11-01-04 Item 6To: Honorable Mayor, Vice Mayor &
Commission Members
From: Maria Davis
RESOLUTION
Date: November 1, 2004
ITEM No. (9
RE: Adult Entertainment Consultant
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PROFESSIONAL PLANNING SERVICES; APPROVING A
CONSULTANT FEE FOR THE CORRADINO GROUP, IN THE
AMOUNT OF $5,000; CHARGING $5,000 TO THE GENERAL
CONTINGENCY ACCOUNT NO. 2100 -519 -9920; PROVIDING AN
EFFECTIVE DATE.
BACKGRODUND
The South Miami City Commission at its June 1, 2004 meeting approved on first reading a proposed
amendment to the Land Development Code that would permit adult entertainment establishments as a
permitted use in the City's industrial zoning district.
During discussion it was felt that before final adoption of the Adult Entertainment ordinance it would be
appropriate for the City to review a survey as to the number and location of adult establishments in
surrounding jurisdictions (up to five miles from the City's boundary lines). In mid June an RFP was sent
out and the local firm of Corradino Group, Inc. submitted a complete response to the RFP and estimated
that the work could be completed in 30 days.
It was estimated that the cost would be $5250. The City Commission at its June 8, 2004 meeting
authorized the City Manager to proceed with the study. The consultant presented the results of the study
to the City Commission at its October 19, 2004 meeting.
RECOMMENDATION
It is recommended that, in order to complete payment to the consultant, the attached resolution
authorizing payment of $5000 to the Corradino Group be approved and the amount shall be paid from
the General Contingency Account No. 2100 -519 -9920 with a current balance of $100,000.
Attaohmantc-
Draft resolution
Commission Minutes Excerpt 6 -8 -04
Consultant invoice
MD /DOD /SAY
EAComm Items\2004\1 1-1 -04\Adult Entert Pay Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PROFESSIONAL PLANNING SERVICES; APPROVING A
CONSULTANT FEE FOR THE CORRADINO GROUP, IN THE
AMOUNT OF $5,000; CHARGING $5,000 TO THE GENERAL
CONTINGENCY ACCOUNT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami, upon the
recommendation of the city manager, agreed to retain the services of The Corradino Group to provide the
City with a special survey of adult entertainment establishments within a five mile radius of the City; and
WHEREAS, the City Commission at its June 8, 2004 meeting directed the city manager to enter
into a contract with The Corradino Group to perform the above described study; and
WHEREAS, The Corradino Group presented their report to the City Commission at its October
19, 2004 meeting; and
WHEREAS, The Corradino Group has submitted its invoice for payment of services which is
attached to the resolution.
WHEREAS, the City Manager recommends payment of the consultant's fee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1: The consultant fee for The Corradino Group in the amount of $5,000 is approved for
payment and is to be charged the General Contingency Account No. 2100 -519 -9920 with a current
balance of $100,000.
Section 2: This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2004
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
\ \mcgrufflplanning \Comm Items \2004 \11-1- 04\Adult Entertain Payment Reso.doc
2. City Manager's Report:
a) Review of procedural matters in the. Police Department
relating to the investigation of the former Mayor.
-
Ms. -- Davis - explained that at the request of Commissioner
Wiscombe, she has reviewed the procedures involved with
investigations and the conduct of Detective Frank Gilbert. She
said that the question which was directed to her the most was how
can a detective bypass the Police Chief and go. to the State
Attorney without the Chief's knowledge. That is really standard
operating procedure for law enforcement officers and is common
place, and almost on a daily basis they are in contact with the
State Attorney's office to determine whether there is probable
cause and whether there is enough cause to arrest someone. She
said that she has discussed the whole matter with the Police
Chief, and based on the results of their inquiry into this
matter, she sees no basis for any.additional action on the part
of the City's administration. Ms. Davis then reiterated that
Detective Gilbert just followed standard protocol in this case.
b) Response to the Mayor's request relating to adult
facilities, identifying a radius to be studied.
Mr. O'Donniley said that this is a follow up on the
direction of the Commission from the previous meeting where the
Adult Entertainment Ordinance was approved on first reading.
Staff was directed to present the cost estimate for conducting a
study relating to the maximum number of establishments that could
be located in the City, taking into consideration the location of
these uses in surrounding jurisdictions. Staff concluded that the
estimated cost for conducting this type of survey would be
approximately $5,250 (70hrs x $75). Staff is therefore
recommending that the City Commission authorize the Planning
Department to utilize outside consultants, if necessary, to
assist in the field and research work.
