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06-03-03� s CITY COMMISSION AGENDA City Commission Meeting Meeting date: June 3, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: June 10, 2003 Phone: (305) 663- 6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual 'fee of $125.00. This applies to all persons who are retained (whether, paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. ::.;.:. CALL TO ORDER: A. Roll 'Call: B Invocation C. Pledge of Allegiance D. Presentations) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - April 22, 2003 2. City Manager's Report A. Review of proposed terms and conditions contained in Snapper Creek Annexation Interlocal Agreement (oral report). REGULAR CITY COMMISSION 1 AGENDA — June 3, 2003 -, -- �� - B. Re- scheduling of FY 2003 -2004 Budget Workshop; and scheduling of a Workshop to receive Budget and Finance Committee's recommendations for FY 2003 -2004 (oral report). 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEXICAN NATIONALS; ENDORSING THE MEXICAN CONSULAR IDENTIFICATION CARD; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 5. AN ORDINANCE OF THE MAYOR AND: CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 4.4 ENTITLED "OFF- STREET PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS OR LONG - TERM LEASES PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st reading - May 20, 2003) 3/5 (City Manager) 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING' TO DEPARTMENT REOGANIZATION REVISING ARTICLE II OF THE CODE OF ORDINANCES ENTITLED "DEPARTMENTS ", BY AMENDING SECTION 2 -7 PERTAINING TO CODE ENFORCEMENT DIVISION; BY AMENDING SECTION 2 -8 PERTAINING TO CENTRAL PURCHASING; AND BY AMENDING SECTION 2 -14 PERTAINING TO A STREET AND LANDSCAPE DIVISION PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Wt reading - May 20, 2003) 3/5 (City Manager) 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AMENDMENT OF SECTION 13 -24` OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES REGULAR CITY COMMISSION 2 AGENDA - June 3, 2003 z^ze:-r — ,--,�. PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.(1st reading - May 20, 2003) 3/5 (City Manager) 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2 -26.10 ENTITLED - PARKING COMMITTEE, - IN ORDER TO CREATE A PARKING COMMITTEE FOR THE CITY' OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND 'PROVIDING AN EFFECTIVE DATE. (1st reading - May 20, 2003)' (City Manager) 3/5 9. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH MIAMI 'CODE 'OF ORDINANCES BY CREATION A NEW SECTION 15- 99, ENTITLED CONTROLLED PARKING RESIDENTIAL AREAS TO DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ISSUANCE OF SPECIAL PARKING PERMTS,UPON APPLICATION; PROVIDING PRIVILEDGES AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES,; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. (1st reading - May 20, 2003) (City Manager) 3/5' 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY - REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8- 99- 1682 -IN ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (`lst reading - May 20, 2003) 3/5 (Commissioner Wiscombe) RESOLUTION (S) /PUBLIC HEARING (S) 11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A REGULAR CITY COMMISSION 3 AGENDA - June 3, 2003 12^ l3^ � VARIANCE FROM SECTION 20-3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE 66.67 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED, AND TO ALLOW THE NET AREA OF A BUILDING SITE TO BE 9,316 SQUARE FEET, WHERE 10,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN uRS-3" SINGLE-FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7230-7240 SW 63PD COURT, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 7, 8, 9, AND 10, BLOCK 2, -SUNSET VILLAS- PLAT BOOK 15, PAGE 42; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE-FAMILY RESIDENTIAL DWELLINGS) ; AND PROVIDING FOR AN EFFECTIVE DATE. (Deferred from May 20, 2003) 3/5 (City Manager) RESOLUTION (S) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH SERRALTA � REBULL SERIG, INC. FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS - PHASE 1 CONSTRUCTION AT AN AMOUNT OF $136,024.50 TO BE CHARGED TO SOUTH FLORIDA, WATER MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001-0000-132- 2060; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER WITH T. J. PAVEMENT CORP. FOR THE MULTIPURPOSE CENTER ONSITE & OFFSITE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $8,714.90 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT ACCOUNT No. 001-0000-132-2055; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) I4^ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS IN MIAMI DADE COUNTY; SUPPORTING THE ELECTION REFORM COALITION CITIZENS' PETITION TO THE MIAMI DADE COUNTY COMMISSION TO MODIFY THE BALLOT PROCESS TO ENSURE VOTE INTEGRITY; PROVIDING AN EFFECTIVEiDATE. 3,5 ' ' THE BE ~I^~ OF SOUTH MIAMI, FLORIDA, _~~~-__G TO ATTORNEY'S _ REGULAR CITY ' oazmm AGENDA - avpo a, 2003 4 ' ' FEES; APPROVING PAYMENT OF ATTORNEY'S FEES FOR JAMES D. STOKES IN THE AMOUNT OF $1,277.50 FROM THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 4/5 (City Attorney) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $879.65 FROM THE CASH RESERVE FUND PROVIDING AN EFFECTIVE DATE. (City Attorney) 4/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES`; APPROVING PAYMENT OF ATTORNEYS'- FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $18,543.54 FROM THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. (City Attorney) 4/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $3,826.80' FROM THE CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 4/5 (City Attorney) ORDINANCE (S) FIRST READING (S) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENTERING INTO A NON- EXCLUSIVE GAS' FRANCHISE AGREEMENT WITH NUT UTILITIES, INC. ALLOWING FOR THE USE OF PUBLIC RIGHTS OF WAY OF THE CITY OF SOUTH MIAMI, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE, 3/`5 (City Attorney) 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 REGULAR CITY COMMISSION 5 AGENDA -!June 3, 2003 TO CONTINUE BE GRANTED BY _A MAJORITY VOTE OF THE COMMISSION. ff COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL- ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED; AT ITS MEETING OR 'HEARING, HEAR 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 CONSTITUTES 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 AGENDA June 3, 2003 To: From: ruben gatto 305- 267 -1383 06/02/03 12:16:56 Page 1 of 2 Sent by the Award Winning Cheyenne Bitware R ulrn w GatCo- produc�.