provided with access. M1601.17.2 Sealing. Ducts shall be sealed and secured prior to pouring the concrete encasement. M1601.17.3 Plastic ducts and fittings. Plastic ducts shall be constructed of PVC having a minimum pipe stiffness of 8 psi (55 kPa) at 5- percent deflection when tested in accor- dance with ASTM D 2412. Plastic duct fittings shall be con- structed of either PVC or high- density polyethylene. Plastic duct and fittings shall be utilized in underground installa- tions only. The maximum design temperature for systems utilizing plastic duct and fittings shall be 150 °F (66 °C). SECTION M1602 RETURN AIR M1602.1 Return air. Return air shall be taken from inside the dwelling. Dilution of return air with outdoor air shall not be prohibited. *M1602.2 Prohibited sources. Outside or return air for a forced -air heating or cooling system shall not be taken from the following locations: 1. Closer than 10 feet (3048 mm) from an appliance vent outlet, a vent opening from a plumbing drainage system or the discharge outlet of an exhaust fan, unless the outlet is 3 feet (914 mm) above the outside air inlet. 2. Where there is the presence of flammable vapors; or where located less than 10 feet (3048 mm) above the sur- face of any abutting public way or driveway; or where lo- cated at grade level by a sidewalk, street, alley or driveway. 3. Aroom or space, the volume of which is less than 25 per- cent of the entire volume served by such system. Where connected by a permanent opening having an area sized in accordance with ACCA Manual D, adjoining rooms or spaces shall be considered as a single room or space for ...��,. , ... _. .... ..,. 'fl4�5r"�er„^; *"m.:-� ,,.sue,- r,i.'S:�a,-ar,iv V-17/2006 19:23 3056664591 PAGE 02 Stultz Harry,, Bulidin subject; Expedites of the exterior Installation of Electrical Category 38, packaged generators (internal combustion engine).' I' f there_ is no field run. exhaust piping,, insulation, .radiator duct, room ventilation, remote oil or gasoline storage; a mechanical permit is not required. We shall review the applications for compliance to the following requirements. Florida Building Code requirements for Internal Combustion Engine Exhaust (Generators, Pumps, etc.): -•, M1602.2 P.rphlbited_sour�ces. �3utSide or return air fo - . „ r a forced -air Beating or cooling system shall not. be taken frorrr the following location's: _ 1. Closer then 10 feet (3048 mm) from an appliance vent outlet, a vent opening from a plumbing drainage system or the'discharge outlet of an exhaust fan unless the outlet is 3 feet (914 mm) above the outside alr-.iniet, 2. Where there is the presence of flammable vapors; or where located less than 10 feet (3048 mm) above the surface of any abutting pubilcway or driveway; or where Ibcated at grade level by a sidewalk, street, alley or driveway. * W M401.5.'1 Intake openings. Mechanical and gravity outside air Intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious contaminant, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise specified in this code. Fresh-air intakes shall not be located closer,than 10 feet (3048 mm) from any chimney or vent outlet, or sanitary sewer vent outlet. Windows, doors and other openings Into the structure are intake openings, In other words, keep the exhaust from gett,'ng into the building When possible, phis not dimensioned or clear, should be noted to bomply with to above code references. Disposition.will bean " "N "" indicating that no mechancial work is required and the above. requirements are satisfied. Should the requiremenfs not be satisfied, enter a " "p " and remarks explaining tha reason for rejection. Hurry Stultz, Mechanical Section ,Supervisor Miami -Dade County Building Department 11805 S.W. 26 Street, Room 208 Miami, Norida 33175••2474 (786) 215.2037 Phone' (7$8) 8162807 Fax www. miamidad9.govlbldg Merwering Excellence Every Doy" i sour f .a, U DRAFT • INCORPORATED 1927 OR10 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, October 10, 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, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: Ms. Lahiff and Ms. Yates. City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing (A)PB -06 -028 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Youkilis stated to the Board that on March 7, 2006 the City Commission adopted Ord. 09 -06 -1877, which amended the Land Development Code in order to establish requirements and standards for the installation of permanent generators (section Planning Board Meeting October 10, 2006 Page 2 of 2 20- 3.6(T). He also noted that the process created is a two step operation requiring the Planning Department to review the location and site plan and the Building Department to review electrical, mechanical, structural and safety aspects of the applications. Mr. Youkilis indicated that in the past several months it was discovered that one criteria in the City's Land Development Code concerning the location of the generator was not consistent with the Florida Building Code which requires at least 10 feet. The criteria is the requirement that generators and generator exhaust be located at least five feet from any window, door or other opening. Mr. Youkilis explained that the proposed LDC amendment was located in subparagraph Section 20- 3.6(T)(D)Criteria (4) Emissions. Additionally, Mr. Youkilis noted that the new wording is underlined and wording that is to be removed is shown with strikethrough. (D) Criteria (4) Emissions. (a) Generator shall be installed at least fwe 10 ten feet away from any window, door, or other opening into the dwelling. (b) Generator's exhaust shall be placed -fwe 10 ten feet from any window, door, or opening into the dwelling, and a minimum of 15 feet from any window, door, or opening of adjacent properties. The Board agreed with staff in changing the distance requirement for the generators and generator's exhaust to be amended from five feet to ten feet away from any openings, windows and doors. RECOMMENDATION Mr. Youkilis stated that the correction to the criteria section as explained would bring the City's requirements in line with the Florida Building Code and will avoid any misunderstandings during the permitting process. Mr. Youkilis recommended that the proposed technical amendments be approved. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker Opposed Mr. Tucker stated he preferred that the generator be installed at 15 feet of any window or doors and that the same be done with the generator's exhaust. He indicated that he bought a guardian brand generator but that no inspector has gone for the final inspection of the unit. Chairman Morton closed the public hearing. Motion: Mr. Comendeiro moved to recommend approval of the amendment. Mr. Davis seconded the motion. Vote: Ayes 5 Nays M C m co V I fo maOmmJ m> m �9?p pm �m� m G m m 6 0 ". ¢� mm � m J -D C— C" � Qn yNQ op mC' .5 CO C m G oai 3 �. ss 9h 9 &' - g i m p amcm �a, _2'F.. �8m$o3gw�om� :� a m c C np m� m=zmf 9mo O w ? m 'n �lg�ga'mmm3m sum rn iSc x mN amo= 'R`mmm moompm� rr PD mz m O v m1DV�• �'�g� y0 z2 a _mm S� 3p m �. mngm z ^v z� GD �CCmO y CO S v 3a ma cscm i 77m mmH.F��� m =qi m N. 3 E.. QZ oo raac pia m m Zc.mm4o nd� 8 xC n m y m co�agmm��m .c c�3m3 x.82- O mca -'u7'3 O �Smm m� x ni rn �m;g�. u 4 m mN0 m. am i�% g °per mm3opccy3mgp'mmmm��ii o��dm Cmm a5 mm3.paimmv C m °10 `�°$mm =d�;Hma m Y m1mmm $am m 3mm C _° m I._ ••��r•r.it•�rr�w����r. r.�r.�rr�r.���r.�rr�• 001 147 nber 24 ... excited to sleep anyway. M E LE T S DA CITY ►� 5% with Save 20% with .Y BIRD THANKSGIVING :CIALS WEEKEND COUPONS 3 AM FRIDAY FRIDAY - SUNDAY ONLY (after 8 AM) N E W E S T Ba LeVIS & DOCI<ERS' T L E T' s s OUTLET BY MOST mamsonrte; Company Stores • Nike Factory Store ,tort' Bragd Shoes • Welcome. Home - Perfumania ...over 45 brand -name stores! The stores listed are merely representative and not necessarily those participating in this sale. PRIME OUTLETS'- FLORIDA CITY intersection of FI Turnpike & US1 • 888- 545 -7198 AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA ' a MUNICIPAL LOAN COUNCIL;. APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL, PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING I OF SUCH LOAN, AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF 1 THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-0\0 OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. } AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE,CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE'(HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26,10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM, i AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF ` THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -014 OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE, OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICTAND PROVIDING AN EFFECTIVE DATE ;AN ORDINANCE PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF a SOUTH MIAMI LAND DEVELOPMENT CODE; BY AMENDING SECTION 20 i 3.6 " ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT I .GENERATORS IN . RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT I A.' TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE PROM ANY WINDOW, DOOR OR'OPENING INTO A DWELLING. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS j 1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, I SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING j DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20 -4.2 B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT' "1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE: I Above items can be inspected. in the City Clerk's Office, Monday - Friday during regular office hours, If you have any inquiries on the above items please contact the City Clerk's office at: 305 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Fursuard to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting of hearing, he or she wilt need a record of the proceedings, and that for such purpose, u7y�kl iisy, nega io ensurg.ma[ r�_oznr� 9ME9�r „Fn_e �rgceea�t s q_ jrL7 'I South Miami Au- Am�icaCny -•• CITY OF SOUTH MIAMI 1111. INCORPORATED OFFICE OF THE CITY MANAGER atv INTER- OFFICE MEMORANDUM zoo, To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: November 28, 2006 ITEM No.v13- Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 111" AND 112" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT"; AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT 111" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT 112 "; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Request: The applicant, ELR Investment LLC. has submitted Application No. PB -06 -025 requesting for Waiver of Plat in order to divide a 1.07 acre tract of land described as property Folio 09- 4025- 000 -0260 located at 6240 SW 65 Ave.. The applicant wishes to divide the tract into Lot 1 with 15,144 square feet of lot area and Lot 2 with 18,734 square feet of lot area. Both parcels will face a new street SW. 63rd Terrace. The applicant is proposing to build a single family home on each lot. Background: The proposed wavier of plat would create parcels that have lot sizes larger than required by the land development regulations for RS -3. An analysis of the size of 87 surrounding lots within the standard 500 foot radius indicates that the both lots would be larger than all but three of the surrounding lots. The applicant is dedicating the east 25 feet of the property along SW 65th Avenue for right -of -way. This will allow for the future widening of the street at this location to the required 50 feet width. The applicant will also be constructing a new 50 foot wide SW 63rd Terrace and each lot will front on that street. The City's Site Plan Review Committee , the Planning Department and the Planning Board (September 14, 2006) all recommended a condition that the applicant's original T- street end should be redesigned as a semi - circle (cul- de -sac) which will improve emergency vehicle turn around and will provide a full continuous frontage.for Lot 2. The applicant, however, was advised by the City's Public Works Department, that a cul -de sac must meet County standards requiring a 100 foot diameter. The applicant indicated that meeting the County standard would be a hardship and would significantly reduce the size of the two proposed lots. The applicant requested that the Planning Board re- consider its cul -de -sac condition and allow the T- street end. 3. 