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12-19-06
South Miami All- Ammica ft II r 2001 CITY COMMISSION AGENDA City Commission Meeting Meeting date: December 19, 2006 Next Regular Meeting date: January 9, 2007 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM �.o City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. 1) Bike Giveaway Poem /Essay Contest 2) Property & Casualty Insurance Reform 3) 2007 Legislative Appropriations Request ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of November 28, 2006 REGULAR CITY COMMISSION 1 AGENDA - DECEMBER 19, 2006 2 City Manager's Report a) Sunset Drive Improvement's Cost Estimate & up- to- date grant funding source. 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS, AND COMMITTEES; RE- APPOINTING JOYCE PRICE TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING JOYCE PRICE TO SERVE ON THE COMMISSION FOR WOMEN FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING LISA SIMEON TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING LISA SIMEON TO SERVE ON THE COMMISSION FOR WOMEN FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING LILLIE HARRIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING LILLIE HARRIS TO SERVE ON THE CRB FOR A 2 -YR TERM ENDING 12118108) (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 RODNEY WILLIAMS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE 3/5 (A RESOLUTION RE- APPOINTING RODNEY WILLIAMS TO SERVE ON THE CRB FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) REGULAR CITY COMMISSION 2 AGENDA - DECEMBER 19, 2006 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING ALICIA MORALES -FERNANDEZ TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING ALICIA MORALES -FERNANDEZ TO SERVE ON THE ERPB FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING FRANK RIVERA TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING FRANK,RIVERA TO SERVE ON THE ERPB FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING OFFICER PAUL RODRIGUEZ, TO SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A ONE -YEAR TERM ENDING DECEMBER' 18, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING OFFICER PAUL RODRIGUEZ TO SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A 1 -YR TERM ENDING 12118107) (Mayor Feliu) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI`, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING SGT. MICHAEL D'ANGELO, TO SERVE ON, THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A TWO -YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING SGT MICHAEL D'ANGELO TO SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING SUZANNE WILLIAMS, A RESIDENT OF THE CITY OF SOUTH MIAMI, TO SERVE ON THE 'BOARD OF TRUSTEES /POLICE OFFICERS FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING SUZANNE WILLIAMS TO SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A 2 -YR TERM ENDING 12118108) REGULAR CITY COMMISSION 3 AGENDA - DECEMBER 19, 2006 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SHIRLEY HUEBNER TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING SHIRLEY HUEBNER TO SERVE ON THE PARKING BD FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND REGULAR CITY COMMISSION 4 AGENDA - DECEMBER 19, 2006 (Mayor Feliu) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING GLADYS GILLIAM- TURNER TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING GLADYS GILLIAM- TURNER TO SERVE ON THE CRA ADVISORY BD FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ALBERT ELIAS TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING ALBERT ELLIAS TO SERVE ON THE PARKING BD FOR A 2- YR TERM ENDING 12118108) (Mayor Feliu) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SHARON MCCAIN TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING SHARON MCCAIN TO SERVE ON THE PARKING BD FOR A 2- YR TERM ENDING 12118108) (Mayor Feliu) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING KENNETH MERKER TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING KENNETH MERKER TO SERVE ON THE PARKING BD FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SHIRLEY HUEBNER TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING SHIRLEY HUEBNER TO SERVE ON THE PARKING BD FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND REGULAR CITY COMMISSION 4 AGENDA - DECEMBER 19, 2006 COMMITTEES; APPOINTING MICHAEL MILLER TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008 AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING MICHAEL MILLER TO SERVE ON THE PARKING BD FOR A 2 -YR TERM ENDING 12118108) (Mayor Feliu) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ALEX ABRIL TO SERVE ON THE PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING ALEX ABRIL TO SERVE ON THE PARKING BD FOR A'2 -YR TERM ENDING 12118108) (Mayor Feliu) 20. 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 $38,806.67; CHARGING $38,806.67 TO ACCOUNT NO. 001- 1500 -514 -3410, LEGAL SERVICES, NON.- RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $38,806.67; CHARGING THE LEGAL SERVICES, NON- RETAINER ACCT W /CURRENT BAL$121,786.71) (City Attorney) ORDINANCE (S) SECOND READING PUBLIC NEARING (S) 21. 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) 22. 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 REGULAR CITY COMMISSION 5 AGENDA - DECEMBER 19, 2006 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 20-4.4(1) (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) RESOLUTION (S) /PUBLIC HEARING (S) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE - SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT TO PERMIT SPECIAL EXCEPTIONS OF THE LDC: (1) TO ALLOW A TOTAL LOT COVERAGE OF 26,833 SQ FT WHICH EXCEEDS THE MAX 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50o LOT COVERAGE ON SW 74" ST; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FT WHICH EXCEEDS THE MAX PERMITTED BUILDING SQ FOOTAGE OF 20,000 SQ FT; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COT ALL FOR PROPERTY LOCATED AT 5966 -70 SO DIXIE HWY) (City Manager) REGULAR CITY COMMISSION 6 AGENDA - DECEMBER 19, 2006 RESOLUTION (S) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SOUTH MIAMI- DADE`WATERSHED STUDY AND PLAN; EXPRESSING STRONG CONCERNS WITH THE CONCLUSIONS OF THE WATERSHED PLAN AND SPECIFICALLY THE PORTION OF THE PLAN THAT APPEARS TO IMPOSE HIGH DENSITY MULTI- FAMILY ZONING WITHIN A LINE DRAWN FOR `ZONE A AND ZONE B' THAT EXTENDS 1- MILE FROM THE US 1 AND OTHER CORRIDORS URGING THE COUNTY COMMISSION TO MODIFY THAT PORTION OF THE PLAN AND TO CLEARLY STATE IN THE WATERSHED PLAN THAT THERE SHALL BE NO IMPOSITION OR OVERLAY OF HIGH DENSITY ZONING IN SINGLE FAMILY AREAS; SEEKING SUPPORT FROM ALL AFFECTED COMMUNITIES; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION EXPRESSING STRONG CONCERNS WITH THE CONCLUSIONS OF THE WATERSHED PLAN URGING THE COUNTY COMMISSION TO MODIFY THAT PORTION OF THE WATERSHED PLAN THAT EXTENDS 312 MILE FROM THE US 1 AND OTHER CORRIDORS; AND TO CLEARLY STATE IN THE PLAN THAT THERE SHALL BE NO IMPOSITION OR OVERLAY OF HIGH DENSITY ZONING IN SINGLE FAMILY AREAS) (Commissioner Beckman) ORDINANCE (S) FIRST READING PUBLIC HEARING S) 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A TEN YEAR RENEWAL TERM, WITH A AUTOMATIC RENEWAL TERM FOR AN ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT, FRANCHISE FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING. SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (City Manager) ORDINANCE (S) FIRST READING 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 1OA -45 OF THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE REGULAR CITY COMMISSION 7 AGENDA - DECEMBER 19, 2006 PONDING ON ADJOINING PROPERTIES OR PU] AND TO AMEND THE PERMITTING PROCESS PROPER REVIEW AND DRAINAGE; SEVERABILITY, ORDINANCES IN CONFLICT, DATE. (Deferred (Mayor Feliu) 3LIC RIGHTS -OF -WAY SO AS TO ENSURE PROVIDING FOR AND AN EFFECTIVE 12105106) 3/5 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI," FLORIDA, RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; 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. " COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF.A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 8 AGENDA - DECEMBER 19, 2006 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 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, November 28, 2006, beginning at 7:08 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Horace G. Feliu, and, Commissioners Velma Palmer, Marie Birts and Jay Beckman. Vice Mayor Randy G. Wiscombe was absent. Also in attendance were: City Attorney Luis Figueredo, City Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley. B. Invocation: The invocation was delivered by Mayor Feliu. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) Certificates of Appreciation for Grey Ghost Cheerleaders The 2006 South Miami Grey Ghost Cheerleaders were presented with certificates of appreciation. They had a competition on October 28th winning first place on every category. 70 lbs Daisha Bivens, Nakaycia Brewten, Laswan Cail, Sherese Campbell, Shavarria Capers, Tytianna Elam, Anna Ellis, Ayren Ellis, Kayla Harmon, Darnisha McGuire, Rianny McKinnon, Cymon McWilliams, Asia Simpson, D'ayjannek Ware, Ariel Woodley 90 lbs Jenisha`Brown, Sharon Brown, Keturah Davis, Arianna Ellis, Jon - Tayvia Hollinshead, Yolanda James, Lashay Lawson, Paulsha Levasseur, Ernecia Mallard, Rada McKinnon, Jalin Maye REGULAR CITY COMMISSION 1 MINUTES - November 28, 2006 1 115 lbs 2 Yasheta Brown, Destiny Davis, Rontisha Fox, Quinnessa Hosten, 3 Paulitha Lane, Michelle McCoe, Annya McMillan, Crystal 4 McWilliams, Courtney Mills, Shanta Tumawo, Christina Watkins 5 6 7 Sunset Drive Improvements Conceptual Master Plan 8 9 Mr. Balogun introduced the representatives from C3TS. They 10 presented the conceptual master plan for Sunset Drive 11 improvements from SW 69th to SW 62nd Avenues; Sunset Drive from 12 SW 62nd Avenue to US -1; and, City Hall parking lot 13 reconfiguration and improvements. The plan is on tonight's 14 agenda for approval by the Commission in the form of a proposed 15 resolution. Mr. Balogun explained that they have gone through 16 three presentation processes, consisting of a couple of 17 workshops, and the plan was also presented before the ERPB which 18 unanimously supports the project. The total estimated cost of 19 the project is $3.6 million; applications for the funding have 20 been submitted and the County has written a letter of support 21 for the funding of the project through DOT. Staff is also 22 preparing another application for funding included in our list 23 of legislative appropriations for next year. Mr. Ajibola 24 reiterated that we are aggressively seeking for funding, and 25 have already $800,000 which will help with the design 26 construction documents and which will be brought back before the 27 Commission probably within the next couple of meetings. 28 29 30 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 31 32 33 1. Approval of Minutes 34 35 a) Minutes of October 17, 2006 36 37 Moved by Commissioner Palmer, seconded by Commissioner 38 Birts, the motion to approve the minutes of October 17, 2006 39 passed by a 4 -0 vote: 40 41 Commissioner Palmer: Yea 42 Commissioner Birts: Yea 43 Commissioner Beckman: Yea 44 Vice Mayor Wiscombe: Absent 45 Mayor Feliu: Yea 46 47 b) Minutes of November 13, 2006 48 49 Commissioner Palmer made a motion for a correction on page 50 three of the minutes. She said that she had stated that there was REGULAR CITY COMMISSION 2 MINUTES - November 28, 2006 1 "green, stagnant water in the park that was very smelly." She 2 said that she did not mean to imply that the bathrooms were 3 smelly. The motion to amend the minutes was seconded by Mayor 4 Feliu 5 6 With no further comments, the motion to approve the minutes 7 of November 13, 2006 as amended passed by a 4 -0 vote: 8 9 Commissioner Palmer: Yea 10 Commissioner Birts: Yea 11 Commissioner Beckman: Yea 12 Vice Mayor Wiscombe: Absent 13 Mayor Feliu: Yea 14 15 2. City Manager's Report 16 17 Ms. McKinley announced a request from Vice Mayor Wiscombe 18 to pull item no. 14 on the agenda since he will not be attending 19 this meeting and would like to have the opportunity to discuss 20 it. 21 22 Ms. McKinley then reminded that our Holiday Party is on 23 December 15th and said that she hopes that all the Commissioners 24 will be able to attend. 25 26 Ms. McKinley also referred to the Employee Manual and the 27 date of Thursday, January 4, 2007 starting 6:00 p.m. was 28 scheduled to hold a final workshop. 29 30 At this time, Mr. Balogun reported on the ingress /egress to 31 the Community Center. Staff is working on a solution in order to 32 improve the visibility there. He also reported that staff has 33 taken care of the standing water at Dante Fascell Park and that 34 they will continue to monitor that situation and also the water 35 running from a property on the back of the Park. 36 37 Commissioner Birts asked for the status of the bus benches. 38 She said that instead of being eliminated there seems to be even 39 more. Mr. Balogun explained that the City has started by 40 eliminating them from the corridors, specially the ones on 41 Sunset, and that we have not extended the contract. 42 43 Mayor Feliu said that he has been working together with 44 Commissioner Gimenez in order to get a covered bus bench by the 45 Senior Center. Ms. McKinley explained that this will be the only 46 bus bench where the City will allow advertising because of the 47 location which is on County property, and there will be an 48 interlocal agreement between the City and the County for the 49 purpose of installing a bus bench on that location. 50 REGULAR CITY COMMISSION 3 MINUTES - November 28, 2006 -- 1 Mayor Feliu referred to the noise issue at the Professional 2 Building. He said that he spoke with the manager of the building 3 who informed him that they have already finalized an agreement 4 with Trane with whom they will be splitting the cost of erecting 5 a wall on top of the building. The Mayor said that he was 6 informed that the project should be completed by mid January. 7 8 Commissioner Beckman said that even though the noise of that 9 air conditioning is the worst in the City, that is not the only 10 one that he is receiving complaints about. He said that what they 11 really should do is passing an ordinance that will require all 12 air conditioners for commercial buildings to have a perimeter 13 wall with sound proofing on the inside. 14 15 3. City Attorney's Report 16 Town Center special assessments requirements 17 18 Counsel Figueredo presented a brief memorandum outlining how 19 the City can pay for construction improvements, specifically 20 about special assessment requirements. He then explained about 21 the three different ways that cities may choose such as, General 22 Obligation Bonds, Revenue Bonds, and Special Assessment District 23 for municipal improvements. 24 25 Mayor Feliu at this point said that he would like to sponsor 26 a resolution about setting up an ad hoc committee for the purpose 27 recognizing the citizen of the year. He then referred to some 28 complaints he has received about people working on weekends at 29 Palmer Park. Ms. McKinley said that she has contacted the school 30 and that they are putting a report together which she will 31 present to the Commission. 32 33 Commissioner Palmer referred to lawnmowers running at 6:00 34 in the morning. Ms. McKinley said that the City has a noise 35 ordinance from 7:00 p.m. to 7:00 a.m. Monday through Saturday. 36 She said that it would be up to the Commission to change the time 37 by amending the ordinance. Mayor Feliu said that he will be 38 looking into that ordinance. 39 40 With no further comments, the Manager's and Attorney's 41 Reports concluded. 42 43 Moved by Mayor Feliu, to bring items no. 15 and 16 on the 44 agenda out of order and placing them before Public Remarks. 45 Seconded by Commissioner Birts, the motion passed by a 4 -0 vote: 46 47 Commissioner Palmer: Yea 48 Commissioner Birts: Yea 49 Commissioner Beckman: Yea 50 Vice Mayor Wiscombe: Absent 51 Mayor Feliu: Yea REGULAR CITY COMMISSION MINUTES - November 28, 2006 M 1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) VA 3 24 -06 -1892 4 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH 6 MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND 7 ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE 8 WITH CURRENT COLLECTIVE BARGAINING, AGREEMENTS BETWEEN 9 THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR 10 ORGANIZATIONS; PROVIDING FOR SEVERABILITY PROVIDING 11 FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 12 (City Manager) 3/5 13 14 Moved by Mayor Feliu, seconded by Commissioner Birts to 15 approve this item. 16 17 Pension attorney Ken Harrison presented the item and 18 provided clarification to questions posed by the Commission. 19 20 The public hearing was opened and closed with no speakers. 21 22 With no further comments or discussion, the motion to 23 approve this item passed by a 4 -0 vote: 24 25 Commissioner Palmer: Yea 26 Commissioner Birts: Yea 27 Commissioner Beckman: Yea 28 Vice Mayor Wiscombe: Absent 29 Mayor Feliu: Yea 30 31 32 25 -06 -1893 33 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 35 NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO 36 EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN 37 COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND 38 ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE 39 EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE 40 FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION 41 AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE 42 EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE 43 AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN 44 CONNECTION WITH THE MAKING OF SUCH LOAN; PROVIDING FOR 45 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND 46 PROVIDING AN EFFECTIVE DATE. 4/5 47 (City Manager) REGULAR CITY COMMISSION 5 MINUTES - November 28, 2006 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 Moved by Commissioner Palmer, seconded by Mayor Feliu and Commissioner Birts to approve this item. Counsel Figueredo presented this item, explaining that the reason for asking for an additional $1.5 million is because approximately $1,708,288 of the funds that were supposed to be used for construction costs have been used to repay the loan, as a result of the four year delay in the beginning of the construction. The request tonight is for borrowing an additional $1.5 million above the $11 million authorized. He said that pursuant to our settlement agreement with MRP, these costs that we are borrowing will be paid by MRP; the City's responsibility for getting the payment is $1 million plus soft costs; he said that he also factored in an additional $300,000 in the $1.5 million; however, the Commission may choose to authorize only the $1.2 million, but the reason the additional $300,000 was put in is that for the next year the building will be under construction and there will be no parking or ticket revenue generated from the lot that the City typically relies on. Attorney representing MRP, George McArdle, said that it seems that they will be turning over the space to the restaurants for their improvements in early April; that will mean that the shell will be up by then and that they will be able to put cars in by the summer time. Commissioner Palmer said that she needed more information to support what was in front of her. She said that there was no breakdown as to the soft costs. She did reiterate that she wanted to support this project but that she definitely needed more information. She then said that they were told that we have extra money that was left after the budget, and that she is very cautious about so much borrowing. Counsel Figueredo said that it is his understanding that we have historically been giving this Commission the breakdowns; it was not included here because this is a general request that goes with the loan, but the actual construction cost, how money has been spent, and what interest has been accrued has been provided to this Commission many times. He continued explaining the importance of getting this approved in order to meet the League of Cities' November deadline, otherwise we would need to wait until March and that is problematic because we are out of money now. Commissioner Palmer again information, that she is generalization and that she generalization. REGULAR CITY COMMISSION MINUTES - November 28, 2006 said that there war working at this does not function not enough point with well with 1 Moved by Commissioner Palmer to defer this item until she 2 got all the information that she needed. The motion died for lack 3 of a second. 4 5 In response to Commissioner Palmer's questions regarding the 6 breakdown of the soft cost, Counsel Figueredo said that he did 7 not know what the League of Cities would charge to float the 8 bond. He said that typically, when a bond,is floated, they would 9 charge the city a percentage of the cost to issue the bond; it 10 depends on the size of the bond, and, since we are participating 11 in a pool, it is not just a $12 million bond, it could be ' a $100 12 million bond with several other cities participating; depending 13 on how many cities participate, then they figure out what our 14 share of those costs is. He said that nothing beyond $12 million 15 is going to be used for construction costs. 16 17 At this time the public hearing was opened. 18 19 David Tucker Sr. advised the Commission to write down a list 20 with all the things that they do not understand on this issue, 21 which would make it easier for them in making a decision tonight. 22 23 Cathy McCann asked for clarification as to how the money is 24 going to be repaid. Counsel Figueredo replied that MRP is paying 25 it back. She said that in her opinion borrowing $300,000 is not a 26 good idea. She then referred to the minutes of February 1, 2005 27 where the Finance Director said that after one year there would 28 not be a problem. She added that the Commission should have more 29 questions answered. 30 31 Yvonne Beckman said that she also has a concern about adding 32 $300,000 to a loan. She said that the $2.1 million that was extra 33 in the budget did not go back to the taxpayers; rather, just a 34 small portion went back to the taxpayers. She said that the City 35 should have money leftover to pay without borrowing. 36 37 Dick Ward said that this issue goes back to at least three 38 city managers and six mayors in about eight years, and we have 39 heard the same thing through all this time. He said that the 40 issue of the parking garage should have been resolved a long time 41 ago and the City would have saved a lot of money. 42 43 Counsel Figueredo again explained that the City's 44 responsibility is only $1 million in terms of repayment; 45 therefore, he advised against reaching into the City's coffers 46 for more than $1 million because MRP has a financial 47 responsibility to pay it back; we should limit our investment in 48 this project at $1 million. 49 REGULAR CITY COMMISSION 7 MINUTES - November 28, 2006 Moved by Commissioner Palmer directing staff to only borrow $12 million plus closing costs. Seconded by Commissioner Beckman, the motion passed by a 4 -0 vote Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea With no further comments or discussion, the motion to approve this item as a whole passed by a 4 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Absent Mayor Feliu: Yea At this time the Mayor announced a 5- minute break. PUBLIC REMARKS David Tucker Sr. read an essay regarding a the history of this nation's constitution. Brad Cassel, a member of the Pension Board, referred to the general employees' contract as of January 2006. He also spoke about the benefits for a qualified pension; one of the benefits is that if the pension is not qualified the pension money of the employees is taken out after taxes, and that could be a heavy burden on some of the general employees. Yvonne Beckman with respect to the Sunset Drive improvements said that the clock seemed too ostentatious for South Miami. She also said that she did not see on the presentation any bike or walking path leading to the Metrorail. Debra Bowman, owner of the property on the agenda for historic designation, located at 6151 SW 63rd Terrace, said that she wanted to go on the record, urging the Commission to disapprove the designation of her property. She added that she has been attending all of the meetings on the subject and that the Planning Board minutes wrongly reflect that a gentleman mentioned that she approved the designation; she said that this was not the case. REGULAR CITY COMMISSION MINUTES - November 28, 2006 1 With no further speakers the public remarks session was 2 closed. 3 4 Moved by Mayor Feliu, seconded by Commissioner Birts, the 5 motion to bring item no. 27 (now no. 4) out of order passed by a 6 -4 -0 vote: 7 8 Commissioner Palmer: Yea 9 Commissioner Birts Yea 10 Commissioner Beckman: Yea 11 Vice Mayor Wiscombe Absent 12 Mayor Feliu: Yea 13 14 ORDINANCE (8) FIRST READING 15 16 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 18 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 19 LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE 20 DISTRICT FROM "RS -3" SINGLE FAMILY RESIDENTIAL ZONING 21 DISTRICT TO "RT -6" TOWNHOUSE RESIDENTIAL ZONING 22 DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE 23 PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF 24 TWO TOWNHOUSE RESIDENTIAL UNITS; PROVIDING FOR 25 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 26 PROVIDING AN EFFECTIVE DATE. -34/5 27 (City Manager) 28 29 Moved by Mayor Feliu, seconded by Commissioner Palmer to 30 approve this item. 31 32 Mr. Youkilis presented this item. 33 34 With no further comments or discussion, the motion to 35 approve this item, and place it on second reading at the December 36 19, 2006 City Commission meeting passed by a 4 -0 vote: 37 38 Commissioner Palmer: Yea 39 Commissioner Birts: Yea 40 Commissioner Beckman: Yea 41 Vice Mayor Wiscombe: Absent 42 Mayor Feliu: Yea 43 44 45 At this time some items were pulled from the Consent Agenda: 46 Commissioner Beckman pulled items no. 8 and 13; and Commissioner 47 Palmer pulled items no. 9, 11 and 12; item no_ 14 was also pulled 48 to be later deferred. (now nos. 12 -17) REGULAR CITY COMMISSION 9 MINUTES - November 28, 2006 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 CONSENT 210 -06 -12351 7. 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. 3/5 (City Attorney) 211 -06 -12352 8. 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 271 2008 AND PROVIDING AN EFFECTIVE DATE 3/5 (Mayor Feliu) 212 -06 -12353 9. 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 (Mayor Feliu) 213 -06 -12354 10. 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 (Mayor Feliu) 214 -06 -12355 11. 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 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve the Consent Agenda passed by a 4 -0 vote: REGULAR CITY COMMISSION MINUTES - November 28, 2006 10 1 2 Commissioner Palmer: Yea 3 Commissioner Birts: Yea 4 Commissioner Beckman: Yea 5 Vice Mayor Wiscombe: Absent 6 Mayor Feliu: Yea 7 8 9 RESOLUTION (S) 10 11 215 -06 -12356 12 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PENSION 14 BOARD; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE 15 VIDEO TAPING OF PENSION BOARD MEETINGS; AND PROVIDING 16 AN EFFECTIVE DATE. 3/5 17 (Mayor Feliu) 18 19 Moved by Mayor Feliu, seconded by Commissioner Birts to 20 approve this item. 21 22 Commissioner Beckman pulled this item to inquire about the 23 cost involved with this proposal. He wanted to know how much it 24 is going to cost and how it will be funded. Ms. McKinley, 25 explained that in order to provide that information she needed to 26 establish the amount of hours that would be devoted to this.' 27 28 Mayor Feliu explained that he sponsored this resolution for 29 the purpose of having everybody informed of the business of the 30 City, including the employees who cannot attend all of the 31 meetings because they are all working. 32 33 Ms. McKinley said that she will provide the Commission with 34 the information of what broadcasting all the meetings will cost. 35 36 With no further comments or discussion, the motion to 37 approve this item passed by a 4 -0 vote: 38 39 Commissioner Palmer: Yea 40 Commissioner Birts: Yea 41 Commissioner Beckman: Yea 42 Vice Mayor Wiscombe: Absent 43 Mayor Feliu: Yea 44 45 46 216 -06 -12357 47 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 48 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 49 MANAGER TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT OF REGULAR CITY COMMISSION MINUTES - November 28, 2006 11 1 $35,000 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND 2 CONSUMER AFFAIRS FOR PHASE I OF THE INAUGURAL CITY 3 TREE INVENTORY; PROVIDING AN EFFECTIVE DATE. 3/5 4 (City Manager) 5 6 Moved by Mayor Feliu, seconded by Commissioner Palmer to 7 approve this item. 8 9 Commissioner Palmer said that she believed that we had an 10 inventory of the trees done not too long ago. She asked for an 11 explanation of the real purpose and objective of doing this. 12 13 Mr. Balogun said that we have never done an inventory of 14 trees. This is for a citywide tree inventory program by the 15 Department of Agriculture for trees within the City's right of 16 ways. He said that we have had a line item for inventory of City - 17 owned properties but that is totally different from tree 18 inventory. One of the main objectives is that this will allow us 19 to qualify for a tree city designation for which we will receive 20 additional funding for planting canopy within our right of ways. 21 As a tree city we will get additional grant points on our 22 applications. 23 24 Mr.- Balogun, in response to Commissioner Beckman's inquiry, 25 explained that there is no cost involved with in -kind 26 contribution from the City; this only refers to the time that 27 staff spends during work hours putting out bids, and assisting 28 the consultant with information about the City. 29 30 Commissioner Beckman then asked staff to indicate the 31 funding source, and the City matching, and if there is not a cost 32 then to put `none' 33 34 With no further comments or discussion, the motion to 35 approve this item passed by a'4 -0 vote: 36 37 Commissioner Palmer: Yea 38 Commissioner Birts: Yea 39 Commissioner Beckman: Yea 40 Vice Mayor Wiscombe: Absent 41 Mayor Feliu: Yea 42 43 44 217 -06 -12358 45 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 46 -CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING PUBLIC SCHOOL 47 TEACHERS OF MIAMI -DADE COUNTY IN THEIR EFFORT TO GAIN 48 INCREASED COMPENSATION; PROVIDING AN EFFECTIVE DATE. 49 3/5 REGULAR CITY COMMISSION 12 MINUTES - November 28, 2006 1 Mayor Feliu said that the teachers are hurting (Mayor Feliu) the high 2 cost of living because of their low salaries. 30 Commissioner Beckman: 3 Moved by Mayor Feliu, seconded by Commissioner Birts to 4 approve this item. all over the 5 papers for a long time; it is not just fair and our teachers 6 Commissioner Beckman said that the only problem that he has 7 with this is that he does not know what teachers get paid; he 8 then moved to amend the resolution, Section 1, line 27, by 9 replacing the word increase with the word fair. The motion died 10 for lack of a second. 11 12 Commissioner Palmer said that it is good that the Mayor 13 sponsored this resolution; however, it is a little late because 14 the teachers already voted on the contract. The more support the 15 better, she added. lb 17 Mayor Feliu said that the teachers are hurting with the high 18 cost of living because of their low salaries. 30 Commissioner Beckman: 19 31 Vice Mayor Wiscombe: Absent 20 Commissioner Birts said that the issue has been all over the 21 papers for a long time; it is not just fair and our teachers 22 deserve more and need all the support they can get. We are 23 loosing so many teachers because they cannot afford a house. 24 25 With no further comments or discussion, the motion to 26 approve this item passed by a 3 -1 vote: 27 28 Commissioner Palmer: Yea 29 Commissioner Birts: Yea 30 Commissioner Beckman: Nay 31 Vice Mayor Wiscombe: Absent 32 Mayor Feliu: Yea 33 34 35 218 -06 -12359 36 15. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSIONOF 37 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 38 MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP 39 FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL 40 CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE 41 DEVELOPMENT AND ADOPTION OF THE 2006 EVALUATION AND 42 APPRAISAL REPORT BASED AMENDMENTS TO THE COMPREHENSIVE 43 PLAN; APPROVING A CONSULTANT FEE IN THE AMOUNT OF 44 $35,000; CHARGING THE AMOUNT TO ACCOUNT NO. 01 -1620- 45 524 -3450, PLANNING CONSULTANT SERVICES; PROVIDING AN 46 EFFECTIVE DATE. 3/5 47 48 (City Manager) 49 REGULAR CITY COMMISSION MINUTES — November 28, 2006 13 1 . Moved by Mayor Feliu, seconded by Commissioner Palmer to 2 approve this item. 3 4 Commissioner Palmer, who pulled this item, asked as to 5 whether this money being requested had been budgeted. Mr. 6 Youkilis explained that this money is in the Consultant Account 7 earmarked for this. She then questioned as to why we would need 8 to hire a consultant at this juncture in the EAR process. Mr. 9 Youkilis explained that at this point the State has responded 10 saying that everything that we have in our EAR document is 11 logical, giving us the go ahead to start making the changes. The 12 process of making those changes involves several hundred text 13 amendments in our document; there is also a new capital 14 improvement element that has to be included; and, the whole 15 Comprehensive Plan should be redrafted and put into digital form, 16 and that is the reason for which we need the consultant. The duty 17 of the consultant really is to prepare all of the text amendments 18 to bring to the Planning Board and to the City Commission; they 19 will also prepare a whole new section on capital improvements; 20 and finally, at the end of that process, they submit the document 21 in the proper form to the State for us. 22 23 Commissioner Palmer said that she will be watching the 24 language because previously we had a lot of vague language where 25 everybody was right. Mr. Youkilis said that everything will come 26 back to the Commission within the period of one year 27 28 With no further comments or discussion, the motion to 29 approve this item passed by a 4-0 vote: 30 31 Commissioner Palmer: Yea 32 Commissioner Birts: Yea 33 Commissioner Beckman: Yea 34 Vice Mayor Wiscombe: Absent 35 Mayor Feliu: Yea 36 37 219-06-12360 38 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI AUTHORIZING AN ADJUSTMENT TO THE FY 40 06/07 ADOPTED BUDGET TO INCLUDE $3,024,000 IN 41 ADDITIONAL REVENUES FROM A PROPOSED LONG-TERM LOAN WITH 42 REGIONS BANK IN THE AMOUNT OF $2,730,000 AND PROJECTED 43 GRANT REVENUES FROM THE MIAMI-DADE COUNTY OFFICE OF 44 COMMUNITY & ECONOMIC DEVELOPMENT (OCED) IN THE AMOUNT 45 OF $294,000 AND AUTHORIZING THE AGENCY TO TRANSMIT THE 46 ADJUSTED BUDGET TO MIAMI-DADE COUNTY FOR FINAL 47 APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 3/5 48 (City Manager) 49 REGULAR CITY COMMISSION MINUTES - November 28, 2006 14 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 Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. Commissioner Beckman said that one of the main problems with CRA is that.we do not identify worthy projects before requesting the funding. He said that he would not support wasting money like this and that he hopes that there will be another opportunity in the near future to reform the CRA, and that until that happens he said that he would not support any of this borrowing or poor spending of money. Mayor Feliu said that there are projects on line that have been identified, and that he has a difference of opinion with Commissioner Beckman with regards to the changes that he has seen taking place, and the stimulation of different ideas of an area that needed a lot of attention, and still does. With no further comments or discussion, the motion to approve this item passed by a 3 -1 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Nay Vice Mayor Wiscombe: Absent Mayor Feliu: Yea Moved by Commissioner Birts, seconded by Mayor Feliu, the motion to extend the meeting until 11 :10 p.m. passed by a 3 -1 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Nay Vice Mayor Wiscombe: Absent Mayor Feliu: Yea 17. 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 (Vice Mayor Wiscombe) Moved by Mayor Feliu, seconded by Commissioners Palmer and Birts, the motion to defer this item passed by a 4 -0 vote: REGULAR CITY COMMISSION MINUTES - November 28, 2006 Commissioner Palmer: Commissioner Birts: 15 Yea Yea 1 Commissioner Beckman: Yea 2 Vice Mayor Wiscombe: Absent 3 Mayor Feliu Yea 4 5 6 ORDINANCE (S) FIRST READING 7 (CONT'D) 8 9 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 10 CITY, OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 3 OF THE 11 CITY OF SOUTH MIAMI CODE OF ORDINANCES BY REVISING 12 ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE 13 ADVERTISING AT, IN OR ON BUS SHELTERS; PROVIDING FOR 14 SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN 15 EFFECTIVE DATE. 3/5 16 (City Manager) 17 18 Moved by Mayor Feliu, seconded by Commissioner Birts to 19 approve this item. 20 21 Mr. Balogun presented this item. He said that this is for 22 creating a provision that is not currently in our code, which 23 will regulate bus shelters as to the size, type and so on. - This 24 will be a necessary tool as we promote sidewalks along the main 25 corridors. 26 27 Commissioner Beckman referred to the shelters installed by 28 the County along Ludlam Road; these are standard bus shelters, 29 with standard construction, and they display advertising. Mr. 30 Balogun said that we can regulate County shelters within our 31 City. 32 33 With no further comments or discussion, the motion to 34 approve this item, and place on second reading at the December 35 191 2006 City Commission passed by a 4 -0 vote: 36 37 Commissioner Palmer: Yea 38 Commissioner Birts: Yea 39 Commissioner Beckman: Yea 40 Vice Mayor Wiscombe: Absent 41 Mayor Feliu: Yea 42 43 44 45 46 47 48 REGULAR CITY COMMISSION MINUTES - November 28, 2006 16 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 (S) SECOND READING PUBLIC HEARING (S) (CONT'D) 19. 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 3/5 (Deferred 1011710 6) (City Manager) 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 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) 21. 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 MINUTES — November 28, 2006 17 1 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 3 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 4 LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED 5 BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET 6 DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN 7 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE 8 EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 9 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 10 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 11 (City Manager) 12 13 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 15 COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF 16 ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" 17 AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; 18 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 19 EFFECTIVE DATE. 3/5 20 (City Manager) 21 22 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL 24 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 25 CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL 26 REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN 27 RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A 28 TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A 29 GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO 30 A DWELLING PROVIDING FOR SEVERABILITY; ORDINANCES IN 31 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 32 (City Manager) 33 34 RESOLUTION (S) /PUBLIC HEARING (S) 35 36 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 38 ALLOW FOR THE CREATION OF LOTS "1" AND "2" ON PROPERTY 39 SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH 40 MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL 41 ZONING DISTRICT "; AS PERMITTED BY PROVISIONS PERTAINING 42 TO WAIVER OF PLAT AS SET FORTH IN SECTION 20- 4.2(B) OF 43 THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 44 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE 45 WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A 46 SINGLE FAMILY HOME ON LOT "1" AND THE CONSTRUCTION OF REGULAR CITY COMMISSION 18 MINUTES - November 28, 2006 1 2 3 4 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 A SINGLE FAMILY HOME ON LOT "211; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) (CONT'D) 26. 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 (City Manager) 27. 