~ dffi4&': 2121 Re&!Zoa&Ave: TeL 305 -267- 0163 Coral,gab&k, A 33155 Fad 305 -267 -1383 rna.;.L: r'u.%resvtdtfC�3�'ub:ne� Miami 6/02/2003 Senor. Horacio Selau Alcaldia de la Ciudad de South Miami Por medio de la presente, me es grato saludarlo, y esperando que al recibo de esta se encuentre muy bien Asi mismo to quiero felicitar a Ud, y a su cuerpo administrativo, por lograr el opoyo de su comunidad, la cual ha sabido reconocer el trabajo emprendido por su administracion. Como representante del destacado compositor, poeta y periodista, Sr. Rafelito Marrero, es un gran placer para mi, solicitar se le declare "el 2 de Junio como "Dia de Rafelito Marrero" en la Ciudad de South Miami" por su destacada y exitosa carrera artistica. De acuerdo a to conversado con Ud., me es grato sugenrle to siguiente, referente al escrito de la Proclama PROCLAMA La ciudad de South Miami, en manos de su Alcalde, Sr. Horacio Selau, hace entrega de esta Proclama al destacado Compositor, Poeta , y Periodista "Sr. Rafelito Marrero" El cual honrra a nuestra ciudad y a la comunidad en General, por sus destacados logros en el arte, y por su extensa y exitosa carrera Artistica. To: From: ruben gatto 305- 267 -1383 Sent by the Award Winning Cheyenne Bitware 06/02/03 12:17:32 Page 2 of 2 Es un gran honor para nosotros contar con tan destacada Personalidad, y que sus logros sigan engalanando nuestra bells Comunidad. Declarando el 2 de Junio, ` como "Dia de Rafelito Marrero" Felicitandolo una vez mas, y esperando que dicho material sea de vuestro interes, y poniendome a su entera disposicion, me despido de Ud., muy atentamente. Ruben A Gatto Manager 2121 Red Road Ave. Coral Gables, Fl 33155 Tel: 305 -267 -016 3 Fax: 305 -267 -1383 e -mail: rubendg@stis.net 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND .CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO S MEXICAN NATIONALS; ENDORSING THE MEXICAN 6 CONSULAR IDENTIFICATION CARD; PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the Mexican Consular Identification Card is issued to Mexican 10 nationals residing in the United States who furnish sufficient proof of their 11 identification and have resided in the United States for at least six months; and 12 13 WHEREAS, law enforcement has been unnecessarily burdened because 14 Mexican nationals as well as other foreign nationals have been fearful of 15 cooperating with law enforcement personnel, and reluctant to report crimes 16 committed against them and 'other persons because they lack proper identification; 17 and 18 19 WHEREAS, the local' and state governments throughout California and the 20 country, spend hundreds of thousands of dollars annually paying for time 21 expended by the police in identifying foreign nationals who have been detained; 22 and 23 24 WHEREAS, the Mexican Consular Identification Card contains various 25 security safeguards that prevent falsification or identity fraud; and 26 27 WHEREAS, for these and other reasons an increasing number of local 28 governments and agencies in California and throughout the country have decided 29 to accept the Mexican Consular Identification Card; and 30 31 WHEREAS, the California Legislature on August 30, 2002 passed a 32 resolution endorsing the use of the Mexican Consular Identification Card for the 33 purpose of identification of Mexican nationals; and 34 35 WHEREAS, the City of South Miami endorses the use of Mexican 36 Consular Identification Cards in the State of Florida. 37 38 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 40 41 Section 1. The City Commission hereby endorses the Mexican Consular 42 Identification Card for the purpose of official identification of members of the Additions shown by underlining and deletions shown by everstr-iking. I Mexican national community that reside within the state of Florida and across the 2 United States. 3 4 Section 2. The City Clerk is directed to provided a certified copy of this 5 resolution to Mr. Jorge Lomonaco, Consulate General of Mexico. 6 7 Section 3. This resolution shall take effect immediately upon approval. 8 9 PASSED AND ADOPTED this day of 2003. 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Feliu: 18 Vice Mayor Russell: 19 Commissioner Wiscombe: 20 CITY ATTORNEY Commissioner Bethel: 21 Commissioner McCrea: 22 Page 2 of 2 FAX Miami, Florida. May 19th, 2003 o: Horace G. Feliu Mayor of South Miami From: Jorge Lomonaco Consul General of Mexico Pages including cover 7 Fax No: (305) 663 -6343 Per our conversation, I am, sending to you the resolutions of the "Matricula Consular" Best regards, is Y,�w.,7tn41;Wis„ )t�;1tr�6 ;i Pttq Cc�i�x ++n�'Ik1ui?`Ytd�e'.tar�.tw Ni�r�a �Axi!3�a�a1�11 ' • m )l e. '•f'( 'G i�1.Y9u� ' .1�6 y�L,j.+Iy'r- +�ti+�i t7 oq 'I,LyC��W w. "k��t�k. t� 1M�� °1e i 1r�y1 run .r�, � ,tilF+ l i74 W4JL'a P. FAY v "I 1F �1'1,IRS /, ND •�'A3 'Yq`,'II.AY i• i ��tr1RF�� 4' S'171I �� 11� "7#RICIJ�. CI�IS'�TT N11�U1 �!GI 'A7`IQ1� Ek C) iY[7X(7 �tS BOO wlA„1IN'[`L,f+'T"aON � **,��y' IiA '�11�IIL0.U: ��ya+'h�'i. IrI � GC'CCEt�:' cell: �'�'�'V� C1C9 'Q�i9'�C�.I 14�, �'f0��'�ry�yG, �e�'�y� �i�' 1' 1� .IS�SY�u��if1�S�.'F'�lii�lb�"h EI�I'•l�l,� k7.e tT�LTd. �iki�l�Y' y�ildi' l�i� '�6i�ir:ulFrl�ib'�'C1�1.',;i%d, tr�c>rl�y�d n{$CI4Ce, [e "" dCkuyz4tit dnmE.", "��IM a 0 % bhp�fcRt�xi�cr�s�lat�,its� vm4hd tx a t> A t tal lir rNcrn t�rr>JS� c ii dt 3e4e t v h parr uj�ytylg b'd 12C N ah ° +�ttatlt: tas�dipamp *von, r A* a rEtYseesdm�cti 1lTmIU gyc,�•. mams�a rk ► ��11Wtt d�u acgnwl c -ti. itinW 77�tec11><,:i�l>,9 %tf�atptll�'�cirltittet�� ti��Ytl$1'�k.