2 Planning Board Action: The Planning Board at its November 14, 2006 conducted a second public hearing and reconsidered its condition requiring a cul -de -sac street end. A motion was adopted by a vote of 6 ayes 0 nays recommending approval of the proposed waiver of plat as set forth on Exhibit `B" (dated October 23, 2006) which allows for a T shaped street end. No other conditions were set forth. Recommendation: It is recommended that the waiver of plat request as recommended by the Planning Board be approved. Backup Documentation: Resolution Planning Department Staff Report, 11 -14 -06 Application Location Map Letter of Intent Waiver of Plat Survey (Oct 23, 2006) Public notices SAY P: \Comm Items\2006 \11- 28- 06 \PB -06 -025 Waiver PIat6240 SW 65 Ave CM Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE 6 CREATION OF LOTS 4" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 7 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW 8 DENSITY RESIDENTIAL ZONING - DISTRICT "; AS PERMITTED BY PROVISIONS 9 PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20- 4.2(B) OF THE 10 SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI 11 DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW 12 FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT 4" AND THE 13 CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2" PROVIDING FOR A 14 LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, ELR Investment, Inc. has submitted Application No. PB -06 -025 pursuant 18 to Section 20- 4.2(b) of the Land Subdivision Regulations requesting approval of a Waiver of Plat 19 in order to divide into two lots a 1.07 tract of land legally described as property Folio 09- 4025 - 20 000 -0260 and located at 6240 SW 65th Avenue; and 21 22 WHEREAS, the purpose of the waiver of plat application is to divide the tract into Lot 1 23 with 15, 144 square feet of lot area and Lot 2 with 18,734 square feet of lot area and construct a 24 single family homes on each lot and 25 26 WHEREAS, Planning staff recommended approval of the application for said waiver of 27 plat, based upon the merits of the application as it relates to the criteria set forth in the Land 28 Development Code; and 29 30 WHEREAS, the Planning Board at its meeting on November 14, 2006, after a public 31 hearing, adopted a motion by a vote of 6 ayes 0 nay recommending approval of the waiver of 32 plat application; and 33 34 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 35 accept the recommendation of the Planning Board. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 39 40 Section 1. The Planning Board Application No. PB -06 -025 submitted by ELR Investment 41 Inc. requesting approval of a Waiver of Plat in order to divide into two lots a 1.07 acre tract 42 of land legally described as property Folio 09- 4025- 000 -0260 and located at 6240 SW 65" 43 Avenue, is hereby approved. 44 45 Section 2. The approval of the requested waiver of plat includes Exhibit "B Waiver of 46 Plat for 6240 SW 65 Avenue prepared by Mario Prats, Jr. & Associates, Inc. submitted to the 47 City and dated 10 -23 -06 which is attached and incorporated herein. 48 49 50 1 2 3 (2) 4 5 6 7 Section 3. LEGAL DESCRIPTION Parent Tract: See Exhibit `B" 8 9 Section 4. This resolution shall take effect immediately upon approval. 10 11 12 13 PASSED AND ADOPTED this day of , 2006. 14 15 16 ATTEST: APPROVED: 17 18 19 20 CITY CLERK MAYOR 21 22 Commission Vote: 23 READ AND APPROVED AS TO FORM: Mayor Feliu 24 Vice Mayor Wiscombe: 25 Commissioner Palmer: 26 Commissioner Birts- Cooper: - 27 Commissioner Beckman: 28 CITY ATTORNEY 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 P: \Comm Items \2006 \11- 28- 06\PB -06 -025 Waiver of Plat 6240 SW 65 Ave Resol.doc 46 47 48 49 50 A T T "- # Q1 "FIRST ADDITIONiTO NUEVO MUNDO" a o I z i i (631.20) S¢ Bloc W lq - 4 - 1 ^ (Lot (Lot 3) 4) I A ______• ______L________ NOO °1 ^E138.58' mnow 1 � L � --- 6't 11YEASEMEM 138.58' - - -ny. _ys_ ---------------- tl2�AC {s o °s"°o v nl Bic ° NTo ° II f����+i iI �F m O # C m Q: Son- —•�la o N Lam.; m I $ , 3 .00.00.00 N I x.92. °6g I 1 Ova i o o t �71 u ► a ) i 1 1z Z m N ; : c ,Tz � o N :m z I_ y, a 1 I n C Ip _ r� O m of O I N m N FS' v z 1 iaar unDyr I. I m I {I I I j 25' 6 25' —-- 25' - � ND- $ g u x � f �fm / o I >' ------ - - - - -- N '----- ° - - - -j - av °.. 83.12 mwu I f F r i a NOW 18'OB"E 138.02' gpQQgqQQ r(a 0'. Ell S1g' fNi_+ 25 RIphtby" Ded�°tl°n N by thh PI°1 0! / a, 3g3g O 336.98 y \ \\ d —_ 13)90 1 Fill!! O SS "O m� -��30 a — ,CD 9000 99F N 18.J' PwansR � (Gmodcbndlllen) Y � ' __ ______ ____ ____ ___ _____ - -_ L- L_____- _______ - -(. _ _ "MERTON PARK" (57 -54) I n Q O (Lot 28) (lot 27) Block'- 5 -. (Lot 26) 1 (Lot 25) s g 7 NQS N' 'p � �o ;3'J I _ s s 4...m gp. °Q,mR aS.Q gn 82 8A S.W._6)ttt AVE.. if B DI i EiE E i� i Q 2i a s m 4 I aI-Dj £— we.ca I�r Z`m >i ��pp� $ y pa Q.F �I Zs� S.W. 65t AVE. c bm L y.. S:°,. ^mJP 3a =m. �g - I(nl- D� 4 @a Ilk! �I A n m J a9qS I !F o ff B �) a ���;� ,,.-� �-�� �.� .. •�;: � ten,:.. � a _ ,. .� . � v��,.�,��.�•,��. �� _ �:� ��. x.: a� so Ur South Miami Al *America City rU " � INCORPORATED � 4927 R10 2001 To: Honorable Chair and Date: November 14, 2006 Planning Board Members From: Sanford A. Youkilis Re: Waiver of Plat: Second Report Acting Planning Direct, 6240 SW 65 Ave. PB -06 -025 Applicant:. ELR Investment, LLC. Location: 6240 SW 65 Ave. A RESOLUTION OF THE MAYOR AND _ CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 111" AND 112" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT "; AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "I" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT 14291; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. - BACKGROUND In August, 2006, the applicant, ELR Investment LLC. submitted Application No. PB -06 -025 requesting for Waiver of Plat in order to divide a 1.07 acre tract of land located at 6240 SW 65 Ave. into two lots. The applicant will also be constructing a new 50 foot wide SW 63rd Terrace and each lot will front on that street. The City's Site Plan Review Committee, the Planning Department and the Planning Board all recommended that the applicant's plans containing a T- street end should be redesigned as a semi- circle (cul -de -sac) which will improve emergency vehicle turn around and will provide a full continuous frontage of 75 feet for Lot 2. PLANNING BOARD ACTION (see attached excerpt from minutes) The Planning Board at its September 14, 2006 adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed waiver of plat with following conditions: (1) The applicant shall re- design the new street to end in a cul -de -sac and that Lot 2's frontage be a continuous arc of 75 feet. (2) Applicant is responsible for the reconstruction / widening of SW 65 Avenue at this location. (3) Applicant will not be able to record subdivision plat until non - conforming buildings are removed. (4) Applicant must submit a corrected survey. November 14, 2006 Page 2 of 2 APPLICANT'S REVISED PLANS Exhibit A In early October the applicant submitted a revised plan with the revisions requested by the Board including a cul -de -sac with a 60 foot diameter and the required 75 feet of frontage on Lot 2. (see reduced copy dated Oct. 9, 2006 "Exhibit A" attached). However, after review by the City's Public Works Department, the applicant was advised that a cul -de sac must meet County standards requiring a 100 foot diameter. The applicant has indicated that meeting the County standard is a hardship and would significantly reduce the size of the two proposed lots. The applicant then requested that the Planning Board consider modifying the Condition No. l and allow the T- street end. The transmittal of the application to the City Commission was delayed until this issue can be resolved. In order to help the applicant the Planning Department placed this issue on the Board's October 31, 2006 meeting agenda as a clarification item. Prior to the meeting the City Attorney's office ruled that any change in the Planning Board's recommendation could be considered substantive and should only be done with public notice and a public hearing. APPLICANT'S REVISED PLANS Exhibit B The Applicant has now submitted a second revised set of plans (large scale attached Exhibit B) dated October 23, 2006 which shows the original T- street end with a curvilinear connection between the two front sides of Lot 2. The frontage measured along both sides is 77 feet. The revised plan (Exhibit B) would result in a slight change to the size of the two newly created lots; Lot 1 would change from 15,030 to 15,144 square feet, and Lot 2 would change from 18,144 to 18,734 square feet. RECOMMENDATION The subject application has been re- advertised, posted, and mail notices sent. Attached is the original Planning Department staff report submitted at the September 14, 2006. The recommendation of approval of the waiver of plat is still valid. In light of the mandatory standards for a cul -de -sac in Miami- Dade County and in consideration of the small size of the subdivision (two lots) the recommendation of a full cul -de -sac is no longer appropriate. Attachments: Planning Department Staff Report 9/14/06 Planning Board Meeting Excerpt 9 -14 -06 Applicant's Revised Plans dated Oct 9, 2006 MD County Cul -de -sac Standard Applicant's Full Scale Revised Plans dated Oct 23, 2006 Public Notices SAY P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports111- 14- 06\PB -06 -025 6240 SW 65 Ave Second Report.doc Ad!1111111111111�1 City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 v Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Pro e L)�5 LLoBt(s) Block Subdivision Meets & Bounds: Applicant: � Phone: JF L- 1�. I r.t vcs�- )•n Cu -r. t.