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 (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (CONT'D) 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) REGULAR CITY COMMISSION MINUTES - November 28, 2006 19 1 COMMISSION REMARKS 2 3 The Commission was afforded time to make remarks. 4 5 There being no further business to come before this Body, 6 the meeting adjourned at 11:05 p.m. 7 8 Attest Approved 9 10 11 12 Maria M. Menendez Horace G. Feliu 13 City Clerk Mayor REGULAR CITY COMMISSION 2 0 MINUTES - November 28, 2006 Ic) L -t- CITY OF SOUTH MLAA11. INTER-OFFICE MEMORANDUM To: City Commission Date; December 19, 2006 Via: Yvonne S. McKinley City Manager �, From: W. Ajibola Balogun -Re: Commissioner's Concern Assistance City Manager Commissioner Beckman's Request: Sunset Drive Improvement's Cost Estimate & up-to-date grant funding source. Action Taken: As an update to the Construction Cost Estimates distributed the November 28, 2006 meeting, following are the estimated total project cost, per phase: • Phase 1 Sunset Drive from SW 62nd Avenue to -T-TS- 1 $3,142,770.62 • Phase 2 City Hall Parking lot Reconfiguration & Impr. $ 540,211.28 • Phase 3 Sunset Drive from SW 69th Ave. to SW 62nd Ave $1,270,448.19 Estimated Total Project Cost:. $4,953,430.09 The estimated total project cost includes: additional survey; detail engineering design (preparation of construction documents), construction cost and construction engineering inspections. With regard to project funding, following is the list of " funding applications we have submitted and the applications we are currently working on: Funding Agency Amount Requested Amount ARProved 1. 2006 Legislative Appropriation $1,100,000-.-00 $800,000.00 2. Florida Department of Transportation $1,800,006.601 $0.00 3. 2005 Legislative Appropriation (SFWM) $ 100,000.00 $100,000.00 4. 2007 Legislative Appropriation Currently L y preparing application 5. MPO Enhancement Program Awaiting Application Process END OF MEMORANDUM CADocurnentsand Settings\abalogun\MyDocuments\A4emo2006 -Response to Commission's request\12-19-06 - Comm Beckfian request for Sunset Drive Funding Source.doc CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manage Adriana Hussein, Finance Director From: Kathy Vazquez, Purchasing Mgr. Date: December 19, 2006 Subject: Expenditures over $5,000.00 Spreadsheet South Miami hAhd ANOWWRY I 11 2001 On March 10, 2005, the City Commission requested that open purchase order expenditures in excess of the $5,000.00 be reported via the City Managers report instead of a Resolution. Therefore, the attached spread sheet has been developed with the intent of full disclosure of expenditures expected to exceed $5,000.00 during the current fiscal year 2006/2007. The attached spreadsheet provides the following information: • Vendor name and number. • Vendor selection • Brief description of services. • Total estimated expenditures for the current fiscal year (05/06) per departments request. All vendors are monitored throughout the year for Charter compliance by Central Services. There will be additional reports through out the fiscal year as vendor expenditures either increase or new vendors are selected. Please let me know if you have any questions. Estimated Expenditures Exeeding $5,000 for same vendor for FY 2006 -2007 PO - Resolution on est. purchases for f -y- 2006 - 2007 -6 12/15/2006 2:20 PM Estimated expenditure for all Vendor Brief Description of depts for fiscal year Vendor Name # Bids or Quote services 06/07 Landscaping 1 Ace Lawnmower 157 MDC Maint /Repair, equip $ 25,000.00 2 Advance Digital Copies 2651 school board printing $ 10,000.00 Alarms for burgl.,fire 3 Alfi Electronics 2744 contract w/ pd and Equip. Maint. $ 11,000.00 4 American Genuine Trk 811 MDC Veh parts $ 13,000.00 AUTH 5 American Truck Crane 534 DEALER PRENTICE Truck / Crane repairs $ 7,000.00 6 Amerilumber 514 QUOTES Repair Maint General $ 14,000.00 B & M Auto (S &W Auto 7 Group) 337 MDC Auto Body work/paint $ 15,000.00 8 BV Oil 1792 MDC Fuel & Oil $ 262,000.00 Electrical supplies, 9 Benson Electric 1657 MDC parts, equip. $ 10,000.00 10 Branching Out 2228 STATE OF FL FUEL SOFTWARE $ 5,500.00 Chevron/Texaco card 11 services 773 fuel cards $ 8,000.00 12 Coral Gables Ford QUOTES veh parts $ 6,000.00 13 Contract Connection 1438 Jacksonville waste baskets & picnic shelter for parks $ 5,500.00 14 Dadeland Air Cond. 4044 Quotes air cond. $ 20,000.00 15 Daily Business Review 593 Sole Advertising (est) $ 10,000.00 IT Hardware & 16 Dell 848 STATE OF FL software $ 60,000.00 17 Display Sales 560 Quotes Holiday Decorations $ 5,500.00 18 Duncan Parking Meters 1739 Sole meter repair parts and cash key $ 8,000.00 19 Emergency Equipment Inst. 4294 quotes PD veh equip repairs & install $ 20,000.00 20 LGalloway te services 2488 PINECREST Drain cleaning $ 20,000.00 Office office su pplies cabinets 21 403 MDC and furn. $ 8,000.00 PO - Resolution on est. purchases for f -y- 2006 - 2007 -6 12/15/2006 2:20 PM Estimated Expenditures Exeeding $5,000 for same vendor for FY 2006 -2007 PO - Resolution on est. purchases for f -y- 2006 - 2007 -6 12/15/2006 2:20 PM Vendor Name Vendor ## Bids or Quote Brief Description of services Estimated expenditure for all depts for fiscal year 06107 22 Genuine Parts 63 MDC veh repair parts $ 10,000.00 23 General Welding 64 MDC Welding of heavy equip. $ 7,000.00 24 Global Industrial 61 SOLE SOURCE Fittings for prentice crane auth dealer $ - Global Fluid 891 $ 7,000.00 25 WW Grainger 4317 MDC Supplies $ 7,000.00 26 Grand Prize Motors 4244 QUOTES Dealer veh parts $ 6,000.00 27 Home Depot 709 GSA hardware supplies $ 6,000.00 28 Homestead Concrete 1356 SMBID street resurf & sidewalk repairs $ 40,000.00 29 International Data Consultants 3693 STATE comput consult/ eng /maint $ 6,000.00 30 JAM Welding 548 Gables / Springs Welding of heavy equip. $ 12,000.00 31 Kilowatts Electric 1345 QUOTES Electrical supplies $ 12,000.00 32 Lacal Equip 1229 SOLE Pompano sweeper supplies & parts $ 7,000.00 33 Leon Engineering 3966 SMBID street resurf & sidewalk repairs $ 40,000.00 34 Mac Paper 427 STATE& MDC Paper supplies $ 10,000.00 35 Martino Tire 95 STATE veh /truck tires $ 20,000.00 36 Miami Dade ITD radios 2205 Sole MDC Police Radio Maint./ Repairs $ 13,000.00 Miami Dade ITD radios 2554 SOLE / MDC Police Radio Maint./ Repairs $ 5,000.00 37 Miami Herald 1200 all Dept's adv. $ 60,000.00 38 Nursery Elegua's Inc 3822 QUOTES landscaping $ 17,000.00 39 Office Depot 483 STATE /MDC Office supplies & Equip $ 39,500.00 40 Palmetto Ford Truck 3280 MDC Truck parts & repairs $ 5,500.00 41 1 Power Brake 1 411 1 MDC brakes 1 $ 6,000.00 PO - Resolution on est. purchases for f -y- 2006 - 2007 -6 12/15/2006 2:20 PM Estimated Expenditures Exeeding $5,000 for same vendor for FY 2006 -2007 PO - Resolution on est. purchases for f -y- 2006 - 2007 -6 12/15/2006 2:20 PM Estimated expenditure for all Vendor Brief Description of depts for fiscal year Vendor Name # Bids or Quote services 06/07 42 Pride of FI 280 STATE /PRIDE tire recapping / boxes $ 10,000.00 automotive and truck 43 Rechtiene International 407 MDC parts / repair $ 6,000.00 44 South FI Maint 3933 MIAMI SPRINGS street sweeping $ 92,000.00 South FI Maint 3933 Mia Lakes & Gables landscape maint 45 Spot Color 3359 MDC College printing of maps $ 71500.00 street resurf & sidewalk 46 T. J. Pavement 3434 So. Mia. Bids repairs $ 40,000.00 47 Tropical Int'I 2064 MDC veh /truck repairs /parts $ 13,000.00 48 Truck Max 3946 SOLE Truck repairs $ 5,500.00 49 Vacel USA 4099 QUOTES computer reconfiguring $ 6,000.00 50 Woody's Lawn Service 1914 QUOTES lawn maint $ 10,000.00 Printing of newsletters, 51 World Printing 1740 QUOTES mailing & postage $ 20,000.00 PO - Resolution on est. purchases for f -y- 2006 - 2007 -6 12/15/2006 2:20 PM 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING JOYCE PRICE TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to re- appoint Joyce Price to serve for a two year term on the Commission for Women. This appointment(s) shall expire December 18, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby re- appoints Joyce Price to the Commission for Women. Section 2. The expiration date of this appointment(s) shall be December 18, 2008 or until a successor is duly appointed and qualified.- Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY DAY OF. APPROVED: MAYOR 2006 COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: T F 1 o r 1 d a r: 11114merfCa 0111 1 1 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 f Fax No. 305 -663 -6348 1. Name: k. Vu 44--� (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. Community Service: V+q, � Dd- !!n rmY. ,. 1.4-1 [ti� 1'+h d,. -0 n 8. Are you a registered voter? Yes _j/ No 9. Are you a resident of the City? Yes V-.-' No 10. Do you have a business in the City? Yes No 11. 12. Ethnic Origin? White Non-Hispanic_ African American /Hispanic American_ I am interested in serving on the following boards) /committee(s): UOrn rn cvY,t�,, -' qV)- O&►ar-) Signature - _ _ _ Date �� -3 C Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 Other 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE ,CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; RE- APPOINTING LISA SIMEON TO 6 SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR 7 TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards and 12 committees, and wish to appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Lisa Simeon to 16 serve' for a two year term on the Commission for Women. This 17 appointment(s) shall expire December 18, 2008 or until a successor is 18 duly appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby re- appoints Lisa Simeon to 24 the Commission for Women. 25 26 Section 2. The expiration date of this appointment(s) shall be 27 December 18, 2008 or until a successor is duly appointed and 28 qualified. 29 30 Section 3. This resolution shall take effect immediately upon 31 approval. 32 33 PASSED AND ADOPTED THIS DAY OF , 2006 34 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE 42 Mayor Feliu: 43 Vice Mayor Wiscombe: 44 Commissioner Palmer: 45 Commissioner Birts: 46 Commissioner Beckman: 47 48 READ AND APPROVED AS TO FORM: 49 50 51 CITY ATTORNEY t•`�Vt.7'f � uvuau •raiauY F i a r i d a x . ��- < 2001 CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 Southami, FL 33143 Fax No. 305- 663 -6348 1. Name: ,'SCL �- Sr m eO 17 (Please nrintl 2. Home Address: 3. Business Address: 4. Home Phone No. _ _ Business Phone Fax No. No_ 5. E -mail Address: . 6. Education Background: I CDlu big Un"de1 -, '4 /978- IV2 M � lJ�rf - •f-;.*e, tool P,eF _,Yr 7. Community Service: mla_? (%hell's 4S : c� 8. Are you a registered voter? Yes Z No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No / 11. Ethnic Origin? White Non-Hispanic_ African American — Hispanic American ✓ Other Signatures _ bate 7 Oz Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 A 1 2 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 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING LILLIE HARRIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 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 Lillie Harris to serve for a two year term on the Community Relations Board. Appointment shall expire December 18, 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 Lillie Harris to the Community Relations Board. Section 2. The expiration date of this appointment shall be December 18, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY DAY OF , 2006 APPROVED: COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: I:r CITY OF SOUTH MIAMI BOARD /COMMITTEEAPPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FI_ 331 d.1 Fax No. 303- 663 -6348 1, Name: Lillie F. Harris (Please print) 2. Home Address: 3. Business Address-, 4. Home Phone No. _ ___ _ Business Phone No. 5. Education Background: ation Degree G. Community Service: School Administration and SEE ATTACHMENT- Supervision) s. Are you a registered voter? Yes % `o 9. Are you a resident of the City? Yes A No t0. Do you have a business in the City? Yes No X_ IL Ethnic Origin' Anglo American African American x Hispanic American Other x Signature _ Date T11 IS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112doo 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 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING RODNEY WILLIAMS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 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 Rodney Williams to serve for a two year term on the Community Relations Board. Appointment shall expire December 18, 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 Rodney Williams to the Community Relations Board. Section 2. The expiration date of this appointment shall be December 18, 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: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: :,.: MAR 13 20% CITY 2001 CLERK'S OFFICE CITY OF SOUTH MIAMI BOARDICOMM17 TEEAPPLICAT /ON 6130 Sunset Drive Phone No. 305 -663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: K D�� Ey �•����n.s (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. Community Service: (� (C"OovH e-12 u / V(G� �ryt2�1 126 612 rVOL S. Are you a registered voter? Yes ;/ No 9. Are you a resident of the City? Yes y" No 10. Do you have a business in the City?' Yes `� No 11. Ethnic Origin? White Non - Hispanic African American Hispanic American_ Other 12. I am interested in serving on the following board(s) /committee(s): N 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING ALICIA - MORALES- FERNANDEZ TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18,2008; 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 Alicia Morales - Fernandez to serve for a two year term on the Environmental Review and Preservation Board. Appointment shall expire December 18, 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 Alicia Morales- Fernandez to the Environmental Review and Preservation Board. Section 2. The expiration date of this appointment shall be December 18, 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: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: Mayor Feliu; Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: READ AND APPROVED AS TO FORM: CITY ATTORNEY Aua-21 -02 03:30pm From -Katz Baron `niAitero Z Faust, P.A. ' zoo aced Giff4pag uo��eg z�ex -oj 3058540740 T -180 P.Ouvouz F-sru B9EBE995DE -Wail Wdyp °ZO ZO- LZ -Jlly penieoea L- .w - &.Amu% airy OF SOUTH NI'AIKI BOARDIODMMlTTER APPL /CA?`l*ff 6130 SwRid Drew Phoac Nv. 9125 - 663 -6440 Soulh MFami, FL 33143 Fax N& 395- 663 -6348 i. Name: ,,, �►� , G t � � O rZ t�5 � � rrla rtde-z.� (Please print) 2. Home, Address: - 3. Business Address: - - - - A. Name Phone No: - _ __ - Business Phone No. i. E-injul Address: 6. Education Background: T_ -r-- I .. 1 i., : ,, , �, F (.,-, -1: C - h : P, - . Fjoc-- Coo I p v en a i//�JL�S 7. Community Service: (P .5'. in rn (-j ig et,'� .Q-, o¢ a2r ' icr: _Ve_— U a.ri _S w .` p t'S e..d (` 8. Are you ■ regt�&ed t & �� A m Qk Y No 9. Are you a resident or the tatty? Yes me 10. Do you slave a business in the City? Yes No it. Ethnic Origin? Wi te, Nan - Hispanic:_ African American -., . Hispanic AmericalL—ar, Omer n. I am interested in carving on the following board(sycommittee(s): oi�c,�'uz Sigtatvre _ Date Applicant THE APPLICATION WELL REMAIN ON FILE FOR ONE YEAR REVlaed 8102 - -• ... _ . _ - - -- - -• _ -- - - • • - -- • -- 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS' AND COMMITTEES; APPOINTING FRANK RIVERA TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 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 Frank Rivera to serve for a two year term on the Environmental Review and Preservation Board. Appointment shall expire December 18, 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 Frank Rivera to the Environmental Review and Preservation Board. Section 2. The expiration date of this appointment shall be December 18, 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: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: READ AND APPROVED AS TO FORM: CITY ATTORNEY 9 7. Community Service: RMM aaN Tw�e-rNA" oBlim 8. Are you a registered voter? CITY 'LLr t' � OFFICE No 9. Are you a resident of the City? Yes No CITY OF SOUTH MIAMI BO R 7CO1NM EE APPLICATION 6130 Sunset Drive No t/ Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: F -- tre,# le- Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): (Please print) 2. Home Address: _ First choice Second choice 3. Business Address: Third choice Fourth choice 4. Home Phone No. _ Business Phone No. Applicant Fax No. 5. E -mail Address: s ` 6. Education/Degree Earned: �Y , Work E erience: -F4-,r ` Field Rxpertisei t .` �= ► i-` 7. Community Service: RMM aaN Tw�e-rNA" oBlim 8. Are you a registered voter? Yes , -j No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No t/ 11. Ethnic Origin? White Non - Hispanic_ African American _ Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): First choice Second choice Third choice Fourth choice Signature .d_ _ Date N?Y At Oek Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 /D 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF `SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; APPOINTING OFFICER PAUL RODRIGUEZ TO SERVE 6 ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A ONE- 7 YEAR TERM ENDING DECEMBER 18, 2007; AND PROVIDING AN 8 EFFECTIVE DATE 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the .various city boards 12 and committees, and wish to appoint a full complement to each of 13 the active boards and committees; and 14 15 WHEREAS, the City Commission desires to appoint Officer 16 Paul Rodriguez to serve for a one -year term on the Board of 17 Trustees /Police Officers. Appointment shall expire December 18, 18 2007 or until a successor is duly appointed and qualified; and 19 20 WHEREAS, that Officer Paul Rodriguez has been selected by 21 the police participants as required under Chapter 16, Article 22 III, Section 16 -33(a) of the City of South Miami Code of 23 Ordinances. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 27 28 Section 1. The City Commission hereby appoints Officer 29 Paul Rodriguez to the Board of Trustees /Police Officers. 30 31 Section 2. The expiration date of this appointment 32 shall be December 18, 2007 or until a successor is duly 33 appointed and qualified. 34 35 Section 3. This resolution shall take effect 36 immediately upon approval. 37 38 PASSED AND ADOPTED THIS DAY OF , 2006 _39 40 41 ATTEST: APPROVED: 42 43 44 CITY CLERK MAYOR 45 46 COMMISSION VOTE: 47 Mayor Feliu: 48 Vice Mayor Wiscombe: 49 Commissioner Palmer: 1 Commissioner Birts: 2 Commissioner Beckman: 3 4 5 READ AND APPROVED AS TO FORM: 6 7 8 9 10 CITY ATTORNEY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 J: \My Documents \resolutions \Resolution appt Bd Trustees Police.rodriguez.doc F l o r i d a Att4 iW afki Etty 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: Y4\h_— 1 (Please print) 2. Home Address: 3. Business Address: 4. Home Phone No, Business Phone No.1� Fax No. 5. E -mail Address: 6. Education/Degree ] Work Experience: Field Expertise: 7. Community Service: 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic_ African American _ Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): First choice Second choice 1Third chow-Fourth choice Signature _ _ Date ARPlicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; RE- APPOINTING SGT. MICHAEL D'ANGELO TO 6 SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A 7 TWO -YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING 8 AN EFFECTIVE DATE 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards 12 and committees, and wish to appoint a full complement to each of 13 the active boards and committees; and 14 15 WHEREAS, the City Commission desires to appoint Sgt 16 Michael "D'Angelo to serve fora two -year term on the Board of 17 Trustees /Police Officers Appointment shall expire December 18, 18 2008 or until a successor is duly appointed and qualified; and 19 20 WHEREAS, that Sgt. Michael D'Angelo has been selected by 21 the police participants as required under Chapter 16, Article 22 III, Section 16 -33(a) of the City of South Miami Code of 23 Ordinances. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE `MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT 27 28 Section 1. The City Commission hereby appoints Officer 29 Paul Rodriguez to the Board of Trustees /Police Officers. 30 31 Section 2 The expiration date of this appointment 32 shall be December 18, 2008 or until a successor is duly 33 appointed and qualified. 34 35 Section 3. This resolution shall take effect 36 immediately upon approval. 37 38 PASSED AND ADOPTED THIS DAY OF , 2006 39 40 41 ATTEST: APPROVED: 42 43 44 CITY CLERK MAYOR 45 46 COMMISSION VOTE: 47 Mayor Feliu: 48 Vice Mayor Wiscombe: 49 Commissioner Palmer: 1 Commissioner Birts: 2 Commissioner Beckman: 3 4 5 READ AND APPROVED AS TO FORM: 6 7 8 9 10 CITY ATTORNEY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 J : \My Documents \resolutions \Resolution appt Bd Trustees Police.rodriguez.doc IECEIVED� NOV 16 2116 CITY CLERK'S OFFICE F l o r i d a A114sufki rely 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 30S -663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: / / /lie (Please print) 2. Home Address: 3. Business Address: 1e0 eL - ;vr-v '41) 0..V/ ooc;�- 33ly3 4. Home Phone No. Business Phone No. kf- Fax No. 3erwer TiW z 5. E -mail Address: 6. Education/Degree Earned: ZZ na it Work Experience: Field Expertise: 7. Community Service: 8. Are you a registered voter? 9. Are you a resident of the City? 10. Do you have a business in the City? Yes Yes Yes No No !ice No &___ 11. Ethnic Origin? White Non- Hispanic _'"'African American Hispanic American Other_ 12. I am interested in serving on the following board(s) /committee(s): First choice Second choice Third choice Fourth choice Signature Date APP 'cant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 rt I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 5 RE- APPOINTING SUZANNE WILLIAMS, A RESIDENT OF THE CITY OF 6 SOUTH MIAMI, TO SERVE ON THE BOARD OF TRUSTEES /POLICE 7 OFFICERS FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards and 12 committees, and wish to appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Suzanne 16 Williams, a resident of the City of South Miami, to serve for a two 17 year term on the Board of Trustees /Police Officers. Appointment shall 18 expire December 18, 2008 or until a successor is duly appointed and 19 qualified; and 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 22 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 23 24 Section 1. The City Commission hereby re- appoints Suzanne 25 Williams to the Board of Trustees /Police Officers. 26 27 Section 2. The expiration date of these appointments shall be 28 December 18, 2008 or until a successor is duly appointed and 29 qualified. 30 31 Section 3. This resolution shall take effect immediately upon 32 approval. 33 34 PASSED AND ADOPTED THIS DAY OF 2006 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 Mayor Feliu: 43 Vice Mayor Wiscombe: 44 Commissioner Palmer: 45 Commissioner Birts: 46 Commissioner Beckman: 47 48 READ AND APPROVED AS TO FORM: 49 50 51 52 53 CITY ATTORNEY P.. I uI,- L,y -1I ur ovu -rn MIA101 duDtsbLits;940 JUN -25 -04 1 :21PM; pAas i/i 2009 crrr or SOU iH AfA4A!! eoa"WORANMEEAFP, .ICA 7JON 6130Suns&Drive sowtk M ON4 FL 33,143 ,Phone Na 3 63 -650 � FaYNa 3d t�48 i. Nance; SUZ A61J5 (Pk e, nninQ _ Z. Home Addrem: 3. Husiness Addresi: 4. Home Phone Now, - Burinew Phone No. F __ Fox No. _ -- -`-.,.- 5. F -mall Address:' 6. Education Sackei-nnnd: 7. s. 9. 10. Are you a regist�redvotftr? ,O Are you it resident of the City? Da you have a bude as in the City? r h9te Non Hirapa a AHcan American _ Hispanic America I2. Is m intcl� tad !n wvtng on the follaaiRig 6oard(s}/commlttes(s): ? F'kA abaft Ili chose° Paunh �h�hx ; Signstnre; Dabs G' i TIM ArTLICATION WILL REMAIN ON FILE F08 ONE YgAR aroz EE JUN 25 X004 CITY CLERK'S OFFICE 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING GLADYS GILLIAM - TURNER TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18,2008; 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 Gladys Gilliam -Turner to serve for a two- year term on the Community Redevelopment Agency (CRA) Advisory Board. Appointment shall expire December 18, 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 Gladys Gilliam- Tumerto the CRA Advisory Board. Section 2. The expiration date of this appointment shall be December 18, 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 I.11101*11 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: ECEIVE i V2 9 12m CITY CLERK'S OFFICE S I issalth Mimli"k V I 4 r l d a iggt INN 'Aw—ji CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATIOM 6130 Sunset Drive South Miami, FL 33143 1 Name: 2. Home Address: 3. Business Address: W_ A 4. Home Phone No. 5. E-mail Address: 6. Ed t . on Background: (Please print) Phone No. 305-663-6340 Fax No. 305-663-6348 Business Phone No) Fax No. ,fV&fw, Y464 bn YOAo to fieaj 7. C=nity Service: 41040" #9 jfidAd oakAft" 10 ArkG 6 70% ke% 8. Are you a registered voter? Yes. No 9. Are you a resident of the City? Yes ✓ No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic African American a/ Hispanic American Other 12. 1 am interested in serving on the following board(s)/commiftee(s): kv Signature Date IOJ�10clo Allplic ni THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING ALBERT ELIAS TO 6 SERVE ON THE PARKING BOARD FOR A TERM ENDING 7 DECEMBER 18,2008; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, The Mayor and Commission recognize the important contributions 10 made by those who serve on the various city boards and committees, and wish to appoint a 11 full complement to each of the active boards and committees; and 12 13 WHEREAS, The City Commission desires to appoint Albert Elias, a resident of 14 South Miami, to serve for a two -year term on the Parking Board. Appointment shall 15 expire December 18, 2008 or until a successor is duly appointed and qualified. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 19 20 Section 1. The City Commission hereby appoints Sharon McCain to the 21 Parking Board. 22 23 Section 2. The expiration date of this appointment shall be December 18, 2008 24 or until a successor is duly appointed and qualified. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED THIS DAY OF , 2006 29 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 Commissioner Birts: 41 Commissioner Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY ...t.F Jun 1,3 03 04:42p Albert Elias O EJ�jr, ���s.c.rer,.11•�n w 305 - 666 -8174 P'1 �`[ trI J ■ E: crrr of SOU M ML4M/ 80ARA COMAl/7 UEAPPLIC11 r/00 61I0 Suns Drive South Aflanz� R. 33143 Phone Na 305-663 -6340 Fax Na 30."633 048 1. Name: f ?/ K7 C'• V' 1, J C I i o1 S — 21 Home Address: 3. Business Address: _ _ — 4. Home Phone No. _ Business Phone No. Far No. S. E-mail Address: - 6. Eduea i 7** zr und: l� /! C SN✓ 1 flw�evs / -�- - 7. Community Service: S. Are you a registered voter? Yea No 9 Are you a resident of the City? J Yet No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non- Hispani /, African American _ Hispanic American, Other — 1 L I am interested in serving on the following heard(s)committee(s): nmd ek" Ikeald eh■ft 1711 rh F■■ Q Ask* Signature Date TI) ne / APPGcent THIS APPLICA1I7ON WILL. REMAIN ON FILE FOR ONE YEAR R■viod WOZ IIt 39Vd !wdLV :E MCI-Nnr !BVem9soc `IVIVIIq H-Ln �O hlI� :�S jN3S /S 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING SHARON MCCAIN 6 TO SERVE ON THE PARKING BOARD FOR A TERM ENDING 7 DECEMBER 18,2008; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, The Mayor and Commission recognize the important contributions 10 made by those who serve on the various city boards and committees, and wish to appoint a 11 full complement to each of the active boards and committees; and 12 13 WHEREAS, The City Commission desires to appoint Sharon McCain, a resident 14 of South Miami, to serve for a two -year term on the Parking Board. Appointment shall 15 expire December 18, 2008 or until a successor is duly appointed and qualified. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 19 20 Section 1. The City Commission hereby appoints Sharon McCain to the 21 Parking Board. 22 23 Section 2. The expiration date of this appointment shall be December 18, 2008 24 or until a successor is duly appointed and qualified. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED THIS DAY OF , 2006 29 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 Commissioner Birts: 41 Commissioner Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY N CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name: 'Sha 2. Home Address: 3. Business Address: 4. 5. 6. 5 �l_A .. ) (PleQwA nrirnt) Home Phone No. r E-mail Address: _ Education/Degree E ed: k Work Experience: F l o r i d a I 2001 PQ 61 CM cm 'APPLICATION • (ice CV O Phone No. 305 -663 -6340 z Fax No. 305- 663 -6348 w Business Phone No. Fax Nor - Jpt5�1'" d r Fash +o v! Field Expertise: vwo- 7. C ,tm unity Service: Pr' S A OJ D �d (Q,lGI r'1 S. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes V No 10. Do you have a business in the City? Yes No ` V 11. Ethnic Origin? ✓ White Non - Hispanic_ African American Hispanic American Other 12 m ' erested in vig on thp following board(s) /committee(s): 0 t N First ch ice Second choice It" choice Fourth choice Signature _- Date Z Zed Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4106 pY� t�Clcl�i s , � �• i G t RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING KENNETH MERKER TO SERVE ON THE PARKING BOARD FOR A TERM ENDING DECEMBER 18,2008; 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 Kenneth Merker, a resident of South Miami, to serve for a two -year term on the Parking Board. Appointment shall expire December 18, 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 Kenneth Merker to the Parking Board. Section 2. The expiration date of this appointment shall be December 18, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS DAY OF , 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: SZ'Vr% Yt — e �J - - -- j y lsi 4matka On 2001 CA �3 � iVC�F.aORA"s2U G.Q • � N CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION W o 6130 Sunset Drive Phone No. 305- 663 -63 U South Miami, FL 33143 Fax No. 305- 663 -63 U 1. Name: P� (Please pnntl 2. Home Address: _ , 1 3. Business Address: - - - 4. Home Phone No. Business Phone No. Fax No. 5. E -mail Address: - 6. Education/Degree Earned: - G n et- -I Work Experience: ; .. Ir, r n 1Z P.f- icA— v +,-e r Ps r re cZ G Field Expertise- 7. Community Service: `f v 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? / White Non - Hispanic ! African American Hispanic American Other 12. interested in s g on the f flowing board(s) /committee(s): I First cho ee Second choice Fourth choice Third choice Signature Date 6 2- Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4106 /I 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING SHIRLEY 6 HUEBNER TO SERVE ON THE PARKING BOARD FOR A TERM 7 ENDING DECEMBER 18,2008; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, The Mayor and Commission recognize the important contributions 11 made by those who serve on the various city boards and committees, and wish to appoint a 12 full complement to each of the active boards and committees; and 13 14 WHEREAS, The City Commission desires to appoint Shirley Huebner, a resident 15 of South Miami, to serve for a two- year term on the Parking Board. Appointment shall 16 expire December 18,2008 or until a successor is duly appointed and qualified. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 20 21 Section 1. The City Commission hereby appoints Shirley Huebner to the 22 Parking Board." 23 24 Section 2. The expiration date of this appointment shall be December 18, 2008 25 or until a successor is duly appointed and qualified. 26 27 Section 3. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED THIS DAY OF , 2006 30 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feiiu: 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42 Commissioner Beckman: 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY Xa►c►h %I&NMI i l o r 1 A e► MU -Amfi � env II I I mud ClT l r OF SOUTH MIAMI BOARD/COMMI?TEE APPL ICAT7OM 6130 Sunset Drive Phone Na 305-663-6340 South Miami, FL 33143 Fax No. 305- 663 -6349 L Name- SA1 1 t` � (Please print) 2. Home Address: > 3. Business Address: 4. Home Phone No. Business Phone No. No. - 5. E -mail Address: 6. Education Background: �c�-4e1� Ed�c,c_A� -�ocK 7. Community Service: & Are you a registered voter? Yes v No 9. Are you a resident of the City? Yes y No 10. Do you have a business in the City? - Yes No, 11. Ethnic Origin? White Non - Hispanic " African American Hispanic American_ Other 12. 1 am interested in serving on the following board(s )/committee(s): Signature� Date —A (f--03 Applic t THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised SAIE 4f t 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING MICHAEL MILLER 6 TO SERVE ON THE PARKING BOARD FOR A TERM ENDING 7 DECEMBER 18,2008; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, The Mayor and Commission recognize the important contributions 10 made by those who serve on the various city boards and committees, and wish to appoint a 11 full complement to each of the active boards and committees; and 12 13 WHEREAS, The City Commission desires to appoint Michael Miller, a business 14 owner of South Miami, to serve for atwo -year term on the Parking Board. Appointment 15 shall expire December 18, 2008 or until a successor is duly appointed and qualified. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 19 20 Section 1. The City Commission hereby appoints Michael Miller to the 21 Parking Board. 22 23 Section 2. The expiration date of this appointment shall be December 18, 2008 24 or until a successor is duly appointed and qualified. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED THIS DAY OF 12006 29 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 Commissioner Birts: 41 Commissioner Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY i r rT/ S etr.: f1J JUIN 12 2006 LR ��. CITY CE S OFFICE ORrl` CnY OF 20 �� � phW)V#. W40430 61305wmtDriot pszNa 3113.663 N Sowd6 ,l�li tr FEZ 33143 vow Addrus. �ttaas Pbo� Na 4. Dome Fai No. tr 5. 8rmatlAddren: __ -- - �c�ee gamed:' F S York Zr=petieaa� _. �L� . �'itld �pectit�b: 71 Gommwsky Sorrta: -- -- Ye; Nd —�- .Are oa R rctd voter' A= Y" a rwftst oit1 cw? Yes ru 9. ]1To Ya r 10, Do ybn Wfft o budurm ld ft CW ' h. gthatc Or�t- C � .r -- a� WbUeNoe- HMp��_... tw Jln��c[tae ,� �v � ZZ. i mu n icr+c�ted in $tot► the rawwi boord(sycoamd K +?� �- dodo ,rww - bale pppiiuvnt aniute A�rr cw irony wwI. SAM ar FOR opa YEAR 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING ALEX ABRIL TO 6 SERVE ON THE PARKING BOARD . FOR A TERM ENDING 7 DECEMBER 18,2008; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, The `Mayor and Commission recognize the important contributions 10 made by those who serve on the various city boards and committees, and wish to appoint a 11 full complement to each of the active boards and committees; and 12 13 WHEREAS," The City Commission desires to appoint Alex Abril, a business 14 owner of South' Miami, to serve for a two -year term on the Parking Board. Appointment 15 shall expire December 18, 2008 or until a successor is duly appointed and qualified. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 19 20 Section 1. The City Commission hereby appoints Alex Abril to the Parking 21 Board. 22 23 Section 2. The expiration date of this appointment shall be December 18, 2008 24 or until a successor is duly appointed and qualified. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED THIS DAY OF 12006 29 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 COMMISSION VOTE: Y 37 Mayor r Feliu: 3$ Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 Commissioner Birts: 41 Commissioner Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY 04/29/ 3 15:45 3056661914 ALEX PAGE 02 $Wei Miami wff oW Saar" Now 130 Sw�iet A►irt P !�►a 303 - X63.1300 ojA 11t4w4 PL 33143 Pax o. 305 -OJ4 48 � Addiasi Owbmw Addr+ew. 4 dame Pbvne Na au iueee Phone No. Fax Na �. � -awli Addlwe: . � �'dredb�o �ack0e+ounds h� c h C Secvloe: L ; *rs you a nSbUred •ettr? Yes �o /. 4M M you a res"Cut of the City? Yee No l0. : pe You ba e a budWO W tht CRY? Yee 11 ; thdc pei0ia? b[tf Nan•Hiirp � Ahkaa Axwfl an BAP r :I 12. 'i am hda�eetai in on the �oinolwi bou�d(e)Icoa�udtpede): i ; i; `✓ 1 W Daft a IN ON lM N FOR ON9 yzAA JMIM JUF ICATlON VYII1. RRMA a.•w+!ies Cdw 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, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $38,806.67; CHARGING $38,806.67 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 November 27, 2006, in the amount of $38,806.67; and, WHEREAS, as of November 3, 2006, the existing balance on city attorney account no. 001 - 1500 - 514 -3410, legal services, non - retainer, is $121,786.71. 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 $38,806.67 are approved for payment; charging $38,806.67 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 December, 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 e ikiag. NAGINGALLOPFIGUEMOU Attorneys & Counselors 15001 Old Cutler Road - Fifth Floor, Telephone: (305) 854 -5353 Miami, Florida 33157 -6416 Facsimile: (305) 854 -5351 December 12, 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 November 27, 2006. Included is our requisition no. 6, FY 2006 -07, pertaining to the costs billed in the amount of $70.53. Costs on the retainer account are charged to city attorney account no. 001 -1500- 514 -3410, other contractual services — consulting legal. As of December 6, 2006, the balance is $121,786.71. Please issue a check payable to Nagin Gallop Figueredo, -R.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 ours, . Figueredo LRF:lcm 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. 6, FY 2006 -07 Date: December 12, 2006 Finance Department Item No. Ouantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 001-1500-514-3410, $70.53 $70.53 Services- Consulting Legal TOTAL $70.53 Purchase Order No. I Terms/Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The 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 City Manages Payment is due upon receipt. Please notify us within 10 days of receipt of any queues you Nave regarding this Wvloe. Interest at a rate of 1.5% per month will be charged 0 payment Is not received Within 30 days. NAGIN GALLUPFIGUERElO ""- Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Finance Director ` November 27, 2006 Adrian Hossein Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Invoice Number 18742 City of South Miami, FL 33143 Hours Amount 10/30/2006 EAB Attention to and revised 11/17 agenda items. 1.00 200.00 10/3012006 EAB Attention to Bank of America long term vehicle lease; drafted revised 1.00 200.00 resolution regarding same to substitute vehicles; telephone conference with Ms. Vazquez regarding same. 10/31/2006 LRF Prepared memo and resolution re: speed limite resolution. 0.50 100.00 10/31/2006 EAB Attention to upcoming agenda items and provided comments to 0.30 60.00 same re: radio repairs and piggyback purchase of lawn mowers. 10/31/2006 EAB Reviewed final agenda item for upcoming agenda 0.20 40.00 11/6/2006 LRF Reviewed revisions to Bus Sheker and Bus Bench Ordinance. 0120 40.00 11/7/2006 LRF Reviewed items on Agenda, prepared for meeting and attending 6.00 1,200.00 meeting. 11/9/2006 LRF Received and reviewed additional changes to Bus Bench Ordinance. 0.30 60.00 11/9/2006 LRF Attention to massage licensure issues and legal research re: same. 2.00 400.00 11/9/2006 EAB Attention to massage licensure (state and city); attention to 0.60 120.00 declarations of restrictions in lieu of unity of title and ROW permit Issues; and email communications with Mr. Youkilis regarding P&Z agenda items. 11/14/2006 LRF Received and reviewed Ater Action Summary 11- 13 -06. 0.20 40.00 11/14/2006 LRF Received and reviewed first set of Agenda items for 11 /28/06 2.50 500.00 meeting. 11/15/206 LRF Reviewed revised Agenda 2.00 400.00 11/16(2006 LRF Reviewed second set of documents for Agenda 11/29/06. 3.00 600.00 11/16/2006 LRF Revised title of body of Bus Bench Ordinance. 0.50 100.00 11/17/2006 EAB Analyzed agenda items and provided comments to Mr. Babgun 1.00 200.00 regarding same. 11/21/2006 LRF Preparation and Meeting with Fernandez and Torres re: Valencia. 2.00 400.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any queues you Nave regarding this Wvloe. Interest at a rate of 1.5% per month will be charged 0 payment Is not received Within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 - 001. Statement Number Page: 2 11/21/2006 EAB Attention to loan closings with Ms. Vazquez; email communications 2.50 500.00 with Bank; analyzed Banc of America loan documents, schedules 008 and 009; and drafted opinions of counsel letters "." 11/27/2006 LRF Received and reviewed first set of Agenda for 1215106 meeting. 