�ta'Clblk�rtrot%r cgt°ll th;bc�'cta��4•ase ' ; f��ot` i��rtti�£ ia�: t�Y�E��f ia' l�s` btti�De��t' �t'.' � ;Cr�i�rreti��C`itJftq:!�tmannt.. !• ' 'Jtlr� "i�tttiGftc�tl�c��t45uln�'' Csti�1'r�' a F,dn�n r�Cwrmsvl'as tdat�E�i�nlmo'�>,gstid�l �. tlt�` . govcrnlnien trC,l TaK C) to ifs txs ta?stigi�q €�rfri 1�1eiatl,,tl2aOttpl�dGrlCd�a0J1 alYlgi st(�arCh cat cbtc.ac ozll n Girctdl: alenkitic 45�n 7 C Wtt `t"v't1(L�k �"oYf9ty �*Cr sr�t oho ph'r�tw�ra�int, �.i1c�>i ttSiraCicitt 'car e'h��li��'flA'y'�i�,g �'t4�' ��4' �16`l� tttrrttr�. cltrte •a,�'Is��tl� a��, CT � � .' �u9ciry f3;, 1x1 r±�: r: '1�t1 fbr CWa (5) Ycat'c, iXox atal�li,� 4ttxea �,csr iss fhb ytaintlr�t61t6 staalzk MIly� ® acelsti' aian�t�: tA�strsliar��cid4itjadlk�Exti�StFt��r k�7r"tc�klf�cltdv+ c 1r,'=6ly asocp a ttrrbt n c'v>y,�:9rai t5sa;6 cat � Y 4 i t1 Ira- C lIu ttrsit br '. ' �a�tsllxtit�a�ll�i drv'�arinsa vt�il� �YtNatclb� MW rN,cr,J�l•:rJbms�zl� aclt+ti(i�ivatlgfiby�ii� 1��5iL�oks• �F�TtjTrti�! �+* RdF��, C�G�C! 1�Ck�t @�li`br�lC�4'� :'tY,�'�1�, I i ^i; ,cturt(,,:a�d �iy a�e�rbi�es, tin:ylht�5rv� lti� Payt�cn:�c�r,�'6niens �tl�� 'p CACI't�Cil 5 (� C YdS� �� 1VCFi%l'i�1�` ��•.I •�. . ;I, ,: 4 MAY o 6 2003 ?�� . • ��v, i�5�l�x �'�)tal� �artl..i�� c,aubr�t�ri�;�r 44�Eit�;�a�.�tati� �it�a!scs'w�e1'e. y� . Gy; ,' , h %a��. or sE�t�r�,ta�hsR�y cn a8'>•�� {�II��1��c�iat��l�a: nr• f � {'�LAC�'L�V"d,�•bi `�+i7L11�+,,�L�C't,151i'�R xOC�,U�GCS "�b.�tirl��tb d�ihTn d�'�C (, 4di. �T��` Ct1hL :°ii�`tTLIL�T�aCdt�ISflj;idt" � . A Several ar sE�1C �tatu d:�r �t7eitU §h3Cl�c,i filt"d httlot• tlistc��,�+e, �rccrn;pts.iaeat;>;cgn�aiirnt d11Y�l��l��at�p►s ' 1 tL mit- esa tits, a 'tbe 6 L d�]iil: vn UVtrdo d�mapl u�1a,:ro Cb1{L�t�ldi) 1�t1 1(J ��,�� Q, GP99ii1;rl 15U1 =Yt �Ilfl:' �CCTI "Z7y c ;O, d �� T 11tWf.kCf� {1f1 tl�� l�t� 2fJ[18 ?CLb'C311�Q17 O�11bI (jIC,CV (( . s; T Icy TIG4ii,�� r� �I�tCrVC attghro� orgt�er �t1Ct�:•fL`L�' (E wLYut�� ai�lirl �;` • a G!] ¢r.pritnane #� t� fit7, 1 { Cegpl��u�1t�3fes, " . saC�9: (. i�tc�ts i�. ��ctsbCoiy��14�rc�o� ;YZrl�f�nt�f3rtiiat�est�m,au�. • f�r �}. Vs�l1�•:�tdJ�,,C�jSI�i'i,$� E��rti�l�r�Y��c +nt�at��rk>xt5n�e^tm�•er ctrarnsrn�ce�>, n Cgplfm Fxtnt �r ancyr.3so F. ` � 11r1�'�'4�1' [Bann, 9 "u�IYP`hu.u4 � 1`c1lrlx3;�n)x', R 1'��4VIT�e4'(717�CY�J � `i• t1�is1�C�l�s. �:: �) �sf��C1�tcltiti�auaYde ►�r'.iC"��:�tko.n'.cr��d {ti . T,'tyi� }`'7�ticlttt',i�'c �7� �0�1,�' -�:.4 al'fdc'taw�t�,is rei, �• pa',' i MAY 0 6 243 - -�-n?� r- • =[";a' �. , , . °r . ,,. , m�,� , �;,.3w. x .- �,�..� :m� „ ;��.- h a..�; - ��p.�^^� - �+^� :�a. -mss ��^.; , ,� .-�� .;��-�c .. ,� MEMBERS OF IME BOARD Chair MVE BENNETT Fp,W SCHILLO KdkTtff I. LOM. JUDY MIKELS SUPIERVISOR, FIPPTH �01M HOARD OF SUPERVrSORS IBM 467$931 FAX NO. (IIMS) 467.7692 COUNTY OF VENTURA E -Will: �ohtl,4ynn� melt ca.vent� cq -u� 60MNMW CiNTEIT. HALL Or AWINlsMATION. L #Me son SOUTH vWWRIA; AVENUE, VaNTURA. CAWFORNtu SM (MaIN119 Addmas) 2M SOUTH SAUIEIfiS WMQ, 2"d FLOOR, OXNARD, CALIFORMA 9= (L9011an Adamovf October 22, 200 Board of Supervisors County of venwra 300 South Victoria Avenue Ventura, CA 93009 SUBJECT: ACCEPTANCE OF TOR MEXICAN CONSULAR TDEN'AITTFICATTON CARD AS VALID YDEICfTMCAT10N FOR MZMRERS OF THE MEXICAN NA77ONAL COKMJNTTY`BY THE COUNTY OF VENTUIRA �tMMENDATT�N: ri is ncammended that: I. The Board of Supervisors accept tha Mexican Consular Ttiontifi aitrom Card. Otherwise: known im the - Matlrieuis Consulv-,% assn nffiaia:l fbrm of ids rtMcation for members ofttrt, Mexican national aomnrwltit�r. The - Mexican Consular Identification Card was Grit devised by the Mexican Gove mment in 1870 to maintain and facilitate contact with Mcxicen nationals residing in the United States. Remtf►, the Mexican Government, acting through the FoMgn Ministry, has intensified its effort to encourage the acceptance ofthis document by local and state governmem throughout the United States. As `a result of this .effort. which is being carried out by the various Mexican Conaulatel , numerous local ,governments and agenc10 in CaliforNia rend around the country have agreed to accept he Wavi,cule Conwlar" ItR official idamirication, including th- a CityofLoa Angeles, the County ofLos. Anplea, the City and County of San Franciseq, the City oroaid&4 true County of Salts Clara, and many lave enfbrcemant sgencica. FerhRps the most Imponalit endom meat of this doratment so feria its recast approval by the Califbm. is I egislatut'e in the Sarmr of ACR 229 an August 30, 2002, wherein both houses expressed approval of the maxi-can Consular TdentifleWon Cant for the pur'powof identif catiat'a Hoard of Supavisora October 22, 2002 Pages Two The increasing acceptance ofthe "Matricula Ccrosular" is plainly no accident. ;given the dbmands ofustionO security aft 5eptemtber 11, 2001, amt given the demands on lawn enforcement as it seeks to keep the pt= and protect the American public. The nespoodbiiities of those who protect lawn abiding citizens and residents era greedy complicated by their inability to readily, identify immigritnts not in pasoeeasion of prosper Il),'fbr obvious reasons. Precious time is >wractcd by law enforcement while attempti ng to idemify foreign rartiortsls drat have barmy dotsined, acrd while invWigating Crimes involving di ectly► or indirectly ftse foreign ns6onals few tl orcooperating with low enfiercrment simply becauw they lack "tab le iderrtiFlcation. The,acocomme oaf the 'MabieeulaConsulaf" by the County of Venture and, other jurisdictions is a laoicsi two in the right direction, anid helps to alleviates problem more burdensome and problem do AM is n=essvy to protect the public welfare. Perhaps Most importantly, we should not end cannot neglect the real iimpact an the fives afthe hardworking immisranta that have given so much to their adopted countcy. By allowing t1telruse of the ftbwicula Consular" as official ideadocation, the county of Vantum woWd permit them to live their lives without undue hwwaasment or concern about lacking proper M sled the possible consequcnca, rand would allow them to open up frank accounts and to cuh checks and tend to other mundane tasks that the tm.