- -71 -1-� Representative: Organization: Address: Phone:�� Property Owner: Signature: tom' Mailing Address: Phone: jcol Architect/Engineer: Phone: AS - FEE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _ wner _Owner's Representative Contract to purchase _Option to purchase _TenantlLessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC _Variance _Zoning Map Amendment _Special Use _ PUD Approval _ Specia eepti _ PUD Major Change er (Waiver of Plat) \, Briefly explain application and cite specific Code sections: Subsection: Page #: Amended Date: PL SE CHECK ALL THAT APPLY. etter of intent Justifications for change tatement of hardship Proof of ownership or letter from owner _ Power of attorney _Contract to purchase tZCurrent survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") %Z75 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" 20% Property owner signatures 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 correct to the b t of the applicant's knowledge and belief. Applicant'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 PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 1111105 City of South Miami PB -06 -025 Waiver of Plat 6240 SW 65 Avenue ■ 5903 1 5904 5905 5904 5915 9a� ■ g ■ 5923 5924 J 5925 6700 ■ 6609 5g2q 5935 o ° ��I 5943 5944 � 5920 ? 5945 5944 5955 5964 r °o � 5965 5964 0 5 ..,....■ man ■■o0x0alj 60TH ST 5975 ° (0 6004 ° 6005 6000 6646 N o N 6500 6001 a 6 i/ OD U) oho 6p15 .6020 o 6800 66 rn (n co o 6021 h 6021 6 45 0 01 N to C o rn 6040 a N 6041 ° 0, 6060 6644 N o N N m o w °P, fOp co cc cl) 11) 6 •� 6j 6 rptk 6643 N O 1$0 6" rn� 2i N 6750 o o o co o O SW 61ST TER °p 15 6642 N o 6161 O o O O D' 6200 6605 6202. 6201 CD rn�,. S U BJ E T-49 29 6.200 v v v PROPER 6210 6211 6221 ° ° 6760 6648 6AA0 6420 bhp° co cn 0 6250 0 6280 0 ti 6771 6647 m o° 6241 6441 6421 6401 coo 0 o o- o 0 T301 SW 63RD T R 6310 6311 s3oo 3RD TER 6646 co co 6330 6331 6330 6AA� ti� 6765 6641 (°o LO LO 6350 6351 6350 CIA 0 o to o SW 64TH ST HARDEE DR o 0 0 0 �0 .6401 6400 6401 6400 6401 6700 Q 6650 to <' 6411 6420 6411 6410 ji O 0 O g 6421 N N CD r- 1- 6649 6421 m 6420 6450 Q 6510 6431 J 6511 6431 6430 SW 65TH ST J 6500 0 0 6520 6441 6521 6501 6500 6501 6530 6511 6510 > 6511 6540 rn o SW 65TH TER 6648 N 6608 6520 6521 6600 � o 6647 r� n °m N o "- LM 0 o m o o 6520 6441 6521 6501 6500 6501 6530 6511 6510 > 6511 6540 rn o SW 65TH TER > 6521 6520 6521 6550 o 8646 N o N LM � 6hy 6550 6531 -- 6531 g o `° SW 66TH ST Q 6�2 6 6380 J 6609 6610 6619 6612 6600 6601 6600 6767 L6680 6621 6622 6624 6618 [6616 6611 J 6634 6636 6617 6616 6621 0 300 600 900 1,200 1,500 Feet ELR INVESTORS, LLC. 8101 Park Blvd. Miami, Florida 33126 LETTER OF INTENT August 23, 2006 City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re: 6240 SW 65 AVENUE To Whom It May Concern: Our intention is to divide the above referenced parcel into two lots. The lots in the surrounding area are approximately less than 50% of the size of our lot. Havin g these lots split will create e a harmonious blend between this property and the lots in this area. This will also add to the beautification of the neighborhood. The justification is to maintain summitry in the area and not to create an imbalance with the existing neighborhood. Be part of a neighborhood is of the up most importance. We have met various times with the Director Mr. Don O'Donall . of Planning &Zoning, Y, and the Assistant Director, Mr. Sandy Youkilis. Together we came up with the arraignment of splitting the property in the manner as shown on the "Waiver of Plat ". They also asked us to meet with the Director of Public Works, Mr. Ijibola Balogun, and he and his staff also gave us the go ahead to proceed with our design as shown on the "Waiver of Plat ". Should you have any questions, please do not hesitate to contact me at (305) 216 -9323 or (305) 552 -7777. Thank you, Robert Ruiz CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Thursday, September 14, 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 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff, 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 Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearing PB -06 -025 Applicant: ELR Investment, LLC. Location: 6240 SW 65 Ave. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 661" AND 662" ON ` PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT "; AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET FORTH IN SECTION 20-4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE 'COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A Planning Board Meeting September 14, 2006 Excerpt (2) SINGLE FAMILY HOME ON LOT "1" AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. - Action: Staff explained to the Board that the applicant submitted an application for waiver of plat in order to divide a 1.07 acre tract of land described as property Folio 09- 4025 -000 - 0260. Furthermore, the applicant wishes to divide the tract into Lot 1 with 14,938 square feet of lot area and Lot 2 with 18,893 square feet of lot area. Both parcels will face a new street SW 63 Terrace. The applicant also proposes to build a`single family home on each lot. Mr. O'Donniley made the following observations: (1) The proposed waiver of plat would create two properties, zoned RS -3 "Low Density Residential ". Both lots will face a new street, SW 63rd Terrace, which will be constructed using land area from the parent parcel. The street frontage for both lots and the lot size of both lots will exceed the minimum required. The two parcels at this location abut the RS -3 zoning on all sides and are surrounded by single - family homes. Mr. O'Donniley explained that the current plans show a "T" street end but that a cul -de -sac is preferred and it will allow for a continuous 75 feet of frontage for Lot 2. (2) The applicant is dedicating the east 25 feet of the property along SW 65th Avenue for right -of -way. This will allow for the widening of street at this location to the required 50 feet width. The applicant will be required to construct the street in accordance with the - standards of the Public Works Department. (3) The applicant will also be constructing a new 50 foot wide SW 63rd Terrace and each lot will front on that street. The proposed street meets the minimum requirements of the Land Development Code and the requirements of the Public Works Department. (4)The proposed wavier of plat would create parcels that have lot sizes larger than required by the land development regulations for RS -3. An analysis of the size of 87 surrounding lots within the standard 500 foot radius indicates that the both lots would be larger than all but three of the surrounding lots. (5) The site has a number of mature trees which should remain at their current location. Staff indicated that the waiver of plat application meets the basic criteria for judging a request, relating to lot size, non - conformity, and encroachments. The proposed creation of the two large lots (residential single family) will be compatible with the surrounding community. Staff recommended that the waiver of plat application be approved with the condition that the applicant is responsible for the reconstruction / widening of SW 65 Avenue at this location. Planning Board Meeting September 14, 2006 Excerpt (3) Mr. O'Donniley noted that the survey submitted was not accurate because the survey presented only showed two structures but upon a visit to the site there are two other non- conforming structures which is not shown on the survey. The Board recommended that a revised survey needed to be submitted by the applicant. In addition, Mr. O'Donniley indicated that the Site Plan review committee reviewed the proposal submitted and recommended that the new street be- designed to end in a cul -de -sac with a continuous 75 feet of frontage for Lot 2. Mr. O'Donniley presented to the Board the street illustration, a re- design created by staff. Applicant present: Robert Ruiz (representative for ELR investments, LLQ Mr. Ruiz one of the owners of the property explained his intent to divide the parcel into two lots. Originally, he would have liked to create a Planned Unit Development (PUD) however, the parcel was too small. Therefore, he decided that to have the lots split which would create a harmonious blend between this property and the lots in the area. He also commented that a new public street SW 63 Terrace would be constructed and that he is making a dedication of the eastern portion of the property along SW 65 Avenue for right of way. He noted that the street constructed would be in accordance with the standards of the Public Works Department. Chair Morton opened the public hearing No one spoke on this item. Chair Morton closed the public hearing. Mr. Farfan commented he felt there was not enough information to make a recommendation due to the issue of not having a correct survey as well as the issue of non- conforming structures. Motion: Mr. Farfan motioned to recommend for continuance of the application. Ms. Lahiff seconded the motion. Vote: Ayes 3 Nays 4 (Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Yates) Motion failed. Motion: Mr. Comendeiro motioned to recommend approval of the application with the following staff's conditions: (1) The applicant shall re- design the new street to end in a cul -de -sac and that Lot 2's frontage be a continuous arc of 75 feet. (2) Applicant is responsible for the reconstruction / widening of SW 65 Avenue at this location. (3) Applicant will not be able to record subdivision plat until non - conforming buildings are removed. (4) Applicant must submit a corrected survey. Ms. Yates seconded the motion. Vote: Ayes 7 Nays 0 I 0 -------------------- ----- ------------------L--------- �:yr 0 �•4W C P W. w J 'Sa s 3 J� N ! uj CO - -_ m N - -_ 3 8\ U 0 CO / !2 ) W $uj ,5z a Say Lan G _ a4u ac N( <8 �c aw „a I,-, as Sri o �9Z o ' � cea LaD I W N in 0 c N W m N V ow � , ,oe 7 f. J�.:'Bl N' w�w d0'9 O2N 'Cii��� �•B z --1111 ib &54' . L-- - - -- - - - -- ----------------- -- -- ---- -- �95.8£ L iN3W3SV3 ALlltlfl ,9 -- OAR) .3" -e .BL,OON W eeI Ar ,f f a Ma cV 401) A X Nlv►' 001(\T B SYMMETRIGL„ — (SEE SHEET 3) ABOUT C S' SIDE WALK A A . t PAVEMENT EDGE .o CURB AND GUTTER h NOTES PRA I CJL•D`-SAC, STREETS NOT .TO CURVE l (SE_ F -tt t ExCEED 600 IN LENGTH 2 MAINTAIN MIN 3% SLOPE ALONG PROPER � Pt j GUTTER FOR DRAINAGE � 5_0" W Z i • 0 `VERTICAL AND MOR;ZONTA. \ � t TRANSITION TO STANDARD ROAD SECTION 6' GRASS AREA WIN)-, SO 0" MIN 6' GRASS AREA IMIIV) PLAN so =o" 43:0,. I ") (•8 t (•7 t ) ASOMALTIC CONCRETE f } ; Lo i SURFACE COURSE I' THICK c J l•3 „�. /-BASE COURSE Q CONCRETE i. ,�— .,----- - -Z- -- ------ - - ---- 0~ to SIDEwoLK— :URB 8 GUTTER —►-0 STABILIZED St.1BGF.AQE '1WHE -E RlEOU RO) SECTION A -A CO \C S12E 06 • r �. , I SE . c LOCATION ON fLAN REFERS TO THIS POINT(S) ASPwt_TIC CONCRETE I SE: ! j SASE COURSE SE- • ITEM CROSS 'SPEC i AEs "Er atnttD STANDARD ROAD DETAIL EDE GE CO)TAN 000hTY •••aorc- - 7�2o /as CUL-DE-SAC uC woRlts 6. —!6' RESIDENTIAL l l.2 EPARTMENT (CURB AND GUTTER) b «EE• O� MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Planning Department Legal Holidays 6130 Sunset D.rlve ;. South Miami, Florida 33143 Miami, Miami -Dade County, Florida Phon• 306666, Fa0ea -e x i 7356: STATE OF FLORIDA On Tuesday, November 14, 2008 at 7 30_P M ,the Clty "of South Miami COUNTY OF MIAMI -DADE: Planning Board wlil ,conduct - public hearings in .;the.;City.;Commission Chambers at the above address on the following items Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the PB- 06-025 Applicant ELR Investment, LLC SUPERVISOR, Legal Notices of the Miami Daily Business ;; - • . `` Review f/k/a Miami Review, a daily(except Saturday, Sunday Cocatlon ~6240 SW 65 Ave 141 egal Holidays) newspaper, published at Miami in Miami -Dade A RESOLUTION.OF..THE MAYOR AND'CITY,COMMIS$ION OF THE County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the rpatter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 14, 2006 in the XXXX Court, was published in said newspaper in the issues of 11/03/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami - Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) j and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commi r refund for the purpose of securing thjd'advertisewrent for p biication in the said c Sworn to and subscribed before me this 03 da OVEMB A. . 