2.50 500.00 11/27/2006 LRF Received and reviewed Notice of Violation of Permit Conditions and 0.70 140.00 attachments. Total Professional`Services 5,800.00 Rate Summary Luis R. Eve A. Boutft Expenses 10/16/2006 10/26/2006 10/31/2006 11/6/2006 22.40 Hours at 200.00/hr 4,480.00 6.60 Hours at 200.00/hr 1,320.00 Total hours: 29.00 Mileage Courier charge Photocopies Mileage Payment Is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this imroioe. Interest at a rate of 1.596 per month wUl be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022.001 Statement Number Page: 3 For Professional Services 51800.00 For Disbursements Incurred 70.53 Current Balance: 76.5 To be properly credited, please indicate Invoice Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any 9tmetions you have regarding this invoice. Interest at a rate of 1 Z% per month will be charged 0 payment is not received within 30 days. NAGINGALLoPFIGUEkEDO P Attorneys & Counselors 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854 -5353 Miami, Florida 33157 -6417 `" =Facsimile: (305) 854 -5351 December 12, 2006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES - Non- Retainer City of South Miami Dear Ms. Hussein: Enclosed are our statements for professional services rendered and for costs advanced for 8,8 the period ending November 27;.2006, in the amount of $306.67, and requisition no. 5, FY 2006 -07. I have tabulated the amounts currently due on each individual file as follows: City Attorney Account No. 001 -1500- 514 -3410, Legal Services, Non - Retainer Account balance as of December 6, 2006 is $121,786.71 0022 -002 Real Estate and Contracts Invoice No. 18743 dated 11127106 Prof'l Services Disbursements Total Due 1,180.00 1,180.00 0022 -083 Planning Board Invoice No. 18744 dated 11127106 Prof'1'Services Disbureements Total Due 2,240.00 0.00 2,240.00 0022 -129 Mark Richman Properties v. CSM Invoice No. 18745 dated 11127106 Prof I Services Disbureements Total Due 260.00 0.00 260.00 0022 -137 Special Master Invoice No. 18746 dated 1127106 Prof 1 Services Disbursements Total Due- 2,160.00 2,160.00 Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI December 12, 2006 0022 -152 YMC Matter Prof l Services 600.00 Invoice No. 18747 dated 11127106 Disbursements Total Due 600.00 0022 -182 Dabby Properties v. CSM Prof I Services 29,220.00 Invoice No. 18762 dated 11127106 Disbursements 2,765.92 Total Due 31,985.92 0022 -185 EEOC Matter: Oscar Suarez Prof 1 Services 0.00 Invoice No. 18748 dated 11127106 Disbursements 380.75 Total Due Total 38 806.67 Do not hesitate to call me if you have any questions regarding these statements. Very tral •s s R. Fi�o LRF:Icm Enclosures cc: Mayor and City Commission Page 2 4 2 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida; 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 5, FY 2006.07 Date: December 12, 2006 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 7 Legal, Non-Retainer 001- 1500 - 514 -3416 " : ,; $38,806.67 $38,806.67 TOTAL 1 1 $3806-67 Purchase Order No. I Terms/Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Char. --- Coding of Accounts Purchases as Above Approved and issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department I City Manager A RESOLUTION OF THE MAYOR AND CITY CONMIISSION OF THE CITY OF SOUTH NIIANII, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $38,806.67; CHARGING $38,806.67 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 November 27, 2006, in the amount of $38,806.67; and, WHEREAS, as of November 3, 2006, the existing balance on city attorney account no. 001- 1500 - 514 -3410, legal services, non - retainer, is $121796.71. 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 $38,806.67` are approved for payment; charging $38,806.67 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 December, 2006. ATTEST: APPROVED: CITY CLERK VED AS TO RM: Luis gueredo Nagin Gallop Figueredo, P.A. Office of the City Attorney MAYOR COMMISSION VOTE: Mayor Feliu: Vice MayorWiscombe: Commissioner Beckman: Commissioner Birts: Commissioner Palmer: Additions shown by underlining and deletions shown by eves. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 November 27, 2006 Adriana Hussein Matter ID: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Invoice Number 18743 City of South Miami, FL 33143 11/1/2006 EAB Began drafting PW code enforcement officer provision under section 2 -24 and 2 -25 of the city's code of ordinances. 1102006 EAB Drafted material changes to 20 -5.16 and 20 -8.16 relating to use of Declarations of Restrictions in Lieu of Unity of.Title, revised section 20- 4.7(J); and 2 -25 relating to PW and certificates of, use. 11/812006 EAB Attention to draft ordinances regarding ROW and communications with staff regarding comments to draft. Hours Amount 1.00 200.00 + ;I10 ri 0.40 80.00 Total Professional Services Rate Summary Eve A. Boutsis 5.90 hours at $200.00mr 1,180.00 Total hours: 5.90 Payments 11/6/2006 Payment Check No.: 054877 Sub -total Payments: 1,160.00 1,180.00 Payment Is due upon receipt. Please nottly 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 N payment is not received within 30 days. Nagin Gallop 1=igueredo P.A. Matter ID: 0022 -002 Statement No 18743 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18743 To be properly credited, please indicate Invoice Number above ail your remittance check. Page: 2 Will 1,180.00 3,660.00 1,160.00 3,680.00 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 1.6% per month will be charged If payment is not mceived wM)in 30 days. NAGIN GALLOP FIGUEREDOP`L Attorneys & Counselors' Hate Summary Luis R. Figueredo Eve A. Boutsis Payments 11/612006 Payment 4.40 hours at $200.00/hr 6.80 hours at $200.00/hr Total hours: 11.20 Check No.: 054877 Sub -total Payments: 2,020.00 2,020.00 Payment is due upon receipt. Please notify us mMn 10 days of recelpt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month Wit be charged I payment is not received within 30 days. 18001 Old Cutler Road, Suite 556. Miami, Florida 33157 Telephone: (305) 854.5353 Facsimile: (305) 854 -5351 LRF Receeved, reviewed and replied to various a -mails re: Swearing In 0.20 November 27, 2006 Adriana Hussein Board Members. Matter ID: 0022 -083 Finance Director EAB Planning Board 0.30 City of South Miami Mr. Youkilis regarding same. 6130 Sunset Drive Invoice Number 18744 EAB City of South Miami, FL 33143 3.00 600.00 11/23/2006 LRF Hours Amount 10/3012006 LRF Received and reviewed agenda for Planning Board 'Meeting. 020 40.00 10/30/2006 LRF Receeved and reviewed agenda items. 0.30 60.00 10/31/2006 EAB Prepared for P&Z board meeting. 1.50 300.00 10/31 /2006 EAB Attended P&Z board meeting. 2.00 400.00 11/7/2006 LRF Received and reviewed e-mail from Mr. Sanford Youkilis re: REd 0.20 40.00 Hate Summary Luis R. Figueredo Eve A. Boutsis Payments 11/612006 Payment 4.40 hours at $200.00/hr 6.80 hours at $200.00/hr Total hours: 11.20 Check No.: 054877 Sub -total Payments: 2,020.00 2,020.00 Payment is due upon receipt. Please notify us mMn 10 days of recelpt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month Wit be charged I payment is not received within 30 days. Road Commons Development Agreement. 11/8/2006 LRF Receeved, reviewed and replied to various a -mails re: Swearing In 0.20 40.00 Board Members. 11/8/2006 EAB Attention to P&Z agenda items; and email communications with 0.30 60.00 Mr. Youkilis regarding same. 11/14/2006 EAB Prepared for and attended P&Z meeting. 3.00 600.00 11/23/2006 LRF Preparation and attendance to meeting with Dr. Colsky, McKinley 3.50 700.00 and Balogun. Total Professional Services 2,240.00 Hate Summary Luis R. Figueredo Eve A. Boutsis Payments 11/612006 Payment 4.40 hours at $200.00/hr 6.80 hours at $200.00/hr Total hours: 11.20 Check No.: 054877 Sub -total Payments: 2,020.00 2,020.00 Payment is due upon receipt. Please notify us mMn 10 days of recelpt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month Wit be charged I payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -M Statement No.: 18744 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18744 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 2,240.00 0.00 2,240.00 7,840.00 2,020.00 8,060.00 Payment is due upon receipt Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.6% per month will be charged if payment is not received: within 30 days. .- ....N? has ... .�i,.: �z::: NAGIN GALLOPFIGUEREDOP" Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miaml - Flodda 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein November 27, 2006 Matter ID: 0022 -129 Finance Director City of South Miami Mark Richman Properties v. City 6130 Sunset Drive Invoice Number 18745 City of South Miami, FL 33143 Hours Amount 11/1/2006 LRF Received and reviewed revised Development Agreement from 0.50 100.00 George McArdle. 11/212006 LRF Received and revised pages 8 through 15 of WASD :Agreement. 0.30 11/20/2006 LRF Revised Parking Garage Loan Ordinance. 0.50 Rate Summary Luis R. Figueredo Total Professional Services 1.30 hours at $200.00/hr 260.00 Total hours: 1.30 For Professional Services For Disbursements incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18745 To be properly credited, please indicate Invoice Number above on your remittance check. 11 /1 .1 11 ./ 11 1 111, 6 1 / 1 1 11 i !1 1,280.00 Payment is due upon receipt. Please notify us within 10 days of recut of any questfons,.you have regarding this Invoice. Interest at a rate of 1.595 per month will be charged if payment is not received wAln 30 days. N.AGIN GALLOPFIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 8545353 Miami, Florida 33157 Facsimile: (306) 8545351 Adriana Hussein November 27, 2006 Matter ID: 0022 -137 Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18746 City of South Miami, FL 33143 Hours Amount 1117/2006 EAB Email communications with Ms. Eva Rosa and staff regarding 0.30 60.00 pending special master cases; and email communications with Mr. Total hours: 10.80 Payment is due upon receipt. Please notify us Mbin 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month YWU be charged 9 payment b not received within 30 days. Ajibola Balogun and Ms. Yvonne McKinley regarding same. 11/9/2006 EAB Attention to driveway/Ballet issue; and communications with Mr. 0.40 80.00 Alan Rosenthal of Adorno regarding same. 11/13/2006 EAB Meeting with Mr. Balogun on pending items. 0.40 80.00 11115/2006 EAB Telephone conference with Mr. Jay Beckman; attention to special 0.50 100.00 master Items; and attention to Watershed issue. 11/15/2006 EAB Analyzed code enforcement agenda; and follow up with staff 1.00 200.00 regarding same. 11/16/2006 EAB Prepared for pre - hearing meeting; and attended special master 3.40 680.00 hearing. 11/16/2006 EAB Prepared for meeting with resident, Mr. Balogun, Mr. Greg Nheto, 3.00 600.00 and Ms. Sonia Lama; separate meeting with Ms. Lama; and attended meeting. 11120/2006 EAB Meeting with Mr. Nheto, Mr. Balogun, Ms. Larva, resident and her 1.50 300.0 attorney regarding flooding and c.u; and attention to- upcoming P&Z agenda 11/21/2006 EAB Drafted letter to Ms. Rebecca Watford regarding 6091 SW 85th 0.30 60.00 Street. Total Professional Services 2,160.00 Rate Summary Eve A. Boutsis 10.80 hours at $200.001hr 2,160.00 Total hours: 10.80 Payment is due upon receipt. Please notify us Mbin 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month YWU be charged 9 payment b not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: 16746 Payments 11/6/2006 Payment Check No.: 054877 2,740.00 Sub -total Payments: 2,740.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you ""Total Due Invoice Number: 18746 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 2,160.00 0.00 2,160.00 7,065.05 2,740.00 6,485.05 Payment is due upon recut. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.595 per month w411 be charged if payment is not rewhied within 30 days. NAGIN GALLOP FIGUEREDOg& Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miamf,' Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854.5351 Adriana Hussein November 27, 2006 Matter ID: 0022 -152 Finance Director YMCA Matter City of South Miami 6130 Sunset Drive Invoice Number 18747 City of South Miami, FL 33143 Hours Amount 1112/2006 LRF Meeting with Ms. Yvonne Mckinley, Mr. Ajibola Balogun followed 3.00 600.00 by meeting with YMCA representatives. Total Professional Services 600.00 Rate Summary Luis R. Figueredo 3.00 hours at $200.00/hr 600.00 Total hours: 3.00 Payments 6/i/2006 Write -off Courtesy Write Off 0.50 Sub -total Payments: 0.50 Payment Is due upon receipt. Please notify us within 10 days of reoelpt of any questions'you.'have regarding this invoice. Interest at a rate of 1.596 per month Will be charged I payment Is not received within 30 days. NAGIN GALLOPFIGUEREDOPA. Attorneys & Counselors- 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Adriana Hussein Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33157 Facsimile: (305) 854 -5351 December 5, 2006 Matter ID: 0022 -182 Dabby Properties v CSM and Invoice Number 18762 Hours Amount 10/30/2006 HJM Reviewed cases cited in motion to strike; sheppardized'same and 8.60 1,720.00 conducted additional legal research; reviewed cases cited by MRP in its motion to dismiss plaintiff's amended complaint; sheppardized those cases; conducted additional research regarding same issues; finalized City's notice of adoption of MRP's motion to strike; reviewed cases cited In plaintiff's motion for partial summary judgment. 10/31/2006 HJM Continued preparing motion to dismiss second amended complaint; received and reviewed MRP's complaint against Dabby for abuse of process, tortious interference and unjust enrichment; received and reviewed Dabby's motion to dismiss MRP's complaint; prepared for hearing on motion to strike plaintiff's partial summary judgment of count I for violation of the easements. 11/1/2006 HJM Continued conducting legal research on exhausting administrative remedies on issues of code violations; conducted research and file review regarding differences between accessing requirements and alley way requirements; continued legal research on whether a covenant running with the land meets the code requirements of a unity of title for joint - development property. 11/2/2006 HJM Traveled to and attended hearing on motion to st 6'1plaintiff's motion for partial summary judgment; received and reviewed order on motions for partial summary judgment; continued preparing motion to dismiss of second amended complaint; conducted additional research and reviewed City's regulating plan and code. 11/3/2006 HJM Conducted multiple conferences with Luis Figueredo,regarding litigation strategy; continued conducting legal research on issue of whether the (2) 1954 easements are in accordance with the parking garage facility; conducted legal research on whether City Violated zoning ordinances by not recording a unity of title, commencing project in violation of alley requirements, and whether City violated code by issuing permit for construction of surrounding fence; continued preparing motion to dismiss; reviewed file; reviewed City Code. 9.80 1,960.00 7.80 1,560.00 9.60 1,920.00 11.60 2,320.00 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 1.6% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID; 0022 -182 Statement No.;_ .18762 Page. 2 11/3/2006 LRF Worked on preparing response to motion for summary judgment. 5.00 11000.00 Researched various issues on the Land Development Code raised in plaintiff's motion for summary judgment 11/6/2006 HJM Conducted legal research on issues of statute of limitations and 9.80 1,960.00 legislative versus quasi-judicial avenues for appeal:purposes and challenges to City's decision; continued preparing motion to dismiss of second amended complaint; commenced preparing opposition to plaintiff's partial motion for summary judgment. 11/7/2006 HJM Continued finishing motion to dismiss of second amended 7.50 1,500.00 complaint; continued preparing opposition to plaintiff's partial summary judgment; continued conducting legal research and reviewing the City's land development code. 11/8/2006 HJM Conducted lengthy telephone conference with plaintiff's counsel, 11.80 2,360.00 Alan Dimond regarding easement, motion for summary judgment and Injunction; continued finalizing motion to dismiss of second amended complaint; received and reviewed correspondence from plaintiff's counsel, Ben Reiss regarding communications to court; continued researching issues regarding injunction relief, standing, ripeness, reversion of easements and exhaustion of administrative remedies for btringing claims concerning violations of City's code. 11/9/2006 HJM Continued preparing and finalizing motion to dismiss second 10.60 2,120.00 amended complaint; continued conducting legal research for memorandum of law in opposition to plaintiff's motion for partial summary judgment; reviewed file for exhibits to attach. to motion to dismiss referenced in the second amended complaint; _conducted litigation strategy conference with Luis Figueredo; revised and edited motion to dismiss. 11/10/2006 HJM Received and reviewed petitioner's reply brief to City's response to 8.40 1,680-00 petition for writ of certiorari; reviewed cases cited in reply; conducted legal resarch on issues raised in reply; contlued working on preparing City's opposition memorandum`to plaintiff's partial motion for summary judgment. 11/13/2006 HJM Prepared letters to plaintiff's counsel, Alan Dimond regarding 12.80 2,560.00 Count IV and request to withdraw same;, reviewed file and attached exhibit to letters; continued preparing oppositio to plaintiff's partial motion for summary judgment; prepared affidavit for Luis Figueredo; received and reviewed MRP's draft of its °;opposition to plaintiff's partial motion for summary judgment; prepared cross - notices of depositions of Frank Dabby, Stuart Auerbach and Karen Dabby; received and reviewed correspondence from John Hanson regarding memorandum of law. 11/14/2006 HJM Prepared letter to plaintiff's counsel, Alan Dimond regarding 9.80 1,960.00 cross - notices of depositions; prepared and finalized.City+s memorandum of law in opposition to plaintiff's partiOLmotion for summary judgment; revised and edited affidavit for CityAttomey, Luis Figueredo; prepared correspondence to Judge Esquiroz regarding filing City's memorandum of law; reviewed exhibits to be Payment Is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter 11): 0022 -182 Statement No.: 18762 Page: 3 attached to memorandum; received and reviewed letter from Benjamin Reiss regarding rescheduling depositionsf prepared responsive letter to same; conducted telephone conference with B. Reiss regarding same. 11/14/2006 1_RF Received and reviewed letter from Reiss to counsel. 0.10 20.00 11/15/2006 HJM Conducted lengthy telepone conference with Luis Figueredo and 6.80 1,360.00 George McArdle regarding contract- zoning argument in reply to petition; prepared for oral argument at hearing on plaintiff's partial motion for summary judgment before Judge Esquiroz; reviewed file; sheppardized all cases. 11/16/2006 HJM Reviewed file; prepared interrogatories, request for production and 8.80 1,760.00 request for admissions to plaintiff; conducted legal research; commenced preparing for oral argument on petition for writ of certiorari as requested by petitioner in request for oral argument; commenced preparing motion for sanctions pursuant to section 57.105 for frivolous "permit" argument. 11/17/2006 HJM Continued preparing for oral argument; continued revising request 1.90 $80.00 for admissions, interrogatories and request for production to plaintiff. 11/20/2006 HJM Continued preparing for oral argument; reviewed file; conducted 3.20 640.00 follow -up research on issues in the petition for writ. o! certloari; continued preparing motion for sanctions on plaintiff's code violation claims. 11/21/2006 HJM Conducted telephone conferences with co- defendant's counsel, 0.80 160.00 John Hansen regarding hearings for motions to dismiss and motion for partial summary judgment; revised and edited request for admissions; reviewed file. 11/28/2006 HJM Received and reviewed letter from plaintiff's counseiantl notice of 0.30 60.00 hearing on plaintiff's motion for partial summary judgment; received and reviewed notice of taking deposition from MRP for Frank and Karen Dabby; telephone conference with the Barthet firm . regarding Dabby depositions. 11/29/2006 HJM Telephone conference with MRP's counsel, John Hanson 0.10 20.00 regarding deposition dates and hearing dates. 12/4/2006 HJM Received and reviewed plaintiff's notice of voluntary dismissal of 0.90 180.00 count IV; telephone conference with plaintiff's counsel, Benjamin Reiss regarding rescheduling depositions of the Dabbys for December 7, 2006; received and reviewed plaintiffs objection and answers to MRP's first set of interrogatories and notice of filing same. 1215/2006 HJM Telephone conference with MRP's counsel, John Hanson 0.10 20.00 regarding rescheduling depositions and hearings on motions to dismiss and motion for summary judgment. 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. 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 1.51Y6 per month will be charged if payment is not reoeived,within 30 days. Matter ID: 0022.182 Statement No.:. 18762 Page: 4 Total Professional Services 29,220.00 Rate Summary H. James Montalvo 141.00 hours at $200.00/hr 28,200.00 Luis R. Figueredo 5.10 hours at $200.001hr : 1,020.00 Total hours: 146.10 Expenses Mileage 62.11 Telefacsimile charge 157.00 Courier charge 24.71 Parking Charge 42.00 Tolls 1.00 Database Legal research 1,960.38 Photocopies 474.75 10/31/2006 Postage Charge for the month of October 20061. 22.80 11/27/2006 Postage Charge for the month of November 2006..- 21.17 Sub -total Expenses: 2,765.92 Payments 11/6/2006 Payment Check No.: 054877 15,724.77 Sub -total Payments: 15,724.77 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 1.51Y6 per month will be charged if payment is not reoeived,within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022.182 Statement No.: 18762 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 18762 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 5 29,220.00 2,765.92 31,985.92 72,906.13 15,724.77 89,167.28 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 11/6 per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUERI WOU. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami,. Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 8545351 November 27, 2006 Adriana Hussein Matter ID: 0022 -185 Finance Director EEOC Matter: Oscar Suarez City of South Miami 6130 Sunset Drive Invoice Number 1$748 City of South Miami, FL 33143 Expenses Photocopies 380.75 Sub -total Exposes: 380.75 Payments 11/6/2006 Payment Check No.: 054877 19,320.00 Sub -total Payments: 19,320.00 For Professional Services 0.00 For Disbursements Incurred 380.75 Current Balance: 380.75 Previous Balance: 21,572.45 Payments - Thank you 19,320.00 Tote! Due 2,633.20 Invoice Number: 18748 To be properly credited, please indicate Invoice Number above on your remittance check. Payment Is due upon receipt. Please notify us vA t 10 days of receipt of any questions'Ou have regarding this Invoice. Interest at a rate of 1.5% per month vAll be charged I payment is not recetved:w 30 days. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Lott & Levine Finance Department Req. No. 7, FY 2006 -2007 Date: December 12, 2006 Item No. Quantity Description and Specifications Account Number - Unit Price Total 1 1 Other contractual services, 001- 1500 - 514-3453 $891.00 $891.00 consulting — real property TOTAL $ 891.00 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 Ch Sufficiency of Appropriation Balances Verified (Except As - - Otherwise Noted) Head I Finance Department City Manager L OTT & LEVINE DADELAND CENTRE SUITE 1014 9 155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA, 33156 CITY OF SOUTH MIAMI EVE A. BOUTSIS, ESQ. October 24, 2006 OFFICE OF THE CITY ATTORNEY Reference No. 8174 18001 OLD CUTLER RD, SUITE 556 PALMETTO BAY, FL 33157 For Professional Services Concerning: Matter Number: CITY4.06105 Title: DISON LTD - TITLE OPINION FOLIO NO. 094036-00070520 Hours 09/01/06 RECEIVED AND REVIEWED E -MAIL FROM BOUTSIS REGARDING TITLE SEARCH. 0.20 10 /03 /06 RESEARCHED LEGAL DESCRIPTION; ORDERED TSR. 0.60 10/12/06 TELEPHONE CONFERENCES WITH BOUTSIS' OFFICE - REASON FOR TITLE EXAMINATION: FORECLOSURE OR PURCHASE, EXAMINED TITLE, PREPARED OPINION OF TITLE LETTER TO CITY OF SOUTH MIAMI. 3.00 Total Hours and Fees: 3.80 $741.00 COSTS ADVANCED Date Description Cost Amount 10/16/06 Disbursement to: ATTORNEY'S TITLE INSURANCE: TITLE SEARCH REPORT, 10/3/06 $150.00 Total Costs: $150.00 Matter Summary: Total Fees: $741.00 Total Cost: $150.00 Sub -Total Current Fees'and Costs: $891.00 Amount Due: $891.00 PAYMENT IS DUE ON OR BEFORE NOVEMBER 10, 2006. PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK YOU. South Miami ;I- Americas i • INCORPORATED • .CITY OF SOUTH MIAMI �t 1927 �' OFFICE OF THE CITY MANAGER RIP 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: 0 Proposed Ordinance 1 ORDINANCE NO.: 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING 5 CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE OF 6 ORDINANCES BY REVISING ARTICLE VI ENTITLED 7 "ADVERTISING BENCHES" TO REGULATE ADVERTISING AT, 8 IN OR ON BUS SHELTERS; PROVIDING FOR SEVERABILITY; 9 ORDINANCES IN CONFLICT; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 Is 13 WHEREAS, the Mayor and City Commission of the City of South Miami 14 desire for the enhancement of city's appearance and ensure that the community be 15 aesthetically pleasing; and, 16 17 WHEREAS, the city finds that it is necessary to modify sections 3 -45 through 3- 18 52 of the Code of Ordinances pertaining to the regulation of advertising on bus benches 19 to include the regulation of advertising at or on bus shelters; and, 20 21 WHEREAS, bus shelters provide the elderly, students, and working people 22 protection from the sun, wind or rain while they wait for buses; and, 23 24 WHEREAS, there are no existing provisions within the city code relating 25 to the regulation of the placement, construction and maintenance of bus shelters; 26 and, 27 28 WHEREAS, there is a need to regulate and establish procedures regarding 29 installation, placement, size and maintenance of bus shelters as well as benches 30 within the city; and, 31 32 WHEREAS, this proposed revision to the existing ordinance is timely and 33 appropriate because current laws and regulations are limited to bus benches and do 34 not adequately address the; aesthetics, health, safety, and maintenance of bus 35 shelters and the restrictions are narrowly tailored to further the city's substantial 36 governmental interested in aesthetics and public safety; and, 37 38 WHEREAS, the Mayor and City commission desire to enact the 39 amendments to Chapter 3 of the land development code in order to expand the 40 existing regulations to include bus shelters. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND 43 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 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 yeafly contract, only, approved by the City 12 Getmeil 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 yew 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 be-ne 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 Sec. 3 -50. Permit, bond prerequisite to issuance. 2 3 Prior to the issuance of a permit under this chapter No pefmit shall b-e 4 the 5 person or persons or company shall provide with the city manager a surety bond or 6 policy of public liability insurance of not less than eighty thousand- dollars 7 coverage for any one claim, which bond or policy shall be conditioned so that the 8 person or persons or company will indemnify and save harmless this city, its 9 officers and employees, from any and all loss, costs, damages, expenses or 10 liabilities which may result from or arise out of the granting of such permit or 11 permits, or the installation or maintenance of such bus shelter(s) and or benches 12 des for which such permits shall be issued, to pay any and all loss or damages 13 that may be sustained by any person as a result of or which may be caused or 14 occasioned by or arise out of such installation or maintenance. (Ord. No. 417, §2, 15 9- 16 -58). 16 17 Sec. 3 -51 Specifications. 18 19 The advertising benches and or shelters shall conform to the following 20 specifications: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (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 Sec. 3 -52. Inspection, notice to repair. 2 3 The Licensee shall maintain each bench and/or shelter at all times in a safe 4 condition. Advertising benches shall be inspected by the city and when found to 5 be in need or repair the licensee shall be notified and the licensee shall 6 immediately make necessary repairs. All graffiti shall be removed and/or covered 7 over with an opaque covering no later than 48 hours after notice is presented to the 8 licensee by the City. (Ord. No. 417, §2, 9- 16 -58). 9 10 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 11 ordinance are hereby repealed. 12 13 Section 3. If any section, clause, sentence, or phrase of this ordinance is for 14 any reason held invalid or unconstitutional by a court of competent jurisdiction, 15 this holding shall not affect the validity of the remaining portions of this 16 ordinance. 17 18 Section 4. This ordinance shall be effective immediately after the adoption 19 hereof. 20 21 22 PASSED AND ADOPTED this day of , 2006. 23 24 ATTEST APPROVED: 25 26 27 28 CITY CLERK MAYOR 29 30 1St Reading- 31 2nd Reading - 32 33 COMMISSION VOTE: 34 READ AND APPROVED AS TO FORM: Mayor Feliu: 35 Vice Mayor Wiscombe: 36 Commissioner Birts: 37 Commissioner Palmer: 38 Luis R. Figueredo, Commissioner 39 Beckman: 40 Nagin Gallop & Figueredo, P.A., 41 Office of City Attorney 42 Page 5 of 5 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 SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - DECEMBER 19, 2006 in the XXXX Court, was published in said newspaper in the issues of 12108/2006 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 period of one year next preceding the first publication 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 ount, rebate, commission or refund for the purpose of so ing this advertisement for publication In the said n per. Sworn to and subscribed before me this . 2006 00 (SEAL) SOOKIE WILLIAMS personally known to me Maria 1. Mew My commission DD2938155 Expires March 04, 21308 'Pursuant toOi6rida statutes 286:o"l,bS,.O''eCity ho-relYv advises - the public y a - -that if a person decides to, appeal anydecislon made bola Board, Agency or commission-with resped,lo any matter . . 1. considered red - at its meeting or hearing, he or she will need at record of the proceedings, and that for such' purpose, ,affected person may head to ensure that a verbatim record of the proceedings Is mad e-which the i record includes I e testimony and . evidence upon which the appeal late be based. in 06-3-751611362M, NEIGHBORS CALENDAR elopers Building metrozoo.com: mmunity, exhibi- e The Scoop on Poop, a 5,000 if Jewish partici- square -foot traveling exhibition on nent of Florida. what poop is and how animals and ompanies or humans use it: through Jan. 10, ries are por- Mexican Cultural Institute: 5975 Sun - iphical profiles set Dr., South Miami; free. out 600 visuals 786 -268 -4910: ons of their pro- a Ego, a new collection of works by 1. Cuban- Mexican artist Ulises er: 400 SE Sec- Gonzalez; through Jan. 4. 372 -4634: Miami Art Central: 5960 SW 57th of art by local Ave.; South Miami. 305- 455 -3333 or 'ough Dec. 31. go to miamiartcentral.org: allery:2970 e New Years Eve Exhibit. 6- 10p.m. oral Gables. Dec.8 opening reception, continues Dec. 31, works by Maria Miami Art Museum: 10 a.m. -5 p.m. .31. Tuesday- Friday, 10 a.m. -9 p.m. third SW 73rd St., Thursday, noon -5 p.m. Saturday -Sun- =4659: day; 101 W. Flagler St., Miami; $5 graphy, an adults, $2.50 seniors, children 11 and 1 -white photo- under and students with ID free. )rn Cesar•Bar- 305 - 375 -3000: e Mark Dion, a two -part installation iversity of focussing on local natural surround - r., Coral ings: through Jan. 14. :udents and e Lorna Simpson, an exhibition fea- rceptions, free turing an examination ofracial;and University of ' gender identity through large -scale r and staff, and photograph and text works: through 284 -3535 or go Feb. 4. e Modern Photographs: The Machine, in Dreams the Body and the City, gifts from the Atings that Charles Cowles Collection featuring Hiami artist's 101 pieces of art: through April 15. )f his exile in a Miami Center for the Photographic with 50 of his Arts: 1601 SW First St., Miami; free. 305 -649 -0324: 30 p.m. daily s Errant, photography of random D.m.);12400 locations by Axel Stein: through Dec. ami -Dade; 29. 3 -12; children a TwentyAmericans, photography for seniors 65 -by Vieri Tomaselli: through Dec. 29. )ersonnel, Miami bade College Wolfson Cam= to take the pus: held in the James K. Batten Com- go to miami munity Room, Bldg. 2; 300 NE Sec- and Ave., Miami. 305- 274 -2103: e Wounds of Humanity large panels with interperative visuals by Nall; through Jan. 14. e WoundedDove ofPeace, a 13 -foot two -ton bronze sculpture by Nall; through Jan. 14. miArte Gallery: 85 Merrick Way, Coral Gables. 305-445-2783: e 85 @85, an exhibition of no less than 85 artists presenting as a color - ful mosaic of 255 separate canvases, each a unique work of art that will be sold separately: through Jan. 27. Mosquera Orthodontics: 1245 SW 87th Ave., Miami; free. 305- 264 -3355: e An exhibition of art work by local contemporary artist Miguel Angel Giovanetti: through Jan. 5. Museum of Contemporary Art (MOCA): A permanent collection, traveling exhibits; 770 NE 125th St., Joan Lehman Building, North Miami; $5, $3 seniors and students with ID, free for children 11 and under, and res- idents and employees of the City of North Miami and members; 11 a.m. -5 P.m. Tuesday- Saturday; noon -5 p.m. Sunday. 305- 893 - 6211: e Elusive Signs: Bruce Nauman works with Light, exhibition in which Bruce Nauman addresses the essential ele- ments of human existence, challeng- ing the parameters of contemporary art through nontraditional materials: through Jan. 7. e City Beneath the Sea, anew pro- duction and exhibition with mario- nette sculptures by Pablo Cano: through Dec. 23: Praxis International Art: 2960 Ponce de Leon Blvd., Coral Gables. 305- 443 -9700 or go to praxis - art.com: 'TURN TO CALENDAR, 28 introducing..... Fine Portuguese Cuisine by executive chef Leman Jo Santos 4239 West. Flogler St. Miami Fi. 305) 446 -3633 soul, r J razz � r 0 R -*'P COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, December 19, 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 RELATING' TO AMENDING CHAPTER 20- 4.4(1)(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- 4A(M). AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY ZONING USE TRICTDITORIC SINGLE 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. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE 1 OF ORDINANCES BY REVISING ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS. AN 'ORDINANCE RELATING TO .FRANCHISES; CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO ATLANTIC BROADBAND, L.L.C. A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL 26,833 TSQ ORDER TO: WHICH 1 EXCEE S THE MAXIMUM COVERAGE 0 OT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW EXCEEDS THE O MAXIMUM PERMITTED BUILD N50,163 SQUARER FOOTAGEHIOF 20,000 SQUARE FEET;. (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY. Above items can tie 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 Rorida 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. c s. To: Via: From: Date: South Miami M- AmedeaCity CITY OF SOUTH MIAMI 111111 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, Acting City Manager Sanford A. Youkilis, Acting December 19, 2006 Planning Direct p' I 010* 0� TEM No. Opt 0 %_ 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 CHANGING THE ZONING USE DISTRICT FROM "RS -3" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO 11RT -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). The State of Florida has indicated in a letter dated October 30, 2006 that it will not conduct a compliance review on the amendment thereby indicating that the amendment is acceptable and in effect. 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 66th 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. Backup Documentation: Proposed Ordinance Communication from DCA dated 10 -30 -06 Planning Department Staff Report 10 -31 -06 Application Letter of Intent Location map Property survey Public notices SAY P: \Comm Items\2006 \12- 19- 06\PB -06 -027 Rezoning 6540 Manor Ln CM Report.doc r STATE OF FLORIDA D- EPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Thaddeus L. Cohen, AIA Governor Secretary October 30, 2006 Sanford A. Youkilis, AICP Acting Planning Director City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Youkilis: Thank you for submitting copies of the City of South Maimi Small Scale Development Plan Amendment, adopted by Ordinance No(s). 23 -06 -1891 on 10/3/2006 for our records. The reference number for this amendment package is 06501. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact Lavoise Whittington at (850) 922 - .1778. Sincerely, 3. ; L--- D. Ray Eubanks Plan Review & Processing Administrator DRE /ts cc: Carolyn A. Dekle, Executive Director South Florida RPC 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 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 l 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 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 37 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 2 3 PASSED AND ADOPTED this day of .92005 4 5 ATTEST:' APPROVED: 6 7 8 9 CITY CLERK MAYOR .10 11 0 Reading — 12 2"a 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PAConun Items\2006\1 1-28-06\PB-06-027 Rezoning RS-3 to Rt-6 6540 Manor-Ord.doc 50 51 52 0 South Miami All AmedcaCRY 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 OT TT A AT A T VTC' 4J1 1 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 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 by the 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 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 660' 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 I 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 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 land use category from the category Single Family Residential to the Townhouse Residential category on property located of 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 proper notice requirements set forth in Fla. Stat. 163.3184 and 166.041 for a Future Land Use amendment have been complied with. 1 i .- M:9.�f3S'�+3xTypf:mPv. dvn.p�s�ura� Sec hon3. 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 163.3 1 87(l)(c 22 b. Mies of the notice and the proposed amendment shall be forwarded to the Florida Department of Community Affairs and the South Florida Regional Planning Commission. PASSED AND ADOPTED this ?,'I-A— day of October, 2006 ATTEST: APPROVED: CITY CLERK OR READ AND APPROVED AS TO FORM: C I" Reading 9 5 0 6 2"d Reading — 1 3/06 COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Yea Yea Yea Yea Yea Yea �- City-of- South Miami -- r 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 In 4moa e, v4 Lot(s) IS Block S Subdivision AVI-1 P13 S1 N� Meets & Bounds: Applicant: A41 c"ll ��� Phone: 30S- q67-021 Representative,c�s�o;�,� t Organization: 1i Address: 33 /+fE; 3 -D 3 � Phone: ,7 0S- A1,18- 33 7 Property Owner. ,110�Me j _l/ Signature: Mailing ddress: %i�l'y" g I o 8 b s� 3 S45 IT Phone: Architect/Engineer: Phone: AUHE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: caner 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: PL SE 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 O*Current survey (1 original sealed and J 3 fit, RT6 reduced copy @ 11" x IT) 'signed/1 15 copies of Site Plan and Floor Plans ' reduced copy @ 11" x 17" ,20% Property owner signatures Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map 6 I -*?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 best of the plicant's knowledge and belief. Applicant's Signature an title Date Upon receipt, app n licatio 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 OR 305 -448 -3377 / Fax: 305 -448 -3334 hersk@atlanticbb.net September 8th, 2006 To: City of South Miami From: Andrew Herskowitz, Managing Partner Mach l 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 66t 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 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 7380 7381 0 5951 7360 6491 6481 6461 6451 7340 �, 7341 7340 1 1 6331 SW 74TH ST Q7401 7400 7400 m 7400 7401 7400 7401 M 6700 J 7421 �, $o `O 7410 7411 Ln n 0 `D 7411 7410 N 7420 J 7420 7421 o ° 7431 7441 7430 7440 (n 7440 7437 V N � 7511 m ° m co n 7450 7441 7500 7501 7510 C7 v v i R 7500 7511 CO 7511 SW 75TH TER Q 7531 6540 0 6510 1h6^ 7510 7521 7520 7521 ° M 75 1 0 0 0 o 6551 7570 �S� 7540 7531 7530 3 m '551 76TH ST > ° 7600 -J 7611 rn rn in 7611 7600 7601 rn a 0 6540 6520 7610 ^ tO `O tD tO `� o 7621 Ln Ln N ° 6y6 7621 7610 7611 J 7620 N-1 BT Q 6541 652' 7620 7621 7831 6561 _ _.. 