-af es take l'or ,granted. The lageer community would therefa %smatly benefit and so would the bears ecornamy. In point of W. it should be noted that dw largo banks in California am already honoring the "Matriwk Consular" and that millions of dollars have been deposited with these banks by parsons -u'ti'lizing this identification. l udbermorre, it should also be wed that the "NUtricula Consular" is only given to applicants who can provi& an original birth coWifime and photo TD card, or an election 'card or passport, and have resided in the i pined Stites for six months. The "ildatryc uls consuise, contains various security safeguards Nhat gum against fiid, it does not allow their users to obtain government baneft drat they are not entided % dogs no rester their legal status and draa not allow thorn to avoid possible unseat: by the TNS. Tam therefore urging the Dowd of Superaisera to endow, the Mexican Consular Iderrcifiratron Card for the stated reasons, and because its acceptance as offIcial identification is ryes. only Bound public policy but also mitkgo common ruse Sine !� LYNN, au+d'of Supertrisan Altachmerrts A RESOLUTION OF TRIO VENTURA COUNW BOARD Of SUPERVISORS ENI)ORSING THE MEXICAN CONSULAR fDENTIhIC"ATION CARD Wh -ems, the Mexican Conwlar Identification Card is issued to Mexican nationals residing in. the United States who f6mish sufficient proof of their Identification ud haws resided in the United States fbr at least six <months: and Whertiu s, law enforcement hu been urmwmasariiyr burdened because Mexican nationals as well as outer foreign nationals have bars fearful of cooperating with law enforcement pem oriel, atd.roluctant to newt crimes committed against them and other persons because they Iack proper identification; and Wkeress, local governments throushout Csliro is a9 well as the state government itswaf, spend hundreds ofthoumils oNolftrs armuelly paying for time expended by the police in identifying, foreign nationals who have been detained; and Whereat, the 1Ml'exicari Consular Identification Card conuins various securitysafat3uards that prevent falci fication; ad W hems for thae and odw rowns an increasing number of local govimments and agenciaa in California and thmghout the vountry have decided to accept the Mexican Consular Identification Card sntl WlkMago the Crti brnia Leg slsture on August 30 20M passed 'a resolution endorsing the use af.tlhe Mexican Consular Identificadort.Card for the purpose of dentifccation of Mexican nationals. Naw, themfara, be it r sWved, that the Board of Supervisors of the County of Ventura,- hereby endorses the Mexican Consular Identification Curd for the purpose of official identification of membm of the scan t iional' community. c, On motion of Supervisor seconded try supervisor the fGMPino Resolution was passed and adopted on a;L-" 2002 tsn ATUST: JOHN f. JOWSTON, an, board of UFe rsors Clark ofthe Board of Supwv sork Cownty of'trentura, State ofCalifarnia eputy CiL�r c of the Board ..�.:., n.`'w. r . ,.;7, ", *T .use 'ti��l��ayy!!,l�g'w� ■'v W A !�Y.7'�'■W 7M/IT� l�� 'M• I�L . ,�p� M rte, �/..,,�,y ',��I�, �I TMN�'py,� y Y�If�1101t �'1k•■ , �1: i37.�if�t �, � ��!��[�.1F *.OY+'�(� yµy lMfp/.,!, ,�I;tl!yp�'r',`N�y.7 ".�llrriy�■{ .� �.'.p IC:'. 66", '�iWi� , r r N q�'�i■�i1i �'1'di�l'Inr1►L IlA1' � .1 u • R I, is "" I I 1 . >r' �'�4►°�r � � ' �6; �. T' � `.'�•,grl�'�Ipq�dk�''�W�,�r•�i' �,�""` Rte a, �r�rays� e:�,:.FW -T 9,1 ; 1 SO LIVE VE .. �b �p•g"�Y�,':�" ,'a ,�r�`rf�":'�"U�I�� i l�r i,;'�O��J' ,�� `�' 4�Q�IAI'IDi'�1�"� �dG��a �,i%I�: •`'t�;�t?s��tr!,�!ilil�i�g� cad I "''�`� .>at��l� �u ..,� ,,,., s �1'�i o vi I % "►', ,....., «w Fir'■'• `•.w Al MAR 2 ILA 2003 of s° U T� South Miami All- AmericaGily "..` INCORPORATED 1927 CoR19a- 2009 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: June 3, 2003 and City Commission 90000 From: Sanford A. Youkilis Re: Agenda Item Acting City Mana er LDC Amendment Off Site Parking Requirements ITEM: PB 03 -005 REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 =4.4 ENTITLED ; "OFF - STREET PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS OR LONG -TERM LEASES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Section 20.4.4 of the City's Land Development Code currently contains regulations addressing "Off- Street Parking Requirements," and permits spaces located off site to be counted towards required parking where certain conditions are met. Within South Miami this has most often taken the 'form of a business owner contracting with another nearby property owner to lease parking spaces in order to meet zoning required parking requirements. For example, a new restaurant' in downtown South Miami might contract with the First National Bank of South Miami to utilize some of their excess parking in a nearby parking lot, in order to provide the required parking for the restaurant.: This has been the case in for a small number of restaurants downtown. The LDC regulation addressing such off -site parking arrangements specifies that there must be a covenant, in form and substance satisfactory to the City Attorney and City Commission. However, no property owner in South Miami has ever been willing to sign over a portion of land in what is technically known as a covenant on the land. Rather, they have accommodated the request for parking by enacting a long -term lease with the applicant. Leases of this nature have been for a