2006 (SEAL)rU Maria I. Mesa O.V. FERBEYRE personally knowrtt My Commission DD293855 Da ,,Op Expires March 04, 2.003 THE M OF PL FAMIL :0�32 ant ` 64 De 4TION;OF, LOTS "V. ED AT 6240 SW.857 N RS4 "LOW DEN; RMITTED BY PROV $ET,FORTH:IN SEI - VELOPMENT CODI VTY. CODE; 'THE.PUI If FOR THE CONST "I AND THE CONS CIAL�EXCEPTIONS FOR JA4 MI) IN THE "$R(H&OWi ..SPECIAL OVERLAY) ZONING DISTRICT. 3 TO SECTIONS 20 -7.8B AND 21 TOTALS LOT'.COVERAGE OF. if street iF THE FEET WHICH_.EXCEEDS,THE:MAXIMUM 50%`LOT COVERAGE; :OM SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50%. LOT. COVERAGE ON, SW 74W.STREET; (2) TO ALLOW.A HUILDING:TO HAVE 50,1831 - SQUARE "FEETAWHICH EXCEEDS ;TNE MAXIMUM =PERMITTED BUILDING SQUARE:. FOOTAGE OF,26,060 SQUARE FEET. ALL FOR PROPERTY. GENERALLY. LOCATED.AT 5966-70 SOUTH DIXIE HIGH -' WAY' - ;'PROVIDING ;,'FOR `.SEVERABILITY, < PROVIDING :.FOR. ORDINANCES IN "CONFLICT; AND 'PROVIDING, AN EFFECTIVE' All interested parties are urged to attend. Objections or expresigions of ap-: proval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves, the right to'recommend to the City Commission whatever the board considers in the beat inferest for.the' area involved., interested parties requesting information are`asked to con -, tact the Planning and Zoning Department by calling 305-663-6326 or writ -' ing to the address indicated above.'.'.., _ You are hereby advised that if any person desires to_appeal any decisioni made-with respect to any matter considered at this'meeting or hearing,{ such person. will need a record of the proceedings, and for such purpose 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 (F.S: 286.0105). Refer to hearing number when making' any inquiry. 1113 _. _ : _ :c 06- 3- 42(746764M O < m D I oo wmao r>• ]oD mw�mS�im�aOm., o��aS�gm f5 m v0 m c myNO 5a <,m <m m°rmm Ow 0i zm m L 33 oa, 3 = Sa$ amc w oS�n�3' =�F ,����mm�vom .,4, '$�3osm am cxx . sx r mN I mm o. mo =y Nm9 10 mr €� m z0 a < c :• m SL S�� °w� mx S y0 zi �°o C) D 'md9m� 30 3m .. $.� a co mm9 aam.�mmmgn� N m. M: a a �� g m m ° �3 D g"m 3.m fm N m -D > ; m z D u 9 �. O m 80=-m mcw� ^a 7 m Z 3 s° o= mmm�.Z m o ps 3a wa -.Igo rs c..z O- m � 3mN o >> y am mm� a m m �oy� p w ^5 -05025 CL m a N O w .. c o,sm s ga. a s m n m D C °�� Kbmm- a - s c�w JC m• 3 N m O^ nO m�z ° H.-. ggm 8- C G 3 s(%% w _33 R92�� 22-54 m3m a�..,C m °o rn a^°ng3 moo . mZ 3 S `- m N o �i �m� 5'� o0cco3�a>'wN in a3. w m�,m.wOOm 3m mm;- m um CP mwJmammnm w�oy� pm�3 $H�3 mmgEL -rwwO � m 2855 oa m t m m O maw 3� C d � ^c m 0 C r handy guide to this week's `Best Bets' in TV and cable listing: de gossip va your,oppefru lung goes better with breakfast than The Miami Herald, delivered. 1- 800- 441 -0444 nber 24 ... excited to sleep anyway. )ME LETS DA CITY 5% with Save 20 %with X BIRD THANKSGIVING :CIALS WEEKEND COUPONS I AM FRIDAY FRIDAY- SUNDAY ONLY (after 8 AM) , ____-__... .���r.r•������r.���r.ti�������, 147... 0 0 w m W z z ra z z (L ;x a f x E o u i ro On Tuesday, November 28, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items ; AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL . PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS; PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATINGTO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING ASINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE,CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC. SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE'(HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM. AN ORDINANCE REIATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;' AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 'AN :ORDINANCE ;PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY of i SOUTH MIAMI LAND DEVELOPMENT CODE; BY AMENDING SECTION 20- GENERATORS DING RESIDENTIAL ENTIALUZO EE DISTRICTS" DTIN STANDARDS R TO CORRECT NA TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR'OPENING INTO A DWELLING. 1 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH ' � MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 1" AND "2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT" AS PERMITTED BY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET .FORTH IN SECTION 20 -421B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MI MI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY, HOME ON LOT' CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "2 "PROVIDING JkEe DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. inspected. in the City Clerk's Office, Monday - Friday during reg office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M.Meriendez, CMC City Clerk Pursuant to Florida Statutes 266.0105, 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 �,..a„a h. rm.ha will, need a record of the proceedings; and that for such purpose„ WWII- "VW1WR9W)WWo`W1T1�1 a_?r . South Miami Au•am�icachy CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Directo Y-7, Date: November 28 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THAT THE CITY OF CORAL GABLES CITY MANAGER, PLANNING DIRECTOR AND BUILDING AND ZONING DIRECTOR NOTIFY THE CITY OF SOUTH MIAMI OF ANY FUTURE REQUESTS FOR LAND USE MAP AMENDMENTS, ZONING CHANGES, OR VARIANCES WHICH WOULD INCREASE THE PERMITTED HEIGHT OF BUILDINGS ADJACENT TO -THE CITY OF SOUTH MIAMI JURISDICTIONAL BOUNDARIES: AND THAT THE HEIGHT OF ALL NEW DEVELOPMENT BE CONSISTENT WITH THE PERMITTED HEIGHT WITHIN THE ADJOINING AREAS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. Background: In January 2006, a series of height variances was approved by the City of Coral Gables Board of Adjustment which allowed a significant increase (over 30 feet) in building height for a project proposed at 1500 Venera Avenue within the City of Coral Gables and directly across Red Road from the Shops at Sunset. A check of records in both cities indicates that the City of South Miami was not notified of the proposed variances. It is appropriate for any City to be concerned about new development proposed in adjacent jurisdictions which abut the City's boundaries. Inconsistent height of buildings and high densities on one side of the street can have a very negative impact on an abutting jurisdiction as to traffic, pedestrian congestion and urban design. The City of Coral Gables itself expressed this same concern to the City of Miami when it adopted a resolution in October, 2006 stating that it was not notified of a variance which allowed additional height for a building adjacent to its boundaries on SW 38tb Avenue. (See attached City of Coral Gables letter and resolution) It is important to note that the Intergovernmental Element of the South Miami Comprehensive Plan contains a specific policy requiring the City itself to make the following notifications: "Policy 1.4.1 The City will notify and solicit comments from adjacent jurisdictions and the School Board of anv reauests for land use amendment. variance. conditional uses or site plan approvals which impact property within 500 feet of a public school or within 500 feet of the boundaries of an g&acent jurisdiction." The City of South Miami should advise Coral Gables concerning the failure of notification related to the Red Road and Venera Avenue zoning variance and further request notification of any future requests for proposed changes or variances to the permitted height of development proposed adjacent to the City of South Miami jurisdictional boundaries. Recommendation: It is recommended that the attached draft resolution be adopted and transmitted with a letter from the City Manager to the appropriate officials of Coral Gables. Backup Documentation: Resolution City of Coral Gables communication to City of Miami and Resolution SAYPAComm Items\2006 \11 -28 -06 \Coral Gables Zoning Notific CM Report.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, REQUESTING THAT THE CITY OF CORAL GABLES 5 CITY MANAGER, PLANNING DIRECTOR AND BUILDING AND ZONING 6 DIRECTOR NOTIFY THE CITY OF SOUTH MIAMI OF ANY FUTURE REQUESTS 7 FOR LAND USE MAP AMENDMENTS, ZONING CHANGES, OR VARIANCES 8 WHICH WOULD INCREASE THE PERMITTED HEIGHT OF BUILDINGS 9 ADJACENT TO THE CITY OF SOUTH MIAMI JURISDICTIONAL BOUNDARIES: 10 AND THAT THE HEIGHT OF ALL NEW DEVELOPMENT BE CONSISTENT WITH 11 THE PERMITTED HEIGHT WITHIN THE ADJOINING AREAS OF THE CITY OF 12 SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE 13 14 WHEREAS, on January 9, 2005, an application (File ID# 8558 -2) was scheduled for 15 consideration before the City of Coral Gables Board of Adjustment for variances from the 16 Zoning Ordinance to allow an increase in building height for a project proposed at 1500 Venera 17 Avenue within the City of Coral Gables and; 18 19 WHEREAS, the application requested variances for the proposed project from the 20 maximum allowed 72 feet building height according to provisions within the City's Zoning 21 Ordinance to a proposed height of 106 feet; and, 22 23 WHEREAS, the City of Coral Gables Board of Adjustment approved the requested 24 height variances at its January 9, 2006 meeting; and, 25 26 WHEREAS, the City of South Miami was not notified of the proposed variance and 27 has concern over the granting variances for additional height above that permitted by the City of 28 Coral Gables Zoning Ordinance and wishes to assure the new development proposed in adjacent 29 jurisdictions be consistent with the permitted height within the adjoining areas of the City of 30 South Miami; and, 31 32 WHEREAS, the City of South Miami wishes to be notified of any future requests for 33 proposed change or variances to the permitted height of development proposed adjacent to the 34 City of South Miami jurisdictional boundaries; and, 35 36 WHEREAS, the City of South Miami commits to notifying the City of Coral Gables 37 proposed variances and changes along the shared jurisdictional boundaries that would increase 38 the permitted height or intensity of new construction. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 41 CORAL GABLES THAT: 42 43 44 45 46 1 2 3 4 SECTION 1. The City of South Miami requests the City of Coral Gables to notify 5 the City of South Miami Manager and Planning Director at the below listed addresses of any 6 future requests for proposed changes or variances to the permitted height of development 7 proposed adjacent to the City of South Miami jurisdictional boundaries, and that the height of all 8 new development be consistent with the permitted height within the adjoining areas of the City 9 of South Miami. 10 11 City Manager 12 City of South Miami 13 6130 Sunset Drive 14 South Miami, FL 33143 15 16 17 Planning Director 18 City of South Miami 19 Planning Department 20 6130 Sunset Drive 21 South Miami, FL 33143 22 23 24 SECTION 2. The City Manager is hereby directed to forward a copy of this 25 Resolution to the City of Coral Gables City Manager and Planning Director. 