7631. _ 9 M N 7630 SW 76 7630 160 w cc m m m '0 7651 `° 7640 ry ti 7641 1631 6� rahp` 6522 7640 7651 �n n 7710 7709. N o �. 6�3 6hry� 7650 6400 o co cn 7661 SW 77TH TER J N w v o 0 07720 rn rn o o 11 <0 ti.. 506 f0 V M N w T o) O r O LA m cro m 7730 Z. o 0 o m m fO 35 p Q c1j w) m m cc ^ 0 ° m m m 6501 D �6 VO sd � J �? CO W77850 m N a W d 1 co ; I m m m 0 m 6y p8oQ N 551 �e rO 2 7854 0 7853 7854 TffLS71 s ssio �r,CP 1— s2o 7862 7861 7862 CO dS �a w 7902 7901 7902 6601 60 n 64 6361 6741 6711 ■;;,■DA SOR•- &W- SGTMST ■■ ■ ■. DAVIS DR ■ 0 o° 0 6420 0 0 o v 0 o 0� c � 6721 8080 sub 00 SW 81ST ST 6700 6490 6480 6470 645 6440 6430 6420 8400 �OJO� M M 6341 to h m O L ° X15 8020 10 Ory 8030 P. 3 w 8040. 8100 � c � 6721 8080 sub 00 SW 81ST ST 6700 6490 6480 6470 645 6440 6430 6420 8400 �OJO� M M 6341 to h m O L ° X15 8020 10 Ory 8030 P. 3 w 8040. 8100 � o_o z U, N Wm n O0ro :r > cc > o ,�, W ( vl o Y o 1� �. • . ($ • �L° m J m ana. a �} C7 0 re V. tipd tl •rr�� _ k Qa a 9":o wQ is a izi r tC 9 h� N-dC. 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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 BOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - DECEMBER 19, 2006 in the XXXX Court, was published in said newspaper in the issues of 12/06/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that he or she has neither paid nor promised any person, firm or corporation any ' ount, rebate, commission or refund for the purpose of ec 'ng this advertisement for publication In the said n s per. . 1 A n Swom to and subscribed before me this 08 ay DE 9t'!F D. 2006 (SEAL) SOOKIE WILLIAMS personally known to me Maria I. Mesa !� My commission DD293865 y Expires March D4.2009 COMMISSION RELATING TO HGNMENT..OF:' A: Pursuant to Florida Statutes 288:0105 the Gift' hereby advises the public that If a person decides to appeal any decision made by this Board, Agen y _ 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. 1218 . a o6.3 -75 61362M _ 120 - NEIGHBORS CALENDAR Introducing..... N elopers Building metrozoo.com: - mmunity, exhibi- • The Scoop on Poop, a 5,000 ondAve., Miami. 305-274-2103: • Wounds of Humanity, large Fine POTtugLLeSe Cu1S1Ile LU E w )f Jewish partici- square -foot traveling exhibition on rent of Florida. what poop is and how animals and panels with interperative visuals by Nall; through Jan. 14.f`" °' ompanies or ries are por- humans use it: through Jan. 10. Mexican Cultural Institute: 5975 Sun- " • Wounded Dove of Peace, a 13 -foot two -ton bronze sculpture by Nall; <" r Q 1 ° 1phical profiles set Dr., South Miami;-free, out 600 visuals 786 - 268 - 4910:' through Jan. 14. miArte Gallery: 85 Merrick Way, ft f 1 x I- ons of their pro- • Ego, a new collection of works by i• Cuban- Mexican Coral Gables. 305 - 445 -2783: " I - or: 400 SE Sec- artist Ulises Gonzalez; through Jan. 4. • 85 @85, an exhibition of no less than 85 artists presenting as a color- e 372-4634: Miami Art Central: 5960 SW 57th ful mosaic of 255 separate canvases, L++ of art by local •ougn Dec. 31. Ave., South Miami. 305- 455 -3333 or go to miamiartcentral.org: each a unique work of art that will be Z, _ allery: 2970 • New Years Eve Exhibit: 6 -10 p.m. sold separately: through Jan. 27. Mosquera Orthodontics; 1245 SW 'l asr ? d t [ a :oral Gables. Dec.8 opening reception, continues 87th Ave., Miami; free. 305-264-3355: LU Dec. 31. works by Maria Miami Art Museum: 10 a.m. -5 p.m; • An exhibition of art work by local contemporary artist Miguel Angel Q ' - 31. SW 73rd St., Tuesday- Friday, 10 a.m. -9 p.m. third Thursday, noon -5 p.m. Saturday -Sun- Giovanetti: through Jan. 5: Museum of Contemporary Art , E ° 4659: graphy, an day; 101 W. Flagler St., Miami; $5 adults, $2.50 seni ors, children 11 (MOCA): A permanent collection, Pa I -whl to photo- - and stud ents with ID free. traveling exhibit • 770 NE 12 5th St. , J oan Lehman Building, Nort h Miami; r sona�� at p J ( Irn Cesar•Bar- 305 - 375 - 3000:. $5, $3 seniors and students with ID E �' Mark Dionatwo- art' installation trrou free for children 11 and under, and by � iversity of focussing on local natural surround- d idents and employees of the City of f executive chef r., Coral udents and ings: through Jan. 14. • Lorna Simpson, an exhibition fea- North Miami and members; 11 a.m. -5 P.M. Tuesday- Saturday; noon -5 p.m. ru ernando Santos E Iceptions, free turfing an examination of racial and Sunday. 305-893-6211: 1 University of gender identity through large -scale 7 and staff, and photograph and text works: through 284 -3535 or go Feb. 4. •Elusive Signs. Bruce Nauman works with Light, exhibition in which Bruce 4 239 West Flagler St. Miami FL Nauman addresses the essential ele 'n Dreams • Modern Photographs: The Machine, the Bodyand the City, gifts from the ments of human existence, challeng- ing the 4 O G 4 A L _ 4 L 4 �7 J `F 363 Atings that Charles Cowles Collection featuring parameters of contemporary art through nontraditional materials: V Hiami artist's >f his exile in a 101 pieces of art: through April 15. Miami Center for the Photographic through Jan. 7. • City Beneath the Sea, anew prod ✓with 50 of his Arts, 1601 SW First St., Miami; free. duction and exhibition with mario `� #r 30 p.m. daily 305- 649 -0324: • Errant, photography of random nette sculptures by Pablo Cano: through Dec. 23: v ).m.);12400 locations by Axel Stein: through Dec. Praxis International Art: 2960 Ponce ami -Dade; 3-12; children 29. • TwentyAmericans, photography de Leon Blvd., Coral Gables. 305- 443 -9700 or go to praxis - m:. MCORPOeATen ` xw{ ' wa? t* 1 for seniors 65 by Vied Tomaselli: through Dec. 29. art.com: 'f) Rid' )ersonnel, Miami Dade College Wolfson Cam= _. to take the go to miarlii pus: held in the James K. Batten Com munity Room, Bldg. 2; 300 NE sec •TURN TO CALENDAR, 28 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA • "IEETALL WINESALES On Tuesday December 19, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6'130 Sunset Drive, the City Commission will hold Public Hearings to 14 • •. 4 • s DAY wcaL r rpvoa asst ON consider the following terns. • 49ALEI MUST ALL ITEATS DVSTCC[0 BRING CURHB BA-TEDAD., . BUZET AN ORDINANCE RELATING'TO AMENDING CHAPTER 20- 4.4(1)(1) OF THE l Ilil II MERLOT /CAB LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT SKYY 8D K1�8 oo_s 5 19� WANT A FREE DINNER FOR TWO? JONNNIE WALKER BLACK 750 $25.99 SEMILLION SAUVIGNON SCRIVENER'S ERROR TO CORRECTLY CROSS- REFERENCE TO RE- NUMBERED SUBSECTION 20- 4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE IIL IN REBATE 1.75 CUSTOM RED 1.75 $29.99: '899750 ` TITLE TO SUBSECTION 20- 4.4(M), j VIIRNOFF s 18 GET YOUR CARD STAMPED OF$50ORMORE. RECEIVE MULTIPLE STAMPS FOR d8'D 175 $z9•ss KETsLONE�VODKA 3 FOR 02T01 AN ORDINANCE 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 "RS l juFUt 175 EVERY $50 INCREMENT PURCHASED ON A SINGLE RECEIPT. SUBMIT THE a3J 1.75 CARLD FROM -3" SINGLE FAMILY RESIDENTIAL ZONING- DISTRICT TO "RT -6" TOWNHOUSE ISOLUT COMPLETED CARD TO ANY BIG DADDY'S AND YOU WILL BE ENTITLED TOA jj DEWARS ROSSI BURG. OR CHABLIS RESIDENTIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE $0111:1111199 S DINNER FOR TWO CERTIFICATE AT ANY, `FLANIGAIVS $29B1.75 DR ROSE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF TWO 175 I I SEAFOOD BAR& GRILL" sue cTTOSOMERULESASIDREGULATIONS. TRUMP VODKA $848 TOWNHOUSE RESIDENTIAL UNITS. AN ORDINANCE rROmoTIoNMAVaEDrscONTmL7DwrTROUTNOTrcE 29 750- LTA AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE EQnp(; 1axB I ; I ' I I SA MA OF ORDINANCES BY REVISING ARTICLE VI ENTITLED "ADVERTISING BENCHES" ��gg fV ; LTR CUTTY SARK g pp�e 5 WILD TURKEY 101 r CROWN ROYAL 838 ",.r5 MARGHERITA TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS. � AN 'ORDINANCE - RELATING TO CONSENTING T0. � - CHINAS 20� MAIUxRE9ATE175 $ 18 750 $ 18�7so PINOT GRIGIO .FRANCHISES; THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO ATLANTIC BROADBAND, ! " ei q'.55$1999 750 $24.99 750 $24.99 $ • 9CKANANS11L2YA &.750. $29.99 D 9R JIM BEAM 1,75 $1g.9g JACKDANIELS 1.75 BLACKVELVET 175514.99 CCoRVo 1.775$19: 98 18.750 L.L.C. A RESOLUTION FOR SPECIAL EXCEPTIONS. FOR A MIXED USE DEVELOPMENT - PROJECT IN THE SPECIALITY j E VAiITEHORSE 750 $9.99 :$29.99 JIM BEAM BLACK 750 15.99 CANADIAN MIST 1.75 $15.99 CINZANO RETAIL ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR I AI� • P ?BAP'ARDI I RIMY MARTIN I I DRAMBUIE VERMOUTH $489 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW I(R;OR DARK p OR B &B 750 74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS 5A519.99 e97so � $� �7s0 BLUE NUN THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th j 5$fT99 °LUfLBU J5£$19.99 $1Y99 HENNESSYVS 750 $25.99 COURVOISIERVS 750 $23.99 RINDADOR JAGERMEISTER 750 $20.99 PATRON SILVER 750 $38.99 RIESLING $ 98 6 COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 099 750 $13.99 R?LIPEp2 750' $13.99 BAILEY'S :750 $17,99 GRAND HARMER 750 $29.99 750 SOUTH DIXIE HIGHWAY. 1 CAROLAN S auze STOCK Above Items can tie inspected in the City Clerk's Office, Monday - Friday during regular office flours. eg IRISH SPICE �`• 5999 B1?89so VERMOUTH $ 88 4 750 If you have any inquiries on the above items please contact the City Clerk's office at: 305 -663 -6326. . . l TEQUILA 7 LEGUAS, 75D BLANCO 750 $38.99 REPOSAD0 750 $41,99 JOSE ALL interested parties are Invited to attend and will be heard. ( - " TRADERVIC'S E ORIGINAL NAEJO 750- $44.99 CUERVO TEQUILA Marra M. Menendez, CIVIC ADANUL NOT MARGARITAVILLE City Clerk 9b9 M0.00- -'9.99 LIN REBATE 750 Ge9LD ORenuEB 2,"% 175 $AA99 fl a7 1.75 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 MlE SUfFSNE 9494HIrB AVi: R I>wUENDNf 94 11 lalim l MVU41 ORO, SMI. POMPRNO 69WEAtla E6fItl. 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 averbatim record of the proceedings is made which record includes the testimony 2551 3 8061 954133 -05111 305.757 -9114 994183 X99 and evidence upon which the appeal is to be based. 3 'O N � m 0 p z my N c lk cn c OI ° I I� 6 y pi• Al. t '; La Cal CD Cm n cP' a g 50, aw Spw a° ccav � 0 ISO 00, EO) Mc b D d m` n o� �o n r! nz n o H vtoO f� O P N-Kl a � o H O c. A� t•r- � a ati ° a � � is � � � � � s' r" .w¢:°a'gi •� _ � a o h �l! n N h o66 °dy •Qi: cuC yob cti A � Ff�� N aHUM � 1�5� 0.F za ia Z to �m O J ,D 4 � � •R P R w P o P_ \ y t R mot. 0 N pty x Z ci Ea U' o o p C m m t_ i_mM v o m a m Z �o ^m \p m 3i gyp; ^+ Ay N : kn3� 7ktir� �� �t�9 'O N � m 0 p z my N c lk cn c OI ° I I� 6 y pi• Al. t '; La Cal CD Cm n cP' a g 50, aw Spw a° ccav � 0 ISO 00, EO) Mc b D d m` n o� �o n r! nz n o H vtoO f� O P N-Kl a � o H O c. A� t•r- � a ati ° a � � is � � � � � s' r" .w¢:°a'gi •� _ � a o h �l! n N h o66 °dy •Qi: cuC yob cti A � Ff�� N aHUM � 1�5� 0.F za ia Z to �m O J ,D 4 � � •R P R w P o P_ \ y t R mot. 0 N pty x Z ci Ea U' o o p C m m t_ i_mM v o m a m Z �o ^m \p m 3i South Miami NI-AmericaCity CITY OF SOUTH MIAMI t J.F 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 ii December 5, 2006 Date: ITEM No. Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 20- 4.4(1)(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 P: \Comm Items\2006 \11 -28 -06 \LDC 20 -4.4 Tech Amend CM Report.doc 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 I ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 20- 4.4(1)(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 204.4(M); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to amend the city's land development code, section 20- 4.4(I)(1), relating to valet parking to correct a scrivener's error; and, WHEREAS, the city has amended both its valet parking and general parking provisions of the city code several times, including by passing several parking moratorium ordinances; and WHEREAS, due to the amendments the parking code has been re- numbered and has created new subsections; and, WHEREAS, due to the renumbering and creation of new subsections, subsection 20- 4.4(I)(1) was overlooked, and the subsection referenced [20- 4.4(L), which subsection currently relates to parking fees, generally] needs to be corrected to reflect the proper subsection of 20- 4.4(M), which section specifically relates to valet parking permits; and, WHEREAS, additionally, the code needs to be amended to correct a second scrivener's error, which error was to leave the following editorial comment in the code, which comment was never meant to be a part of the code and should be stricken from the code, to wit: "[The remaining paragraphs are numbered and reordered.] "; and, WHEREAS, to ensure that section 20- 4.4(M) is in no way misleading, the Mayor and City Commission desire to amend the title to 20- 4.4(M) to reflect the title of "Valet Parking Permit(s)." WHEREAS, the Planning Board at its October 31, 2006 meeting, after public hearing, approved a motion by a vote of 6 ayes 0 nays recommending that the proposed technical amendments to Land Development Code Section 20 -4.4 be approved; and Additions shown by underlining and deletions shown by ever-s#ilcng 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(1)(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 12 (1) 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 4AM as amended from time to time, of the South Miami Land Development 20 Code, entitled "Valet Parking Permits." [The rema—i-i ... g ,--graphs are 21 nuffiber-ed and reer-der-ed.]. 22 23 24 Section 2. Section 20-4.4(M) is hereby amended as follows: 25 26 Valet Parking Permits Ar U-se efPublie &eper 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 eve fstfiking. 3 1 2 3 4 Section 6. This ordinance shall take effect immediately upon enactment. 5 6 PASSED AND ADOPTED this 7 8 ATTEST: 9 10 11 CITY CLERK 12 13 14 15 16 17 READ AND APPROVED AS TO FORM: 18 _19 20 Luis R. Figueredo, 21 Nagin Gallop Figueredo, P.A. 22 Office of City Attorney 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 day of' December, 2006 APPROVED: MAYOR 1st Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Beckman: Commissioner Palmer: 39 P: \Comm Items \2006 \11 -28 -06 \Ordinance Amending Chapter 20- 4.4.doc 40 41 Additions shown by underlinine and deletions shown by ever-striking. 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 SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a dally (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 - DECEMBER 19, 2006 in the XXXX Court, was published in said newspaper in the issues of 12/08/2006 Afffant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afffant further says that he or she has neither paid nor promised any person, firm or corporation any ount, rebate, commission or refund for the purpose of ec ing this advertisement for publication In the said Swom to and subscribed before me this 08 ay DE � , A.D. 2006 (SEAL) SOOKIE WILLIAMS personally known to me ,.s� Maria I. Mesa f My Commission DD293865 �dF. Expires March 04, 2008 NEIGHBORS CALENDAR metrozoo.com: • The Scoop on Poop, a 5;000 square -foot traveling exhibition on what poop is and how animals and humans use it: through Jan. 10. Mexican Cultural Institute; 5975 Sun set Dr., South Miami; free. 786- 268 -4910: • Ego, a new collection of works by Cuban - Mexican artist Ulises Gonzalez; through Jan. 4. Miami Art Central; 5960 SW 57th Ave., South Miami. 305- 455 -3333 or go to miamiartcentral.org: • New Years Eve Exhibit: 6 -10 p.m. Dec.8 opening reception, continues Dec, 31. Miami Art Museum: 10 a.m. -5 p.m: Tuesday - Friday, 10 a.m. -9 p.m. third Thursday, noon -5 p.m.Saturday-Sun- day;101 W. Flagler St., Miami; $5 adults, $2.50 seniors; children 11 and under and students with ID free. 305 - 375 - 3000: • Mark Dion, a two -part installation focussing on local natural surround- ings: through Jan. 14. • Lorna Simpson, an exhibition fea- turing an examination of racial and gender identity through large -scale photograph and text works: through Feb. 4. • Modern Photographs: The Machine, the Bodyand the City, gifts from the Charles Cowles Collection featuring 101 pieces of art: through April 15, Miami Center for the Photographic Arts: 1601 SW First St., Miami; free. 305 -649 -0324: • Errant, photography of random locations by Axel Stein: through Dec. 29. • TwentyAmericans, photography by vier! Tomaselli: through Dec. 29, Miami Dade College Wolfson Cam= pus: held in the James K. Batten Com- munity Room, Bldg. 2; 300 NE Sec- and Ave., Miami. 305- 274 -2103: • Wounds ofNumanity, large panels with interperative visuals by Nall; through Jan. 14. • Wounded Dove ofPeace, a 13 -foot two -ton bronze sculpture by Nall; through Jan. 14. miArte Gallery: 85 Merrick Way, Coral Gables. 305.445 -2783: • 85 @85, an exhibition of no less than 85 artists presenting as a color- ful.mosaicof 255 separate canvases, each a unique work of art that will be sold separately: through Jan. 27. Mosquera Orthodontics: 1245 SW 87th Ave., Miami; free. 305 - 264 -3355: • An exhibition of artwork by local contemporary artist Miguel Angel Giovanetti: through Jan. 5. Museum of Contemporary Art (MOCA): A permanent collection, traveling exhibits; 770 NE 125th St., Joan Lehman Building, North Miami; $5, $3 seniors and students with ID, free for children 11 and under, and res- idents and employees of the City of North Miami and members; 11 a.m. -5 P.m. Tuesday-Saturday; noon -5 p.m. Sunday. 305- 893 -6211: • Elusive Signs: Bruce Nauman works with Light, exhibition in which Bruce Nauman addresses the essential ele- ments of human existence, challeng- ing the parameters of contemporary art through nontraditional materials: through Jan. 7. • City Beneath the Sea, a new pro- duction and exhibition with mario- nette sculptures by Pablo Cano: through Dec. 23, Praxis International Art: 2960 Ponce de Leon Blvd., Coral Gables 305 -443 -9700 or go to praxis - art.com: 'TURN TO CALENDAR, 28 Introducing..... Fine Portuguese Cuisine by executive Chef Femaudo Santos 4239 West Flagler St. Miami Ff., (305) 446 -3633 SOVr -4 t+r y U iN4RRFORA7E(1 V,:. ' COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, December 19, 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 RELATING' TO AMENDING CHAPTER 20- 4.4(1)(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). AN ORDINANCE 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 -8" 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. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES. BY REVISING ARTICLE A ENTITLED "ADVERTISING BENCHES" TO REGULATE ADVERTISING AT, IN OR ON BUS SHELTERS. AN 'ORDINANCE RELATING TO FRANCHISES; CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO ATLANTIC BROADBAND, L.L.C. A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW E 2 TO HAVE SQUARE WHICH EXCEEDS HEMAXIMUM PERMITTED BUILDING SQUARE FOOTAGE COURT WHICH ELOCATION (3) ALLOW ISNOT SHOWN ON THE HOMETOWN NDISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY. 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 Rorida 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. _. _. _.. ., Via_ „.. ..��,, �o ,a N LU m M v 0 r a 0 of LUx 0 a LU x E a f W E a d x E E N 0 I To: Via: From: Date: South Miami 1 � CITY OF SOUTH MIAMI I ir OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Sanford A. Youkilis, Acting December 19, 2006 Planning 0,56 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 70 STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 591h COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Background: The applicant, 64 Development Corporation, is requesting approval to construct a mixed use building on property in the SR(HD -OV) zoning district. The vacant site contains 31,523 square feet and has sides facing three streets. The project proposed will be a mixed use (office / retail) four story building with an integrated parking structure. There will be 38,233 square feet of commercial office and 11,052 square feet of retail space. The parking areas will contain more than the minimum required 191 parking spaces. The applicant is requesting three special exceptions to modify regulations pertaining to lot coverage, building size, and location of curb cuts. Special exceptions requested: Lot Coverage The applicant is requesting a waiver to allow a lot coverage of 26,833 square feet which is 85% of the total site. The Hometown Overlay District `s regulating graphic plan (Sec.20 -7.9B) limits lot coverage to 60% on S. Dixie Highway and 50% on SW 74th Street. Maximum Sa.Ft. Per Building: The applicant's proposed structure contains 50,163 square feet which exceeds Hometown Plan's 20,000 square feet.maximum. Location of curb cut. The applicant's proposal shows dual access to the parking area from SW 74th Street and from SW 59tb Court. The parking provisions contained in the Hometown Overlay District regulating graphic plan (Sec.20 -7.11) mandate the location of curb cuts. The plan shows a permitted curb cut on SW 74th Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The 'applicant's third special exception is to permit the SW 59th Court curb cut. The granting of special exceptions require a finding by the City that seven criteria are applicable to the project. (Sec.20- 7.51). The Planning Department has compared the project to each of the seven criteria listed in the LDC, 2 and has determined that the proposed development advances the economic development of the City and is compatible with land use, density, and design criteria established for the Hometown District. Based upon this review the Planning Department determined that the proposed development supports the granting of special exceptions. Traffic Report: The applicant contracted with a consultant to prepare a traffic impact analysis for consideration prior to approval of the special exception. Attached is a copy of the study ( "5966 S. Dixie Highway - Traffic Impact Study") carried out by David Plummer & Associates. The report concludes on p.16 that all roadways adjacent to the project were found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is sufficient capacity for future volumes. The study also confirms that the driveway entrance to the parking levels off of SW 59t` Court will help minimize traffic from using neighborhood streets. Planning Board Action: The Planning Board at its November 29, 2006 meeting, after public hearing, adopted a motion by a vote of 4 ayes 2 nays (Ms. Beckman, Ms. Young) recommending approval with conditions of the special exception request. Recommendation: It is recommended that the City Commission approve the three requested special exceptions for 5966 -70 S. Dixie Highway with the following conditions: (1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program. (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. Backup Documentation: Draft Resolution Planning Department Staff Report 11/29/06 Survey/ Plans Traffic Impact Study Copies of Public Notices SAY P:\Comm Items\2006 \12- 19- 06 \PB -06 -032 Spec Excep 5966 S Dixie CM Report.doc t _1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE 5 LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE 6 DEVELOPMENT PROJECT IN THE " SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN 7 DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO 8 SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE 9 OF 85 % OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE 10 ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th 11 STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE 12 MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) 13 ALLOW A CURB CUT TO BE LOCATED ON SW 59" COURT WHICH LOCATION IS NOT 14 SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY 15 GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 17 EFFECTIVE DATE 18 19 20 WHEREAS, the 64 Development Corporation has submitted Application No. PB -06 -033 requesting 21 approval for three special exceptions necessary to construct a mixed use (office / retail) four story building 22 on property located at 5966 -70 S. Dixie Highway within the SR(HD -OV) zoning district, said project to 23 include 38,233 'square feet of commercial office and 11,052 square feet of retail space and a total of 198 24 parking spaces; and 25 26 WHEREAS, the applicant is requesting special exceptions for lot coverage, maximum building 27 square footage, and curb cuts; and 28 29 WHEREAS, a special exception request in the Hometown Overlay District requires the Planning 30 Board's recommendation and approval by the City Commission; and 31 32 WHEREAS, after review and consideration, the Planning Department recommended approval 33 of the application with conditions ; and 34 35 WHEREAS, at its November 29, 2006 meeting the Planning Board after public hearing 36 voted 4 ayes 2 nays to recommend approval of the special exceptions with specific conditions; and 37 38 WHEREAS, the City Commission desires to accept the recommendation of the Planning 39 Board and enact the aforesaid resolution. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 42 THE CITY OF SOUTH MIAMI, FLORIDA: 43 44 Section 1. That the proposed construction of a mixed use (office / retail) four story building on 45 property located at 5966 -70 S. Dixie Highway advances the economic development of the City and is 46 compatible with land use, density, and design criteria established for the Hometown District, as set forth 47 in LDC Sec.20 -7.51, which includes seven criteria necessary for approving special exceptions: 48 49 (1) The proposed development contributes to, promotes and encourages the improvement of the 50 Hometown District and catalyzes other development as envisioned in the Hometown 51 District regulations. 52 53 1 (2) 2 3 (2) The_ proposed development is compatible with the land uses and development intensities 4 prescribed by all applicable city regulations. 5 6 (3) The proposed development must possess integrity of design compatible with the design 7 criteria established for the Hometown District and with the overall image of the city. 8 9 (4) The proposed development shall be designed in a manner that provides for effective 10 management of traffic (vehicular and pedestrian), parking, lighting, noise and waste 11 generated by the development, and management of the impacts of the development public 12 facilities and services. 13 14 (5) The proposed development does not expand the permitted uses within the Hometown 15 District. 16 17 (6) The proposed development will not have an unfavorable effect on the economy of the City 18 of South Miami. 19 20 (7) The proposed development, when considered cumulatively with other development, both 21 present and future, within the Hometown District, will not create excessive overcrowding or 22 concentration of people or population. 23 24 Section 2. That the subject application requesting a special exception to allow an overall lot coverage of 25 85% of the total site which exceeds the lot coverage of 60 % on S. Dixie Highway and thee 50% on SW 74 26 Street as required by the Hometown Overlay District regulating graphic plan (Sec.20 -7.9) is hereby 27 approved subject to conditions set forth in Section 5 below. 28 29 Section 3 That the subject application requesting a special, exception to allow the placement of a curb 30 cut/ driveway to be located on the SW 59t' Court side of the building which location is not designated on the 31 Hometown Overlay District Regulating Graphic plan (Sec,20 -7.11) is hereby approved subject to 32 conditions set forth in Section 5 below. 33 34 Section 4. That the subject application requesting a special exception to allow a building area of 50,163 35 sq.ft which exceeds the Hometown Overlay District regulating graphic plan (Sec.20 -7.9; 20 -7.11) which 36 limits building square footage to 20,000 sq. ft., is hereby approved subject to conditions set forth in Section 37 5 below. 38 39 Section 5 . The special exceptions set forth above as requested are approved subject to the following 40 conditions: 41 42 (1) The applicant must agree that all street, sidewalk and street furniture improvements must be 43 consistent with the design and material specifications as set forth by the City in its downtown 44 street improvement program. 45 (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the 46 specific design of the building and site plan submitted as part of this application, identified as 47 "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inc. 48 49 Section 6. This resolution shall be effective immediately after the adoption hereof. 50 51 52 PASSED AND ADOPTED this , day of , 2006. 53 1 (3) 2 3 ATTEST: APPROVED: 4 5 6 7 CITY CLERK MAYOR 8 9 Commission Vote: 10 READ AND APPROVED AS TO FORM: Mayor Feliu: 11 Vice Mayor Wiscombe 12 Commissioner Palmer: 13 Commissioner Birts 14 Commissioner Beckman: 15 CITY ATTORNEY 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 PAComm Items\2006 \12- 19- 06\PB -06 -032 Special Exception Resolution.doc 49 50 51 52 53 .nd South Miami i eacac'' 2001 To: Honorable Chair & Planning Date: November 29, 2006 Board Members From: Sanford A. Youkilis ,, Re: Special Exception Request Acting Planning Dir6ctor SR(HD -OV) Hometown Overlay 5966 -70 S. Dixie Highway PB -06 -032 Applicant: 64 Development Corp. Location: 5966 -70 South Dixie Highway A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT. IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20- 7.811, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, 64 Corporation, is requesting approval to construct a mixed use building on property in the SR(HD -OV) zoning district. The vacant site contains 31,523 square feet and has sides facing three streets. The project proposed will be a mixed use (office / retail) four story building with an integrated parking structure. There will be 38,233 square feet of commercial office and 11,052 square feet of retail space. The parking areas will contain more than the minimum required 191 parking spaces. The applicant is requesting three special exceptions to modify regulations pertaining to lot coverage; building size, and location of curb cuts: APPLICABLE REGULATIONS The special exception section in the Hometown Overlay District regulations (Sec.20 -7.51) allows for the City Commission to waive compliance with any of the requirements or standards in the chapter upon a finding that the proposed development complies with and implements seven economic and design objectives of the Hometown Overlay zone. These objectives are spelled out in the "Special Exception" section, which is attached: e ._ LDC Special Exception November 29, 2006 Page 2 of 4 The procedure for approving special exceptions requires a public hearing before the Planning Board and then a second public hearing before the City Commission. Both newspaper notice and mail notices are required. This process is spelled out in Sec, 20 -7.52, "Procedure for special exception ", which is attached. REQUESTED SPECIAL EXCEPTIONS Lot Coverage_ The applicant is requesting a waiver to allow a lot coverage of 26,833 square feet which is 85% of the total site. The Hometown Overlay District `s regulating graphic plan (Sec.20 -7.9B) limits lot coverage to 60% on S. Dixie Highway and 50% on SW 74I` Street. Maximum Sq.Ft. Per Building The applicant's proposed structure contains 50,163 square feet which exceeds Hometown Plan's 20,000 square feet maximum. Location of curb cut. The applicant's proposal shows dual access to the parking area from SW 74h Street and from SW 59th Court. The parking provisions contained in the Hometown Overlay District regulating graphic plan (Sec.20 -7.11) mandate the location of curb cuts. The plan shows a permitted curb cut on SW 74'h Avenue, however, the proposed curb cut for the vehicle entrance on SW 59th Court is not shown. The applicant's third special exception is to permit the SW 59ffi Court curb cut. STAFF OBSERVATIONS • The proposed development incorporating two major land uses is consistent with the objectives of the Hometown Overlay District Mixed Use standards specified in LDC Sec.20- 7.2(E). • The proposed development is consistent with the specifications set forth in LDC Sec. 20- 7.2(D): a height limit of 4 stories (56 feet); a non - residential floor area ratio of 1.59 ( maximum FAR permitted is 1.6); the retail ground floor area is more than the minimum 20 % of the gross floor area. • The special exception for the proposed curb cut for the vehicle entrance on SW 590' Court is an appropriate request because it will become the only entrance and exit for vehicles to the upper or lower floors of the parking garage. The SW 74th Street entrance will be for parking on the first floor only (29 spaces); there will be no access to the other levels of the garage. This will limit the number of vehicles entering and leaving the parking areas from SW 74h Street which is residential on south side. • The Hometown Overlay District regulating graphic plan (Sec.20 -7.8 and Sec. 20 -7.10) mandates that lot coverage may not exceed the 60 % on S. Dixie Highway properties and 50 % lot coverage on SW 74'h Street properties. The special exception request is to allow an 85% overall lot coverage. This is a result of a building design which incorporates the required parking as an internal garage. The Zoning Task Force and the Planning Board have both recognized that the lot coverage issue is a deterrent to unified development projects and have included in the revised Land Development Code draft a provision increasing the Hometown Overlay District Regulating Plan lot coverage to "....80% maximum, if garage construction provides all required parking • The Hometown Overlay District regulating graphic plan (Sec.20 7.7 -Sec. 20 -7.11) mandates that all buildings be limited to 20,000 square feet. This concept to encourage a number of small buildings on each block runs counter to today's development patterns and construction costs and is a deterrent to multi -level mixed use development, a major objective of the Hometown Plan. The applicant's request for special exception / waiver of the 20,000 square foot building size is appropriate. LDC Special Exception November 29, 2006 Page 3 of 4 • The granting of special exceptions require a finding by the City that the below listed seven conditions are applicable to the project. (Sec,20- 7.51): (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. The applicant, in a letter dated October 9, 2006 (Compliance Criteria), provides their analysis as to how the proposed project complies with the City's special exception criteria. The Planning Department has compared the project to each of the seven criteria, listed in the LDC, and has determined that the proposed development advances the economic development of the City and is compatible with land use, density, and design criteria established for the Hometown District. Based upon this review the Planning Department finds that the proposed development supports the granting of special exceptions. TRAFFIC ANALYSIS Staff was concerned about the impact of traffic on the streets which contain exits and entrances to the development. The applicant contracted with a consultant to prepare a traffic impact analysis for consideration prior to approval of the special exception. Attached is a copy of the study ( "5966 S. Dixie Highway-Traffic Impact Study") carried out by David Plummer & Associates. The report concludes on p.16 that all roadways adjacent to the project were found to be operating during both the morning and afternoon peaks at acceptable levels of service and that there is sufficient capacity for future volumes. The study also confirms that the driveway entrance to the parking levels off of SW 59t' Court will help minimize traffic from using neighborhood streets. RECOMMENDATION It is recommended that the Planning Board approve the all three of the requested special exceptions for 5966 -70 S. Dixie Highway with the following conditions: LDC Special Exception November 29, 2006 Page 4 of 4 (1) The applicant must agree that all street, sidewalk and street furniture improvements must be consistent with the design and material specifications as set forth by the City in its downtown street improvement program. (2) In compliance with LDC Sec. 20 -7.51 (C ) the proposed development must be consistent with the specific design of the building and site plan submitted as part of this application, identified as "5966 S. Dixie Highway" dated October 13, 2006 prepared by Mateu Architecture, Inca Attachments: Application / location Map Applicant's Letter on Hardship Applicant's Letter on Compliance with Criteria Survey/ Plans LDC Seca 20- 7.51/.52 Traffic Impact Study Copies of Public Notices SAY P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \11- 29- 06\PB -06 -032 Special Excep 5966 S Dixie.doc ,a City of South MiamiPB -06 -032 Hometown Special Exceptions - Lot Coverage, Building Square Footage, Curb Cuts 5966 -70 S. Dixie Highway c0 tD m t0 O �p 1 CC*. S � O 6900 ti h sus s v N to 21 TH ST Q 0 7000 7001 m to . ° ac 7020 � °o °o 7019 � r°� W ° 7040 ° CD O LO ° J a p 7051 7109 7oso SW 7.1 ST ST _ h� N>>,o S 7171 Q � � C' o m m to La WN ~ � LO y� h h o rn N 6101 h w t � O aa, m LO C/) 5 89 SW 72ND ST SUNSET DR so 6110 6950 m m m m m 5800 6180 TIP m .n v� 00 I o � o° � o s� a2 d� 7230 LO o � 5859 a + 9A6 co LO 5829 m n N o ° W 73RD ST Ln o f° 7311 7340 5940 7331 5824 m co 7311 o w n SUBJECT 7321 s8so PROPER 590, 6040 74TH o- 6 °yb 6022 A ° 5950 5901 5875 h 5801 a 7410 7420 > SW 74TH TER ° O� �pbL F- Q 5890 (0 5800 Gj `O 7440 _ L A rj- r- LO 75oo 7511 U) 0 6� Lo 40 7515 7500 7515 7520 C/) 7540 (n 7541 7520 7535 7530 °o o N N � ° 7541 - 7532 . 5991 to to v m cn o o c. G -m m- 7575 6101 7541 o V) V) N W) � 7563 "' U') "' "' 7548 N SW 7 6150 7606 o rn 7601 7611 5862 7610 0 0 7601 7600 7600 CD to 0 7621 7615 7616 7621 5864 7620 76 1 7620 7621 7620. 7637 7620 Oct 02 06' 10:04a Mateu Architecture 3052333326 p.7 a City of South Miami �`'-� •� u; y Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4541 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision Meets & Bounds: . —� -see- C` A(-- .c. I IeG plieant Phone: _ Representative: Organization: 1-nc(:(c -elc� i- -r� .�,c( L� ; J� loprr-\ ef) t C r(9 Address: 7 -, Phone: iQ to #ii �.: 1 ',(� is LC �- i 5f:r 3 Property Owner. Signature: (E L) rev Iv 19 i N�-t f -C t /9 Mailing Address: Phone: :S ((ct;�1 ?3)) 3 30!�-L-0(c ArchitecflEngineer. Phone: ©0 c- c. YYIr -44-9 L' Wit) _� AS THE APPLICANT, PLEASE INDICATE Y9A RELATIONSHIP TO THIS PROJECT: _Owner _„owner's Representative tract to purchase _Option to purchase rTenartt/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING; $Ugp IIAAAT ER�ALS PLEASE CHECK THE APPROPRIATE n-EM: PLEASE CHECK ALL THAT Aqand Text Amendment to LDC _„YVariance v/ Letter of intent Zoning Map Amendment Special Use ✓Justifications for Chang P{JO Approval XSpeciat Exception(.'�) s e PUD Major Ghange Other of ership or letter Briefly explain application and cite specdto Code sections: y nlr ct t purchase Current survey (I original s signed/1 reduced copy @ 11" x 17-) J' ✓� c • ��' j ���10CCt/ 4� 610,16 3 Ts copies of Site Plan and Floor Plans GV' reduced copy Q I I" x 17- % Property owner signatures Section: Subsection: Page #: Amended Date: ` +' /Mailing labels (3 sets) and map Z RRequired Fee(s) The undkied s read this comppleted application and represents that the information and all submitted materials are true and correct to the applicant's iaiowledgo and belief: /!