period of from two (2) to ten (10) years, with the Planning Department encouraging the longest -term leases possible. Of course, if any of these leases lapse, the applicant would be required to replace the parking spaces with spaces on another location, or face the removal of their occupational license for part or all of their premises. Proof of off- -site parking is required each year at the renewal of the occupational license. LDC Amendment Off -Site Parking June 3, 2003 Page 2 of 2 Recently, as a result of an off -site parking arrangement proposed by an owner of an office building, 'a nearby resident raised questions and sought to challenge the City's application of the off -site parking regulations. At the advice of the City Attorney, the attached' proposed ordinance was drafted, in order to clarify that the provisions of the regulations may be utilized by either a covenant, easement, or long -term lease. This will codify the City's existing practice, and clarify that a long -term lease, of form and substance acceptable to the City Attorney, may be exercised to take account of this provision. On May 20, 2003, the City Commission approved the ordinance upon first reading, with the modification that City` Commission approval of form and substance be left in the ordinance. The attached ordinance has been revised to reflect this change. RECOMMENDATION APPROVAL of the revised Ordinance upon second reading public hearing. Attachments: Draft Ordinance Planning Board minutes RGI�L K: \Comm Items\ 2003\ 06 -03 -03 \LDC Amend off site parking Report.doc 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 6 SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 7 20 -4.4 ENTITLED "OFF - STREET PARKING REQUIREMENTS," IN 8 ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA 9 FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS 10 OR LONG - TERM LEASES; PROVIDING FOR SEVERABILITY 11 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City's Land Development Code currently has regulations addressing "Off 16 Street Parking Requirements," and permits spaces located off site to be counted towards required 17 parking where certain conditions are met; and, 18 19 WHEREAS, the section of the Land Development Code addressing such off -site parking 20 arrangements specifies that a covenant in form and substance satisfactory to the City Attorney 21 and City Commission, and, 22 23 WHEREAS, the City Commission desires that the regulation be clarified to ensure that this 24 provision may be utilized through a covenant, an easement, or a long-term lease; and 25 26 WHEREAS, a public hearing regarding the proposed amendment was held by the Planning 27 Board April 29, 2003, at which time the Planning Board voted 7 -0 to recommend approval' of the 28 proposed amendment to the City Commission; and 29 30 WHEREAS, the City Commission desires to accept the recommendations of the Planning 31 Board and enact the aforesaid amendment. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. That Section 20 -4.4 entitled "Off-Street Parking Requirements," of the City's 37' Land Development Code, is hereby amended to read as follows: 38 39 40 (F) Location and Ownership of Spaces. 41 42 43 44 (2) Spaces located off -site. 45 46 Page 1 of 2 °r^- ,r:"°., 1 2 (c) Off -site parking spaces shall be on land either held in common ownership with the lot 3 on which the principal use will exist under a unity of title insuring that the required parking will 4 be provided, or as a condition of the issuance of the building permit for the principal use, the 5 owner of the off site parking shall record a covenant, easement, or long-term lease in form and 6 substance satisfactory to the city attorney and city commission providing record notice of the 7 commitment of that land to parking purposes for the principal use. If at any time sueh off: site 8 parking ceases to be under the same ownership or control as the principal use or ceases to be 9 used for parking` for the principal use, the certificate of use and occupancy for the principal use 10 shall be subject to revocation by the city manager, after notice and hearing. 11 12 13 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 14 ordinance are hereby repealed. 15 16 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 17 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 18 the validity of the remaining portions of this ordinance. 19 20 Section 4. This ordinance shall be codified and included in the Code of Ordinances. 21 22 Section 5. This ordinance shall take effect immediately at the time of its passage. 23 24 25 PASSED AND ADOPTED this day of , 2003 26 27 ATTEST: APPROVED: 28 29 30 31 CITY CLERK MAYOR 32 33 34 1 st Reading 35 2nd Reading - 36 37 COMMISSION VOTE: 38 READ AND APPROVED AS TO FORM: Mayor Feliu: 39 Vice Mayor Russell:` 40 Commissioner Bethel: 41 Commissioner McCrea: 42 Commissioner Wiscombe: 43 CITY ATTORNEY 44 45 NOTE: New wording in bold, underlined; wording to be removed indicated by S*�-dffetl 46 K: \Comm Items\2003 \06- 03- 03 \LDC Amend off site parking Ordinance revised.doc Page 2 of 2 MIAMI DAILY BUSINESS REVIEW 71 ANEW, . Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the CITY OFSOUTIt UMAI SUPERVISOR, Legal Notices of the Miami Daily Business NOTICE OF PUBLIC HEARING r Review f/k/a Miami Review, a daily (except Saturday, Sunday = ai id Legal i•Sol.days);n,ewapapsr, published at Miami in Miami -Dade NOTICE IS HEREBY given that City Commission of the City of South' County, Florida; that the attached copy of advertisement, Miami, "Florida Neill conduct "a ,Public Hearing during its , regular" City, being a Legal Advertisement of Notice in the matter of Commission meeting Tuesday, June 3, 2003 beginning at.7:30 p.m., in' the City Commission Chambers; 6130' Sunset Drive, to consider 2nd'' Reading of the foliowing described ordlnance(s): CITY OF SOUTH MIAMI - PUBLIC HEARING 613/03 ORD. AMENDING SECTION 20 -4.4 ETC. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION ' OF THE CITY OF SOUTH MIAMI FLORIDA IgL&ING_TO in the XXXX Court, THE _CIT,Y OF SOUTH MIAMI.LAND DEVELORMEfJT:CODE, was published in said newspaper in the issues of AMENDING SECTION 20.4 ENTITLED `OFF- STREET PARKING REOU{REMENTS M ORDER TO CLARIFY AND 05/23/2003 ADDRESS P10CEDURES,,AND CRITERIA FORLLAPPROVAL OF ;OFF.SI7E PARI4ING „COVENANTS EASEMENTS OR LONG -TERM LEASES,: PROVIDING .,EOR..SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; `AND PRO Affiant further says that the said Miami Daily Business VIDING AN EFFECTIVE DATE,;(1st reading -.May 20; 2003) Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has AN ORDINANCE., OFT-HIE” MAYOR AND CITY OOMMISStON heretofore been continuously published in said Miami -Dade County, OF THE ,CITY ,oF, "SOUTH MIAMI Fk.ORIDA; REl ikmG'TO } Florida, each day (except Saturday, Sunday and Legal Holidays) DEPARTMENT ' REOGANIZATION; REVISING ARTICLE II OF and has been entered as second class mail matter at the post , THE CODE'OF, ORDINANCES ENTITLED'DERARTMENTS office in Miami in said Miami -Dade County, Florida, fora BY AMENDING SECTION 2 -7 PERTAINING TO CODE EN period of one year next preceding the first publication of the FAINING O DIVISION; BY AMENDING SECTION E .PER- TAtNiNG TO CENTRAL PURCHASING; AND BY AMENDING . attached copy of advertisement; and affiant further says that he or SECTION 214 PERTAINING TO A STREET AND LANDSCAPE she has neither paid nor promised any person, firm or corporation DIVISION ,PROVIDING FOR SEVERABILITY, `ORDINANCES any discount, rebate, commissi or refund for the purpose IN CONFLICT, AND AN EFFECTIVE DATE. "(1st reading -'May Of securing thi advertis nt for ublication in the said 20, 2003) newspaper. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF' tHF-, CITY OF SOUTH MIAMI,-FLORIDA RELATING TO THE AMENDMENT OF SECTION 1 "3 -24 OF THE CITY'S CODE: OF ORDINANCES "SCHEDULE OF LICENSE TAXES' BY IN Sworn to and subscribed before me this CREASING TAK RATES PURSUANT TO CHAPTER-205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; 23 day of MAY , A.D. 2003 \ PROVIDING FOR ORDINANCES IN ;CONFLICT; AND, PRO - 23 AN EFFECTIVE DATE (1st reading - May20, 2003) AN ORDINANCE OF THE MAYOR AND. CITY.COMMISSION r� OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO THE CITY OF SOUTH MIAMI CITY CODE,'CREATING SEC: (SEAL) '�. TION 2- 26.10 ENTITLED *PARKING COMMITTEE,' IN ORDER ,� 0 P7 UFFlCIALNOTAxtYSF.M. TO CREATE A PARKING COMMITTEE FOR THE CITY OF O � CNMYL N MARMFER O.V. FERBEYRE per a me SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVID- ING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN GC931156 EFFECTIVE DATE..(Il streading May 20,2003) ®F f4.0 �PdOl�fiAISMON EXrPRES - -- — - -_ — - APR. 4 2004 sou�xl CITY OF SOUTH MIAMI South 1- . i Excellence,, Integrity, Inclusion • InCORRORASE6 • Ir+ 1827 O C p R x V 2001 TO Honorable Mayor, Vice Mayor DATE: May20, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager RE: Occupational License Taxes ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAIVII, FLORIDA RELATING TO THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Chapter 205 of the Florida Statutes allows municipalities to increase` Occupational License tax rates every other year. During 1995 the City Commission appointed several representatives of the of the local business community and established an Equity Study Commission which recommended a "SCHEDULE OF LICENSE TAXES ". On September 19, 1995 the City Commission adopted an ordinance including license taxes consistent with the recommendations of the Equity Study Commission. The City has experienced increased costs in the processing of license applications and collection of yearly fees. In the past Code Enforcement did a once a year Occupational License sweep. Now this is continuous operation carried out jointly by the Building and Finance Departments. This ordinance proposes the 5% increase across the board allowed under Chapter 205 of the Florida Statutes. RECOMMENDATION Approval is recommended. Attachments., SAY/RL ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES BY INCREASING LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 19,1995 the City Commission of the City of South Miami adopted Ordinance No. 14 -95 -1587 including a "SCHEDULE OF LICENSE TAXES" regulating the classification of businesses, professions and occupations and establishing rate structures for Occupational License Taxes; and, WHEREAS, 'Chapter 205_ of the Florida Statutes provides that municipalities and counties may, every other year, increase by ordinance the rates of local occupational license taxes by up to 5 percent and, WHEREAS, The Mayor and City Commission desire to amend the "SCHEDULE OF LICENSE TAXES" by increasing all occupational license tax rates by 5 (five) percent. NOW, - THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article I, Chapter 13, Section 13 -24 of the City's Code of Ordinances is amended by increasing all rates included in the SCHEDULE OF LICENSE TAXES" by 5 (five) percent as indicated in the amended "SCHEDULE OF LICENSE TAXES" attached to this ordinance. 