26 27 SECTION 3. This Resolution shall become effective upon the date of its adoption 28 herein. 29 30 31 PASSED AND ADOPTED this day of 2006. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 READ AND APPROVED AS TO FORM: Commission Vote: 39 Mayor Feliu: 40 Vice Mayor Wiscombe: 41 Commissioner Palmer: 42 CITY ATTORNEY Commissioner Birts: 43 Commissioner Beckman: 44 45 46 47 48 PAComm Items\2006 \11- 28- 06\Coral Gables Zoning Notification Resolution.doc 10,26/2006 TAU 8:53 FAX 305 261 1601 f�j002 /005 THE CITY OF CORAL GABLES CITY HALL 405 BILTMORE WAY OF17ICE OF CITY MANAGER CORAL. GABLES, FLORIDA 33134 �HEG�LlfbeAUllju� October 24, 2006 Mr. Pedro C. Hernandez City Manager, City of Miami 3500 Pan American Drive Miami, PL 33133 i Re: City of Miami - Applications for Building Height Variances. Dear Mr. H ande _ / III Please find enclosed a certified copy of Resolution Number 2006 -185. This Resolution was passed unanimously by the City of Coral Gables City Commission on October 10, 2006 regarding recent applications for building height variances within the City of Miami along jurisdictional boundaries adjoining the City of Coral Gables_ This Resolution was requested by the City Commission due to a recent application submitted to the City of Miami for variances adjacent to the City of Corral Gables Industrial District. The Resolution requests that the City Manager's Office and the Planning Director be notified of any future requests for proposed changes or variances to the permitted height of all new development adjacent to the City's jurisdictional. boundaries. The adopted Resolution also requests that all new development within the City of Miami be consistent with the permitted height within the adjoining areas of the City of Coral Gables. In that Resolution, the City has committed to notify the City of Miami of proposed variances or changes that would increase building height or intensity. The City loops forward to the opportunity to work closely with the City of Miami and providing input on future applications to increase the permitted building height in areas adjoining our two cities. P_a_ ROX 141549. CORAL GABLES, FLORIDA 33114-1549 (305) 460 -5201, 10 -,/26/2006 THU 8:53 PAX 305 261 1601 X003/405 City of Miami Building I3eight October 24, 2006 Page Z If you have any questions or have any fiarther information, please contact me at 305- 460 - 5205 Sincerely, David L. B own City Manager Attachment. Resolution No. 2006 -185 cc: Elizabeth Hernandez, City Attorney, City of Coral Gables Maria A.lberro- Jimenez, Asst. City Manager, City of Coral Gables Dona Lubin, Asst, City Manager, City of Coral Gables Eric Itiel, Jr., Planning Director, City of Coral Gables Anna Gelabert- Sanchez, Director of Community Development, City of Miami I IACity ManagcALcttus\City of Miami building height variance.doc 10/26/2006 THU 8! 53 Fax 305 261 1601 0004 /005 ,f CITY OF CORAL, GABLES, FLORIDA RESOLUTION NO. 2006-185 A RESOL'U'TION OF THE C11Y COMMISSION RE:QUESTING THAT THE CITY OF MIAMI NOTIFY THE CITY OF CORAI. GABLES CI'1Y MANAGER AND PLANNING DIRECTOR Or ANY FUTURE REQUESTS FOR PROPOSED CRANGES OR VARIANCES TO THE. PERMITTED HEIGHT OF DEVELOPMENT PROPOSED ADJACENT TO THE CITY OF CORAL GABLES JURISDICTIONAL BOUNDARIES, AND THAT THE HEIGHT OF ALL NEW DF- VELOPMENT BE CONSISTENT WITH THE PERMITTED HEIGHT WITHIN THE ADJOINING AREAS OF THE CITY OF CORAL GABLES. WHEREAS, on September 25, 2006, an application (File ID# 06- 00836V2) was scheduled for consideration before the City of Miami Zoning Board for a variance from the Zoning Ordinance to allow the relaxation of the height for a project proposed at 3150, 3160, 3170, 3180, 3190 and 3198 SW 38th Avenue within the City of Miami; and, WHEREAS, an application was submitted to the City of Miami requesting a variance for a proposed project from the maximum allowed 120 feet building height according to provisions within the City's Zoning Ordinance to a proposed height of 146 feet; and, WHEREAS, City of Miarni staff issued a report containing findings of fact that recommended denial of proposed application based on several factors, including that the variance will grant the properly owner undue benefits and that the requested variants: is the result of self - imposed hardship and therefore should not be considered; and, WHEREAS, the City of Coral Gables was not notified of the proposed variance and has concern over the gTanting of variances for additional height above that permitted by the City of Miami's Zoning Ordinance, and wishes to assure that new development proposed in adjacent jurisdictions be consistent with the permitted height within the adjoining areas of the City; and, WHEREAS, the City of Coral C5ables wishes to be notified of any fulure requests for proposed change or variances to the permitted height of development proposed adjacent to the City of Coral Gables jurisdictional boundaries; and, WHEREAS, the City of Coral Gables commits to notifying the City of Miami of proposed v8ri3nccs and changes along the shared jurisdictional boundaries that would increase the permitted height or intensity of new construction; NOW, THEREFORE, BE 17' RESOLVED )BY THE CITY COMMISSION OF CORAL GABLES THAT: Page 1 of 2 — Resolution No. 2006 -185 1/26/2006 THU 8:54 FAX 305 261 1601 2005/005 SECTION I. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City irequests the City of Miami notify the City of Coral Gables City Manager and Planning Director to the below listed addresses of any future requests for proposed changes or variances to the permitted height of development proposed adjacent to the City of Coral Gables jurisdictional boundaries, and that the height of all new development be consistent with the permitted height within the adjoining areas of the Cily of Coral Gables. David L. Brown, City Manager City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 Eric R.iel, Jr_ Planning Director City of Coral Gables Ilanning Department 405'Biltmore Way Coral Gables, FL 33134 SECTION 3. The City Manager is hereby directed to forward a copy of this Resolution to the City of Miami City Manager and Planning Director_ SE,C 1ON 4. This Resolution shall become effective upon the date of its adoption herein. PASSED AND ADOPTED THIS TENTH DAY OF OCTOBER, A_D -, 2006. (Moved: Kerdyk / Seconded- Anderson) (Yeas: Cabrera Kerd k Withers Anderson Slc!snick (Unanimous/ 5 -0 Vote) (Arcnda Item H-1) APPROVED: DON7A ICK 11 AYOR ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND .GAI- SUFFICIFNCY- a sM_ I ERNANDE7_ C RNI;Y Wage 2 of 2 - Resolution No. 2006 -185 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CATHY MCCANN, LORIE YANOSHIK, TONI H. ALAM AND BRIAN D. BEASLEY TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING JANUARY 31, 2007; 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 Cathy McCann, Lorie Yanoshik, Toni H. Alam and Brian D. Beasley to serve on the Budget and Finance Committee. Appointment shall expire. January 31, 2007 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 Cathy McCann, Lorie Yanoshik, Toni H. Alam and Brian D. Beasley to the Budget and Finance Committee. Section 2. The expiration date of these appointments shall be January 31, 2007, or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 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: E, V E AV SRI B� 14 A R 42 7 20015 i CITY CLERK'S OFFICE south m1aml Ir 1 a r I d ■ snnt CITY OF SOUTH MIAMI BOARDICOMMITTEE APPL ICA TION 6130 Sunset Drive Phone No. 305-663-6340 South Mi=4 FL 33143 Fax No. 305-663-6348 1. Name: OrJ4 vz C 0 Q. 'V All (Please print) 2. Home Address: 3. Business Address: 4. Home Phone No, Business Phone No. Fax No. ....... 5. E-mail Address: 6. Education Background: 7. All' U Community Servi�n T- 8. Are you a registered voter? . Yes I/ No 9. Are you axesident of the City? Yes No 10. Do you have a business in the City? Yes No Ethnic Origin? White Non-Hispanic 11—African American Hispanic American Other 12. 1 am interested in serving on the following board(s)/committee(s): L/ LOA"t ;Tle Signature,/_ Date. 3/;2 �p Acant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9/02 CITY CLERK'S OFFICE a" CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATIOM 6130 Sunset Drive South Miami, FL 33143 1. Name: Lorie Yanoshik (Please print) 2. Home Address: 3. Business Address: 4. Home Phone No. Fax No. 5. E -mail Address: lorie _yanoshik @fpl.com Phone No. 305- 663 -6340 Fax No. 305 -663 -6348 Business Phone No. 6. Education Background: Penn State University, College of Science, University Park, PA University of Michigan, Ross Graduate School of Business, Ann Arbor, MI 7. Community Service: Membership fellow & volunteer - Fairchild Tropical Garden Volunteer - American Cancer Society South Miami Homeowner's Assocation 8. 9. 10. 11. 12. Are you a registered voter? Are you a resident of the City? Yes _X No Yes _X_ No Do you have a business in the City? Yes No X Ethnic Origin? White Non-Hispanic—X_ African American _ Hispanic American Other I am interested in serving on the following board(s) /committee(s): Budget Review Committee . up'aeiN.gnee Mtan. INJ: m•LUia YeroWk�"Ns Signature Date _March 16, 2006 "'AAplicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 Nov 15 2005 2:04PM THE ALAM COMPANIES y A �w ECEIV goo, •d•�N�r, /:rowrsu, �, VVV �� • ci i t? r,�c'' �.,���• NOV 15 2005 (305) 663 -6223 p.2 F l o r l d• :1 nnos CITY CLERI{' S OFFICE C! %�' ple 30[1T lir/ BOARD /f4'QAII{! / MEN APPtICATIBN 6130 S'!l�Stt Drive -Phone No. 30T -66/ -6340 South Jt9�eami, FL 33103 :Fax No, 3DS- 663 -6348 1. Name: 2. (Please print] °. home Address: 3. Business Address: 4. Aome P6une No. ; Business Phone No, Fax No. 5. &Mail Address: 61 Education Backara .1, 0. 9. 10, J Arre you a registered voter? Yes Na Ate you it resident of the City? Yes Na Dq you have 4 business in the City? y �/� NO 11. Ethnic Origin? W6ite Non- iIiepanic AGican American Hispanic American Other i 12. I On interested in serving on the fallowing board(s)1cammittee(s):: flrM.�hulr: sRwnd &mice 'third t6ulee r1wre choke SiEnature Date Applicant T13IS APPLICATION WML REMAIN ON FILE FOR ON$ YEAR , Rwy6 r Wei V/ 3JYd :WVSS:0G 50-SF'AON :8k6969990E !IRVIA HinCS 30 A1I0 :A9 1N36 311061.10;1 1J7I� j41 Dui � S xrj XV39 :0I 500 51 r,otl xe� pan�a�ay RE"'"D PEAR 1 5 2066 CITY CLERK'S OFFICE Rvvih .""JIM I R l 4 r .[ e M 5667 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPL►CATIOM 6130 Sunset Drive Phone No. 305 -663 -6340 South Miami, FL 33143 Fax No. 30S- 663 -6348 h. Bev-,&G,�A (Please pant) 2. Home Address: 3. Business Address: 4. Home Phone No. Business Phone No. Fax No. 5. E -mail Address:. 6. Education Background: ■ 7. Community Service: 8. Are you a registered voter? Yes r/ No 9. Are y ou a resident of the City? Yes a/ No 10. Do you have a business in the City? Yes No V 11. Ethnic Origin? / White Non-Hispanic _ African American ✓ Hispanic American_ Other 12. I am interested. in serving on the following board(s)/committee(s): Aan(4 V..'pnca - Signature — _ Date '3 i's— Oto Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 South Miami AII- amerlcac�l CITY OF SOUTH MIAMI 9z t I ' ®' OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S. McKinley, City Manager Date: November 28, 2006 Agenda Item No.: Subject: Amending the City's Code to regulate advertising at, in or on bus shelters. Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES BY REVISING ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Request: To approve amendment to current ordinance Jor the regulation of bus shelter and advertising at, in or on bus shelters. Reason /Need: There are no existing provisions within the city code regulating the placement, construction, maintenance and advertising in and on bus shelters. As we work with the County and the State to improve our bus ways with needed infrastructure, such as, sidewalk, we realize that bus shelters and other street furniture will follow. So, it is timely and appropriate to amend the current ordinance to adequately address the aesthetics, health, safety and maintenance of bus shelters. This amendment to the ordinance is intended to ensure the enhancement of the City's appearance, provide public safety and to ensure that the community is aesthetically pleasing. Cost: N/A Funding Source: N/A Backup Documentation: . ❑ Proposed Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO.: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES BY REVISING ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire for the enhancement of city's appearance and ensure that the community be aesthetically pleasing; and, WHEREAS, the city finds that it is necessary to modify sections 3 -45 through 3- 52 of the Code of Ordinances pertaining to the regulation of advertising on bus benches to include the regulation of advertising at or on bus shelters; and, WHEREAS, bus shelters provide the elderly, students, and working people protection from the sun, wind or rain while they wait for buses; and, WHEREAS, there are no existing provisions within the city code relating to the regulation of the placement, construction and maintenance of bus shelters; and, WHEREAS, there is a need to regulate and establish procedures regarding installation, placement, size and maintenance of bus shelters as well as benches within the city; and, WHEREAS, this proposed revision to the existing ordinance is timely and appropriate because current laws and regulations are limited to bus benches and do not adequately address the aesthetics, health, safety, and maintenance of bus shelters and the restrictions are narrowly tailored to further the city's substantial governmental interested in aesthetics and public safety; and, WHEREAS, the Mayor and City commission desire to enact the amendments to Chapter 3 of the land development code in order to expand the existing regulations to include bus shelters. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Page 2 of 5 I Section 1. That Article VI including Sections 3 -45 through 3 -52 of the South 2 Miami Code of Ordinances are hereby amended to read as follows: 3 4 5 6 ARTICLE VI. ADVERTISING BUS SHELTERS AND BENCHES 7 8 Sec. 3 -45. Authorized by Contract Only. 9 10 Advertising on bus shelters and benches within the city limits at legitimate 11 bus stops are hereby authorized by yearly contract only, approved by the City 12 Coil Commission and which contract shall conform with the specifications set 13 out in Section 3 -47 through 3 -52. 14 15 Sec. 3 -46 Procedure prior to contact. 16 17 Prior to the city entering into any yearly contact for the furnishing of 18 advertising on bus shelters and /or benches the following procedure shall have been 19 followed: 20 21 (a) Competitive conditions shall have been maintained and 22 competitive sealed bids sought from at least three different 23 sources by the city manager or by approving the use of a current 24 contract of a governmental entity and /or any department. 25 agency, political subdivision or instrumentality of the state of 26 Florida. 27 28 (b) The city eexneil commission shall have considered and approved 29 the bid for which the contract is to be executed (Ord. No. 417, § 30 2,9-16-58) 31 32 33 Sec. 3 -48. Location - Approval by city manager. 34 35 The location of each bus shelter and or bench which will display 36 advertising bench shall be approved by the city manager. (Ord. No. 417, §2, 9- 37 16 -58). 38 39 ** 40 41 42 43 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Sec. 3 -50. Permit, bond prerequisite to issuance. Prior to the issuance of a permit under this chgpte No pefmit shall be issued pufsoant to this ehapter unless the e shall be posted and maiftWoed by the person or persons or company shall provide with the city manager a surety bond or policy of public liability insurance of not less than eighty thousand dollars coverage for any one claim, which bond or policy shall be conditioned so that the person or persons or company will indemnify and save harmless this city, its officers and employees, from any and all loss, costs, damages, expenses or liabilities which may result from or arise out of the granting of such permit or permits, or the installation or maintenance of such bus shelter(s) and or benches benehes for which such permits shall be issued, to pay any and all loss or damages that may be sustained by any person as a result of or which may be caused or occasioned by or arise out of such installation or maintenance. (Ord. No. 417, §2, 9- 16 -58). Sec. 3 -51 Specifications. The advertising benches and or shelters shall conform to the following specifications: (a) Not to exceed six feet in length or over forty -five inches in height. (b) The ends of the benches to be made or reinforced concrete of a minimum of three inches in thickness. (c) The thickness and width of the lumber to be used for seats in the benches to be not less than two inches by six inches and no less than two seat boards per bench. (d) No advertising matter or sign whatever shall be displayed upon any bench, except on one side only the backrest; and no advertisement or sign on any bench shall display the words "Stop ", "Look ", "Drive In ", "Danger ", or any other words, phrase, symbol or character calculated to interfere with, mislead or distract vehicular traffic; and no advertising space shall be rented for political campaign purposes, or advertising of alcoholic beverages. (Ord. No. 417, §2, 9- 16 -58). (e) No shelter shall be more than 96 inches high, or more than sixty inches wide, or more than 13 feet long, unless the City commission authorizes a deviation from these requirements. Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Sec. 3 -52. Inspection, notice to repair. The Licensee shall maintain each bench and/or shelter at all times in a safe condition. Advertising benches shall be inspected by the city and when found to be in need or repair the licensee shall be notified and the licensee shall immediately make necessary repairs. All graffiti shall be removed and/or covered over with an opaque covering no later than 48 hours after notice is presented to the licensee by the City. (Ord. No. 417, §2, 9- 16 -58). 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 day of , 2006. ATTEST: APPROVED: CITY CLERK 1St Reading - 2nd Reading- READ AND APPROVED AS TO FORM: Luis R. Figueredo, Beckman: Nagin Gallop & Figueredo, P.A., Office of City Attorney Page 5. of 5 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner South Miami %y-And AnmmicaCUy I " -•- CITY OF SOUTH MIAMI till. INCORPORATED fi 1927 �. OFFICE OF THE CITY MANAGER ° Rtv INTER - OFFICE MEMORANDUM 2001 To: Via: From: Date: The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, Acting City Manager Sanford A. Youkilis, Acting Planning November 28, 2006 Directorft ITEM No. Subiect: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM "RS -3" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO "RT -6" TOWNHOUSE RESIDENTIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF TWO TOWNHOUSE RESIDENTIAL UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Request: The applicant, Mach 1, LLC has submitted application PB -06 -027 requesting a change from RS -3 to RT -6 zoning use district in order to construct a residential townhouse building on vacant site located at 6540 Manor Lane. The property was the subject of a recent Comprehensive Plan Future. Land Use category amendment which changed the current Land Use designation of "Single Family Residential" to "Townhouse Residential" category (approved by City Commission on October 3, 2006). In order to proceed with the development as proposed the applicant is requesting to change the current zoning district from the "RS -3" Single Family Zoning Use District to the "RT -6" Townhouse Residential Zoning Use district. The purpose of the zone change request is to permit two residential units on the site. Background: The subject property is larger at 16,527 square feet than all other parcels on Manor Lane, which average about 11,000 square feet. The placement of townhouse units at this location is compatible with the surrounding community. The townhouse zoning forms a transition between the commercial uses to the west, the highway/Metro Rail to the south, and the single family residences to the north and east. A traffic study analyzing the impact of the proposed development on the surrounding roadways network has been prepared by a consultant to the Planning Department. The report states that townhouse development on the subject site will have no impact on the surrounding roadway network in terms of traffic management due to an insignificant volume. The applicant's site plan is the same as was submitted during the Comprehensive Plan amendment. The plan is consistent with all of the dimensional requirements for the RT -6 zoning district. The town -homes will face SW 66ffi Avenue. The Planning Board at its October 31, 2006 meeting adopted a motion by a vote of 6 ayes 0 nays recommending approval of the requested zone change. (2) Recommendation: It is recommended that the proposed change of use from RS -3 Single Family Residential to RT -6 Townhouse Residential Zoning Use District for 6540 Manor Lane be approved on first reading. Backup Documentation: Proposed Ordinance Planning Department Staff Report 10 -31 -06 Application Letter of Intent Location map Property survey Public notices SAY P: \Comm Items\2006 \11- 28- 06 \PB -06 -027 Rezoning 6540 Manor Ln CM Reportt.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 6 CODE BY CHANGING THE ZONING USE DISTRICT FROM "RS -3" SINGLE 7 FAMILY RESIDENTIAL ZONING DISTRICT TO "RT -6" TOWNHOUSE 8 RESIDENTIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR 9 LANE; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION 10 OF TWO TOWNHOUSE RESIDENTIAL UNITS; PROVIDING FOR SEVERABILITY; 11 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 12 DATE 13 14 15 WHEREAS, Application No. PB -06 -027 was submitted to the Planning Department by Mach 1 16 LLC, said application requesting to amend the official zoning map of the City of South Miami by 17 changing the zoning use district for property located at 6540 Manor Lane from "RS -3" Single Family 18 Residential Zoning District to the "RT -6" Townhouse Residential Zoning District.; and 19 20 WHEREAS, the purpose of the change of zoning is to permit construction of a townhouse 21 residential project; and 22 23 WHEREAS, the Future Land Use Map of the City of South Miami Comprehensive Plan was 24 amended by Ordinance No. 23 -06 -1891 adopted by the City Commission on October 3, 2006 specifically 25 to change the Future Land Use Category for 6540 Manor Lane to Townhouse Residential; and 26 27 WHEREAS, after review and consideration, the Planning Department recommended approval of 28 the requested zoning use district; and 29 30 WHEREAS, on October 31, 2006, after Public Hearing regarding the proposed rezoning 31 application , the Planning Board' recommended approval with conditions by vote of 6 ayes 0 nay ; and 32 33 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 34 and enact the aforesaid change of zoning. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 3.7 OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1 That the City's Official Zoning Map shall be amended by changing the zoning use district for 40 property located at 6540 Manor Lane from "RS -3" Single Family Residential Zoning District to the 41 "RT -6" Townhouse Residential Zoning District. 42 43 Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 44 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 45 remaining portions of this ordinance. 46 47 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 48 hereby repealed. 49 50 Section 4 This ordinance shall be effective immediately after the adoption hereof. 51 2 1 2 3 PASSED AND ADOPTED this day of , 2005 4 5 ATTEST: APPROVED: 6 7 8 9 CITY CLERK MAYOR 10 11 1" Reading — 12 2nd Reading — 13 COMMISSION VOTE: 14 READ AND APPROVED AS TO FORM: Mayor Feliu: 15 Vice Mayor Wiscombe: 16 Commissioner Palmer: 17 Commissioner Birts: 18 CITY ATTORNEY Commissioner Beckman 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PAComm Items\2006 \11- 28- 06\PB -06 -027 Rezoning RS -3 to Rt -6 6540 Manor - Ord.doc 50 51 52 South Miami gOUT� All- AmedcaCity INCORPORATED 1927 L p [t t Q 2001 To: Honorable Chair & Date:' October 31, 2006 Planning Board Members From: Sanford A. Youkilis Re: LDC Rezoning RS -3 to RT -6 Acting Director of Planning 6540 Manor Lane .PB -06 -027* Applicant: Mach 1 LLC Location 6540 Manor Lane AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING ' USE DISTRICT FROM "RS -3" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO "RT -6" TOWNHOUSE RESIDENTIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE PURPOSE OF THE ;ZONE CHANGE IS TO ALLOW CONSTRUCTION OF TWO TOWNHOUSE RESIDENTIAL UNITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE REQUEST The applicant, Mach 1, LLC has submitted application PB -06 -027 requesting a change from RS- 3 to RT -6 zoning use district in order to construct a residential townhouse building on vacant site located at 6540 Manor Lane. The property was the subject of a recent Comprehensive Plan Future Land Use category amendment which changed the current Land Use designation of "Single Family Residential" to "Townhouse Residential" category. The Comprehensive Plan amendment was recommended for approval by the Planning Board and was approved by the City Commission at its October 3, 2006 meeting (see Ord. No. 23 -06 -1891 attached). As a " small scale amendment" the application was forwarded to the Florida Department of Community Affairs for informational purposes. Following a 30 day waiting period the amendment will become effective. REZONING APPLICATION The approval of the proposed Land Use Map amendment was a pre- requisite for the current zoning district change application, which will specifically allow for the new development. In order to proceed with the development as proposed the applicant is requesting to change the LDC Map Change 6540 Manor Lane October 31, 2006 Page 2 of 3 current zoning district from the "RS -3" Single Family Zoning Use District to the "RT -6" Townhouse Residential Zoning Use district. PROPOSED SITE REVIEW QiTF. ANAT.ViC Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North Single Family Residential RS -3 Single family homes East Single Family Residential RS -3 Vacant South Business /Office (County) BU -1 (Business- Neighborhood) (County) S. Dixie Highway/Metro Rail, Service Station West Commercial Retail & Office RO Two Office Buildings (2 story) 1. Compatibility of Use The property is located at the end of a single family residential street and is bounded on the west and south' by non- residential uses. The townhouse zoning is a transition between the commercial uses to the west, the highway /Metro Rail to the south, and the single family residential areas to the east and north. The placement of townhouse units at f this location is compatible with the surrounding community. 2. Compatibility of Density/Height: The Townhouse Residential land use category allows for townhouse -type dwelling "units to be built. The density is set bythe requirement that for each ° unit built there must be 7,260 square feet of site area. The maximum permitted height is two stories. The site is a vacant lot with 16,527 square feet; therefore only two units can be built. - - - 3. Impact on Public Facilities: The applicant's impact on public facilities (concurrency) was accessed at the Future Land Use Map amendment level. The applicant's development proposal will meet all of the City's concurrency requirements, including the submission of a $16,800 parks /recreational facilities fee. A traffic study prepared by a .City engineering consultant indicated sufficiency — no impact on surrounding roadways. 4. Compatible with Comprehensive Plan. A proposed zoning district RT -6 is compatible with and implements the new Future Land Use Map category Townhouse Residential. The proposed zone change is also consistent with the goals and policies of the City's Comprehensive Plan because it forms a transition between non. - residential development and single family residential STAFF OBSERVATIONS 1. The subject property is larger at 16,527 square feet than all other parcels on Manor Lane, . which average about 11,000 square feet. 2. The placement of townhouse units at this location is compatible with the surrounding LDC Map Change 6540 Manor Lane October 31, 2006 Page 3 of 3 community. The townhouse zoning forms a transition between the commercial uses to the west, the highway/Metro Rail to the south, and the single family residences to the north and east. 3. A traffic study analyzing the impact of the proposed development on the surrounding roadways network has been prepared by a consultant to the Planning Department. The report states that townhouse development on the subject site will have no impact on the surrounding i roadway network in terms of traffic management due to an insignificant volume. 4. The applicant's site plan is the same as was submitted during the Comprehensive Plan amendment. The plan is consistent with all of the dimensional requirements for the RT -6 zoning district. The town -homes will face SW 66th Avenue. RECOMMENDATION It is recommended that the proposed change of use from RS -3 Single Family Residential to RT -6 Townhouse Residential Zoning Use District for 6540 Manor Lane be approved. Attachments: Ord. No. 23 -06 -1891 Application Letter of Intent Location map Survey (6 -1 -01) Site Plan Copies of Public Notices SAY P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \10- 31- 06\PB -06 -027 Rezoning 6540 Manor RS -3 to RT -6.doc ORDINANCE NO. 23-06-1891 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF "SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY AND SPECIFICALLY LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -06 -020 was submitted to the Planning and Zoning Department by Mach 1, L.L.C. said application requesting to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single Family Residential to the Townhouse Residential category on property located at 6540 Manor Lane and legally described as Lot 15 Block 5, Davis Manor Subdivision; and WHEREAS the Planning Department. staff in a report dated August 8 2006 recommended approval of the proposed amendment based upon the location of the site abutting commercial properties, the minimal increase in density and traffic, and its compatibility with the Comprehensive Plan; and WHEREAS, on ; August 8, 2006, after Public Hearing regarding the proposed amendment, the Local Planning Agency "recommended approval of the application subject by a vote of 6 ayes 0 nays; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is hereby amended by changing the future Iand use category from the category Single Family Residential to the Townhouse Residential category on property located at 6540 Manor Lane and legally described as Lot 15 Block 5, Davis Manor Subdivision Section 2. The subject Future Land Use amendment is considered a small scale amendment in accordance with the criteria set forth in Fla. Stat. 163.31870)(01 a thru f; and that prover notice requirements set forth in Fla. Stat. 163.31$4 and 166.041 for a Future Land Use amendment have been complied with. Ord. No. 23 -06 -1891 Section3. The development regulations applicable to the subject property shall be as specified in the Land Development Code and as set forth in the zoning use district amendment ordinance which will be required to be adopted in order to implement the proposed development of the site. Section 4. 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 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. , Section 6. This ordinance shall be effective immediately after the adoption hereof. Section 7. That pursuant to Fla. Stat 163.31 1 (c 2 b copies of the notice and the ..-P Affa ;" anA the South Florida Regional Planning Commission. PASSED AND ADOPTED this day of October, 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: C T APPROVED: l' Reading - 9 2" a Reading — 1 )06 3/06 COMMISSION VOTE• Yea Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea ar 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: 6,µ0 In4A)oa e_,4wC' Lot(s) 1,9 Block T Subdivision DAVO A1,4 aR PB S-1- H� Meets &Bounds: Applicant: 104C/Y/ /_ e- C Phone: 30S- W ? -/'�21 Representative- ��,tve,l -t XAJO Organization: 1� /7 Address: 3 2444 $ , F� , Phone: Property Owner: Signature: io Mailing Address: � /6 ""' /Phone: ' e9b 5" 3 81' �v,tT ,xc . 33 Architect/Engineer: Phone: UHE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: A Owner Owner's Representative Contract to purchase ._Option to purchase —Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC _Variance Letter of intent zoning Map Amendment _Special Use Justifications for change PUD Approval _Special Exception _ _ en o hip 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 4OfCurrent survey (1 original sealed and _ �j R T6 reduced copy @ 11" x 17') 'signed/1 15 copies of Site Plan and Floor Plans ' reduced copy @ 11" x 17" '20% Property owner signatures C: �hr Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map 0 7Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of th e plicant's knowledge and belief. Applicant's Signature antf 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 PB Hearing Date of Commission Petition Required Petition Accepted Method of Pavment 8/2/00 Mach 1 LLC 3080 SW 38th Court Miami, F1. 