> ,a 0�6 App and title Date Upon ,tions and all submitted materials will be reviewed for comppliance with the Land Development Code and oilier appir a regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Fled Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment W/00 r 64 DEVELOPMENT CORPORATION October 9, 2006 Mr. Sanford Youkilis City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 5966 & 5970 South Dixie Highway - Letter of Intent Dear Mr. Youkilis, Please accept this letter of intent for the proposed new development located at the site referenced above The entire site consists of 5966 and 5970 South Dixie Highway totaling 31,975 square feet of land. We are proposing a 4 story structure that will contain retail space on the ground floor, office spaces in the upper two floors and a parking garage consisting of spaces in the basement, 2nd and 31d levels, The total proposed FAR for the project is 50,163 where 50,436 square feet is allowed. The site fonts on South Dixie Highway as well as SW 59 Court and SW 74 Street. This proposed development is designed to meet all of the Hometown District Overlay ordinances except for lot coverage and building size limit to 20,000 square feet for which we are submitting an application for public hearing before the Planning Board and City Commission. Our current zoning district is Specialty Retail (SR) which normally allows lot coverage of 90%. The Hometown District Overlay allows only 60 %when fronting South Dixie Highway. Our proposed plan requests an 85% lot coverage. Please review our entire application and do not hesitate to contact me if you need any additional information Sincerer, Marcelo Fernandes Vice President 64 DEVELOPMENT CORPORATION October 9, 2006 Mr. Sanford Youkilis City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Statement of Hardship & justification for Change 5966 & 5970 South Dixie Highway Dear Mr. Youkilis, Attached please find a site plan and floor plans for my proposed new development located at the site referenced above. The entire site consists of 5966 and 5970 South Dixie Highway totaling 31,523 square feet of land. We are proposing a 4`story structure that will contain retail space on the ground floor, office spaces in the upper two floors and a parking gaaeoiYSiig ca£8 spaces in the basement, 2nd and 3=d levels. The total proposed FAR for the project is 50,43 square feet where 50,163 quaxe feet is allowed. As you can see from the site p an, the site is very irregularly shaped with nine sides and fronting three streets: South Dixie Highway, SW 59 Court and SW 74 Street. Regardless of this challenging site configuration, this proposed development is designed to meet all of the Hometown District Overlay (HDO) ordinances except for lot coverage for which we are submitting this application for public hearing. Our current zoning district is Specialty Retail (SR) which normally allows lot coverage of 90 %. The HDO allows only 60% when fronting South Dixie Highway. Our proposed plan requests 85% lot coverage. In order to comply with all the other ordinances, we have designed a parking structure that extends below grade as well as occupying the majority of the 2nd and 3rd floors. The other floors have been set back and reduced in size to create an architecturally interesting structure that minimizes the presence of the garage: In reviewing the site plan, the design of the parking structure is on the first two floors while the office spaces suspend above to create the visual concept of an interesting architectural sculpture rather than a building. The parking is so well incorporated in to the design that the first two floors of parking are not visible along the heavily traveled frontage of South Dixie Highway. In keeping with the HDO's purpose to design parking that "must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district." -we have designed a parking structure that maximizes this need while it is visually appealing and practically hidden. Our site pl -in does not surpass the lot coverage requirement in the standard SR zoning requirement. It is important to consider that an open air, asphalted parking lot would be allowed in the HDO but then we would loose the much needed parking spaces in the city and be left with a much less visually pleasing structure. Please review o x entire application and do nothesitate to contact me if you need any additional information. Sincerely, Vice 64 DEVELOPMENT CORPORATION October 9, 2006 Mr. Sanford Youkilis City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 5966 & 5970 South Dixie Highway — Compliance Criteria Dear Mr. Youkilis, Please accept this letter of compliance as an additional supplement to my application for public hearing on the property referenced above. I would like to address each special exception provision as found in section 20 -7.51 of the South Miami Land Development Code. 1. Our proposed development does contribute, promote and encourages the improvement of the Hometown District (HD)_ and catalyzes other development as envisioned in the HD regulations. The development allows for access to the building by pedestrians or vehicles on each of the 3 streets that it fronts. The design also allows for landscaping to be placed on both SW 59 Court and SW 74 Street. The development also implements the mixed use of retail on the first floor and offices on the top two floors to maximize the land use categories as found in traditional downtowns. 2. The proposed development is compatible with the land uses and development intensities prescribed by all the applicable city regulations. The only special exceptions being requested are lot coverage and building size as stipulated by the HD overlay. The proposed lot coverage and building size are within the allowances of the Specialty Retail zoning district for which the property is currently zoned. 3. The proposed development possess integrity of design compatible with the design criteria established for the HD and with the overall image of the city. We believe the uniqueness of the design and quality of materials will definitely make this one of the flagship buildings of the city. 4. The proposed development is designed in a manner that provides effective management of traffic. Access is available via all 3 "streets along with an underground parking level. Our 198 on-site parking spaces exceed the requirements needed. Based on the current uses of the neighboring properties, (New Chinatown restaurant, Foxes Lounge, gas station, auto mechanic shop and other retail) the proposed development will produce the least amount of lighting, noise and waste impact to the neighborhood. 5. The proposed development does not expand the permitted uses within the HD. This development proposes a mixed use of retail and offices. 6. The proposed development will have a favorable effect on the economy of the City of South Miami. By bringing in additional retail and office space that is much needed in the city, this development is able to absorb all the parking for which it is designed with a surplus to spare. The unique design will establish a new higher level of architectural standard to the city especially along the highly visible boulevard of South Dixie Highway. 7500 RED RD • SOUTH MIAMI, FL •33143 PHONE: 305- 663 -1293 FAX: 303 -665 -0272 WEB SITE: OXFORDUNIVERSAL.COM E -MAIL: BMFT ENTERPRISES, INC. A DIVISION OF THE OXFORD GROUP -2— October 16, 2006 7. The proposed development will not create excessive overcrowding or concentration of people. Visually speaking the 50,000 square feet building does not crowd the site at all. On the contrary, the design of the upper floors create an illusion that they are suspended in the air. These floors are also set back on all sides to create space between each neighboring property. The use of underground parking, as well as hidden levels of parking aboveground, assist in minimizing the congestion of buildings in the HD while addressing the much needed office and retail space to help vitalize the city, Please review our entire application and do not hesitate to contact me if you need any additional information. Sincerely, Marcelo Re andes Vice President 20 -7.51 SOUTH MIAMI LAND DEVELOPMENT CODE r 20 -7.51 Special exception. (A) The city commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the city commission must find by substantial competent evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development inten- sities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. (B) The city commission, in granting any special exception, may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve and promote the intent of the Hometown District Overlay Ordinance. (C) Special exceptions, if granted, shall be valid only for the specific design shown in the plans and exhibits submitted as part of the special exception application, as provided in Section 20 -7.52 of this Code. All deviations from the requirements of the Hometown District Overlay Ordinance incorporated within and reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and exhibits by the city commission shall constitute approval of the nonuse deviations identified on the site plan and exhibits unless the city commission approves a motion to the contrary. No further individual or separate application for deviations approved by the city commission shall be required. If the applicant wishes to make material changes to the design subsequent to receiving a special exception, the applicant must apply for a new special exception following the procedure set forth herein. (D) Special exceptions, if granted, shall be valid if development, as defined in Section 380.04, Florida Statutes, commences within twenty -four (24) months from the date of final approval and is substantially completed within five (5) years from the date of issuance of the Supp. No. 7 180 a HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.52 i first building permit. The time for substantial completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. (Ord. No. 19 -94 -1569, § 1, 11 -1 -94) 20 -7.52 Procedure for special exception. (A) Special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20 -7.52] may be granted only after a minimum of two (2) public hearings. The first public hearing shall be before the planning board, at which time the planning board shall review the project and provide to the city commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second public hearing shall be held before the city commission and shall be held no sooner than seven (7) calendar days following the planning board hearing. Public notice requirements, as specified in Section 20- 5.5(C) and (G), Applications requiring public hearings, shall be followed. (B) Requests for special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20 -7.521 shall be in a form acceptable to the city manager and shall include each exhibit required per Section 20- 7.3(B), Application for Development Permit, and per Section 20 -7.4, Site Plan Requirements. In addition, the city commission, at its discretion, may require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits. (C) The city manager shall have authority to require additional review and approval by the environmental review and preservation board for developments involving special exception, which review shall follow the procedure set forth in Section 20 -5.11 of this Code. (D) The city commission may grant a special exception upon four (4) affirmative votes of its members. (Ord. 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Dixie Highway Traffic Impact Study Prepared by: David Plummer & Associates, Inc. 1750 Ponce de Leon Boulevard Coral Gables, Florida 33134 November 2006 DPA Project #06253 5966 South Dixie Highway Traffic Impact Study TABLE OF CONTENTS Page Listof Exhibits ................................................................................................... .............................ii EXECUTIVESUMMARY ............................................... ............................... ............................iii 1.0 INTRODUCTION ..........................:.................................................... ..............................1 1.1 Project Background ................................................................... ..............................1 1.2 Study Objective ......................................................................... ..............................1 1.3 Study Area and Methodology ................................................... ..............................3 1.4 Project Site Information ............................................................ ..............................3 2.0 EXISTING TRAFFIC CONDITIONS 4 ............................................. ............................... 2.1 Roadway Characteristics .......................................................... 4 2.2 ............................... Traffic Counts ....................................:....................................... 2.3 ..............................4 Intersection Data 2.4 ........................................................................ ..............................6 Intersection LOS Analysis ....... .............................................. ..............................6 3.0 PLANNED AND PROGRAMMED ROADWAY IMPROVEMENTS ........................ 8 4.0 FUTURE TRAFFIC CONDITIONS ................................................ ............................... 9 4.1 Background Traffic And Committed Developments ............... ............................... 9 4.2 Future Without Project Intersection LOS Analysis ................... ..............................9 4.3 Project Trip Generation ............................................................ .............................11 4.4 Project Trip Assignment .......................................................... .............................12 4.5 Future With Project Intersection LOS Analysis ....................... .............................14 5.0 CONCLUSIONS ................................................................................. .............................16 Appendix A: Site Plan Appendix B: Data Collection Appendix C: Intersection Capacity Analysis Worksheets Page i LIST OF EXHIBITS Exhibit Page 1 Location Ma ......................... ............................... 2 2 Existing AM and PM Peak Hour Traffic Volumes ..................... ............................... 3 Existing Lane Configurations ........................ 4 Existing Intersection LOS Analysis ..................................................... ............................... 6 5 Future without Project AM and PM Peak Hour Traffic Volumes ........ .............................10 6 Future without Project Intersection LOS Analysis ............................... ..............................9 7 Project Trip Generation ................ ............................... .................11 ...... ............................... 8 Cardinal Distribution Project 9 Project Trip Assignment ....................................................................... .............................13 10 Future Intersection Capacity LOS with Project .................................... .............................14 11 Future AM and PM Peak Hour Traffic Volumes with Project ............. .............................15 Page ii 5966 South Dixie Highway Traffic Impact Study EXECUTIVE SUMMARY The proposed project will be located at 5966 South Dixie Highway in South Miami, Florida. The site is currently vacant. The proposed development plan consists of 38,000 square feet (sf) of office and 9,000 gross leasable sf of retail space. Project buildout is anticipated in 2008. This traffic study is consistent with the methodology previously discussed with and agreed to by the City of South Miami Planning Department. An assessment of the traffic impacts associated with the proposed project was performed in accordance with the requirements of the City of South Miami. Results of the future with project capacity analysis show that the intersections operate at acceptable levels of service during both the morning and afternoon peak hours. The analyzed segment also has sufficient capacity for future volumes. r� Page iii 5966 South Dixie Highway Traffic Impact Study 1.0 INTRODUCTION ' 1.1 Project Background i 1 0 The proposed project will be located at 5966 South Dixie Highway in South Miami, Florida. (See Exhibit 1). The site is currently vacant. The proposed development plan consists of 38,000 square ► feet (sf) of office and 9,000 gross leasable sf of retail space. Project buildout is anticipated in 2008. This traffic study is consistent with the methodology previously discussed with and agreed to by the City of South Miami Planning Department. I I 1.2 Study Objective 1 1 The purpose of the study is to provide a traffic study that meets the requirements of the City of 1 South Miami for the project. This study includes vehicular flow, trip generation, and intersection/segment analyses. 1 1 1 1 1 1 Page 1 U rKVJtt-1: ME! EXHIBIT No. 1000 5966.SOUTH DIXIE HIGHWAY LOCATION MAP TRAFFIC STUDY 1 1 i�71 5966 South Dixie Highway Traffic Impact Study 1.3 Study Area and Methodology The study methodology previously discussed with and approved by the City of South Miami is described as follows: • Capacity Anal. Capacity analysis was performed for the intersections of South Dixie Highway (US -1) / SW 73 Street and SW 73 Street / SW 59 Court, with segment analysis on SW 74 Street. • Background Traffic. Average Annual Daily Traffic (AADT) volumes, published by the Florida Department of Transportation (FDOT) were reviewed to determine the appropriate background growth applicable to this area. This growth rate was applied to existing traffic counts to establish future traffic conditions without project for the anticipated project buildout year. • Project Traffic. Trip generation for the project was estimated using trip generation information published by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7th edition. Net new external project traffic was assigned to the adjacent street network using the appropriate cardinal distribution from the Metro -Dade Long Range Transportation Plan Update, published by the Metropolitan Planning Organization. • Future Traffic Conditions. Project traffic was combined with projections of future traffic without project. Intersection capacity analyses were performed for this condition. 1.4 Project Site Information The proposed project will be a multi -story building with office and retail space. The garage will provide 198 parking spaces. Access to and from the project site will be accommodated on SW 59 Court and SW 74 Street, 52% of the parking spaces are accessible from SW 59. Court and the remaining 48% from SW 74 Street. The driveway on SW 59 Court will provide a more direct access from South Dixie Highway (US -1), which helps to minimize commercial traffic from using neighborhood streets. A copy of the site plan is provided in Appendix A. Page 3 5966 South Dixie Highway Traffic Impact Study 2.0 EXISTING CONDITIONS Data collection for this study included roadway characteristics, intersection counts, signal timing, and seasonal adjustment factors. The data collection effort is described in the following sections. 2.1 Roadway Characteristics South Dixie Highway (US-1) South Dixie Highway is a major arterial that provides access throughout Miami Dade County and falls under FDOT jurisdiction. South Dixie Highway is a two -way, six -lane, divided roadway with exclusive turn lanes at major intersections. On- street parking is prohibited. SW 74 Street SW 74 Street is local road that provides east/west access from just east of SW 57 Avenue to where it terminates just west of the project site; it falls under City of South Miami jurisdiction. SW 74 Street is two -way, two -lane. On- street metered parking is provided. SW 59 Court SW 59 Court is local road that provides a north/south connection from SW 73 Street to SW 74 Street; it falls under City of South Miami jurisdiction. SW 59 Court is two -way, two -lane. On- street metered parking is provided. 2.2 Traffic Counts Peak hour vehicle turning movement counts were collected for the study area. Additionally, the FDOT weekly volume adjustment factor for Miami -Dade County South corresponding to the date of the counts was used to adjust the raw traffic counts. The morning and afternoon peak period volumes are shown in Exhibit 2 and summarized in Appendix B. Page 4 �V%J%J .�%., I„ vine rnvnvvllT TRAFFIC STUDY I AM AND PM PEAK HOUR I 2 I TRAFFIC VOLUMES J Page 5 5966 South Dixie Highway Traffic Impact Study 2.3 Intersection Data Signal timing data was obtained from Miami -Dade County for the signalized intersection analyzed in this study. This information was used for the signal phasing and timing required for the intersection capacity analysis. A field survey was conducted to obtain the intersection lane configurations to be used in the intersection analysis configurations at the analyzed intersections. 2.4 LOS Analysis Exhibit 3 shows the existing lane The Highway Capacity Software (HCS), based on procedures of the 2000 Highway 'Capacity Manual, were used to perform intersection capacity analysis at the analyzed intersections. Segment analysis was conducted based on the Florida Department of Transportation Generalized LOS Tables. Exhibit 4 shows the resulting LOS for existing conditions for morning and afternoon peak conditions. Analysis worksheets and FDOT Generalized LOS Table are included in Appendix C. Exhibit 4 Existing Intersection and Segment LOS Analysis Weekday AM and PM Peak Hour Conditions Intersection /Segment Signalized/ Unsignalized Level of Service AM PM South Dixie Highway (US -1) / SW 73 Street S B C SW 73 Street / SW 59 Court' U A/B A/B SW 74 Street2 Segment C C a+vv avA 1 Jv11 11A JIVl JUGVL 4ppludul. 2Based on FDOT Generalized LOS Tables, 2002. Source: David Plummer & Associates Page 6 m rKUmu: TITLE: EXHIBIT No. 5966 SOUTH DIXIE HIGHWAY EXISTING 0 1 TRAFFIC STUDY L ON ANE CONFIGURATI 3 . Page 7 5966 South Dixie Highway Traffic Impact Study 3.0 PLANNED AND PROGRAMMED ROADWAY IMPROVEMENTS The 2006 Miami -Dade County Transportation Improvement Program (TIP) and the 2030 Metro - Dade Transportation Plan Long Range Element, were reviewed to identify any programmed or planned projects within the limits of the study area established. These documents show no officially programmed or planned capacity improvement projects within the study area prior to completion of the proposed project. Page 8 5966 South Dixie Highway Traffic Impact Study 4.0 FUTURE TRAFFIC CONDITIONS 4.1 _Background Traffic and Committed Developments Average Daily Traffic counts published by the Miami -Dade Public Works Department and the FDOT were reviewed to determine historic growth in the area. This analysis indicated that traffic has fluctuated in the past years. A conservative 1.0% annual growth rate was used for this study. Per the City of South Miami, there are currently no planned projects proposed within the study area. Therefore, only the growth rate was be applied to establish future without project volumes. 4.2 Future Without Project Intersection LOS Analysis Future without project condition was obtained by establishing background traffic. Exhibit 5 shows the projected turning movements for future without project traffic. Exhibit 6 shows the resulting LOS for morning and afternoon peak conditions for future without project. Capacity worksheets are included in Appendix C. Exhibit 6 Future Without Project Intersection and Segment LOS Analysis Weekday AM and PM Peak Hour Conditions Intersection /Segment Signalized/ Unsignalized Level of Service_ AM PM South Dixie Highway (US -1) / SW 73 Street S I C . C SW 73 Street / SW 59 Court A/B A/B SW 74 Street2 Segment C C ..,l u"wun,mu, NUM appruzwn. Source: Uavid Plummer & Associates 2Based on FDOT Generalized LOS Tables, 2002 =a . Page 9 PROJECr: Tnu, Cc FUTURE W/O PROJECT EXHIBIT No. 0 5966 SOUTH DIXIE HIGHWAY AM AND PM PEAK HOUR TRAFFIC STUDY PH TRAFFIC VOLUMES Page 5966 South Dixie Highway Traffic Impact Study 4.3 Project Trip Generation Trip generation for the proposed project and the existing use was estimated using the Institute of Transportation Engineers (ITE) Trip Generation manual, Seventh Edition. This manual provides gross trip generation rates and/or equations by land use type. These rates and equations estimate vehicle trip ends at a free - standing site's driveways. The proposed development plan incorporates retail and office land uses, which can satisfy the retail needs for some employees and visitors without making a trip off -site. An internalization matrix was developed to establish the appropriate number of internal project trips. The Trip Generation Handbook, published by ITE in March 2001, the handbook includes data on pass -by trips. Pass -by trips are those trips that are attracted from the traffic passing the site on an adjacent street. Since the pass -by trips are already on the street system, the total trip generation from a site has to be adjusted to estimate the new external traffic actually added to the street system. Adjustments for internal and pass -by trips were taken when determining the proposed trips. The project trip generation summary is provided in Exhibit 7. Exhibit 7 Project Trip Generation Proposed Land Use Number of Units AM Peak PM Peak In Out Total In Out Total Retail (Land Use 814) 9,000 GLSF 0 0 0 11 14 25 Office (Land Use 710) 38,000 GSF 76 10 86 21 101 122 Subtotal 76 10 86 32 115 147 Pass -by Trips 34% 0 0 0 -4 -5 -9 Net New Project Trips 76 10 86 28 110 138 I ne insuuIIe or I ransponatlon Engineers (ITE) Trip Generation manual, Seventh Edition 2 Trip Generation Handbook, published by ITE in March 2001. 5966 South Dixie Highway Traffic Impact Study 4.4 Project Trip Assignment Project traffic was distributed and assigned to the study area using the Cardinal Distribution for TAZ 1103 shown in Exhibit 8. The Cardinal Distribution gives a generalized distribution of trips from a TAZ to other parts of Miami -Dade County. For estimating trip distribution for the project traffic, consideration was given to conditions such as the roadway network accessed by the project traffic, roadways available to travel in the desired direction, and attractiveness of traveling on a specific roadway. Project trip assignment for the proposed project is shown in Exhibit 9. Exhibit 8 Cardinal Distribution (TAZ 1103) Direction TAZ 1103 NNE 23.09% ENE 10.32% ESE 1.34% SSE 0.67% SSW 14.46% WSW 22.01% WNW 11.44% NNW 16.67% TOTAL 100.00% Source: Miami Urban Area Transportation Study Page 12 PROJECT: TITLE: EXHIBIT No. LpQ 5966 SOUTH DIXIE HIGHWAY PROJECT TRIP TRAFFIC STUDY ASSIGNMENT Page 13 5966 South Dixie Highway Traffic Impact Study 4.5 Future With Project Intersection LOS Analysis Traffic projections for the project and forecasted background volumes were combined to obtain future traffic with project at the analyzed intersections. Exhibit 10 shows the resulting LOS for the morning and afternoon peak conditions for future with project. Capacity worksheets are included in Appendix C. Exhibit 11 shows the projected turning movement volumes. Exhibit 10 Future With Project Intersection and Segment LOS Analysis Weekday AM and PM Peak Hour Conditions Intersection/Segment Signalized/ Unsignalized Level of Service AM PM South Dixie Highway (US -1) / SW 73 Street S C C SW 73 Street / SW 59 Court A/B AB SW 74 Street Segment C C J-w tur maiunmmor street approacn. Source: David Plummer & Associates 213ased on FDOT Generalized LOS Tables, 2002 Page 14 m � PROTECT: 5966 SOUTH DIXIE HIGHWAY 1 TRAFFIC STUDY „Tff: FUTURE WITH PROJECT AM AND PM PEAK HOUR TRAFFIC VOLUMES EXHIBIT No. 11 Page SW 72 ST (SUNSET DRIVE) �1 J� N.T.S. �O � ^tip 76 (118) mOM 15 (2) 164 (251) 213 (378) �- 19 (11) SW 73 ST (1) 11 (121)109 -�—r co ti W) v PROJECT DWYS c (17) 2 -� v (28) 3 v M J L 8 (3) ., -- 97 (175) SW 74 ST (7) 19 F, (93) 73 —► V j Q ui rn Ln N LEGEND XX -AM PEAK VOL c P D 4 (XX) - PM PEAK VOL m � PROTECT: 5966 SOUTH DIXIE HIGHWAY 1 TRAFFIC STUDY „Tff: FUTURE WITH PROJECT AM AND PM PEAK HOUR TRAFFIC VOLUMES EXHIBIT No. 11 Page P 5966 South Dixie Highway f Traffic Impact Study 5.0 CONCLUSIONS An assessment of the traffic impacts associated with the proposed project was performed in accordance with the requirements of the City of South Miami. The City of South Miami has established a South Miami Hometown District Regulating Plan which designates the placement of driveways. The proposed driveway on SW 59 Court will provide a more direct access from South Dixie Highway (US -1), which helps to minimize commercial traffic from using neighborhood streets. The intersection capacity analysis was performed at the intersections under study using vehicular volumes and the Highway Capacity Software (HCS), based on the procedures of the 2000 Highway Capacity Manual. Results of the future intersection analysis show that the intersections operate at acceptable levels of service during both the morning and afternoon peak hours. The analyzed segment has sufficient capacity for future volumes. Page 16 Appendix A Site Plan S.W. 59th PL M 70M RAN 1' f 1. 11' - �01 S.W. T Appendix B Data Collection Traffic Volumes .Signal Timings Imp N X r D _I CO C/) J O M N Cl) Q C) C) 0) c0 n to N M 00 O Z M p� M O r N r _ O C`M M N cq O r r r r r O � c t0 o IT J N N E O CD to O O CA IQ's M O O N O � c H d 3 0 Nt+1N1cd�Nr j rNN O I� 1 m N L 00000 000 W 3 f. p E N to co CO co 47 d' 00 Y r 4i 4) d n' r+ d G! Z Q y r N N N N M� et J O ? ?j U) d V f� N 0 0 0 0 0 0 0 0 Q 3 p Q U Z N Z (/) oo000 000 U)� M � p 1— t= O Z Zc m > >o w 0 00000000 Ov �Q F p U V V Yr LL ' ZLL 00000 000 W J O W W ~ G i J J W C) M N O LO M O Q J Q O N M V LO to V to V to V � O IR CA co 6 O J Z� O O O O O 0 0 0 0 Q O p Z �o = OO Nr00i LO C aI IT LO C�7N �'Q 0 I- OOi N Cl) 7. 'V' t1� O N H r O t Au Y o ch T. U r v CO 0 0 h CO r Q W J iu l0 r wa Cl) LL X�rn cn a 0 ❑ CD co N n O- O Q j LO LO LO r ` CGO CO (A W CO tt) tin E CO O ' CV T C N N V: C* V O Z m N co ' to M N 0 r M N M 0 Ix to �NF- = t°n M rnMOOr- w O N r LO nol- CO Q) f- O �.. CD � m Co 00 N CO to CO CO CO Z N N U CU a ci H E 0 0 0 0 0 000 J p 0 a R i o Z N p L- U) v i g y +• y Q Q Q Q Q Q Q Q Q O LO w ooh a�M�o.M�a a o a o a 0 o 0 0 0 0 0 0 o w> o N LU P 7 Q Q Q Q Q Q CL o ? � Q Z o Y o Cl) 0 0 0 0 0 0 0 0 0 co o a Z Imp N X r D _I CO C/) r' �l J 1a' O 00 NCO hCO 00 O rr H Mto r M rr0 M iT v 00OV O n C'M M r Ic" M to of to r N t` t?1 eT r 0 r M M M M� Cp CO r r r O M r N r i I 1 I 1 ' t` 00 O co 0) CO n 0 i N r M r N CM N CO O IT CM N V CD 00 OD � r M N 01 O W r r N r N N N M v V LO N to M r N OOrNr cf) V cl 0 0 0 r N N r O O O O O O O O 0 O r N O r N 0 N co CO CO Co V' CO 00 O r O r N CV M 0 O r N 0 0 0 0 r Li N CO v LO M N co h < Q Q < Q < Q < Q < Q < Q �00000000 co Go Go co Im o to o to o coda to o to ~�daa�da Z r;r 0 0 � 0 r� 0 co 0 co 0 oti 0 cu 0 X U rn 0 U) —I co M I` > co X U) D i U) CO n U) ° Q n 0 Co .- to In do Z Q In rr � T I°'n to Vi t Cli co Cl_ M 0 � O L' o CS 0 ch N N �� tpiNN- aoco Go� In M coM M Q CO O� N ° N N N N r0 N N C�7 CO 0 m H N 00 000 000 j �- O d �!' LO LO M 0 In V M N r Y 7 ►�+ i *' Q: c N H Q I LM N o N O z 0Z z (/) or 00000 000 �O = 2 0 p Z Z m Z D(O.) OOOOOO 000 W F. p V VU F- LL U. Z O O O O O O O O W< J O H CW G > _J W n 0 n n 0 M N— O Q Q N n � nCb00N`N°Nc°om M a 0 � CO Zz z 0 o000000o p�Q 0 o Z 0 O o O cD In In PIN n cv Z Q N � co nrn�wrn.nNC°0om O �- N °' o =N N M t Y `o IM T 'V n O1 n O) It M In V a W J M N U LU IL a U- CD J (A �' ' Cl) N�°w�°m a Q °) � 6 LO In Co LO to LO to to O C\j N p �+ ~ W CO Ci ° Z N m~ O R M n M n M M N M M v M n N n M M O n N � LO cc N N W� T CM' CMO 0 � 0 ~ tt w �. In Co In to In U) Z N Y cc z cc 0.. d w £ 0 0 0 0 0 0 0 0 J O O Z = i 0 N u - t d d d d IL 0. d a 0. d o In p 0� Q r I°), v o r In v p J V 00 CL -1 00000 000 W> o ¢ N �W D mEi a H a o. o_ o_ a a o. o_ F' �.. a = 0 -PLO 0 0 0 0 0 0 o a Z X U) D i U) CO n U) X U rn M n J Q tf) Qi (O GD I� O r C J Z Q N o Or M M M M er M C H O 0 o t0 � N N M p Q F. p co V O) O N I,- ao ao rn rn rn rn O ° C 3 D Z N r O N r r 0 0 O N m H 1� � tp C O CD r O N r O n O a LU a a a a J�� (� OD OD OD O O O 0 0 0 0 0 0 d a a a a a a a a F- M v 0 v 0 v 0 v 0 vi 0 E Y d vi 0 vi 0 G1 Z d . NN.Od'rrr� L J n X03 a`cio M M M a N C ) o gz o M O N N �}' O N y 0 [CN4 z Z Z co �' M N O 00 CO Ov N ~ O N tt M M N M vv V Z r O r N 0 0 0 r LL W J r w W ~ J 2 i J r r o 0 o r r so "' o O �a Z p Z Z r r o 0 0 0 o r Dz ~ OO�r = _Z ci Z c O �m �- 0 0 0 0 0 0 0 0 �Q 0 p Go off OU) w ° (n M p 0 0 0 0 o r r o Y Q a o' J N U- _ V M W V U- x y CO) c d E r+ Q M O 'n f- � co CO co a J CN Ln 3 fA N O O N N Y fn co C1 ttl V1 H m y N Z z d C6 d7 N � M Cl) J N H 0 z LL a o OU 0 Q ° a N 0.0 aJ0 L o LL a 1- a = o Z o 0 o w a o Z X U rn M n 1� � tp C a a a a a a a a J�� 0 0 0 0 0 0 0 0 a a a a a a a a F- v 0 v 0 v 0 v 0 vi 0 iii 0 vi 0 vi 0 X U rn M n BEGIN TIME EASTBOUND 1st 1/4 2nd 1/4 3rd 1/4 4th 1/4 TOTAL t2:0oAM 3 4 2 6 14 01:o0AM 1 2 1 1 5 02:00 AM 4 1 3 3 10 03:00 AM 2 2 1 1 5 04:00 AM 1 2 1 1 3 05:00 AM 2 1 1 2 5 06:00 AM 1 1 6 6 24 07:00 AM 14 13 20 18 45 08:00 AM 21 19 14 16 84 09:00 AM 21 28 24 23 V58 10:00 AM 16 21 14 17 83 11:00 AM 13 15 16 15 100 12:00 PM 21 13 18 20 71 Ot00PM 16 18 12 18 63 02:00 PM 18 18 18 13 66 03:00 PM 15 21 19 18 72 04:00 PM 20 i 6 20 14 141 05:00 PM 14 16 16 13 167 06:00 PM 19 12 15 10 127 07:00 PM 11 12 10 10 V42 08:00 PM 12 13 9 10 58 09:00 PM 9 11 4 5 54 10:00 PM 5 7 3 5 20 t 1:00 PM 3 5 6 8 22 24 -HOUR 11 To ALIJ 1,013 BEGIN TIME WESTBOUND 11st 1/4 2nd 1/4 3rd 1/4 4th 1/41 TOTAL 12:00 AM 6 4 6 3 19 01:00 AM 6 5 2 4 16 02:00 AM 3 3 1 2 8 03:00 AM 5 1 3 2 10 04:00 AM 2 2 4 3 10 05:00 AM 2 1 1 .7 9 06:00 AM 5 3 7 10 24 07:00 AM 8 13 8 16 45 08:00 AM 25 28 14 18 84 09:00 AM LO 22 16 15 72 10:00 AM 16 22 22 25 83 11:00 AM 25 26 23 27 100 12:00 PM 27 36 31 33 127 01:00 PM 36 29 31 30 125 02:00 PM 36 33 38 27 133 03:00 PM 28 26 27 28 109 04:00 PM 39 32 33 38 141 05:00 PM 44 43 41 40 167 06:00 PM 37 35 31 25 127 07:00 PM 27 24 14 20 85 08:00 PM 14 16 16 13 58 09:00 PM 14 15 13 13 54 10:00 PM 7 14 11 11 42 11 :00 PM 12 7 8 8 34 24 -HOUR TOTAL 1,677 DAVID PLUMMER & ASSOCIATES, INC. 24 -HOUR COUNTS Project Name: 5966 South Dixie Highway Project No.: Location: SW 74 Street West of SW 59 Court Count Date: Observer: Traffic Survey Specialists, Inc. BEGIN TIME EASTBOUND Volume: 1st 1/4 2nd 1/4 3rd 1/4 4th 774 TOTAL 12:00 AM 3 3 2 5 13 01:00 AM 1 1 0 2 4 02:00 AM 3 0 0 4 7 03:00 AM 4 1 1 1 7 04:00 AM 0 3 0 0 3 05:00 AM 1 0 0 2 3 06:00 AM 0 2 6 8 16 07:00 AM 11 14 17 16 58 08:00 AM 18 17 13 12 60 09:00 AM 24 27 35 25 111 10:00 AM 16 22 13 16 67 11:00 AM 11 20 18 15 64 12:00 PM 24 17 21 14 76 01:00 PM 23 21 15 16 75 02:00 PM 14 9 17 19 59 03:00 PM 16 20 13 20 69 04:00 PM 26 21 25 13 85 05:00 PM 17 17 15 13 62 06:00 PM 18 13 13 18 62 07:00 PM 14 14 10 14 52 08:00 PM 17 12 10 8 47 09:00 PM 9 14 2 7 '32 10:00 PM 3 6 2 4 15 11:00 PM 3 4 4 11 22 1124-HOUR TOTAL 1,069 BEGIN TIME I WESTBOUND Volume: I 1st 1/4 2nd 1/4 3rd 1/4 4th 1/4 TOTAL 12:00 AM 9 7 6 3 25 01:00 AM 9 7 2 6 24 02:00 AM 1 4 1 2 8 03:00 AM 7 1 1 3 12 04:00 AM 4 2 2 3 11 05:00 AM 2 0 1 4 7 06:00 AM 3 3 4 8 18 07:00 AM 12 12 7 19 50 08:00 AM 32 25 19 18 94 09:00 AM 25 22 16 16 79 10:00 AM 17 21 18 33 89 11:00 AM 24 26 32 24 1 106 12:00 PM 30 41 36 32 139 01:00 PM 41 36 33 36 146 02:00 PM 47 35 45 29 156 03:00 PM 33 19 25 29 106 04:00 PM 45 22 33 43 143 05:00 PM 41 25 1 44 42 152 06:00 PM 39 42 26 26 133 07:00 PM 33 24 18 23 98 08:00 PM 11 15 16 17 59 09:00 PM 13 13 13 7 If 46 10:00 PM 7 9 14 12 42 11:00 PM 10 9 6 6 31 24 -HOUR TOTALI 1,774 DAILY TRAFFIC COUNT SUMMARY EASTBOUND AM Peak Hour: Time: 09:00 AM Volume: 111 PM Peak Hour: Time: 03:45 PM Volume: 92 06253 11/15/06 AM Peak Hour: Time: 11:45 AM Volume: 131 PM Peak Hour: Time: 05:30 PM Volume: 167 EASTBOUND AND WESTBOUND AM Peak Hour: Time: 11:45 AM Volume: 208 K- factor: 7.3% PHF: 0.90 D- factor: 63.0% WB PM Peak Hour: Time: 04:00 PM Volume: 228 K- factor: 8.0% PHF: 0.80 D- factor: 62.7% WB SW 74 St W of SW 59 Ct (111506).xls BEGIN EASTBOUND TIME 1st 1/4 2nd 1/4 3rd 1/4 4th 1/41 TOTAL 12:00 AM 3 5 2 4 14 01:00 AM 1 2 2 0 5 02:00 AM 4 1 5 2 12 03:00 AM 0 2 0 0 2 04:00 AM 1 0 1 1 3 05:00 AM 2 1 1 2 06:00 AM 06:00 AM 2 0 5 3 07:00 AM 16 11 23 19 08:00 AM 24 20 14 19 g67 09:00 AM 18 29 13 21 10:00 AM 16 19 15 17 11:00 AM 14 9 14 14 51 12:00 PM 18 8 15 25 66 01:00 PM 8 14 9 19 50 02:00 PM 21 26 19 7 73 03:00 PM 13 21 25 15 74 04:00 PM 13 11 15 14 05:00 PM 05:00 PM 11 15 16 13 06:00 PM 20 11 16 2 R49 07:00 PM 7 9 9 6 08:00 PM 08:00 PM 7 14 8 11 09:00 PM 09:00 PM 9 7 5 2 23 10:00 PM 7 8 4 6 25 11:00 PM 3 6 7 5 21 24 -HOUR TOTAL 24 -HOUR TOTAL 957 BEGIN TIME WESTBOUND 1st 1/4 2nd 1/4 3rd 1/4 4th 1/4 TOTAL 12:00 AM 3 1 6 3 13 01:00 AM 2 2 1 2 7 02:00 AM 5 1 1 1 8 03:00 AM 2 1 4 0 7 04:00 AM 0 1 5 2 8 05:00 AM 1 1 0 9 11 06:00 AM 7 2 10 11 30 07:00 AM 4 13 9 13 39 08:00 AM 18 30 9 17 74 09:00 AM 15 22 15 13 65 10:00 AM 14 22 25 16 77 11:00 AM 25 26 1 14 29 94 12:00 PM 24 30 26 34 114 01:00 PM 31 22 28 23 104 02:00 PM 25 30 31 24 110 03:00 PM 23 33 29 26 111 04:00 PM 32 41 33 33 139 05:00 PM 47 60 37 37 181 06:00 PM 35 28 '35 23 121 07:00 PM 21 23 10 17 71 08:00 PM 16 17 15 8 56 09:00 PM 14 16 12 19 61 10:00 PM 6 18 8 10 42 11:00 PM 14 4 10 9 37 24 -HOUR TOTAL 1,580 Signal Timings PATTERN SCHEDULE FOR 4804 US 1 & SW 73 ST FOR DAY # 4 (SECTION 1) TIME PT OFF ACG G Y R WG Y R CL Y R S Y M CYC MIN: 1 12 5 0 22. 48 18 39 4 1 12 4 2 0 0 0 3 80MID NITE 130 9`' 60 18 30 4 1 12 4 2 5 3 1 80LATE NIT 530 10 50 18 30 4 1 12 4 ", 2 5 3 1 80PRE AM A 625.17; .,37"18 97 : ;4 ".: 1 15 . 4 2 5 ;.."3 • 1 =. 8 "- 15QAM.;PEATC 930 20 37 18 87 4 1 15 4 2 5 3 1 140AM PEAK 1000 12 91 18 67 4 1 15 4 2 5 3 1 120POST AM 1535 -3.:..:''. 811, , ";4' 11 . "18 , 4 ',2 , 5. 3: 1 140,PM" PEAK 1830 14 36 18 84 4 1 18 4 2 5 3 1 140PM PEAK 1900 1 9 18 70 4 1 12 4 2 5 3 1 120POST PM 2000 2 52 18 50 4 1 12 4 2 5 3 1 100EARLY EV 2200 7 52 18 40 4 1 12 4 2 5 3 1 90MID EVE 2300 13 60 18 29 4 1 13 4 2 5 3 1 80EARLY NI Appendix C Intersection Capacity Analysis Worksheets F1, 19 5966 South Dixie Highway Project Traffic Study - AM Assignment Intersection analysis.xls EXISTING FUTURE Proposed Net New Project Trips FUTURE INTERSECTION MOVEMENT W/O WITH AM PROJECT PROJECT In Out Total PEAK HR 76 10 86 NBL 0 0 0.000 0.000 0 0 NBT 2559 2610 0.000 0.000 0 2610 NBR 96 98 0.300 0.000 23 121 SBL 35 36 0.150 0.000 11 47 SBT 1915 1953 0.000 0.000 0 1953 South Dixie SBR 0 0 0.000 0.000 0 0 Highway (US -1) I EBL 0 0 0.000 0.000 0 0 SW 73 Street EBT 0 0 0.000 0.000 0 0 EBR 0 0 0.000 0.000 0 0 WBL 160 163 0.000 0.050 1 164 WBT 0 0 0.000 0.000 0 0 WBR 74 75 0.000 1 0.050 1 1 76 TOTAL 4839 4936 0.450 1 0.100 1 35 4971 NBL 15 15 0.000 0.100 1 16 NBT 1 1 0.000 0.000 0 1 NBR 7 7 0.000 0.050 1 8 SBL 3 3 0.000 0.000 0 3 SBT 0 0 0.000 0.000 0 0 SW 73 Street / SBR 6 6 0.000 0.000 0 6 SW 69 Court EBL 11 11 0.000 0.000 0 11 EBT 107 109 0.000 0.000 0 109 EBR 20 20 0.450 0.000 34 55 WBL 7 7 0.150 0;000 11 19 WBT 209 213 0.000 0.000 0 213 WBR 15 15 0.000 1 0.000 1 0 15 TOTAL .401 409 0.600 1 0.150 1 47 456 NBL 0 0 0.050 0.000 4 4 NBT 23 23 0.000 0.000 0 23 NBR 0 0 0.000 0.000 0 0 SBL 0 0 0.000 0.000 0 0 SBT 27 28 0.000 0.000 0 28 SW 59 Court/ SBR 0 0 0.600 0.000 45 45 Driveway EBL 0 0 0.000 0.150 2 2 EBT 0 0 0.000 0.000 0 0 EBR 0 0 0.000 0.250 3 3 WBL 0 0 0.000 0.000 0 0 WBT 0 0 0.000 0.000 0 0 WBR 0 0 0.000 0.000 0 0 TOTAL 50 51 0.650 0.400 52 103 NBL 0 0 0.000 0.000 0 0 " NBT 0 0 0.000 0.000 0 0 NBR 0 0 0.000 0.000 0 0 SBL 0 0 0.000 0.200 2 2 SBT 0 0 0.000 0.000 0 0 SW 74 Street I SBR 0 0 0.000 0.400 4 4 Driveway EBL 0 0 0.250 0.000 19 19 EBT 69 70 0.000 0.000 0 70 EBR 0 0 0.000 0.000 0 0 WBL 0 0 0.000 0.000 0 0 WBT 84 86 0.000 0.000 0 86 WBR 0. 0 0.100 0.000 8 8 TOTAL 153 156 0.350 0.600 1 33 189 EB 69 70 0.000 0.300 3 73 SW 74 Street WB 84 86 0.150 0.000 11 97 TOTAL 153 156 0.150 0.300 14 170 Intersection analysis.xls PM 5966 South Dixie Highway Project Traffic Study - PM Assignment Intersection anaysis.xls . EXISTING FUTURE Proposed Net New Project Trips FUTURE INTERSECTION MOVEMENT W/O WITH PM PROJECT PROJECT In Out Total PEAK HR 28 110 138 NBL 0 0 0.000 0.000 0 0 NBT 2152 2195 0.000 0.000 0 2195 NBR 127 130 0.300, 0.000 8 138 SBL 28 29 0.150 0.000 4 33 SBT 3247 3312 0.000 0.000 0 3312 South Dixie SBR 0 0 0.000 0.000 0 0 Highway (US -1) / SW 73 Street EBL 0 0 0.000 0.000 0 0 EBT 0 0 0.000 0.000 0 0 EBR 0 0 0.000 0.000 0 0 WBL 241 246 0.000 0.050 6 251 WBT 0 0 0.000 0.000 0 0 WBR 110 112 1 0.000 1 0.050 1 6 118 TOTAL 5905 6024 0.450 0.100 24 6047 NBL 20 20 0.000 0.100 11 31 NBT 0 0 0.000 0.000 0 0 NBR 13 13 0.000 0.050 6 19 SBL 2 2 0.000 0.000 0 2 SBT 0 0 0.000 0.000 0 0 SW 73 Street I SBR 1 1 0.000 0.000 0 1 SW 59 Court EBL 1 1 0.000 0.000 0 1 EBT 119 121 0.000 0.000 0 121 EBR 17 17 0.450 0.000 13 30 WBL 7 7 0.150 0.000 4 11 WBT 371 378 0.000 0.000 0 378 WBR 1 2 1 2 0.000 0.000 0 2 TOTAL 1 .553 1 564 0.600 0.150 33 597 NBL 0 0 0.050 0.000 1 1 NBT 33 34 0.000 0.000 0 34 NBR 0 0 0.000 0.000 0 0 SBL 0 0 0.000 0.000 0 0 SBT 24 24 0.000 0.000 0 24 SW 59 Court / SBR 0 0 0.600 0.000 17 17 Driveway EBL 0 0 0.000 0.150 17 17 EBT 0 0 0.000 0.000 0 0 EBR 0 0 0.000 0.250 28 28 WBL 0 0 0.000 0.000 0 0 WBT 0 0 0.000 0.000 0 0 WBR 0 0 0.000 0.000 0 0 TOTAL 57 58 0.650 0.400 62 120 NBL 0 0 0.000 0.000 0 0 NBT 0 0 0.000 0.000 0 0 NBR 0 0 0.000 0.000 0 0 SBL 0 0 0.000 0.200 22 22 SBT 0 0 0.000 0.000 0 0 SW 74 Street / SBR 0 0 0.000 0.400 43 43 Driveway EBL 0 0 0.250 0.000 7 7 EBT 59 60 0.000 0.000 0 60 EBR 0 0 0.000 0.000 0 0 WBL 0 0 0.000 0.000 0 0 WBT 167 170 0.000 0.000 0 170 WBR 0 0 1 0.100 0.000 3 3 TOTAL 226 231 0.350 0.600 75 1 305 SW 74 Street EB 59 60 0.000 0.300 1 93 WB 167 170 0.150 0.000 4 175 TOTAL 226 231 0.150 0.300 37 1 268 Intersection anaysis.xls . �i TABLE 4 - 4 GENERALIZED PEAK HOUR TWO -WAY VOLUMES FOR FLORIDA'S URBANIZED AREAS* UNINTERRUPTED FLOW HIGHWAYS Class II (2.00 to 4.50 signalized intersections per mile) Level of Service FREEWAYS Lanes Divided A B C D E 2 Undivided . 