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 everst iking Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect on October Ist° 2003. PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY CLERK MAYOR 1 st Reading 2nd Reading COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: CITY ATTORNEY Commissioner McCrea: Commissioner Wiscombe Additions shown by underlining and deletions shown by evefstfiking. -_ rte._ SCHEDULE OF LICENSE TAXES Individual uses are listed in the "Permitted Use Schedule ", included in the Land Development Code. 1. RESIDENTIAL USES (Apartments; only) 100 Up to 5 units $82.69 $86.82 101 6 to 50 units $143.33 $150.50 102 51 to 100 units $0 $231.53 103 101 to 200 units $3 $289.41 104 201 or more units $330.75 $347.29 2. PUBLIC AND INSTITUTIONAL USES 201 Up to 1,000 sq. ft. $110.25 $115:76 202 1,001 to 3,000 sq. ft. $165.38 $173.65 203 3,001 to 10,000 sq. ft. $220.50 $231.53 204 10,001 sq. ft. and over $264.60 $277.83 3. BUSINESS AND PROFESSIONAL SERVICES 301 Sole proprietor $143.33 $150.50 302 2 to 9 employees $220.50 $231.53 303 10 to 24 employees $303.19 $319.07 304 25 or more employees $38 $405.17 4. RETAIL AND WHOLESALE TRADE 401 Up to 1,000 sq. ft: $-13 $150.50 402 1,001 to 2,000 sq. ft. $20.50 $231.53 403 2,001 to 5,000 sq. ft. $388 $405.17 404 5,001 to 15,000 sq. ft. $55i.25 $578.81 405 15,000 sq. ft. and over $826.88 $868.22 5. TRANSPORTATION, WAREHOUSING & COMMUNICATIONS 501 Minimum rate $220.50 $231.53 502 ; 10 to 25 employees $4$:96 $260.46 503 26 or more employees $2 $289.41 504 7,500 to 20,000 sq. ft., an additional $27.56 $29.94 505 20,001 sq. ft. and over, an additional $55.13 $57.89 6. MANUFACTURING & INTENSIVE USES 601 Minimum rate $248.06 $260.46 602 7,500 to 15,000 sq. ft: $275.63 $289.41 603 15,001 to 25,000 sq. ft. 0349 $318.35 604 25,001 sq. ft. and over $330.75 $347.29 7. COIN OPERATED MACHINES 700 Each machine $33.08 $34.73 effective' 10 /1/03 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and ANOW i, Legal i Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA. COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the CITY OP SOUTH MIAMI SUPERVISOR, Legal Notices of the Miami Daily Business NOTICE OP PUBLIC HEARING Review f/k/a Miami Review, a daily (except Saturday, Sunday ai +d Legal I'o„ days) n ewspaper, published at Miami in Miami -Dade NOTICE IS HEREBY given that the City Commssion of the City of South' County, Florida; that the attached copy of advertisement, Miami, ,Florida will .t 6ndu6t a Public Hearing during its regular City' being a Legal Advertisement of Notice in the matter of Commission meeting Tuesday, June 3, 2003' beginrdng at.7:30 p.m., in.' the City Commission Chambers; 61,30 Sunset Drive, to consider 2nd' Reading of the follovnng descnbed 6Mlnance(s) CITY OF SOUTH MIAMI - PUBLIC HEARING 6/3/03 ORD. AMENDING SECTION 20.4.4 ETC. AN ORDINANCE OF7THE•MAYOR AND CITY COMMISSION OF;.THE CITY OF SOUTH MIAMI FLORIDA: RELATING TO a in the XXXX Court, THE CITY O,F,SOUTH MIAMI "LAND DEVELOPMENT•CODE, was published in said newspaper in the issues of AMENDING' SECTION 20.4 ENTITLED `'OFF- STREET PARKING REQU{REMENTS" 1N ORDER TO CLARIFY AND 05/23/2003 ADDRESS P CEDURES AND CRITERIA FOR APPROVAL OF,; OFF -SIT PARKING ,COVENANTS ,EASEMENT _, OR LONG-Y; PROVIDING FOR ORDINANCES IN CONFUCT'AND PRO Affiant further says that the said Miami Daily Business VIDING AN EFFECTIVE DATE. (1strgading - May 20, 2003) Review is a newspaper published at Miami in said Miami -Dade AN ORDINANCE OF THE MAYOR AND C1TYOMMISSION County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, OF THE CITY OF SOUTH MIAMI FLORIDA; RELATING TO Florida, each day (except Saturday, Sunday and Legal Holidays) DEPARTMENT,REOGANIZATION, REVISING ARTICLE II OF and has been entered as second class mail matter at the pest THE CODE OF, :ORDINANCES ENTITLED. "DEPARTMENTS', I EN- office in Miami in said as second de County, Florida, fora BY' AMENDING SSECTION 2 -7 PERTAINING TO CODE EN period of one year next preceding the first publication of the FOR ING-T6 DIVISION; BY AMENDING HAS NG; SECTION E PER- period TAINtNG `f0 CENTRAL PURCHASING; AND BY AMENDING . attached copy of advertisement; and affiant further says that he or SECTION 2 -14 PERTAINING TO A STREET AND LANDSCAPE she has neither paid nor promised any person, firm or corporation DIVISION;: PROVIDING FOR SEVERABILITY, ORDINANCES any discount, rebate, commiss' or refund for the purpose IN CONFLICT, AND AN EFFECTIVE DATE. (1st reading -'May of securing thi advertis nt for ublication in the said 20, 2003) newspaper. .AN ORDINANCE OF: THE `:MAYOR AND CITY COMMISSION OF: THE CITY OF SOUTH MIAMIFLORIDA RELATING TO THE AMENDMENT OF SECTION 13 -24.OF THE CITY'S CODE ._. OF ORDINANCES 'SCHEDULE OF LICENSE TAXES" BY IN Sworn to and subscribed before me this CREASING TAk RATES PURSUANT TO CHAPTER-205 OF THE FLORIDA STATUTES; PROVIDING FOR,SEVERABILITY 23 day of MAY , A.D. 2003 PROVIDING ,FOR ORDINANCES IN CONFLICT; AND PRO VIDING AN EFFECTIVE DATE(1 st reading - May.20, 2003) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION �� / /sac• OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO 100" THE CITY OF SOUTH MIAMI CITY CQDE, CREATING SEC (SEAL) TION 2-26.10 ENTITLED'PARKING COMMITTEE,' IN ORDER a RY A�r� OFFICIALNOTAIRYSEAL TO CREATE A PARKING COMMITTEE FOR THE CITY OF k� CHERYL H MARMER O.V. FERBEYRE pe a me SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVID- M.IMISSIONNUMBER, ING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN qC CC9311SS EFFECTIVE DATE.-(I st reading May 2l), 2003) WCOMI&SO4EXPIRE3 APR .:2A 2004 ©� so u T� South Miami All- Awfica City • INCORPORATED 1927 t O R1'o 2001 Excellence, Integrity, Inclusion To Honorable Mayor, Vice Mayor & Date: June 3, 200 City Commission Re: Item No. From: Sanford A. Youkilis Creation of Parking Committee Acting City Manage REOUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2 -26.10 ENTITLED "PARKING COMMITTEE," IN ORDER TO CREATE A PARKING COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; °PROVIDING FOR ORDINANCE'S IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City's Land Development Code currently contains a provision for a Hometown District Parking Committee. However, in recent discussions, the City Commission has directed that the committee be broadened and expanded to include the entire city. In order to 'achieve this aim, the City Code must be amended to include create a new Parking Committee; the Land Development Code will then be amended to remove references to the old On May 20, 2003, the City Commission approved the ordinance