Commissioner Sherar asked Mr. Gallop as to whether the study
would help us in lessening the impact on this issue. Mr. Gallop
said that the study would help in the event that the City decides
to restrict the amount of these establishments to be allowed
within its boundaries, adding that a five -mile radius is a good
radius to use. Mr. Gallop also.suggested that the study should be
conducted by someone who would serve well as a witness in case
he /she is called to testify. Commissioner Sherar opined that $75
an hour is quite high and suggested that a UM student might do
the job just as well.
Mayor Russell said that the future of the City's zoning is
at stake here and that the Commission has the responsibility to
REGULAR CITY COMMISSION 3
MINUTES - June 8, 2004
make sure that all our basis are covered and that we bring it
back to the Planning, Board and to the Commission for a final
reading.
Commissioner Wiscombe said to concur with the City Attorney
that this is a difficult issue and that an_ expert is _needed.
Vice Mayor Palmer asked Mr. Gallop how important this study
showing the number of surrounding establishments would be for the
City. Mr. Gallop explained that this would be very important in
order to proof that the City has allowed sufficient expression
for adult entertainment within a five mile radius. Therefore, he
said that he believes that it is relevant to see what exist in
Coconut Grove, Coral Gables, Pinecrest and Unincorporated Miami -
Dade County within a five mile radius.
Mayor Russell then gave direction to the City Manager to go
ahead and assist Planning in hiring this person so that we have
the process begun prior to our break, and then bring the
resolution with the expenditure back to the Commission after the
several weeks off. The direction was given to the City Manager by
acclamation with all the Commission in favor.
c) Parking Enforcement Contract Insurance Definition.
Ms. Davis, as a follow up on Commissioner Sherar's inquiry
from the previous City Commission meeting, explained for
clarification that a typo had been found on the Contract, (item
18 on page 4- of 16), where instead of `non- auto /insurance,' it
should read "non -owned auto insurance."
d) Update on the Shops at Sunset and the Valencia
Apartments tax assessment.
With regard to the Shops at Sunset, Ms. Davis explained that
staff went back to the Assessor's office and obtained the
statutes that Commissioner Sherar requested which dictate the
confidentiality of the financial records of the Shops at Sunset.
She mentioned that one of the major problems the Shops seem to
have is that they are loosing their anchor stores. They actually
have rent release going on for a lot of their lessees and they
were able to submit significant documentation to demonstrate that
their value and leases have dropped dramatically. Therefore,
their assessment for 2003 is going to be $93 million.
Furthermore, as the result of their review of the 2004
preliminary value, the Assessor is predicting that it will be at
a considerably lower level than the 2003 preliminary value.
With regard to the Valencia Place Apartments, and also as a
follow up of Commissioner Sherar's request for the statutes that
REGULAR CITY COMMISSION 4
MINUTES. - June 8, 2004
ENGINEERS PLANNERS ARCHITECTS CONSTRUCTORS
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D
Mr. Ronald D. O'Donniley, Planning Director
City of South Miami
6130 Sunset Drive
0 South Miami FL 33143
U
RE: Corradino Project No. 3508
Survey of Adult Entertainment Establishment
Professional services through September 30, 2004
THE CORRADINO GROUP
ARCH. LIC. NO. AA0002957
October 12, 2004
Invoice No, 01
eph M. Corradino, AICP
Executive Vice President
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i ar:,cY 'Y
4055 NW 97th AVENUE • MIAMI, FLORIDA 33178
TEL. 305.594.0735 • FAX 305.594.0755
WWW.CORRADINO.COM
LUMP SUMO
PREVIOUSLY
iAfV10J JNT DUE
',
TASK::DESCRIPTION F :.
FEE , ,
COMPLETE.
r z FE£ EARNED" ,
_ ,INVOICED
THIS I_IVOICE,_, - „'
Adult Entertainment Establishment - Survey
$ 5,000.00
100.00%
$ 5,000.00
$ -
$ 5,000.00
Total
$ 5,000.00
$ 5,000.00
$ -
$ 5,000.00
TC)TAL ANIOUNTDUE THIS
r ',
$ 5,000.00
,INVO]CE
„`.:'
_,a,..:
eph M. Corradino, AICP
Executive Vice President
v
h � ESL' a:L� •t J x o . si t. 3x.�� tYfmJ = bs S i.v.� _ :3 .. �. Cx BiLLED
i ar:,cY 'Y
4055 NW 97th AVENUE • MIAMI, FLORIDA 33178
TEL. 305.594.0735 • FAX 305.594.0755
WWW.CORRADINO.COM