180 620 1,210 1,720 2,370 4 Divided 1,940 3,140 4,540 5,870 6,670 6 Divided 2,900 4,700 6,800 8,810 10,010 STATE TWO -WAY ARTERIALS 3,830 Class I ( >0.00 to 1.99 signalized intersections per mile) 8 Divided ** 800 5,060 Level of Service 6,360 Lanes Divided A B C D E 2 Undivided '* 400 1,310 1,560 1,610 4 Divided 460 2,780 3,300 3,390 * ** 6 Divided 700 4,240 4,950 5,080 * ** 8 Divided 890 5,510 6,280 6,440 * ** Class II (2.00 to 4.50 signalized intersections per mile) Class III (more than 4.5 signalized intersections per mile and not within primary city central business district of an urbanized area over 750,000) Level of Service FREEWAYS Lanes Divided A B C D E 2 Undivided ** 180 1,070 1,460 1,550 4 Divided ** 390 2,470 3,110 3,270 6 Divided ** 620 3,830 4,680 4,920 8 Divided ** 800 5,060 6,060 6,360 Class III (more than 4.5 signalized intersections per mile and not within primary city central business district of an urbanized area over 750,000) Interchange spacing < 2 mi. apart Level of Service FREEWAYS Lanes A Interchange spacing > 2 mi. apart D E 4 2,050 3,350 Level of Service 6,250 Lanes A B C D E 4 2,310 3,840 5,350 6,510 7,240 6 3,580 5,930 8,270 10,050 11,180 8 4,840 8,020 11,180 13,600 15,130 10 6,110 10,110 14,110 17,160 19,050 12 7,360 12,200 17,020 20,710 23,000 Interchange spacing < 2 mi. apart BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometrics at 40 mph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two -way maximum service volumes.) Level of Service BUS MODE (Scheduled Fixed Route) Lanes A B C D E 4 2,050 3,350 4,840 6,250 7,110 6 3,240 5,250 7,600 9,840 11,180 8 4,420 7,160 10,360 13,420 15,240 10 5,600 9,070 13,130 16,980 19,310 12 6,780 10,980 15,890 20,560 23,360 BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometrics at 40 mph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two -way maximum service volumes.) NON -STATE ROADWAYS BUS MODE (Scheduled Fixed Route) Paved Shoulder Level of Service Level of Service Bicycle Lane Level of Service Lanes Divided A B C D E Coverage A B C D E 2 Undivided ** ** 500 1,200 1,470 0-49% ** ** 310 1,310 >1,310 4 Divided * * * * 1,180 2,750 3,120 50 -84% * * 240 390 >390 6 Divided ** ** 1,850 4,240 4,690 85 -100% 300 680 >680 * ** * ** 8 Divided ** ** 2,450 5,580 6,060 DIVIDED/UNDIVIDED (signalized intersection analysis) PEDESTRIAN MODE Class IV (more than 4.5 signalized intersections per mile and within (Note: Level of service for the pedestrian mode in this table is based on roadway primary city central business district of an urbanized area geometrics at 40 mph posted speed and traffic conditions, not number of pedestrians over 750,000) E 2 Divided Yes +5% 2 Undivided ** ** 450 using the facility.) (Multiply motorized vehicle volumes shown below by number 1,200 2 Undivided No -20% Level of Service 2,070 of directional roadway lanes to determine two-way maximum service volumes.) Lanes Divided A B C D E Level of Service 2 Undivided ** ** 490 1,310 1,420 Sidewalk Coverage A B C D E 4 Divided ** ** 1,170 2,880 3,010 0 -49% ** ** ** 600 1,480 6 Divided ** ** 1,810 4,350 4,520 50 -84% ** ** ** 940 1,800 8 Divided ** ** 2,460 5,690 5,910 85 -100% ** 210 1,080 >1,080 * ** NON -STATE ROADWAYS BUS MODE (Scheduled Fixed Route) Major City/County Roadways (Buses per hour) Level of Service (Note: Buses per hour shown are only for the peak hour in the single direction of higher traffic flow.) Lanes Divided A B C D E Level of Service 2 Undivided ** ** 870 1,390 1,480 Sidewalk Coverage A B C D E 4 Divided ** ** 2,030 2,950 3,120 0 -84% ** >5 >4 >3 >2 6 Divided ** ** 3,170 4,450 4,690 85 -100% >6 >4 >3 >2 >1 ARTERIAL/NON -STATE ROADWAY ADJUSTMENTS Other Signalized Roadways DIVIDED/UNDIVIDED (signalized intersection analysis) (alter corresponding volume by the indicated percent) Level of Service Lanes Median Left Turns Lanes Adjustment Factors Lanes Divided A B C D E 2 Divided Yes +5% 2 Undivided ** ** 450 950 1,200 2 Undivided No -20% 4 Divided ** ** 1,050 2,070 2,400 Multi Undivided Yes -5% Source: Florida Department of Transportation 02/22/02 Multi Undivided No -25% Systems Planning Office 605 Suwannee Street, MS 19 ONE -WAY FACILITIES Tallahassee, FL 32399 -0450 Decrease corresponding two- directional volumes in this table by 40% to http: / /wwwl l.myflorida.com/planning /systems /sm/los /default.htm obtain the equivalent one directional volume for one -wav facilities. *This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exisL Values shown are hourly two-way volumes for levels of service and are for the a utomobile/truck modes unless specifically stated. Level of service letter grade thresholds are probably not comparable across modes and, therefore, cross modal comparisons should be made with caution. Furthermore, combining levels of service of different modes into one overall roadway level of service is not recommended. To convert to annual average daily traffic volumes, these volumes must be divided by an appropriate K factor. The table's input value defaults and level of service criteria appear on the following page. Calculations are based on planning applications of the Highway Capacity Manual, Bicycle LOS Model, Pedestrian LOS Model and Transit Capacity and Quality of Service Manuel, respectively for the automobile/truck, bicycle, pedestrian and bus modes. • *Cannot be achieved using table input value defaults. *• *Not applicable for that level of service letter grade. For automobile/truck modes, volumes greater than level of service D become F because intersection capacities have been reached. For bicycle and pedestrian modes, the level of service letter grade (including F) is not achievable. because there is no maximum vehicle volume threshold using table input value defaults. 91 rn � Existing Conditions HCS +: Signalized Intersections Release 5.2 Analyst: DPA Inter.: SW 73 St / US -1 Agency: Area Type: All other areas Date Jurisd: South Miami, F1 Period: Existing AM Peak Hour Year Project ID: 5966 South Dixie Highway - #06253 j E/W St: SW 73 Street N/S St: US -1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R ( L T R No. Lanes 0 0 0 1 0 0 0 3 0 1 3 0 LGConfig L LR Volume 160 74 2559 96 135 1915 Lane Width 1 '12.0 12.0 0 1 12.0 0 112.0 12.0 1 RTOR Vol Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left NB Left Thru Thru A �j Right Right A Peds Peds WB Left A SB Left A A Thru I Thru A A Right A Right Peds Peds NB Right EB Right SB Right WB Right Green 15.0 115.0 5.0 Yellow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 Cycle Length: 150.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound Westbound L 177 1770 1.15 0.10 180.2 F LR 158 1583 0.59 0.10 70.6 E 145.5 F '' Northbound P' P�TR 3869 5047 0.91 0.77 17.6 B 17.6 B Southbound P,L 168 1770 0.23 0.83 49.6 D 'I' 4228 5074 0.51 0.83 3.7 A 4.5 A P. Intersection Delay = 19.2 (sec /veh) Intersection LOS = B P vvo -Way Stop Control Page 1 of 1 1 TWO -WAY STOP CONTROL SUMMARY beneral Information Site Information "analyst DPA I enc /Co. mate Performed final sis Time Period Existing AM Peak Hour Year F/ j ro'ect Description 5966 South Dixie Highway - #06253 ast/West Street: SW 73 Street North /South Street: SW 59 Court intersection Orientation: East -West [Study Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound 0ovement 1 2 3 4 5 6 L T R L T R Volume veh/h) 11 107 20 7 209 15 eak -Hour Factor, PHF 0.73 0.73 0.73 0.79 0.79 0.79 ,lourly Flow Rate, HFR �veh /h 15 146 27 8 264 18 J'ercent Heavy Vehicles 2 -- -- 2 -- J.1edian Type RT Channelized 0 Undivided 0 Lanes 0 1 0 0 2 0 Fonfiguration LTR LT TR 1,' stream Signal 0 0 Minor Street Northbound Southbound i ovement 7 8 9 10 11 12 ' L T R L T R Volume veh /h 15 1 7 3 0 6 °eak -Hour Factor, PHF ourly Flow Rate, HFR Iieh /h) 0.72 20 0.72 1 0.72 9 0.56 5 0.56 0 0.56 10 Vercent Heavy Vehicles 2 2 2 2 2 2 Percent Grade ( %) dared Approach 0 N 0 N Storage 0 0 PT Channelized 0 0 banes 0 1 0 0 1 0 Configuration LTR LTR elay, Queue Length, and Level of Service 11"pproach Eastbound Westbound Northbound Southbound I'lovement 1 4 7 8 9 10 11 12 1.;ane Configuration LTR LT LTR LTR � (veh /h) 15 8 30 15 C (m) (veh /h) 1277 1401 634 671 `l c Fj5% queue length 0.01 0.04 0.01 0.02 0.05 - 0.15 0.02 0.07 roontrol Delay (s /veh) 7.9 7.6 11.0 10.5 J'OS A A B B Approach Delay (s /veh) -- -- 11.0 10.5 Approach LOS -- -- B B rr•a••• v avvo Wnrvci *ny vi rivmd, rw rvgnw rce5erveo - HGS + " "• Version 5.2 ueneratea: 11/zi/zuub 11:11 AN J,.le://C:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59AC.tmp 11/21/2006 HCS+: Signalized Intersections Release 5.2 Analyst: DPA Inter.: SW 73 St I US-1 Agency: Area Type: All other areas Date: Jurisd: South Miami, Fl Period: Existing PM Peak Hour. Year Project ID: 5966 South Dixie Highway #06253 E/W St: SW 73 Street NIS St: US-1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 0 0 0 1 0 0 0 3 0 1 3 0 LGConfig L LR TR L T Volume 1241 110 2152 127 128 3247 Lane Width i 112.0 12.0 12.0 112.0 12.0 RTOR Vol 1 0 0 Duration 0.25 Area Type: All other areas -Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left NB Left Thru Thru A Right I Right A Peds Peds WB Left A SB Left A A Thru Thru A A Right A Right Peds Peds NB Right f EB Right SB Right WIB Right Green 18.0 102.0 5.0 Yellow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 Cycle Length: 140.0 Intersection Performance Summary Appr/ Lane, Adj Sat Ratios Lane Group Approach Lane Group Flow Rate 1.36 0.13 Grp Capacity (s) VIC g/C Delay Los Delay LOS 0.69 0.13 67.9 E 190.7 F Eastbound Westbound L 228 1770 1.36 0.13 246.8 F LR 204 1583 0.69 0.13 67.9 E 190.7 F Northbound TR 3666 5032 0.70 0.73 11.1 B 11.1 B Southbound P,L 179 1770 0.18 0.80 21.7 C T 4059 5074 0.92 0.80 14.6 B 14.6 B Intersection Delay = 25.0 (sec/veh) Intersection LOS = C secs �Wo -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY s'eneral Information Site Information Venal st DPA Intersection enc /Co pate Performed ast/West Street: SW 73 Street ntersection Orientation: East -West Vehicle Volumes and Adjustments 5urisdiction Analysis Year 'nal sis Time Period Existing PM Peak Hour ITo'ect Description 5966 South Dixie Highway - #06253 5 ast/West Street: SW 73 Street ntersection Orientation: East -West Vehicle Volumes and Adjustments North /South Street: Study Period hrs : SW 59 0.25 kla'or Street Eastbound 371 2 1ovement 1 2 3 4 lolume veh/h) L 1 T 119 R 17 L 7 keak -Hour Factor, PHF 0.77 0.77 0.77 2 0.94 dourly Flow Rate, HFR veh /h 1 154 22 TR 0 7 aercent Heavy Vehicles 2 — -- 11 2 ,ledian Type 12 T Undivided _ R T Channelized -anes 0 1 0 0 0.75 0 :configuration LTR 1 2 LT O± stream Signal 0 N M11inor Street ovement 7 Northbound 8 9 10 - L T R 0 L Volume veh/h) 20 0 13 2 leak -Hour Factor, PHF dourly Flow Rate, HFR kveh /h 0.75 26 0.75 0 0.75 17 12 0.75 2 Wercent Heavy Vehicles 2 2 2 3 2 ercent Grade ( %) 466 0 0.01 Jlared Approach N 12.8 Storage 0 B 12.8 �T Channelized B p anes 0 1 0 0 ` onfiguration LTR vela Queue Len th and Level of Service Approach Eastbound Westbound Northbound )9ovement 1 4 7 8 9 )lane Configuration LTR LT LTR (veh /h) 1 7 43 C (m) (veh /h) 11 lc 1159 0.00 1398 0.01 640 0.07 ,50% queue length 0.00 0.02 0.22 control Delay (s /veh) 8.1 7.6 11.0 OS A A B Approach Delay (s /veh) -- -- 11.0 Approach LOS -- — B :opyright © 2005 Universitv of Florida. All Riahts Reserved 73 St / S W 59 Ct Westbound 5 6 T R 371 2 0.94 0.94 394 2 0 2 0 TR 0 Southbound 11 _ 12 T _ R 0 1 0.75 0.75 0 1 2 j 2 N 0 0 1 0 LTR Southbound 10 11 12 LTR 3 466 0.01 0.02 12.8 B 12.8 B r_e., —t.d• 44r»»nna 44.4-3 eni ile://C:\ Documents% 20and% 20Settings \SoniaS \Local%20Settings \Temp \u2k59AF.tmp 11/21/2006 I I L� 1 1; IF Future without Project Conditions HCS +: Signalized Intersections Release 5.2 I Analyst: DPA Inter.: SW 73 St / US -1 Agency: Area Type: All other areas Date Jurisd: South Miami, F1 Period: Fut wo Proj AM Peak Hour Year Project ID: 5966 South Dixie Highway - #06253 E/W St: SW 73 Street N/S St: US -1 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 0 0 0 0 3 0 1 3 0 1 0 0 LGConfig L LR TR L T Volume 1163 75 2610 98 136 1953 Lane Width 112.0 12.0 12.0 112.0 12.0 RTOR Vol h I 0 i 0 1 � Duration 0.25 Area Type: All other areas Signal Operations Is Phase Combination 1 2 3 4 5 6 7 '., EB Left NB Left Thru Thru A Right Right A Peds Peds WB Left A ( SB Left A A Thru Thru A A Right A Right Peds i g Peds NB Right EB Right h SB Right WB Right Gre 8 en 15.0 115.0 5.0 �r Yellow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 -Cycle Length: 150.0 secs Intersection Performance Summary hAppr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate r Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound Westbound L 177 'LR 1770 1.16 0.10 186.1 F 158 1583 0.60 0.10 70.9 E 149.8 F Northbound TR 3869 5047 0.93 0.77 19.4 B 19.4 B Southbound k L 168 1770 0.24 0.83 53.8 D T 4228 5074 0.52 0.83 3.8 A 4.7 A Intersection Delay = 20.4 (sec /veh) Intersection LOS = C ;wo -Way Stop Control Page 1 of 1 " , opyright © 2005 University of Florida, All Rights Reserved Ill HCS +rM Version 5.2 file ://C :\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59B2.tmp Generated: 11/21/2006 11:13 AN 11/21/2006 TWO -WAY STOP CONTROL SUMMARY i'eneral Information Site Information +nal st DPA enc /C [Date Performed l -nal sis Time Period Fut wo Pro' AM Peak Hour i ro'ect Description 5966 South Dixie Highway - #06253 Intersection Jurisdiction Analysis Year SW 73 St / SW 59 Ct South Miami, Fi c ast/West Street: SW 73 Street ntersection Orientation: East -West North /South Street: IStudy Period hrs : SW 59 Court 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 kolume veh/h) L 11 T 109 R 20 L 7 T 213 R 15 j ^eak -Hour Factor, PHF 0.73 0.73 0.73 0.79 0.79 0.79 H eh /h Flow Rate, HFR 15 149 27 8 269 18 i'ercent Heavy Vehicles 2 -- -- 2 -- ledian Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 2 0 Configuration LTR LT TR ja stream Signal 1 0 0 'Minor Street i ovement 7 Northbound 8 9 10 Southbound 11 12 L T R L T R jIolume veh/h) 15 1 7 3 0 6 peak -Hour Factor, PHF ourly Flow Rate, HFR 1!/eh /h 0.72 20 0.72 1 0.72 9 0.56 5 0.56 0 0.56 10 ercent Heavy Vehicles 2 2 2 2 2 2 Percent Grade ( %) �"Iared Approach 0 N 0 N III Storage 0 0 I'T Channelized 0 0 '�.anes 0 1 0 0 1 0 iConfiguration 0 elay, Queue Length, and Level of Service LTR LTR <�pproach Eastbound Westbound Northbound Southbound Novement 1 4 7 8 9 10 11 12 ane Configuration LTR LT LTR LTR (veh /h) 15 8 30 15 C (m) (veh /h) 1272 1398 630 665 vlc 0.01 0.01 0.05 0.02 =l5% queue length 0.04 0.02 0.15 0.07 ontrol Delay (s /veh) 7.9 7.6 11.0 10.5 OS A A B B 4pproach Delay (s /veh) -- -- 11.0 10.5 Approach LOS -- -- B B " , opyright © 2005 University of Florida, All Rights Reserved Ill HCS +rM Version 5.2 file ://C :\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59B2.tmp Generated: 11/21/2006 11:13 AN 11/21/2006 HCS +: Signalized Intersections Release 5.2 Analyst: DPA Inter.: SW 73 St / US -1 Agency: Area Type: All other areas Date: Jurisd: South Miami, Fl Period: Fut wo Proj PM Peak Hour Year Project ID: 5966 South Dixie Highway - #06253 E/W St: SW 73 Street N/S St: US -1 I` SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R I L T R No. Lanes 0 0 0 1 0 0 0 3 0 1 3 0 LGConfig I L LR P Volume 1246 112 2195 130 129 3312 Lane Width 112.0 12.0 1 12.0 112.0 12.0 RTOR Vol I 0 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left NB Left Thru Thru A ' Right Right A Peds Peds WB Left A SB Left A A Thru Thru A A Right A I Right Peds Peds NB Right EB Right SB Right WB Right Green 18.0 102.0 5.0 Yellow 4.0 4.0 3.0 All Red 2.0 1.0 1.0 Westbound Cycle Length: 140.0 secs Intersection Performance Summary_ 1770 Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate 0.71 0.13 Grp Capacity (s) v/c g/C Delay LOS Delay LOS ' Eastbound Westbound L 228 1770 1.38 0.13 257.7 F LR 204 1583 0.71 0.13 69.1 E 198.5 F Northbound 1 TR 3666 5032 0.71 0.73 11.4 B 11.4 B Southbound L 179 1770 0.18 0.80 22.9 C T 4059 5074 0.94 0.80 16.3 B 16.4 B Intersection Delay = 26.6 (sec /veh) Intersection LOS = C wo -Way Stop Control Page 1 of 1 opyright © 2005 University of Florida, All Rights Reserved HCS +rM Version 5.2 le : / /C:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59B5.tmp Generated: 11/21/2006 11:13 AN 11/21/2006 TWO -WAY STOP CONTROL SUMMARY ,eneral Information Site Information ,nal st DPA enc /Co. late Performed ,nal sis Time Period Fut wo Pro' PM Peak Hour ro'ect Description 5966 South Dixie Highway - #06253 Intersection Jurisdiction Analysis Year SW 73 St /SW 59 Ct South Miami, FI ast/West Street: SW 73 Street North /South Street: SW 59 Court tersection Orientation: East-West IStudy Period hrs : 0.25 ehicle Volumes and Adjustments la'or Street Eastbound Westbound lovement 1 2 3 4 5 6 L T R L T R olume veh/h) 1 121 17 7 378 2 eak -Hour Factor, PHF 0.77 0.77 0.77 0.94 0.94 0.94 ourly Flow Rate, HFR ,eh/h) 1 157 22 7 402 2 ercent Heavy Vehicles 2 -- 2 -- -- ledian Type Undivided T Channelized 0 0 anes 0 1 0 0 2 0 ,onfiguration LTR LT TR stream Signal 0 1 0 linor Street Northbound Southbound lovement 7 8 9 10 11 12 L T R L T R 'olume veh/h) 20 0 13 2 0 1 leak -Hour Factor, PHF 0.75 0.75 0.75 0.75 0.75 0.75 lourly Flow Rate, HFR /eh /h) 26 0 17 2 0 1 'ercent Heavy Vehicles 2 2 2 2 1 2 2 'ercent Grade N 0 0 fared Approach N N Storage 0 0 ;T Channelized 0 0 anes 0 1 0 0 1 0 :onfiguration I TR LTR Way, Queue Length, and Level of Service approach Eastbound Westbound Northbound Southbound !lovement 1 4 7 8 9 10 11 12 ane Configuration LTR LT LTR LTR (veh /h) 1 7 43 3 (m) (veh /h) 1151 1394 634 459 'lc 0.00 0.01 0.07 0.01 15% queue length 0.00 0.02 0.22 0.02 ;ontrol Delay (s /veh) 8.1 7.6 11.1 12.9 OS A A B B kpproach Delay (s /veh) — -- 11.1 12.9 kpproach LOS — -- B B opyright © 2005 University of Florida, All Rights Reserved HCS +rM Version 5.2 le : / /C:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59B5.tmp Generated: 11/21/2006 11:13 AN 11/21/2006 Future with Project Conditions fi HCS +: Signalized Intersections Release 5.2 0 ;;, M Analyst: DPA Inter.: SW 73 St / US -1 1' Agency: Area Type: All other areas Date: Jurisd: South Miami, Fl Period: Fut w Proj AM Peak Hour Year I% Project ID: 5966 South Dixie Highway - #06253 E E/W St: SW 73 Street N/S St: US -1 �o SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R I L T R Lanes 1 0 0 0 1 1 0 0 1 0 1 0 LGConf ig L LR TR I L T �'•' Volume 164 76 2610 121 147 1953 Lane Width 112.0 12.0 1 12.0 112.0 12.0 1 RTOR 1 0 0 Duration 0.25 Area Type: All other areas Signal Operations_ Phase Combination 1 2 3 4 5 6 7 8 EB Left NB Left Thru Thru A Right Right A Peds Peds WB Left A I SB Left A A �. Thru Thru A A r' t A Right Peds I Peds NB Right EB Right 01" SB Right WB Right ,Green 15.0 115.0 5.0 ,'Yellow 4.0 4.0 3.0 Or All Red 2.0 1.0 1.0 Cycle Length: 150.0 secs 9-„ Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach ' Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound Westbound L 177 1770 1.18 0.10 190.2 F LR 158 1583 0.61 0.10 71.3 E 152.6 F Northbound TR 3864 5040 0.94 0.77 20.4 C 20.4 C Southbound .L 168 1770 0.32 0.83 57.9 E T 4228 5074 0.52 0.83 3.8 A 5.1 A ;. Intersection Delay = 21.3 (sec /veh) Intersection LOS = C 0 ;;, M iwo -Way Stop Control Page 1 of 1 lopyright © 2005 University of Florida, All Rights Reserved HCS +rM Version 5.2 I le: HC:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59B 8.tmp Generated: 11/21/2006 11:14 AN 11/21/2006 TWO -WAY STOP CONTROL SUMMARY 'general Information Site Information 0—,nal st DPA �A, enc /Co. Nate Performed !,nal sis Time Period ut w Pro' AM Peak Hour i`ro'ect Description 5966 South Dixie Highway - #06253 Intersection Jurisdiction Analysis Year SW 73 St / SW 59 Ct South Miami, Fl ,ast/West Street: SW 73 Street ` ntersection Orientation: East -West North /South Street: SW 59 Court IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Ga'or Street Eastbound Westbound Movement 1 2 3 4 5 6 Volume veh /h L 11 T 109 R 55 L 19 T 213 R 15 feak -Hour Factor, PHF 0.73 0.73 0.73 0.79 0.79 0.79 4ourly Flow Rate, HFR !reh /h 15 149 75 24 269 18 percent Heavy Vehicles 2 -- — 2 Vedian Type Undivided RT Channelized I'anes 0 1 0 0 0 2 0 0 ,onfiguration LTR LT TR 1 stream Signal 1 0 1 1 0 Minor Street ovement F 7 L Northbound 8 T 9 R 10 L Southbound 11 T 12 R Volume veh/h) 16 1 8 3 0 6 �,eak -Hour Factor, PHF 0.72 0.72 0.72 0.56 0.56 0.56 Nourly Flow Rate, HFR ),,eh/h) 22 1 11 5 0 10 �ercent Heavy Vehicles 2 2 2 2 2 2 i'ercent Grade ( %) �1ared Approach 0 N 0 N Storage 0 0 k,T Channelized 0 0 kanes 0 1 0 0 1 0 configuration 10"elay, LTR LTR Queue Length, and Level of Service f,pproach Eastbound Westbound Northbound Southbound Wtovement 1 4 7 8 9 10 11 12 We Configuration LTR LT LTR LTR (veh /h) 15 24 34 15 (m) (veh /h) I c 1272 0.01 1342 0.02 584 0.06 630 0.02 !.,5% queue length 0.04 0.05 0.18 0.07 V'ontrol Delay (s /veh) 7.9 7.7 11.5 1 10.9 SOS A A g g pproach Delay (s /veh) -- -- 11.5 10.9 Wpproach LOS -- -_ g g lopyright © 2005 University of Florida, All Rights Reserved HCS +rM Version 5.2 I le: HC:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59B 8.tmp Generated: 11/21/2006 11:14 AN 11/21/2006 ' HCS +: Signalized Intersections Release 5.2 Adj Sat Ratios Lane Group Approach Analyst: DPA Flow Rate Inter.: SW 73 St / US -1 k" Agency: Area Type: All other areas Date: g/C Jurisd: South Miami, Fl Period: Fut wo Proj PM Peak Hour Year ,-.Project ID: 5966 South Dixie Highway - #06253 E/W St: SW 73 Street N/S St: US -1 ' SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Westbound ( Northbound Southbound L T R L T R L T R L T R 204 1583 0.74 0.13 72.2 E 207.2 F 0' No. Lanes 0 0 0 1 0 0 0 3 0 ( 1 3 0 LGConf ig L LR ( TR I L T Volume 11.5 B 11.5 B 1251 118 2195 138 133 3312 Lane Width Southbound 112.0 12.0 12.0 112.0 12.0 RTOR Vol ;L 179 1770 I 0 I 0 `I' 4059 5074 0.94 0.80 Duration 0.25 Area Type: All other areas = 27.5. (sec /veh) Intersection LOS = C Signal Operations O'Phase Combination 1 2 3 4 _ 5 6 7 8 ,, EB Left I NB Left Thru Thru A Right Right A Peds t Peds WB Left A I SB Left A A �. Thru Thru A A Right A I Right Peds Peds NB Right EB Right SB Right WB Right Green 18.0 102.0 5.0 Yellow 4.0 4.0 3.0 ,,All Red 2.0 1.0 1.0 Cycle Length: 140.0 01 Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound 0- Westbound L 228 O'LR 1770 1.41 0.13 270.5 F 204 1583 0.74 0.13 72.2 E 207.2 F 0' Northbound .,TR 3664 5029 0.72 0.73 11.5 B 11.5 B �' Southbound ;L 179 1770 0.21 0.80 24.6 C `I' 4059 5074 0.94 0.80 16.3 B 16.4 B . Intersection Delay = 27.5. (sec /veh) Intersection LOS = C i secs ►,vo -Way Stop Control Page 1 of 1 opyright 0 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 i le ://C:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59CC.tmp Generated: 11/21/2006 11:29 AN 11/21/2006 TWO -WAY STOP CONTROL SUMMARY jeneral Information Site Information final st DPA enc /Co, (Date Performed me Period 5966 South Dixie Highway - #06253 Intersection Jurisdiction Analysis Year SW 73 St / SW 59 C South Miami, Fl jast/West Street: SW 73 Street ntersection Orientation: East -West North /South Street: IStudy Period hrs : SW 59 Court 0.25 ✓ehicle Volumes and Adjustments lfa'or Street Eastbound Westbound Movement 1 2 3 4 5 6 �olume veh/h) L 1 T 121 R 30 L 11 T 378 R 2 leak -Hour Factor, PHF 0.77 0.77 0.77 0.94 0.94 0.94 dourly Flow Rate, HFR veh /h 1 157 38 11 402 2 Percent Heavy Vehicles 2 — -- 2 -- — oledian Type Undivided RT Channelized .anes 0 1 0 0 0 2 0 0 > onfiguration LTR LT TR V stream Signal 0 1 1 0 Minor Street Northbound Southbound Jlovement 7 8 9 10 11 12 L T R L T R Volume veh/h) 31 0 19 2 0 1 �eak -Hour Factor, PHF 0.75 0.75 0.75 0.75 0.75 0.75 riourly Flow Rate, HFR Ireh /h 41 0 25 2 0 1 �ercent Heavy Vehicles 2 2 2 2 2 2 dercent Grade ( %) 0 0 ared Approach N N Storage 0 0 PT Channelized 0 0 `anes 0 1 0 0 1 0 �onfi uration LTR LTR vellay, Queue Length, and Level of Service :approach Eastbound Westbound Northbound Southbound 0.9ovement 1 4 7 8 9 10 11 12 0. ane Configuration LTR LT LTR LTR (veh /h) 1 11 66 3 (m) (veh /h) 1151 1375 616 442 dlc 0.00 0.01 0.11 0.01 p5% queue length 0.00 0.02 0.36 0.02 Control Delay (s /veh) 8.1 7.6 11.5 13.2 OS A A B B pproach Delay (s /veh) -- -- 11.5 13.2 Oproach LOS -- -- B B opyright 0 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 i le ://C:\ Documents %20and %20Settings \SoniaS \Local %20Settings \Temp \u2k59CC.tmp Generated: 11/21/2006 11:29 AN 11/21/2006 Rkso 1 RESOLUTION NO.: 2 3 4 A RESOLUTION OF THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, 6 FLORIDA, RELATING TO THE SOUTH MIAMI -DADE 7 WATERSHED STUDY AND PLAN; EXPRESSING STRONG 8 CONCERNS WITH THE CONCLUSIONS OF THE 9 WATERSHED PLAN AND SPECIFICALLY THE PORTION 10 OF THE PLAN THAT APPEARS TO IMPOSE HIGH 11 DENSITY MULTI - FAMILY ZONING WITHIN A LINE 12 DRAWN FOR `ZONE A AND ZONE B' THAT EXTENDS % 13 MILE FROM THE US 1 AND OTHER CORRIDORS; 14 URGING THE COUNTY COMMISSION TO MODIFY THAT 15 PORTION OF THE PLAN AND TO CLEARLY STATE IN 16 THE WATERSHED PLAN THAT THERE SHALL BE NO 17 IMPOSITION OR OVERLAY OF HIGH DENSITY ZONING 18 IN SINGLE FAMILY AREAS; SEEKING SUPPORT FROM 19 ALL AFFECTED COMMUNITIES; PROVIDING AN 20 EFFECTIVE DATE. 21 22 WHEREAS, The South Miami -Dade Watershed Study and Plan 23 ( "Watershed Plan ") has recently promulgated a Draft Final Progress Report; and, 24 25 WHEREAS, this Report appears to propose the imposition of two major 26 high density land use zones, a Zone A and a Zone B, along the US 1 and other 27 corridors; and, 28 WHEREAS, the imposition of these zones, at a distance of %2 mile along the US 29 1 corridor, would devastate existing single family neighborhoods; and, 30 31 WHEREAS, the imposition of this zoning on municipalities is contrary to and 32 does not recognize the rights and responsibility of municipalities for local zoning 33 regulation; and, 34 35 WHEREAS, the City was never presented with the report or any information 36 relating to the proposed Watershed Plan; and, 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 39 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS 40 FOLLOWS: 41 42 Section 1. The above whereas clauses are incorporated by reference. Additions shown by underlining and deletions shown by everstfiking. 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 Section 2. The City Commission expresses strong concerns with the conclusions of the South Miami -Dade Watershed Study and Plan, specifically with the portion of the Watershed Study that appears to impose high density multi - family zoning within a line drawn for `Zone A and Zone B' that extends 1/2 mile from US 1 and other corridors; Section 3. The City Commission urges the Miami -Dade County Commission to modify that portion of the plan and to clearly state in the Watershed Plan that there shall be no imposition of high density zoning in single family areas. Section 4. This resolution shall take effect immediately upon approval. PASSED and ADOPTED this day of December, 2006. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney Page 2 of 4 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: South Miami bftdAFAaftCly CITY OF SOUTH MIAMI I ®� �092�0� OFFICE OF THE CITY MANAGER R INTER - OFFICE MEMORANDUM4" 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun Assistant City Manager Date: December 19, 2006 Agenda Item No.: V Subject: Authorizing the City Manager to execute franchise agreement with Atlantic Broadband, L.L.C. Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR, A FIVE YEAR RENEWAL TERM, WITH A AUTOMATIC RENEWAL TERM FOR AN ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR STANDARDS OF INSURANCE; PROTOCOL ` FOR PROVIDING SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE Request: To approve agreement with Atlantic Broadband, L.L.C. Reason /Need: On February 3, 2004, the City approved the transfer of cable television franchise from Charter Communications, L.L.C. to Atlantic Broadband (Miami), and L.L.C. via ordinance number. -Q1 -04 -1808. The transferred franchise agreement expired July 30, 2005. Cost: N/A Backup Documentation: Ll Proposed Ordinance 2 3 4 5 6 8 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, RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A FIVE YEAR RENEWAL TERM, WITH A AUTOMATIC RENEWAL TERM FOR AN ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami previously granted a cable television franchise pursuant to a cable television franchise agreement to Charter Communications, L.L.C. ( "Franchisee "); and, WHEREAS, Atlantic Broadband (Miami), L.L.C. ( "Atlantic "), and the Franchisee entered into an Asset Purchase Agreement, dated September 2, 2003 (the "asset purchase agreement "), pursuant to which the franchise was assigned to Atlantic; and, WHEREAS, on February 3, 2004 the city via ordinance no. 01 -04 -1808, approved the transfer of the franchise to Atlantic for transfer of control of cable television franchise; and, WHEREAS, the transferred franchise expired on July 30, 2005; and, WHEREAS, the parties in due diligence have negotiated certain terms, including certain funding to the City for improvements of the audio - visual equipment for the city hall chambers; and, WHEREAS, Atlantic is seeking to renew the cable franchise with the city for a (ten) 10 year, and an automatic 5 year extension period; and, WHEREAS, the Mayor and City Commission desire to approve the renewal subject to acceptance of the terms and conditions set forth in the attached franchise agreement, having determined that such consent is consistent with federal, state, and municipal law and in the best interest of the city. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The city approves the renewal of the franchise for Atlantic Broadband, L.L.C., as provided for in the franchise agreement, which is attached and incorporated by reference as exhibit 1 to this ordinance. Atlantic shall be responsible for any obligations and liabilities under the franchise after such closing date. Additions shown by underlining and deletions shown by eeslcxxg 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 Section 2. Additionally, Atlantic has agreed to pay $20,000 for upgrade or update of communications equipment within the city hall chambers. Section 3. The city confirms that (a) the franchise is valid and outstanding and in full force and effect; . (b) to the best of the city's knowledge, the Franchisee is materially in compliance with the provisions of the existing franchise; and (c) to the best of the city's knowledge, there are no defaults under the existing franchise, or events which, with the giving of notice or passage of time or both, could constitute events of default thereunder. Section 4. The city manager of the City of South Miami _is authorized to enter into, execute and deliver in the name and on behalf of the City of South Miami a certificate, along with such other documents as may be necessary evidencing the franchise without further act of this governing body. This franchise shall be for a ten (10) year period, with an automatic 5 year extension, as provided for in the attached franchise agreement. Section 5. 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 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 7. Section 8. ATTEST: CITY CLERK This ordinance shall be codified and included in the code of ordinances. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this _ day of January, 2007. READ AND APPROVED AS TO FORM Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney APPROVED: MAYOR 1St Reading — 2" d Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: .Additions shown by underlining and deletions shown by ever-stfikixg ORDINANCE NO. 01-04-1808 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;" CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO ATLANTIC BROADBAND, L.L.C.; PROVIDING FOR - SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami have granted a cable television franchise pursuant to a cable television franchise agreement to Charter Communications, L.L.C. ( "Franchisee "); and, WHEREAS, Atlantic Broadband (Miami), L.L.C. ( "Atlantic "), and the Franchisee entered into an Asset Purchase Agreement, dated September 3, 2003 (the "asset purchase agreement "), pursuant to which the franchise will be assigned to Atlantic; and, WHEREAS, the Franchisee, as Transferor- Assignor, and Atlantic, as Transferee- Assignee, submitted an application for transfer of control of cable television franchise (FCC Form 394) on September 22, 2003, to the city requesting consent to the assignment of the franchise as a result of the asset purchase agreement; and, WHEREAS, the Mayor and City Commission desire to consent to the assignment, subject to acceptance of the terms and conditions set forth herein, having determined that such consent is consistent with the terms of the Franchise and in the best interest of the city. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The city consents to the assignment of the franchise from Charter Communications, L.L.C. to Atlantic Broadband, L.L.C., effective as of the closing date pursuant to the asset purchase agreement. Atlantic shall be responsible for any obligations and liabilities under the franchise after such closing date. Section 2. The city confirms that (a) the franchise is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the franchise, except as set forth herein; (c) to the best of the city's, knowledge, the Franchisee is materially in compliance with the provisions of the franchise; and (d) to the best of the city's knowledge, there are no defaults under the franchise, or events which, with the giving of notice or passage of time or both, could constitute events of default thereunder. Additions shown by underlinin and deletions shown by evefstflg. .Page 2 of Ord. No. 01 -04 -1808 Section 3. The clerk of the City of South Miami is authorized to enter into, execute and deliver in the name and on behalf of the City of South Miami a certificate, along with such other documents as may be necessary evidencing the ordinance without further act of this governing body, provided, however, Atlantic within three months of approval of this ordinance, enters into negotiations to renew the franchise, which is to expire on July 30, 2005. 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, the 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 repealed. Section 6. This ordinance shall be codified and included in the code of ordinances. Section 7. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this 3rdday of February , 2004. ATTEST: APPROVED: ITY CLERK MAYOR 1 St Reading —1 0(4 2nd Reading— 2/3/04 COMMISSION VOTE: 5 -0 READ AND APPROVED AS TO FORM Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Wiscombe: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner McCrea: Yea J:\My Documents\ resolutions \Ordinance transferring Charter to Atlantic02.03.04.doe Additions shown by underlinintr and deletions shown by eveang. > Q J a x: w x' w: x; i i i ! i i 1 i i 4 I I �i •� "C� ..yn "� •I i+ ra y y .W •y O ~ 'b ° Q1 .:2 .Q p Z,M CZ "cd Uauw�q� yd3wC °NdWM °y b q U foil 04 x. y. y a w �y }Q.A1• y o° �s7 �b db 3 � gg wy . o agi s°. o OD O d d q G R7 040 F7 c0 O vii N U .� �U+ ; • � �mIm m mOW r �Y E �n'p °� E.S Om Oc7{j� LSm a r" � N -Y.vZ� � a m�,r ��m• � �5�` Mal m Ngcz° gV 0 �me9 W c Eon c R`�m¢ _ m m �cN'o v� o iCU =vas V E'�Mm m �pC7vVZ .� IMI a y J o =rod° v¢H jV a $ _ x co Vo2.0 p�¢ J a a m p E EQI 'aa E m xxisW z a O, a e ZE {J_ ro.;d A c s 020 s g f r o a 'i ' b ® Yom _ " O g zLLOZ �� S d W coF - E, W p v m -s 13 U 11 g "2 0 v R EE m Q� I•_ 013'00 Oy =Va. 5 o S ��grEl 10i m °y O Z W C CU WLL�,?LL.,Z �j ' :c .'S mo oc$. 1 ® a 1.11 =LL'�p .•c., p�. 6°W.g Jp rn •'omc�m ®®�5 Eg w III 4J2 o E �i ISVy ~GF= `e� SIR s� Sm 0 QCL:9 AWZ�vW�i � � �mm9o� Qc�m�¢ FF Zv1U toi Ru. 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F� Oc..1,MLLE�'o� x� OO'00 +� W Y. c� occP L C ZED 0 r, v, G Y. 1- .� N W cn 5 ¢ a o m IL • C� SS w y ° Ci"Mfi V�y.V'�yi e�oUIO .o V W 0,.Sa' Q tpON to e 1� 'b U• y R+ }y;Q.2 A a p 0 co F ^�1 � � O C V g�o°o ryp� VU -Y1N�� 904 0 A A. �w �q Atlantic Broadband (Miami) LLC Cable Franchise Agreement With City of South Miami, Florida .. N Cable Franchise Agreement THIS CABLE FRANCHISE AGREEMENT ( "Agreement") is entered into on this day of 2005, by the City of South Miami ( "Issuing Authority ") and Atlantic Broadband (Miami) LLC, a Delaware corporation with its principal place of business at 1 Batterymarch Park, Quincy, MA 02169 ( "Franchisee "). WHEREAS, the City of South Miami as the "Issuing Authority," pursuant to Section 621 of the Cable Communications Policy Act of 1984 as now in effect ( "Federal Cable Act "), is authorized to grant one or more nonexclusive franchises to construct, operate and maintain a cable television system within the municipal boundaries of the Issuing Authority (the "Service Area ") and may not unreasonably refuse to award an additional competitive faanchiee; and, WHEREAS, the Issuing Authority has analyzed fully and considered the technical ability, financial condition and legal qualifications of Franchisee; and, WHEREAS, the Issuing Authority, after such consideration, analysis and deliberation as are required by applicable law, has approved and found sufficient the technical, financial and legal qualifications of Franchisee (Atlantic Broadband (Miami), LLC.) to provide cable television service within the Service Area. NOW THEREFORE, in consideration of the foregoing and mutual promises, covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Grant of Franchise a. Grant and Term. The Issuing Authority grants to Franchisee for the term ( "Term ") of ten (10) years commencing on the Effective Date (as defined below) the nonexclusive right and franchise ( "Franchise ") to construct, use, operate, own and maintain a cable system (as defined in the Federal Cable Act) ( "Cable System ") subject to all applicable local, state and federal laws and regulations. For purposes of this Agreement, the term "Effective Date" means the date that is 30 (thirty) working days after the approval of this Agreement by the Issuing Authority. In the event that the Franchisee provides written notice of its intent to renew the Agreement within 180 days of the expiration hereunder, then the Issuing Authority may hold a public hearing and seek comment on the performance of the Franchisee. The Issuing Authority may consider the public comment and upon the determination that the Franchisee has achieved substantial compliance with the material terms of the Agreement, (per city ordinance section 8 -9) shall renew the Agreement for one additional five (5) year period. b. Easements and Rights -of -Way. Without reducing its police powers to adopt and enforce ordinances of general applicability necessary to the health, safety and welfare of the public, the Issuing Authority grants Franchisee authority to use the Issuing Authority's streets, sidewalks, easements and rights -of -way for the purposes of this Agreement, and the Franchise shall be construed to authorize the construction of a Cable System over such rights -of- way and through compatible -use easements in accordance with Section 621(a)(2) of the Federal Page 1 of 21 x. Cable Act, and to grant access to such easements at the time of this Agreement and only for the duration of the Agreement. The parties acknowledge and agree that the purpose of the Franchise is to authorize Franchisee to construct, maintain and operate a Cable System and offer cable service in, along, among, upon, across, above, over or under the public rights -of -way within the Issuing Authority's legal boundaries as they may now exist, or as they may be extended through annexation, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any public right -of -way or bridges such poles, wires, cables, conductors, ducts, conduits, manholes, amplifiers, attachments and Equipment (as defined below) as may be necessary for the operation of the Cable System. Franchisee shall install equipment and restore all public rights of way at its own cost and provide the city a hold harmless agreement in accordance with section 9 of this Agreement. Pursuant to 47 U.S.C. § 541(a)(2)(C), the owner of the property must be justly compensated by the cable operator for any damages caused by the installation, construction, operation, or removal of such facilities by the cable operator. C. Compliance with Applicable Laws and Ordinances. (1) The Franchisee shall, at all times during the term of this Agreement, be subject to all lawful exercise of the police power of the Issuing Authority. The Franchisee shall comply with all laws; statutes, codes, ordinances, rules, or regulations applicable to its business. Including full compliance with all of the zoning and building regulations of the Issuing Authority. (2) Except as may be specifically provided for in this Agreement, the failure of the Issuing Authority or a Franchisee, upon more than one (1) occasion, to exercise a right or to require compliance or performance under this Agreement shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance. d. Conveyance of Property Rights. The Agreement does not convey any property rights to the Franchise. In addition, the Franchise is not entitled to any compensation for damages from the Issuing Authority as a result of having to remove or relocate its property, lines, and cables from such public property or public rights -of -way in the event the Issuing Authority determines that a necessity exists for such removal or relocation. e. Franchise Not Exclusive. This Franchise shall not be constructed as any limitation upon the right of the City, through its proper offices, and in accordance with applicable law, to grant to other Person or corporations rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other Streets and Public - Rights -of Way or public places or other places the City is entitled to occupy by this Agreement, permit or otherwise; provided, however, that such additional grants shall not operate to materially modify, revoke or terminate any rights granted to Grantee herein and shall be in accord with the provisions of Chapter 8. In the event that the City grants one (1) or more franchise(s) or similar authorization(s), for the construction, operation and maintenance of any cable system which shall offer services substantially equivalent to services offered by the Grantee it shall not make the grant on more Page 2 of 21 favorable or less burdensome terms. If Grantee finds that the agreement(s) granting said other franchise(s) contain provisions imposing lesser obligation on the company(s) thereof than are imposed by the provisions of this Franchise, Grantee may petition the City for a modification of this Agreement. The Grantee shall be entitled, with respect to said lesser obligations to such modification(s) of this Agreement as may be determined to be necessary to insure fair and equal treatment by this Franchise and said other agreements. In the event that a non - franchised multichannel video programming distributor provides services to the residents of the City using the same Public Rights -of -Way, the Grantee shall have a right to request Agreement amendments that relieve the Grantee of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting such amendments, the Grantee shall file a petition seeking to amend the Franchise Agreement. Such petitions shall: (a) Indicate the presence of a non - franchised cable television competitor(s); and (b) Identify the basis for Grantee's belief that certain provisions of this Agreement place Grantee at a competitive disadvantage; and (c) Identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City shall not unreasonably withhold granting the Grantee's petition and so amend this Agreement. 