33146 Of: 305 -448 -3377 / Fax: 305- 448 -3334 hersk@atlanticbb.net September 8th, 2006 To: City of South Miami From: Andrew Herskowitz, Managing Partner Mach 1 LLC Re: Letter of Intent for application for Public Hearing Before Planning Board City Commission To Whom It May Concern: I am requesting to have a zoning change from single family residential RS -3 to townhouse residential RT -6. My property is located at 6540 Manor Lane. The property is currently a vacant lot and has been vacant for the past 17 years. The lot borders the metro -rail to the east, 80th street to the south, and 66th avenue to the west. The lot size. is 16, 527 square feet which would allow 2 units (duplex - townhouse) to be built on this lot following the zoning regulations outlined in Section 20 -3.5F of dimensional requirements. I am requesting this change because the location does not lend itself to single family housing due to the commercial environment surrounding the property on three sides. I would like to build a duplex town home which would be a nice transition between the commercial environment and the single family neighborhood. Enclosed you will find a petition ,signed by the immediate surrounding neighbors agreeing to this change that was signed in May of 2006. In addition you will find another petition signed by 184 surrounding neighbors agreeing that a duplex -town home would be a welcomed transition between the commercial area and the single family area. Sincerely, Andrew Herskowitz Managing Partner Mach 1 LLC zit�// a City of South Miami PB -06 -027 Zoning Use District Change RS -3 Single Family Zoning to RT -6 Townhouse Zoning 6540 Manor Lane 56755 1 7380 7381' Q 8080 5951 7360 6491 6481 6461 64511 7340 k, 7341 7340 1 1 6331 SW 74TH ST rn 6700 Q 7401 7400 n 6 0 O cp o 0 0 r 7400 7401 7400 7401 p n --� Q cw7c c°o m coo o 7421 7410 7411 0 m o Lo � co 7420 Z) -J 7411 741p v 9 7431 7420 7421 7440 (n 7441 co 7440 7437 7430 F- V 431 m 7500 _ 7511 m o m 0O r 7450 7441 7501 cD cro _ la m C7 O m N - ca R 7500 ,7511 7510 ' M Cfl 7511 o 7531 6540 0 6510 1y6^ 7510 7521 7520 7521 SW 75TH TER coo ,°� °v con ° o cc) Ln -(D 6551 to 7570 1s) 7540 7531 7530 7531 w n w r co co Q 7551.. 76TH ST J 7600 -J 1 rn a, Lo 7611 7600 7601 m = t a cn w a � m 6540 6520 7610 m `° m J 1 E6561 7621 7610 7611 7620 Q 6541 6821 7631 7620 7621 7631 v r� 7630 SW 76T 7630 Arb w to ti m cro 0 7651 co m 7640 ry ti 6522 7641 1631 rn sus �yo rahb 7640 8 7651 79 m co m m 7710 7709 N c co 6400 w 7661 SW 77TH T N 07720 Q o 1ry c bo' y to ca co ca co 7730 � r� W o N o o to co co `O 35 ti n r . O Q : r N m of 1140 6p6� w m m I� m co r� —, Q r 00 o Lo N w co N ( V N c1oo w co 6501 S O 7830 co co %78507 7840 W coo m 04 coo Lo m c`oc 0�� p X0 s6 7850 Q m N 6 55 8 O \ 5 7854 V 7854 = `' Ssc, Ssl O m pa8 n o 7862 7861 7862 CO 6 O s�,a ap ^�0�i m Qs 7902 7901 7902 N E �6a co 6341 to 016, 6741 6711 . SW/.BQ�MS� •• ... .. . DAVIS DR • •••••••••• ......DA,N�S�DFi ^0 o ro 1C 66�� 6� 0 op w 601y X 6420 µ 8020 S�Y RR ■A_ C. � 030 Oryh ro n 6721 8080 � co v rn n 6721 8080 � co SW 81ST ST 6700 'R E Y �...... Shy �$T■ S�-...... ■ 8040 w i0 6490 6480 6470 645 6440 6430 6420 6400 8100 � 0 300 600 900 1,200 1,500 Feet N N a� Z m a -C c a a Z U) o m w cc T , t�v WO�� � s N mS � C a`•`i V! , or. II IV N 11.:. o � C4 w^� N Q c u�i a 2 � N iti'-J 41a Va x J vi W % m OC ° ZO N O w� o � y:S i3 .EMT: N Lu w ' a .a a o. °C����ti rya•, ch ~ • M 13 �d m .y N o 0 m �E <'♦ o rj I ^ U w C ^� tlntl. a G J U o e n ••� N � U 4JH ti� tl� r u �iC o O O w � 0 � �.1 Y��. o 4 W I-I • n W 14,4 Cam* I,.- U Y V 11 \ Yi Ya. Y ,00;'51 �. ,....�:,y �' .5'fi •L£ 0 U 331r—=--l. . o LO A n e IY h 4 di °p 01 Q V\ by V s +�i '0 R, zt h U a� Z m a z? o a Z U) o m w cc T , t�v WO�� s N mS UJI m a`•`i V! , or. II IV N 11.:. C4 N Q c u�i a 2 � N iti'-J 41a Va x J vi W % m OC ° ZO N O w� o � y:S i3 .EMT: N Lu w ' a .a a o. °C����ti rya•, ch ~ • M 13 �d m .y * � ayr EmlC� 0 m �E <'♦ (7 6 + ' � V m m :0 0 Eti C J eN a Wa O u w cc T `k s 6 + ' � V m m :0 0 Eti �� k C* 71 J V d 3� .:170 a ro�5 v ,� m0 °qa 05 oEbi f �E 0 N W c °^ X Wiz' a Z (� m a YV +I N y F, a Son r ¢{ w xz :\ o h �•N iVK� Cda m C 11 i _ n :3 1+7F 0 v,C � i r o. pxp m w m �l LL NLL Z �J� Mm 3 x a E U¢iiUU ¢U �w X111 11111 �cr¢ u5 I -1; �G V �� k C* 71 J V d 3� .:170 a ro�5 v ,� m0 °qa 05 oEbi f �E 0 N W c °^ X Wiz' a Z (� m a YV +I N y F, a Son r ¢{ w xz :\ o h �•N iVK� Cda m C 11 i _ n :3 1+7F 0 v,C � i r o. pxp m w m �l LL NLL Z �J� Mm 3 x a E U¢iiUU ¢U �w X111 11111 �cr¢ u5 I -1; 11 II al 11 II IV N 11.:. �� k C* 71 J V d 3� .:170 a ro�5 v ,� m0 °qa 05 oEbi f �E 0 N W c °^ X Wiz' a Z (� m a YV +I N y F, a Son r ¢{ w xz :\ o h �•N iVK� Cda m C 11 i _ n :3 1+7F 0 v,C � i r o. pxp m w m �l LL NLL Z �J� Mm 3 x a E U¢iiUU ¢U �w X111 11111 �cr¢ u5 I -1; i - Y I 1 _ i r = 2. IST vz JIF LL ly, f _ - . \ I - \ G \ � \ j j a =0` v` Z l 0 ON I Z N o ;O} r<M JU N f0 �j c ,� � v°' .� . Q • " : °� o tij, U z��' � x ELI U °1 .�� try _• .. r sa' � .n � nntl: N w� ts N •� N i � � "'�. E Eft •ter ti . • "�' uU ga m 0.0 \R v O ba! Y. A yrt �.F}.F 0 OC m yQ N-NN O o. Qti `\x•+61.: og� 0�` k N W a In i3E 'vim 4. 14 k.+ N, h e C.1 ZQ V h iJ w a � U) v - 141 � rn II Q >: h� 03 la °00'051 0L ig 6 mEE E tai I III ; �Z` N I Z n �I b m Ld v II0�t w 5 C_ O h �• .2 w '7 0 no �. fit ZS • .YS .N:. 3'4 --°. y�4 x °j,A�' M •a Ot _•t ilg9 a; 'W s ao m o J - •N N ¢ — e?y a ? Z \ '3 a c a. s �b� rv- �: pax a, m . -`� ,p•tt LL N 2�0� N N `m N .11;°1 11 11.: �^ vo¢°$� a 6E19 I . 1 .,l SLOW South Miami -AmMUC Y CITY OF SOUTH MIAMI till. OFFICE OF THE CITY MANAGER 1927 o R INTER- OFFICE MEMORANDUM 2001 To: Via: From: Date: The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Sanford A. Youkilis, Acting Planning November 28, 2006 Directo ITEM No. ;� 91 Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 20- 4.4(I)(1) OF THE LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT SCRIVENER'S ERROR TO CORRECTLY CROSS - REFERENCE TO RE- NUMBERED SUBSECTION 20- 4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE TO SUBSECTION 20- 4.4(M); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE Background The subject amendment to LDC Section 20- 4.4(I)(1), relating to valet parking is to correct a scrivener's error. During the past several years the city has amended both its valet parking and general parking provisions several times, including the passing several parking moratorium ordinances. During the process of inserting the revisions into the LDC an error was made in the re- numbering process resulting in an incorrect reference. LDC Section 20- 4.4(I)(1) which provides allows the issuance of valet parking permits states that the standards and regulations for operating a valet parking service are in Sec. 20- 4.4(L). That is an error as subsection (L) relates to parking fees. The reference should be to Section 20- 4.4(M), which does contain standards and regulations for operating a valet parking service. The technical amendment as shown in the attached draft ordinance prepared by the City attorney corrects this reference error. The ordinance also corrects two other technical errors contained in Sec. 20 -4.4 (M). The Planning Board at its October 31, 2006, after public hearing, adopted a motion by a vote of 6 ayes 0 nays to recommend that the above technical amendments to LDC Section 20 -4.4 be approved. Recommendation: The technical amendments as shown on the attached draft ordinance should be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 10 -31 -06 Public notices SAY RkComm Items\2006 \11 -28 -06 \LDC 20 -4.4 Tech Amend CM Report.doc 1 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 AMENDING CHAPTER 20- 4.4(I)(1) OF THE LAND 6 DEVELOPMENT CODE RELATING TO VALET PARKING TO 7 CORRECT SCRIVENER'S ERROR TO CORRECTLY CROSS- 8 REFERENCE TO RE- NUMBERED SUBSECTION 20- 4.4(M) 9 RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE TO 10 SUBSECTION 20- 4.4(M); PROVIDING FOR SEVERABILITY; 11 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami desire 14 to amend the city's land development code, section 20- 4.4(I)(1), relating to valet parking 15 to correct a scrivener's error; and, 16 17 WHEREAS, the city has amended both its valet parking and general parking 18 provisions of the city code several times, including by passing several parking 19 moratorium ordinances; and, 20 21 WHEREAS, due to the amendments the parking code has been re- numbered and 22 has created new subsections; and, 23 24 WHEREAS, due to the renumbering and creation of new subsections, subsection 25 20- 4.4(I)(1) was overlooked, and the subsection referenced [20-4.4(L), which subsection 26 currently relates to parking fees , generall y] needs to be corrected to reflect the proper 27 subsection of 20- 4.4(M), which section specifically relates to valet parking permits; and, 28 29 WHEREAS, additionally, the code needs to be amended to correct a second 30 scriveners error, which error was to leave the following editorial comment in the code, 31 which comment was never meant to be a part of the code and should be stricken from the 32 code, to wit: "[The remaining paragraphs are numbered and reordered.]"; and, 33 34 WHEREAS, to ensure that section 20- 4.4(M) is in no way misleading, the Mayor 35 and City Commission desire to amend the title to 20- 4.4(M) to reflect the title of "Valet 36 Parking Permit(s)." 37 38 WHEREAS, the Planning Board at its October 31, 2006 meeting, after public 39 hearing approved a motion by a vote of 6 ayes 0 nays recommending that the proposed 40 technical amendments to Land Development Code Section 20 -4.4 be approved; and 41 Additions shown by underlining and deletions shown by evefstfiking. 2 1 WHEREAS, the City Commission desires to accept the recommendations 2 of the Planning Board and enact the aforesaid amendments to LDC Sections 20- 4.4(I)(1) 3 and 20- 4.4(M) to correct the scrivener's error. 4 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 7 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 8 9 Section 1. Section 20- 4.4(1)(1) is hereby amended as follows: 10 11 12 (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the 13 required parking for hotels, hospitals, offices, and nightclubs, restaurants or 14 retail establishments may be satisfied through the provision of valet parking 15 spaces via special parking permit approved by four affirmative votes of the city 16 commission, pursuant to the following conditions: 17 18 (1) The valet parking operation shall comply with Section 20 4.4(L) 20- 19 4.4 M , as amended from time to time, of the South Miami Land Development 20 Code, entitled "Valet Parking Permits." [The ,.°„ , tgraphs 1 22 23 24 Section 2. Section 20- 4.4(M) is hereby amended as follows: 25 26 (M) Valet Parking Permits for r -se „f ub ie rU e 27 28* 29 30 31 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 32 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 33 shall not affect the validity of the remaining portions of this ordinance. 34 35 Section 4. All ordinances or parts of ordinances in conflict with the provisions 36 of this ordinance are repealed. 37 38 Section 5. This ordinance shall be codified and included in the Land 39 Development 40 41 42 Additions shown by underlining and deletions shown by everstrikifig 3 l 2 3 4 Section 6. This ordinance shall take effect immediately upon enactment. 5 6 PASSED AND ADOPTED this day of November, 2006. 7 8 ATTEST: APPROVED: 9 10 11 CITY CLERK MAYOR 12 13 Is' Reading - 14 2nd Reading — 15 16 COMMISSION VOTE: 17 READ AND APPROVED AS TO FORM: Mayor Feliu: 18 Vice Mayor Wiscombe: 19 Commissioner Birts: 20 Luis R. Figueredo, Commissioner Beckman: 21 Nagin Gallop Figueredo, P.A. Commissioner Palmer: 22 Office of City Attorney 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 P: \Comm Items\ 2006\ 11 -28 -06 \Ordinance Amending Chapter 20- 4.4.doc 40 41 - Additions shown by underlining and deletions shown by everstr4king.