2. Franchise Fees a. From and after the Effective Date of this Agreement and throughout the full Term of the Franchise, Franchisee shall pay to the Issuing Authority a franchise fee equal to five percent (5 %) of Annual Gross Revenues. "Annual Gross Revenues ", unless prohibited by applicable law, means all revenues recognized in accordance with Generally Accepted Accounting Procedures (GAAP) generated directly or indirectly by the Franchise from any source whatsoever arising from, attributable to, or in any way derived from the operation of the Cable System in the City to provide cable services. As of the effective date of this Ordinance, the provisions of this Section are pre - empted by the Communication Services Tax (Ch. 202 FL Stat.). The Issuing Authority shall retain all rights, if any, as permitted by law, or which may become permitted by law, to collect franchise fees for the delivery of non -cable service over the facilities of the cable system. 3. Construction and Maintenance of Cable System. a. Maintenance. Franchisee shall maintain all wires, conduits, cables and other real and personal property and facilities owned by Franchisee and used in the operation of the Cable System in good condition, order and repair. In the event that Franchisee undertakes a material and substantial upgrade to its existing system, the Franchisee shall submit to the Issuing Authority's City Manager: Page 3 of 21 (1) Strand maps of the system authorized by the Franchisee showing plant routing, utility company poles to which the system facilities are to be attached; and (2) Copies of all pole attachment agreements in existence between Franchisee with Southern Bell and Florida Power and Light Company and any other utility or company to which an attachment is to be made. (3) The Issuing Authority may make reasonable periodic compliance checks to verify that all wires, conduits, cables, etc., have been properly maintained. b. Compliance with Law. Franchisee shall comply with all applicable federal, state and local laws and regulations governing the construction, installation, operation and maintenance of a Cable System. Such laws and regulations shall include, without limitation, the requirements of Section 621(a)(2)(A) of the Federal Cable Act. C. Other Concerns. In addition to the above requirements: (1) Codes. Franchisee shall comply with the provisions of the 1994 National Electrical Safety Code of the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters and the Bell Telephone System's code or Pole Line Construction, as such codes are in force as of the time of installation or other work. (2) Parallel Installation. All cables and wires or other work shall be installed parallel with existing telephone and electric utility wires whenever possible. (3) Installation Above and Below Ground. Except where otherwise provided by applicable law in areas where both telephone and electric utilities' facilities are above ground at the time of the installation of Franchisee's Cable System, Franchisee may install its facilities above ground. In areas where both the telephone and electric utility companies' facilities are underground, Franchisee shall install its facilities underground. If the same notice is given to Franchisee and to all telephone and electric utility companies of the Issuing Authority requesting that above - ground facilities be moved underground, Franchisee will comply with all such reasonable requests by the Issuing Authority to Franchisee. The Issuing Authority shall coordinate among Franchisee, telephone and electric utility companies and/or users of public rights -of -way to ensure that relocation is done in the most economical and appropriate manner possible. (4) Identification of Franchisee's Cable. Throughout the Term, Franchisee shall arrange to identify its cable drops (by color code, stamping, engraving, tags, stickers, or other appropriate method to be selected by Franchisee in its sole discretion) so as to distinguish Franchisee's cable from that of all other cable operators(s) in the ,Service Area. (5) Emergency Alert System. Franchisee shall install as part of its Cable System, and shall operate through the Term, an Emergency Alert System (EAS) (or the successor to that system) in accordance with all requirements imposed from time to time by the Page 4 of 21 Federal Communications Commission, including, without limitation, the requirements that cable television systems transmit a visual EAS message on at least one channel (47 C.F.R. § 11.51(g)(3)) and that cable systems also provide video interruption and an audio EAS message on all channels, with the audio message further stating which channel is carrying the visual message (47 C.F.R. § 11.51 (g)(2)). In establishing Franchisee's EAS system pursuant to this Section, Franchisee shall: (a) designate a channel (which may be the government channel which will be used for emergency broadcasts of both audio and video); (b) maintain all channel video blanking capability to be activated remotely by security measures deemed mutually agreeable by the Issuing Authority and Franchisee; (c) test the emergency override system not less than every three months; (d) cooperate with the Issuing Authority on the use and operation of the emergency alert system; (e) develop a reasonable and practical plan (with the Issuing Authority's concurrence) in order to provide continuity of multi - channel service, and response to service calls in the event of a natural or man-made emergency; and (1) comply with all city regulations, particularly Chapter 8 of the City's Code and the City's Building Code, which regulations do not directly contradict federal law. . (6) Notice of Change of Services. The Franchisee shall send written notice to the Issuing Authority's City Manager and to all subscribers at least thirty (30) days prior to rearranging, replacing, removing or retiering services. To the extent prior notice is not possible, the Franchisee will provide notice of such a change within a reasonable amount of time. Franchisee shall comply with quarterly and annual reports required under section 8 -55 through 8- 58 of the City's Code of Ordinances. Notice should be in compliance with section 20(b) of this Agreement. (7) Audit. The Issuing Authority shall have the right and authority to inspect the Franchisee's books and records, at any time under the franchise, and the right of audit and recomputation of any and all amounts payable under section 8 -17. All costs associated with any such audit shall be borne by the Franchisee when such audit results in increasing, by more than five (5) percent, the Franchisee's annual payment to the Issuing Authority. Upon reasonable notice, such records necessary to perform such audit and recomputation shall be made available to the Issuing Authority at the Franchisee's county office. (8) Performance Evaluation. Page 5 of 21 (a) The Issuing Authority's City Manager may conduct an annual performance evaluations of a Franchisee. A Franchisee shall cooperate with this evaluation. If the Issuing Authority implements a survey of cable subscribers in connection with a performance evaluation, the Issuing Authority may require a Franchisee to distribute the Issuing Authority's questionnaire to its subscribers at the Issuing Authority's expense within 30 (thirty) days of issuance. (b) At the conclusion of the evaluation, the Issuing Authority's City Manager shall issue a report to the commission of the results of any performance evaluation together with, if necessary, any recommendations for methods to improve a Franchisee's performance under this Agreement. d. Standard Installation (1) Drops Exceeding 125 Feet. Where the drop to the customer's home is more than 125 feet in length, in addition to the prevailing installation charge, Franchisee may charge the customer the actual difference between Franchisee's cost of installing a 125 -foot- drop and the cost of installing the longer drop required by the customer. (2) Franchisee shall comply with the requirements under exhibit A. e. Ownership of Installed Cable. Franchisee shall own all cable installed by Franchisee with the Service Area; provided, however, that, if a similar requirement is imposed upon (by law, ordinance or regulation) all other cable operator(s) within the Service Area, Franchisee agrees that its customers shall own all cable installed by Franchisee inside the customers' dwellings plus such further length of cable extending beyond the dwellings' exteriors as is required by law. 4. Municipal Facilities. During the Term, Franchisee shall provide, at no cost to the Issuing Authority, one above - ground cable drop of up to 125 feet expanded basis service (excluding premium and pay - per -view services) and one cable converter and (set top) box (if needed) to each municipal facility (as defined below) within the Service Area. If the Issuing Authority requests that a particular municipal facility receive either a cable drop which exceeds 125 feet in length and/or an underground installation, Franchisee may charge the Issuing Authority the actual difference between Franchisee's cost of installing a 125 -foot above - ground drop and Franchisee's actual cost of installing the drop as requested by the Issuing Authority. For purposes of this Agreement, the term "municipal facilities" means only: (1) the public school buildings within the Service Area, (2) the public libraries within the Service Area, (3) the Issuing Authority's city hall (or comparable building), (4) police facilities within the Service Area, (5) fire facilities within the Service Area, and (6) one other facility within the Service Area that is designated by the Issuing Authority in its absolute discretion. 5. Public, Education and Government Support. (PEG Support) Page 6 of 21 a. Franchisee shall provide an Access Channel and make available to all Subscribers in the City on the basic tier all government and education channels provided by Miami -Dade County. b. Franchisee shall provide a Government Access Channel and make it available to all Subscribers in the City on the basic tier. C. In full satisfaction of Franchisee's obligation to provide broadcasting personnel or equipment to the Issuing Authority, Franchisee provide the funding to the Issuing Authority to enable the Issuing Authority to purchase the equipment as set forth on the attached exhibit B to the Agreement. The Issuing Authority acknowledges that the Franchisee is only providing the funding for the equipment and shall not bear any responsibility for the installation of the equipment. Further, the issuing authority acknowledges that the Franchisee shall not bear any responsibility to maintain the equipment or provide any warranty or assistance other than any warranty which may be provided from the manufacturer of the equipment to the Issuing Authority. This payment shall be deemed to fully satisfy all of the franchisee's obligations to provide PEG support for the term of this Agreement as set forth herein. 6. Warranties of Franchisee. The Franchisee hereby warrants and represents that all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the specified services. 7. Liens. The Franchisee is prohibited from placing a lien on the Issuing Authority's property. This prohibition shall apply to all of Franchisee's subcontractors. 8. Examination and Retention of Franchisee's Records. a. The Issuing Authority, or any of their duly authorized representatives shall, within 18 months of the final payment due to the Issuing Authority under this Agreement, have access to and the right to examine any of the Franchisee's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. b. The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the clause titled Disputes, (2) litigation or settlement of claims arising from the performance of this Agreement, or (3) costs and expenses of this Agreement to which the Issuing Authority or any of its duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 9. Insurance and Indemnification. The Franchisee shall obtain all insurance required by the Issuing Authority. The Franchisee shall indemnify and save the Issuing Authority harmless from any and all claims, Page 7 of 21 � liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the Franchisee incident to the performance of the Franchisee's services under this Agreement. The Franchisee shall pay all claims and losses of any nature whatsoever, in connection therewith. The Franchisee agrees and recognizes that the Issuing Authority shall not be held liable or responsible for any claims, which may result from actions or omissions of the Franchisee's actions. In reviewing, approving or rejecting any submissions or acts of the Franchisee, the Issuing Authority in no way assumes or shares responsibility or liability of the Franchisee or subcontractors. The Issuing Authority agrees to indemnify and hold harmless Franchisee, its officers, directors, affiliates and employees, against any loss or damage caused by the Issuing Authority's negligent or willful acts or omissions in the performance of this Agreement. The provisions of this subparagraph shall survive expiration or termination of this Agreement. The Franchisee shall maintain during the term of this contract the following insurance: (a) Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the Franchisee shall become legally obligated to pay as damages for claims arising out of the services performed by the Franchisee or any person employed by it in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the Franchisee may purchase Specific Project Professional Liability Insurance which is also acceptable. (b) Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and properly damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name city as additional insured and shall reflect the hold harmless provision contained herein. (c) Workman's Compensation Insurance coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a limit of $500,000.00 each accident. (d) The policies shall contain waiver of subrogation against the Issuing Authority where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that the Issuing Authority may have. The Issuing Authority reserves the right to request a copy of the required policies for review. All policies shall contain a " severability of interest" or "cross liability" clause without obligation for premium payment of the Issuing Authority. (e) All of the above insurance is to be placed with best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. Page 8 of 21 The Franchisee shall provide certificates of insurance to the Issuing Authority prior to the commencement of operations, which certificates shall clearly indicate that the Franchisee has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the Issuing Authority. The companies issuing the insurance policies shall have no recourse against the Issuing Authority for payment of any premiums or assessments, and the same shall be the sole responsibility of the Franchisee. The Indemnified Parry shall give Franchisee reasonably prompt written notice of any claim, demand, action or proceeding for which indemnification will be sought under this provision of the Agreement and, if such claim, demand, action or proceeding is a third -party claim, demand, action or proceeding, Franchisee will have the right at its expense to assume the defense of such claim, demand, action or proceeding, Franchisee and the Indemnified Party shall cooperate with each other and provide each other with access to relevant books and records in their possession. No such third -parry claim, demand, action or proceeding shall be settled without the prior written consent of the Indemnified Party, which consent the Indemnified Party shall not unreasonably withhold or delay. Neither the provisions of this section, nor the acceptance of any bonds by the Issuing Authority pursuant to this Agreement, nor any damages received by the Issuing Authority thereunder, shall be construed to excuse performance by a Franchisee or limit the liability of a Franchisee for damages to the full amount of the bonds or otherwise. Compliance with the foregoing requirements shall not relieve the Franchisee of his liability and obligations under this section or under any other portion of this Agreement. Additionally, Franchisee shall comply with section 8 -21 of the City's Code of Ordinances and shall include premises and/or operations, independent contractors, and subcontractors and/or completed operations, broad form property damage, XCU coverage, and a contractual liability endorsement to the extent applicable to the Franchisee's operations. 10. Bonding Requirements; Construction Bond. a. Should material and substantial construction take place the existing Franchisees shall post a performance bond or irrevocable letter of credit with the Issuing Authority and as required by the Issuing Authority's City Manager at the same time as, and. in conjunction with, submission of a material and substantial construction plan or reconstruction plan for required construction, and, in any event, at least 30 days prior to the start of the required construction or reconstruction and comply with the requirements of sections 8 -24 and 8 -28. 11. Permanent Performance and Payment Bond. The Franchisee shall, within 30 days of the effective date of an initial franchise granted under this Agreement or within 30 days of the granting of a renewal or the transfer of a license existing prior to this Agreement, furnish to the Issuing Authority a performance bond or an irrevocable letter of credit issued by a Florida bank or a federally insured lending institution in the amount of $25,000.00. The performance Page 9 of 21 ��y bond or letter of credit shall be used to guarantee the compliance with performance requirements and payment of all sums which may become due to the Issuing Authority under this Agreement. The performance bond or letter of credit shall be maintained in the full amount specified herein throughout the term of the franchise and for one year after the franchise expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this Agreement. 12. Privacy. a. Cable Tapping Prohibited. Franchisee shall not, nor shall Franchisee knowingly permit any person, agency, or entity, without the customer's consent, to tap, or to arrange for the tapping, any cable, line, signal input devise or customer outlet to receiver for any purpose except routine maintenance of the system, polling with audience participation or audience viewing surveys to support advertising research regarding viewer where individual view behavior cannot be identified. b. Invasion of Privacy Prohibited. In the conduct of providing its services or pursuit of any collateral commercial enterprise resulting from its services, Franchisee shall take all necessary action to prevent an invasion of a customer's right to privacy as such right is defined by applicable law. Franchisee shall not without lawful court order utilize the Cable System's interactive two -way equipment or capability for personal surveillance of any customer or general citizen. C. Sale of Personalized Data Restricted. Franchisee shall not sell or otherwise make available to unaffiliated third parties (including the Issuing Authority) lists of names and addresses of customers, or any list which identifies, by name, customer viewing habits, or personalized data pertaining to a customer's use of any of Franchisee's services without the express written consent of the customer to which the personalized data pertains. For purposes of this Section, "personalized data" shall mean the name and/or address of an individual customer directly associated with data obtained on his or her use of specific services provided by or through Franchisee. Nothing in this Agreement shall be construed to prevent, as a normal incident of commercial enterprise, the sale or availability of "non- personalized" or "aggregate data" which is not personalized data as defined in this Agreement. d. Landlord/Tenant. Franchisee shall be required, in accordance with this Agreement and applicable law, to provide service to individual units of a multiple housing facility with all services offered to other dwelling units within the Service Area, so long as the owner of the facility consents in writing, if requested by Franchisee, to the following: (1) To Franchisee's providing of the service to units of the facility; (2) To reasonable conditions and times for installation, maintenance and inspection of the system of the facility premises; Page 10 of 21 (3) To reasonable conditions promulgated by Franchisee to protect Franchisee's equipment and to encourage widespread use of the system; and (4) To not demand or accept payment from Franchisee for permitting Franchisee to provide service to the facility and to not discriminate in rental charges, or otherwise, between tenants which receive cable services and those who do not. 13. Taxes, Rates and Charges. Nothing contained in this Agreement shall be construed to exempt Franchisee from any tax, levy or assessment, which is or may later on be authorized by law. With respect to rates and charges, the parties agree that they will abide by federal law and Federal Communications Commission ( "FCC ") Regulations. 14. Assignment, Transfer or Sale of Franchise General. There shall be no assignment of Franchisee's Franchise, in whole or in part, by Franchisee without the prior written notification and approval of the Issuing Authority. As used in this Agreement, the terms "assigned" and "transferred" shall mean any transaction which involves a "transfer of ownership in a cable system," within the meaning of 47 U.S.C. 537(a), as implemented by 47 C.F.R. Section 76.502 (with the exception of those transactions exempted in 47 U.S.C. 537(c)(3), as implemented by 47 C.F.R. Section 76.502(f)(3)), and as defined at section 8 -15 of the Issuing Authority's Code of Ordinances. 15. Renewal of Franchise. The Issuing Authority, and Franchisee agree that any proceedings undertaken by the Issuing Authority that relate to the renewal of Franchisee's Franchise shall be governed by and comply with applicable federal law, including the renewal provisions in Section 626 of the Federal Cable act as then in effect. The Issuing Authority acknowledges that Franchisee will make a substantial investment in providing facilities and services pursuant to this Franchise Agreement and that renewal of the Franchise, provided it meets the criteria specified in applicable law, is a significant factor in Franchisee's willingness to assume its obligations hereunder. Moreover, Franchisee understands that it shall comply with section 8 -14, of the Issuing Authority's Code of Ordinances. 16. Force Majeure. Any delay, preemption, or other failure to perform, including but not limited to system construction, caused by factors beyond the parties' reasonable control, such as an act of God, war, riot, or government, administrative or judicial order or regulation, shall not result in a default of this Agreement. Each party shall exercise its reasonable efforts to cure any such delays and the cause thereof, and performance under the terms of this Agreement shall be excused for the period of time during which such factor continues. Force Majeure also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which Franchisee's cable and/or equipment is attached. Further, pursuant to section 8- 20, of the Issuing Authority's Code of Ordinances, if at any time in case of fire, police action, disaster, or other emergency, it shall appear necessary in the reasonable judgment of the Issuing Authority to cut, move or otherwise interfere with any of the wires, cables, amplifiers, appliances or appurtenances thereto of the Franchisee, the Issuing Authority shall not be liable for any injury or damage to such property and equipment of the Franchisee as a result of such cutting, moving or interference. Page 11 of 21 17. Revocation of Franchise a. Major Breach of Franchise. When any event, act or omission on the part of Franchisee occurs which represents a substantial or repeated violation of a material provision of this Agreement, then such event, act or omission may be considered a major breach of this Agreement. Under such circumstances, the Issuing Authority shall notify Franchisee in writing by certified mail, of the specific breach, and direct Franchisee to comply with all provisions of this Agreement for which the Franchisee is in violation. Any major breach of this Agreement will satisfy the Issuing Authority's burden to revoke the Franchise from the Franchisee. b. Events of Defaults. The events, acts and omissions referred to in this Section are the following: (1) bankruptcy; (2) insolvency; (3) failure to pay taxes or franchise fees; (4) failure to receive written Issuing Authority approval for assignment or transfer; (5) Franchisee practices any intentional fraud upon the Issuing Authority in connection with its responsibilities under its franchise; or (6) a major breach of this Franchise (as noted in Subsection 11a) that remains uncured for the 60 -day cure period described in Subsection 11c below. Force majeure events as set forth in Section 15 of this Agreement do not constitute events of default. C. Opportunity to Cure. The Issuing Authority shall provide Franchisee with written notice of the violation alleged to have occurred and the Franchisee shall have thirty (30) days in which to: (1) cure such violation; (2) in the case of any alleged violation which cannot reasonably be cured within such 30 -day period, commence and diligently pursue a cure; or (3) notify the Issuing Authority in writing that it disputes the Issuing Authority's claim of an alleged violation. In the event that Franchisee disputes the Issuing Authority's claim, the Issuing Authority shall, upon reasonable prior written notice, set a public hearing before the City Commission at which the Issuing Authority, Franchisee and any interested party may present evidence relating to the alleged violation. Following the hearing, the Issuing Authority shall make a determination as to whether a violation has occurred. In the event that the Authority reasonably determines that a violation has occurred, the Issuing Authority shall notify Franchisee in writing of its finding, and shall provide Franchisee thirty (30) days in which to cure such violation, or in the case of a violation which cannot reasonably be cured with such 30 -day period, such reasonable amount of time to allow Franchisee commence and diligently pursue a cure. d. Public Hearing (1) Scheduling and Procedures. No sooner than 60 days after such. written notice is sent by certified mail to Franchisee, the Issuing Authority may set a date for a public hearing before the City Commission on the matter pursuant to section 8 -74 of the Issuing Authority's Code of Ordinances. The hearing shall afford full due process to Franchisee and shall be held on the record. Both Franchisee and the Issuing Authority shall be permitted to compel the attendance of witnesses and the production or documents, to present evidence and to cross - examine witnesses. The public hearing may be cancelled at any time, if the Issuing Authority is satisfied that Franchisee has corrected and/or cured the violation. Page 12 of 21 (2) Notice. The Issuing Authority shall provide written notice, by certified mail, to Franchisee of the time and place of said hearing in a manner consistent with state law. (3) Evidence Regarding Status of Alleged Violation. At the time of the hearing, Franchisee may present information on the current status of the alleged breach of the Franchise. If the situation has been resolved, or steps are being taken to resolve the situation, then Franchisee should present such information at the hearing. e. Alternatives if Violation is Found. The Issuing Authority may (once it has held the public hearing) direct the Franchisee to take corrective action within a specified period of time, may declare the Franchisee in default of this Agreement, and afterwards, revoke, terminate or cancel the Franchise, or adhere to any of the remedies available under section 8 -71 through 8 -72, of the Issuing Authority's Code of Ordinances. f. Notice to Franchisee. If the Issuing Authority directs corrective action to take place within a specified time or declares Franchisee in default of this Agreement, then that declaration shall be reduced to writing, and the notice of corrective action or default shall be mailed, by certified mail, or in the alternative may be hand - delivered, to Franchisee within 15 days of the Issuing Authority's action. 18. Continuity of Service. As to continuity of service, subject to Franchisee's federal and state constitutional and statutory rights which the parties are deemed not have waived under this Agreement, the parties agree as follows: a. Service After Revocation, Termination, Nonrenewal, Abandonment or Withdrawal. Subject to applicable federal and state law, Franchisee shall provide service for an interim period of up to six (6) months beyond: (1) Any then - existing Term of this Franchise Agreement or any renewal of the Term; (2) 45 days' notice from Franchise to the Issuing Authority of Franchisee's proposed abandonment, withdrawal or cessation of service; and (3) The effective date of any revocation, termination or nonrenewal /expiration (absent renewal) of this Agreement. b. Issuing Authority Assistance. During such interim period, the Issuing Authority will assist and otherwise use its best efforts to assist Franchisee in providing a satisfactory basis for Franchisee to continue providing service under this Agreement. C. Revenues. During any such interim period in which Franchisee continues to provide service, Franchisee is entitled to all revenues collected, less any franchise fees or other moneys owed to the Issuing Authority. Page 13 of 21 19. Severability. If any provision of this Agreement or any related agreement is held by any court or by ay federal, state or county agency of competent jurisdiction to be invalid as conflicting with any federal, state or county law, rule or regulation now or later on in effect, or is held by such court or agency to be modified in any way in order to confirm to the requirements of any such law, rule or regulation, that provision shall be considered as a separate, distinct and independent party of this Agreement or such other agreement, and such holding shall not affect the validity and enforceability of all other provisions of this Agreement or such other agreement. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the affected provision of this Agreement (or such other agreement) which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, that provision shall immediately return to full force and effect and shall afterwards be binding on the parties to this Agreement, provided that the Issuing Authority shall give Franchisee 60 days' written notice of such change before requiring compliance with that provision. 20. Compliance with Laws a. Notwithstanding any other provisions of this Agreement to the contrary the Franchisee shall at all times comply with all applicable laws and regulations of the Federal, state, county and city governments and all administrative agencies thereof, including but not limited to judicial orders; provided, however, that if any such Federal, state, city, or county law or other applicable regulation shall require the Franchisee to perform any service, or shall permit the Franchisee to perform any service, or shall prohibit the Franchisee from performing any service, in conflict with the terms of this Agreement or of any law or regulation of the Issuing Authority, then as soon as possible following knowledge thereof the Franchisee shall notify the Issuing Authority of the point of conflict believed to exist between such regulation or law and the laws or regulations of the Issuing Authority of this Agreement, and the Franchisee shall be excused from performance hereunder, provided that it acts in good faith reliance thereon, pending resolution of such conflict; provided, further, that, from the date of this Agreement through and until the expiration of the Term of the Franchisee granted under this Agreement, no change made by the Issuing Authority in its ordinances or regulations shall amend the Franchise or this Agreement without the Franchisee's written consent. In the event of a conflict between this Agreement and any local law, rule or regulation (including, without limitation, any ordinance authorizing the grant of a cable television franchise), the terms of this Agreement shall prevail. b. If the Issuing Authority determines that a material provision of this Agreement or any related agreement is effected by such action of a court or of the Federal, state or county government, the Issuing Authority and Franchisee shall have the right to modify any of the provisions hereof or in such related agreements to such reasonable extent as may be necessary to carry out the full intent and purpose of this Agreement and all related agreements. C. For the purposes of this Agreement, Florida law shall govern the terms of this Agreement. Venue shall be in Miami -Dade County, Florida. Page 14 of 21 d. The Issuing Authority does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs. e. Pursuant to section 8 -19 of the Issuing Authority's Code of Ordinances, the city reserves the right for the City Commission to adopt, in addition to the provisions contained in Chapter 18 of the Issuing Authority's Code, and in existing applicable agreements, such additional rules and regulations as it shall find necessary in the exercise of the police power, for the proper administration and enforcement of the provisions of this Agreement; provided, that such regulations shall be reasonable and shall conform with the terms and conditions of the franchise and the rights herein granted and shall not be in conflict with federal or state law. Rules and regulations promulgated by the Issuing Authority shall insure fair and equitable treatment for all persons affected by cable service. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been filed with the city clerk. 21. Miscellaneous a. Entire Agreement; Amendment. This Agreement, the documents that are referred to in this Agreement and the documents that are to be delivered pursuant to this Agreement constitute the entire agreement among the parties pertaining to the subject matter of this Agreement, and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties, whether oral or written, and there are not representations or other agreements among the parties in connection with the subject matter of this Agreement, except as specifically set forth in this Agreement. No amendment, supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound by such amendment, supplement, modification, waiver or termination. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided in writing by the waiving party. b. Notice (1) To Issuing Authority. All notices require or permitted to be given to the Issuing Authority under any provisions of this Agreement shall be in writing and shall be deemed served: (a) When delivered by hand or by Federal Express or similar service to the Issuing Authority's offices during normal business hours; or (b) When mailed to any other person designated in writing in this Agreement to receive such notice, via certified mail, return receipt requested. Page 15 of 21 (2) To Franchisee. All notices required to be given to Franchisee under any provision of this Agreement shall be in writing and shall be deemed served when delivered by one of the methods described above. (3) Addresses. Notice shall be given to the following addresses: If to Issuing Authority: With a copy to: If to Franchisee: City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: City Manager Eve A. Boutsis, Office of City Attorney Nagin Gallop Figueredo, P.A. 18001 Old Cutler Road Suite 556 Palmetto Bay, Florida 33157 Atlantic Broadband 1681 Kennedy Causeway North Bay Village, FL 33141 Attn: VP /General Manager With a copy to: Donna Garofano Vice President, Government & Regulatory Affairs Atlantic Broadband 1 Batterymarch Park Suite 405 Quincy, MA 02169 Either party may change its address for notice purposes at any time by giving notice of such address change on accordance with the foregoing. (a) Successors. Subject to Section 8b of this Agreement, this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and assigns. (b) Interpretation. Unless the context requires otherwise, all words used in this Agreement in the singular number shall extend to and include the plural, all words in the plural number shall extend to and include the singular, and all words in any gender shall extend to and include all genders. found within 47 U.S.C. § 522. (c) This Agreement specifically incorporates the definitions Page 16 of 21 22. Warranty of Authority. Each of the signatories to this Agreement warrant that he or she is duly authorized, by the appropriate action of his or her respective village commission, board of directors or other authority, to execute this Agreement and to bind the parties hereto to the promises, terms, conditions and warranties contained in this Agreement. 23. Facsimile and Counterparts. This Agreement may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties hereby acknowledge and agree that facsimile signature of this Agreement shall have the same force and effect as original signatures. 24. Miscellaneous. In the event a court must interpret any word or provision of this Agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this Agreement. IN WITNESS OF THIS AGREEMENT, the parties have signed below, effective as of the Effective Date, by their duly authorized representatives. WITNESSED: City of South Miami WITNESSED: an Yvonne Soler McKinley Its: City Manager Atlantic Broadband (Miami) LLC LIM Its Page 17 of 21 EXHIBIT A - CUSTOMER SERVICE OBLIGATIONS 1. OFFICE HOURS AND TELEPHONE AVAILABILITY a. Franchisee will maintain a local, toll -free, or collect call telephone access line, which will be available to its customers 24 hours a day, seven days a week. i. Trained representatives will be available to respond to customer telephone inquiries during normal business hours. ii. After normal business hours, the access line may be answered by a service or any automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained representative on the next business day. b. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met less than ninety percent (90 %) of the time under normal operating conditions, measured on a quarterly basis. C. Franchisee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of complaints indicates clear failure to comply. d. Under normal operating conditions, the customer will receive a busy signal less than three percent (3 %) of the time. e. Bill payment locations will be open at least during normal business hours and will be conveniently located. 2. INSTALLATIONS, OUTAGES AND SERVICE CALLS: Under normal operating conditions, each of the following four standards will be met no less than ninety -five percent (95 %) of the time measured on a quarterly basis: a. Standard installations will be performed within seven (7) business days_ after an order has been placed. "Standard" installations are those that are located by to 125 feet from the existing distribution system b. Excluding conditions beyond its control, Franchisee will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes know. Franchisee must begin actions to correct other service problems the next business day after notification of the service problem. C. The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at a maximum, Page 18 of 21 a four -hour time block during normal business hours. (Franchisee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) d. Franchisee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. e. If a representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 3. COMMUNICATIONS BETWEEN FRANCHISEE AND CABLE SUBSCRIBERS a. Notifications to subscribers i. Franchisee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: 1. Products and services offered; 2. Franchisee shall provide written information; 3. Prices and options for programming services and conditions of subscription to programming and other services; 4. Installation and service maintenance policies; 5. Instructions on how to use the cable service; 6. Channel positions of programming carried on the system; 7. Billing and complaint procedures, including the address and telephone number of Grantor's cable office. b. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Franchise. In addition, Franchisee shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph (c)(3)(i)(A) of this Section. Notwithstanding any other provision of Part 76, Franchisee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax assessment, or charge of any kind imposed by any Federal agency, State, or [Grantor] on the transaction between the operator and the subscriber. C. Billing i. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly Page 19 of 21 delineate all activity during the billing period, including option charges, rebates and credits. ii. In case of a billing dispute, Franchisee must respond to a written complaint from a customer within thirty (30) days. d. Refunds. Refund checks will be issued promptly, but no later than either: i. The customer's next billing cycle following resolution of the request of thirty (30) days, whichever is early, or ii. The return of the equipment supplied by Franchisee if service is terminated. e. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. 4. DEFINITIONS a. Normal Business Hours. The term "normal business hours" means those hours during which most similarly businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. b. Normal Operating Conditions. The term "normal operating conditions" means those service conditions, which are within the control of Franchisee. Those conditions which are not within the control of franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and several or unusual weather conditions. Those conditions, which are ordinarily within the control of. Franchisee, include, but are not limited to, special promotions, pay - per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade o the cable system. C. Service Interruption. The term "service interruption" means the loss of picture or sound on one or more cable channels. Page 20 of 21 Exhibit 1 South Miami Council Chamber AV System System Evaluation and Recommendations: The site visit conducted at the end of June revealed several shortcomings to the current AV system which provides the feed to our government access channel. The video system had two notable deficiencies. A) only 2 of the 3 cameras were operational. We were informed that the 3`d was out for repair. On the assumption, that this unit has been or shortly will be repaired and will be operational, no additional recommendation is provided, as the cameras are high quality and should provide several more years of good service. B) the recording system is based on SVHS tape technology. The recorders and payback decks are older generation units and in general do not provide the quality of today's digital tape or disk based systems. It is recommended that 5 of the current units be replaced with DVCAM tape based recorders and playback machines (Sony DSR -26 or JVC SR- DVM70US suggested. The JVC unit also records on a hard disk and can play back from the hard disk). These are commercial grade digital tape decks providing high quality recording and playback capability. Several of the existing JVC SVHS tape decks can be retained for the purpose of making dubs available for playback on home VHS machines. DV tapes are relatively inexpensive, can be archived in much less space than VHS tapes, are more robust in maintaining quality over time and are easily integrated into the current system as a 1 for 1 replacement. Not only will the recorded quality be superior to that of the current decks, but the playback performance will significantly improve the quality of the on -air pictures. The audio system similarly had 2 notable problems. Despite the use of high quality pressure zone type microphones and a high quality mixer, the audio had a distinct buzz, especially when the persons speaking were silent for a few seconds or longer. This is due to the action of dual AGC's. The mixer AGC automatically amplifies the picked up audio signal in an effort to balance out the sound of stronger or weaker voices. Whenever there is silence, the AGC increases gain to the point where background noise is heard as a hiss on the system. While this system is fine for PA applications, its use for production AV is not recommended for this very problem. A better solution would be separate microphones with an auto squelch function, so that low volume sounds below a given treshold are squelched rather than amplified. This problem is exacerbated by the fact that the cable system modulators have an AGC function that competes with the mixer AGC resulting in a ringing action as volumes increase and decrease. Additionally the current microphones are designed to pick up sound off of the desk surface. While this approach is both aesthetically pleasing with its low profile and technically good in picking up sound from varying distances, it is also subject to picking up inadvertent sounds around the desk area such as paper shuffling, fingers tapping the surface of the desk or the placement of various objects — pens, water glasses, etc. onto the surface. There are two possible solutions: a) continue to use the existing microphones for both the PA and video systems, but split the feeds and run them through separate mixers. The PA system would continue to use the existing AGC unit, whereas the audio / video feed would would use a squelch circuit and a mixer without an AGC such as the Mackie Onyx 1640 Premium 16- channel / 4 -bus analog mixer, relying on the modulator to provide overall level control with a single AGC circuit. B) Optionally, a separate cardiod type microphone could be installed with a squelch system for the AV system. This would require additional wiring and would tend to clutter the desk tops with some overall greater flexibility and control. We would recommend not duplicating the microphones, but splitting the feeds to by -pass the current AGC mixer and installing a second mixer specifically setup for the network feed. Should paper rustling at the desktops prove to be too difficult to control, a separate microphone feed could be installed at a later date. One final comment — the current AV room located off of the council chambers is dusty, not properly air conditioned and does not meet any reasonable technical production and playback standards. It is recommended that the equipment be relocated to a functionally better location, to enhance the Ion y q p eit v of any a ui ment that is installed. _ n 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 SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - DECEMBER 19, 2006 AND JANUARY 9,2007 in the XXXX Court, was published in said newspaper in the issues of 12/01/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h ither paid nor promised any person, firm or corporation any sco t, rebate, commission or refund for the purpose of curl this advertisement for publication in the said ne pa r. Sworn to and subscribed before me this 01 day of DECEMBER A.D. 2006 loe- (SEAL) SOOKIE WILLIAMS personally known to me Cheryl H Marmer My Commission DD338559 j 'V / Expires July 18, 2008 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 BOOKIE WILLIAMS, who on oath says that he or she Is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a dally (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 - DECEMBER 19, 2006 In the XXXX Court, was published in said newspaper in the issues of 12/08/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any unt, rebate, commission or refund for the purpose of ec ing this advertisement for publication in the said n vsp�per. A Swom to and subscribed before me this 08 ay o DE A.D. 2006 (SEAL) BOOKIE WILLIAMS personally known to me ,art Maria 1. Mesa ONMy Commission OD293855 Expires March 134, 2D08 1 .�-• .ter ., .. NEIGHBORS CALENDAR metrozoo.com: • The Scoop on Poop, a 5,000 square -foot traveling exhibition on what poop is and how animals and humans use it: through Jan. 10. Mexican Cultural Institute: 5975 Sun- set Dr., South Miami; free: 786- 268 -4910: • Ego, a new collection of works by Cuban - Mexican artist Ulises Gonzalez; through Jan. 4. Miami Art Central: 5960 SW 57th Ave., South Miami. 305- 455 -3333 or go to miamiartcentral.org: • New Years Eve Exhibit: 6 -10 p.m. Dec.8 opening reception, continues Dec. 31. Miami Art Museum: 10 a.m. -5 p.m, Tuesday - Friday, 10 a.m. -9 p.m. third Thursday, noon -5 P.M. Saturday -Sun- day; 101 W. Flagler St., Miami; $5 adults, $2.50 seniors, children 11 and under and students with ID free. 305- 375 -3000: • Mark Dion, a two -part installation focussing on local natural surround - ings: through Jan. 14. • Lorna Simpson, an exhibition fea- turing an examination ofracial -and gender identity through large -scale photograph and text works: through Feb. 4. • Modern Photographs; The Machine, the Body and the City, gifts from the Charles Cowles Collection featuring 101 pieces of art: through April 15. Miami Center for the Photographic Arts: 1601 SW First St., Miami; free. 305- 649 -0324: • Errant, photography of random locations by Axel Stein: through Dec. 29. • Twenty Americans, photography by Vieri Tomaselli: through Dec, 29. Miami Dade College Wolfson Cam= Pus: held in the James K. Batten Com- munity Room, Bldg. 2; 300 NE Sec- and Ave., Miami. 305- 274 -2103: • Wounds of Humanity, large panels with interperative visuals by Nall; through Jan. 14. • Wounded Dove of Peace, a 13 -foot two -ton bronze sculpture by Nall; through Jan. 14. miArte Gallery: 85 Merrick Way, Coral Gables. 305 - 445 -2783: • 85 @85, an exhibition of no less than 85 artists presenting as a color- ful mosaic of 255 separate canvases, each a unique work of art that will be sold separately: through Jan. 27, Mosquera Orthodontics: 1245 SW 87th Ave., Miami; free. 305 -264 -3355: • An exhibition of artwork by local contemporary artist Miguel Angel Giovanetti: through Jan. 5. Museum of Contemporary Art (MOCA): A permanent collection, traveling exhibits; 770 NE 125th St., Joan Lehman Building, North Miami; $5, $3 seniors and students with ID, free for children 11 and under, and res- idents and employees of the City.of North Miami and members; 11 a.m. -5 P.m, Tuesday- Saturday; noon -5 p.m. Sunday. 305- 893 -6211: • Elusive Signs: Bruce Nauman works with Light, exhibition in which Bruce Nauman addresses the essential ele- ments of human existence, challeng- ing the parameters of contemporary art through nontraditional materials: through Jan. 7. • City Beneath the Sea, anew pro- duction and exhibition with mario- nette sculptures by Pablo Cano: through Dec. 23: Praxis International Art: 2960 Ponce de Leon Blvd., Coral Gables. 305- 443 -9700 or go to praxis - art.com: 'TURN TO CALENDAR; 28 Introducing..... 4C1(D11"1B-R,A Fine Portuguese Cuisine T r fisDTtV A. a? . � '7N608POAATER � ' t ) RIO COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, December 19, 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 RELATING`TO AMENDING CHAPTER 20- 4.4(1)(1) OF THE LAND DEVELOPMENT CODE RELATING TO VALET PARKING TO CORRECT SCRIVENER'S ERROR TO CORRECTLY GROSS-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). AN ORDINANCE 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. AN ORDINANCE 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. AN 'ORDINANCE RELATING TO FRANCHISES; CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO ATLANTIC BROADBAND, L.L.C. A RESOLUTION FOR SPECIAL EXCEPTIONS.FOR A MIXED USE DEVELOPMENT PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL 26 833 SQUAREOFEET WHICHI EXCEEDS THE MAXIMUM 60 %S LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE MAXIMUM PERMITTED BUILDING ,SQUARE FOOTAGE OF 20,000 SQUARE FEET;. (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY. 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'd a person decides to appeal any decision made by this Board, Agency or Commission with respect to any manes 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. to 0 N LU LU ca X U 0 a 0 0 a x f a f W E: d x E m i -, i, l 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 BOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of I CITY OF SOUTH MIAMI PUBLIC HEARING - DECEMBER 19, 2006 In the XXXX Court, was published in said newspaper in the issues of 12/08/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any unt, rebate, commission or refund for the purpose of ac ing this advertisement for publication in the said n s per. Sworn to and subscribed before me this 08 ay o DE D. 2008 (SEAL) BOOKIE WILLIAMS personally known to me „rY Marie I. Mesa + My Commission DD293M or Expires Marsh 04, 2008 evidence upon which the appsalJs to be based. 1218 06-3- 75/761362M South Miami -MMINC i N-CEO . CITY OF SOUTH MIAMI 1927 '® OFFICE OF THE CITY MANAGER Riv INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members-of'the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director1 Public Works & Engineering Department Date: December 19, 2006 Agenda Item No. Subject: Amending the City's Code to require properties being developed to retain stormwater drainage on -site. Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 1OA -45 OF THE . CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHS -OF -WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND DRAINAGE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE Request: To approve amendment to current ordinance torequire properties to retain stormwater drainage on -site. Reason /Need: The intent of this amendment to Section 1OA -45 of the City's Code is to prevent development that would, result .in contribution to recurrent or stormwater runoff from developing property on to adjoining property or right -of -way. With this change, developers would be forced to properly grade their property such that stormwater runoff would be retained on site as currently specified in section 20- 4.7,of the City's Land Development Code. In addition, this change would require, developers to provide certification by a professional engineer, prior to completion of construction, which development and site complies with the requirement to maintain stormwater on site, or provide adequate drainage so as to prevent or causing recurrent and /or excessive ponding to adjoining properties or public rights -of -way. Cost: N/A Backup Documentation: Q 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 ORDINANCE NO.: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 1OA -45 OF THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHS -OF -WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND DRAINAGE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of, and visitors to, the City of South Miami by enhancing the minimum requirements of the Florida Building Code; and, WHEREAS, prior to the passage of the Florida Building Code, south Florida was governed by the South Florida Building Code (SFBC), which code required individual property owners to maintain all rain run -off on their property; and, WHEREAS, the SFBC is no longer in application, and the city desires to implement certain safeguards to ensure that stormwater drainage is properly regulated; and, WHEREAS, flooding is a major issue in the state of Florida and specifically a major issue for the general health, welfare and safety of the residents and businesses of South Miami, and, WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance its minimum Housing standard, to require, individual property owners to maintain stormwater drainage on their properties; and, WHEREAS, the City already amended section 20 -4.7 of the City's land development code to require properties to maintain stormwater on site, or provide adequate drainage so as to prevent contributing or causing recurrent and /or excessive ponding to adjoining properties or public rights -of -way; and, Additions shown by underlining and deletions shown by everstfiking I WHEREAS, the Mayor and City Commission desire to amend section 1OA -45 of 2 the City's Code to require greater permitting requirements relating to flood zones. 3 4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 6 7 Section 1. Section 10A -45 is amended to reads as follows: 8 9 Application for a development permit shall be made to the building official on 10 forms furnished by him or her prior to any development activities, and may include, but 11 not be limited to, the following plans in duplicate drawn to scale showing the nature, 12 location, dimensions, and elevations of the area in question, existing or proposed 13 structures, earthen fill, storage of materials or equipment, drainage facilities, and the 14 location of the foregoing. Specifically, the following information is required: 15 16 (3) Application stage. 17 a. Elevation in relation to mean sea level of the proposed lowest floor 18 (including basement) of all buildings; 19 b. Elevation in relation to mean sea level to which any nonresidential. 20 building will be flood proofed; 21 C. Certificate from a registered professional engineer or architect that 22 the nonresidential floodproofed building will meet the floodproofing 23 criteria in section 10A- 49(2), of this article; 24 d. Description of the extent to which any watercourse will be altered or 25 relocated as the result of proposed development. 26 e. Survey by profession surveyor and/or mapper to locate lowest 27 elevation point, and spot elevations; 28 f. Certified geotechnical company percolation testing to find out how 29 fast the water drainage through soil to determine the need for and 30 type of drainage system to be installed at the site, with such drainage 31 system to include, but not be limited to exfiltration trench systems; 32 g_ Detailed plans documenting the existing stormwater drainage 33 condition of the site, the adjoining_ properties, and rights-of wad, 34 h. Detailed plans documenting the scope of work in order to ensure 35 proper drainage of the site and documenting ompliance with section 36 20- 4.7(C)(4); 37 i. A 125 percent of estimated cost performance bond for public right - 38 of -way improvements; 39 l Development, with proper expert testimony and analysis, of a 40 Maintenance of Traffic (MOT) plan, which plan shall be rop vided 41 prior to construction, to ensure safe passage of both pedestrian and 42 motorist traffic adjacent to proposed drainage work. Additions shown by underlining and deletions shown by ever-stfiking. 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 k. Submittal of all plans and permit documents to the City of South Miami's "site review committee" which committee shall consist of representatives of the city's building, zoning, public works departments in order to obtain review and sign off as to proposed development ep rmits. (4) Construction stage. a. Provide a floor elevation or floodproofing certification after the lowest floor is completed. Upon placement of the lowest floor, or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the building official a certification of elevation of the lowest floor, floodproofed elevation as built, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The building official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop work order for the project, and refusal to issue a certificate of use or occupancy. b. Provide certification by a professional engineer, prior to completion of construction, that development and site comply with the requirements of 20- 4.7(C)(4). The building official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required herein or pursuant to section 20- 4.7(C)(4) of the City's land development code, shall be cause to issue a stop work order for the project, and refusal to issue a certificate of use or occupancL. 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, the holding shall not affect the validity of the remaining portions of this ordinance. Additions shown by underlining and deletions shown by eve}stfiking. 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 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of November, 2006. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney lst Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by ever-stfiking: I South Miami bylaNd AmwicaC i -•� CITY OF SOUTH MIAMI 1111. hoaPOto� OFFICE OF THE CITY MANAGER o e 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 Date: December 19, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 OF THE LAND DEVELOPMENT CODE RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Background: Section 20 -5.16 of the Land Development Code, requires a Unity of Title when a proposed development project is to be built on two or more platted lots. The term "Unity of Title" is defined under our Land Development Code as "a written agreement executed by and between a property owner and the City of South Miami, whereby the property owner for specified consideration by the City agrees that the lots and /or parcels of land constituting the building site shall not be conveyed, mortgaged and/or leased separate and apart from each other and they shall be held together as one tract." The proposed amendment to this Section 20 -5.16 simply allows the City to accept a "Declaration of Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and platted lots. A Declaration of Restriction in lieu of a Unity of Title is one of many different written instruments utilized by municipalities to implement land use controls on property. Where a Unity of Title generally requires pursuant to our code only requires that the owner commit not to lease, mortgage or convey the parcels separately a Declaration of Restrictions in lieu of a Unity of Title essentially provides the City a better mechanism for imposing additional restrictions. Declaration of Restrictions in lieu of a Unity of Title are effectively deed restrictions that run with the land and limit the future use of the property. Deed restrictions may impose a variety of limitations and conditions, for example, they may limit the density or dictate the type of structure that can be erected, or prevent buildings from being used for a specific purpose. Consequently, this proposed amendment allows 2 for ,Declarations of Restrictions in lieu of the Unity of Title, to be utilized by the city when approving a development project on two or more abutting platted lots. Planning Board Action: The Planning Board at its November 29, 2006 after a public hearing adopted a motion by a vote of 4 ayes 2 nays recommending denial of the proposed amendment. Recommendation: It is recommended that the draft ordinance be adopted on first reading. Backup Documentation: Ordinance Public notices LF /SAY P: \Comm Items\2006 \12- 19- 06 \PB -06 -036 LDC Amend Unity 20 -5.16 CM Report.doc I 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 5 20 -5.16 OF THE LAND DEVELOPMENT CODE RELATING TO 6 UNITY OF TITLE; CREATING - SUBSECTION 20- 5.16(F) TO 7 PROVIDE FOR .THE OPTION OF USING A DECLARATION OF 8 RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; 9 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 10 AND AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami desire 13 to promote, protect and , improve the health, safety and welfare of the residents and 14 businesses of, and visitors to, the City of South Miami by enhancing the provisions of the 15 city's land development node by providing additional options, which options would 16 facilitate the growing trend of mixed use development; and, 17 18 WHEREAS, the city's Land Development Code provides enhanced regulation of 19 building construction and regulation within the city; and, 20 21 WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city 22 only allowed certain developments if the property was tied to a "unity of title ", and, 23 24 WHEREAS, A Unity of Title is a written agreement executed by and between a 25 property owner and the city, whereby the property owner for a specified consideration by 26 the city agrees that the lots constituting a building site shall not be conveyed, mortgaged 27 and/or leased separate and apart from each other, and that they shall be held together as 28 one tract; and, 29 30 WHEREAS, it is in the best interests of the city, and consistent with mixed use 31 development trends, to provide the city with the option of requiring a declaration of 32 restriction in lieu of unity of title, rather than solely the option of a unity of title for 33 development; and, 34 35 WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would 36 provide the same safeguards, provided however, there project could be developed with 37 multiple ownership, rather than a single individual; and, 38 39 WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 40 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's 41 Land Development Code by providing options to the city, its residents and its businesses Additions shown by underlining and deletions shown by ever-striking. 2 1 by providing alternative mechanisms for achieving the site plan protection the city 2 desires; and, 3 4 WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public 5 hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed 6 amendments; and, 7 8 WHEREAS, the Mayor and City Commission desire to amend Section 20-5.16, of 9 the Land Development Code to provide for either a unity of title or a declaration of 10 restrictions in lieu of a unity of title for developments. 12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 14 15 Section 1. Section 20-5.16 is amended to reads as follows: 16 17 20-5.16 Unity of title submittal procedures. 18 19 Either a A—Unity of Title, as defined in section 20-2.3, or a Declaration of 20 Restrictive Covenants in Lieu of Unity of Title shall be required as specified 21 below and shall be a prerequisite to the issuance of a building permit. 22 23 (aA) Required. A The Unity of Title or a Declaration of Restrictive Covenants in Lieu 24 of Unity of Title shall be required in the following cases: 25 26 1. Whenever the building site consists of more than one lot or parcel 27 and the main building is located on one lot or parcel and auxiliary or 28 accessory use buildings are located on the remaining lot or parcel 29 comprising the building site. 30 31 2. Whenever the building site consists of more than one lot or parcel 32 and the main building is located on one or more of the lots or parcels 33 and the remaining lots or parcels encompassing the building site are 34 required to meet the minimum zoning requirements. 35 36 3. Whenever a Unity of Title is required by a provision within this 37 Code or is specifically required by an ordinance or resolution passed 38 and adopted by the City Commission. 39 40 (bB) Submittal. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of 41 Title shall be submitted to the Planning and Zoning Department. 42 Additions shown by underlining and deletions shown by ever-stFiking. 3 1 (c-C) Approval. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of 2 Title shall be subject to approval by the City Attorney as to form and content. 3 4 (dD) Recording. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of 5 Title shall be recorded in the Public Records of Miami -Dade County and shall run with 6 the land and Shall be binding upon the property owner, his/her successors and assigns. 7 The owner shall pay the "fee as required for recording a Unity of Title or a Declaration of 8 Restrictions in Lieu of Unity of Title in the Public Records of Miami -Dade County. 9 10 (eE) Release. Any Unity of Title or any Declaration of Restrictions in Lieu of 11 Unity of Title required by this section shall not be released except upon approval by 12 resolution passed and adopted by the City Commission, after a public hearing, and 13 executed by the City Manager and the City Clerk. The release of the Unity of Title or the 14 Declaration of Restrictions in Lieu of Unity of Title is contingent upon a cessation of the 15 conditions and /or criteria which originally required the execution of the subject Unity of 16 Title. 17 18 (F) Required provisions to be included in the Declaration of Restrictions in Lieu of 19 Unity of Title. 20 21 1. The site or property shall be developed in substantial compliance 22 with the site plan or development order approved by the City 23 Commission. No modification shall be effected in said site plan 24 without the written consent of the then owner(s) of the Property, and 25 the submittal of an application to modify the plan or covenant at 26 public hearing before the City Commission. 27 2. If the Property is developed in phases, each phase will be developed 28 in substantial accordance with the site plan. 29 3. In the event of multiple ownership subsequent to said site plan 30 approval, each of the subsequent owners, mortgagees and other 31 parties in interest shall be bound by the terms, provisions and 32 conditions of this instrument. Owner further agrees that it will not 33 convey portions of the Property to such other parties unless and until 34 the Owner and such other part or parties shall have executed and 35 mutually delivered in recordable form, and instrument to be known 36 as an "Easement and Operating Agreement" which shall contain 37 among other things: 38 (i) easements in the common area of each parcel for ingress to 39 and egress from other parcels; Additions shown by underlining and deletions shown by evers4r-ikifig. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4 (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to private roadways; (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other ap rcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal ` of common construction improvements such as footings, supports and foundations; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhan sg other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like 22 (x) appropriate reservation of rights to grant easements to utility 23 companies; 24 (xi) easements in favor of each such parcel for pedestrian and 25 vehicular traffic over dedicated private ring roads and access 26 roads; and 27 (xii) appropriate agreements between the owners of the several 28 parcels as to the obligation to maintain and repair all private 29 roadways, parking facilities, common areas and the like. 30 (xiii) Appropriate agreements to ensure that the property owners 31 are bound by any existing and enforceable declarations of 32 restrictions tied to the underlying properties. Additions shown by underlining and deletions shown by °v°r g. 5 1 The easement provisions or portions thereof may be waived by the City Attorney, if they 2 are not applicable to the subject application. When executed, the Easement and Operating 3 Agreement shall not be amended without the prior written approval of the City Attorney. 4 Such Easement and Operating Agreement may contain such other provisions with respect 5 to the operation, maintenance and development of the Property as to which the parties 6 thereto may agree, all to the end that although the property may" have several owners, it 7 will be constructed, conveyed, maintained and operated in accordance with the approved 8 site plan. 9 10 4. The provisions of the Declaration of Restrictions in Lieu of Unity of 11 Title instrument shall become effective upon their recordation in the 12 public records of Miami -Dade County_ , Florida, and shall continue in 13 effect for a period of thirty _(30) years after the date of such 14 recordation, after which time they shall be extended automatically 15 for successive periods of ten (10) years each, unless released in 16 writing by the then owners of the Property and the City Commission, 17 upon the demonstration and affirmative finding that the same is no 18 longer necessary to preserve and protect the property for the 19 purposes herein intended. 20 5. The provisions of this instrument may be amended or modified by a 21 written instrument executed by the then Owner or Owners of the 22 Property, with joinders by all mortgagees, if any. Should this 23 Declaration of Restrictive Covenants be so amended or modified 24 the City'Attomey, or his successor, shall forthwith execute a written 25 instrument effectuating and acknowledging such amendment or 26 modification. The provisions of this instrument may be released by 27 a written instrument executed by the then Owner or Owners of the 28 Property, with joinders by all mortgagees, if any, after public 29 hearing. Should this Declaration of Restrictive Covenants be so 30 released, after public hearing and gpproval of the City Commission, 31 the City Attorney, or his /her successor, shall forthwith execute a 32 written instrument effectuating and acknowledging such release. 33 6. Enforcement shall be by action against any parties or erp sons 34 violating or attempting to violate any covenants. The prevailing 35 party to any action or suit pertaining to or arising out of this 36 Declaration shall be entitled to recover, in addition to costs and 37 disbursements, allowed by law, such sum as the Court may adjudge 38 to be reasonable for the services of his/her attorney. This 39 enforcement provision shall be in addition to any other remedies 40 available at law, in equity or both. Additions shown by underlining and deletions shown by °��°o, g 6 1 7. Invalidation of any of the covenants identified in this section 20- 2 5.16(F), by judgment of Court 'shall not affect any of the other 3 provisions, which shall remain in full force and effect. 4 8. All rights, remedies and privileges granted pursuant to the 5 Declaration of Restrictions in Lieu of Unity of Title shall be deemed 6 to be cumulative and the exercise of any one or more shall neither be 7 deemed to constitute an election of remedies, nor shall it preclude 8 the party exercising the same from exercising such other additional 9 rights, remedies or privileges 10 9. In the event of a violation of this Declaration, in addition to any 11 other 'remedies available, the City of South Miami is hereby 12 authorized to withhold any future permits, and refuse to make any 13 inspections or agr nt any approval, until such time as the Declaration 14 of Restrictive Covenants in Lieu of Unity of Title are complied with. 15 10. The Declaration shall be recorded in the public records of Miami- 16 Dade County at the Owner's expense. 17 18 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 19 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 20 shall not affect the validity of the remaining portions of this ordinance. 21 22 Section 3. All ordinances or parts of ordinances in conflict with the provisions 23 of this ordinance are repealed. 24 25 Section 4. This ordinance shall be. codified and included in the Land 26 Development Code. 27 28 Section 5. This ordinance shall take effect immediately upon enactment. 29 30 31 PASSED AND ADOPTED this day of November, 2006. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 lst Reading - 39 2nd Reading — Additions shown by underlining and deletions shown by ever-striking. Additions shown by underlining and deletions shown by rte 1 2 COMMISSION VOTE: 3 READ AND APPROVED AS TO FORM: Mayor Feliu: 4 Vice Mayor Wiscombe: 5 Commissioner Birts: 6 Luis R. Figueredo, Commissioner Palmer: 7 Nagin Gallop Figueredo, P.A. _ Commissioner Beckman: 8 Office of City Attorney 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 Additions shown by underlining and deletions shown by rte South Miami WmadeaCky CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: December 19, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Background: The Land Development Code Section 20 -8.16 requires a Unity of Title when a proposed development project is to be built on two or more platted lots. The TODD zoning district section of the Code also specifies when a unity of title is required and further refers back to the more detailed section on unity of title which is Section 20 -5.16. It is proposed that this section also be amended to include the alternative use of a Declaration of Restrictions in Lieu of Unity of Title. The term "Unity of Title" is defined under our Land Development Code as "a written agreement executed by and between a property owner and the City of South Miami, whereby the property owner for specified consideration by the City agrees that the lots and /or parcels of land constituting the building site shall not be conveyed, mortgaged and /or leased separate and apart from each other and they shall be held together as one tract." The proposed amendment to Section 20 -8.16 simply allows the City to accept a "Declaration of Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and platted lots in the TODD zoning district. A Declaration of Restriction in lieu of a Unity of Title is one of many different written instruments utilized by municipalities to implement land use controls on property. Where a Unity of Title generally requires pursuant to our code only requires that the owner commit not to lease, mortgage or convey the parcels separately a Declaration of Restrictions in lieu of a Unity of Title essentially provides the City a better mechanism for imposing additional restrictions. Declaration of Restrictions in lieu of a Unity of Title are effectively deed restrictions that run with the land and limit the future use of the property. Deed restrictions may impose a variety of limitations and 2 conditions, for example, they may limit the density or dictate the type of structure that can be erected, or prevent buildings from being used for a specific purpose. Consequently, this proposed amendment allows for Declarations of Restrictions in lieu of the Unity of Title, to be utilized by the city when approving a development project on two or more abutting platted lots. Planning Board Action: The Planning Board at its November 29, 2006 after a public hearing adopted a motion by a vote of 4 ayes 2 nays recommending denial of the proposed amendment. Recommendation: It is recommended that the draft ordinance be adopted on first reading. Backup Documentation: Ordinance Public notices LF /SAY P: \Comm Items\2006 \12- 19- 06 \PB -06 -037 LDC Amend Unity 20 -8.16 CM Report.doc 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 I ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of, and visitors to, the City of South Miami by enhancing the provisions of the city's Land Development Code by providing additional options, which options would facilitate the growing trend of mixed use development; and, WHEREAS, the city's Land Development Code provides enhanced regulation of building construction and regulation within the city; and, WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city allows the use of either a "unity of title" or a declaration of restrictions in lieu of unity of title, and, WHEREAS, it is in the best interests of the city, and consistent with mixed use development trends, and particularly, within the TODD district, to provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than solel the option of a unity of title for development; and, WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would provide the same safeguards, provided however, there project could be developed with multiple ownership, rather than a single individual; and, WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's land development code by providing options to the city, its residents and its businesses by providing alternative mechanisms for achieving the site plan protection the city desires; and, WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed amendments; and, Additions shown by underlinins and deletions shown by everst+ikifig 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 0 WHEREAS, the Mayor and City Commission desire to amend section 20 -8.16, of the Land Development Code to provide for either a unity of title or a declaration of restrictions in lieu of a unity of title for developments within the TODD district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -8.16 is amended to reads as follows: 20 -8.16 Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title required. (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within the TODD if any of the following conditions exist:_ (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two or more platted lots either abutting or located on the opposite side of a public right -or -way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. 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, the 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 repealed. Section 4. This ordinance shall be codified and included in the Land Development Code. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of November, 2006. Additions shown by underlining and deletions shown by everng. 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 3 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. 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