upon first reading. RECOMMENDATION APPROVAL of the Ordinance upon second reading. Attachments: Draft Ordinance SAY /RGL L K: \Comm Items \2003 \06- 03- 03\Parking Committee REPORT.doc 7-7, 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 6 SOUTH MIAMI CITY CODE, CREATING SECTION 2- 26.10 ENTITLED 7 "PARKING COMMITTEE," IN ORDER TO CREATE A PARKING 8 COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City's Land Development Code currently contains a provision for a 14 Hometown District Parking Committee; and, 15 16 WHEREAS, the City Commission desires that said committee be broadened and expanded 17 to include the entire city; and 18 19 WHEREAS, in order to achieve this aim, the City Code must be amended to include 20 reference to the Parking Committee; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. That Section 2- 26.10 entitled "Parking Committee," of the City Code, is hereby 26 created to read as follows: 27 28 Sec. 2- 26.10. Parking Committee 29 30 (a) Created. There is hereby created a parking committee for the city. Said committee shall 31 consist of seven (7) private citizens. The seven (7) private citizens shall include two (2) 32 commercial landowners two (2) business owners and/or merchants, and three (3) residents of 33 South Miami. 34 35 (bAppointment and terms of members. Members of said committee shall be appointed by the 36 mayor with the advice and consent of the city commission to two (2) year terms or until their 37 successor is appointed. 38 39 (c) Chair, vice -chair, and staff The mayor shall appoint the chair and vice -chair of the 40 committee.' The City Manager or designee shall serve as the executive secretary to this 41 committee. 42 43 (d) Quorum A quorum shall be five (5) members and an affirmative vote of a majority of the 44 members present shall' be required to pass upon any matter the committee recommends. 45 46 Page 1 of 3 - �'.'.;T't k"_, ..,�' r^� -aT n',. me,-• N+,"3"^ -,,'" ',+'R' {`T. !m "a,',.,'ry- -.fir, d2fir �"rv'.?�i ,^'�',3' "';. - r.4apL, +h ,f�F *='-. -. f; ar;, c-�'t+.;- x- �:�- �za" ^.s „ ki'; �'.r .fx"."L.'h3,T'+mnh.'�.,.i G. >,e'F -. 1 I (e) Duties. Parking in South Miami must be developed and managed both as an element of 2 infrastructure critical to enhancing South Miami's tax base through economic success of the 3 City, and as an important amenity enhancing and protecting the quality of life within South 4 Miami. To that end the duties of the board shall be as follows: 5 6 (1) Meet at least once every three months. 7 8 (2) To provide oversight of the supply, convenience, safety, and management of parking_ 9 10 (3) The committee shall report to the city commission no Tess than annually on the state of ll parking in South Miami and shall from time to time make recommendations to the city 12 commission for changes in the parking system, for the fees paid into the Parking 13 Infrastructure Trust Fund and for the allocation of trust 'f ind monies._ 14 15 (f) Previous Ordinance. This ordinance shall supersede and replace Section 20- 7.6(A) of the 16 Land Development Code "Hometown District Parking Committee." The former Hometown 17 District Parking Committee is hereby replaced by the Parking Committee created by this 18 Ordinance. 19 20 21 22 23 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 24 ordinance are hereby repealed. 25 26 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 27 held invalid or unconstitutional by a court ' of competent jurisdiction, this holding shall not affect 28 the validity of the remaining portions of this ordinance. 29 30 Section 4. This ordinance shall be codified and included in the Code of Ordinances. 31 32 Section 5. This ordinance shall take effect immediately at the time of its passage. 33 34 35 PASSED AND ADOPTED this day of , 2003 36 37 ATTEST: APPROVED: 38 39 40 41 CITY CLERK MAYOR 42 43 44 1st Reading- 45 2nd Reading- 46 Page 2 of 3 1 2 COMMISSION VOTE: 3 READ AND APPROVED AS TO FORM: Mayor Feliu: 4 Vice Mayor Russell: 5 Commissioner Bethel: 6 Commissioner McCrea: 7 Commissioner Wiscombe: 8 CITY ATTORNEY 9 10 NOTE: New wording in bold, underlined; wording to be removed indicated by strike *_h ,.,,n�. 11 12 13 KAComm Items\ 2003\ 06- 03- 03\Parking Committee Ordinance.doc Page 3 of 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA' COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the CITY OF SOUTH MIAMI SUPERVISOR, Legal Notices of the Miami Daily Business NOTICE OF PUBLIC HEARING Review f/k/a Miami Review, a daily (except Saturday, Sunday a. id Li:gal 1-1o, days) nevvspapC , published at Miami in Miami -Dade -NOTICE I IS HEREBY given that the City Commission of the City of South County, Florida; that the attached copy of advertisement, Miami, Florida will ,conduct a Public Hearing . during 'its, regular` City" being a Legal Advertisement of Notice in the matter of Commission meeting Tuesday, June; 3, 2003 beginning at. 7:30 p.m., in= the City ;Commission Chambers; 6130 Sunset Drive, to consider 2nd: Reading of the following described onilnance(s): CITY OF SOUTH MIAMI - PUBLIC HEARING 6/3/03 ORD. AMENDING SECTION 20 -4.4 ETC. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF ,THE C {TY' OF;SOUTH MIAMI, :FLORIDA RELATING TO in the XXXX Court, , THE, CITY OF SOUTH.MIAMI LAND" DEVELOP,MEI T CODE, was published in said newspaper in the issues of AMENDING 14SECTION 204.4 ZNTITLED 'OFF- STREET PARKING REQUIREMENTS IN ORDER TO CLARIFY AND 05/23/2003 ADDRESS P OCEDURES AND CRITERIA FOR APPROVAL OF .OFF SI, PARKING CO�/ENANTS; ,EASEMENTS `;OR LONG -TERM :"LEASES 'PROVIDING.,1 �SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT,,'AND PRO Affiant further says that the said Miami Daily Business VIDlNG AN EFFECTIVE DATE. (1st reading May 20; 2003) Review is a newspaper published at Miami in said Miami Dade County, Florida and that the said newspaper has AN, ORDINANCE "OF THE MAYOR AfJD ;CITY COMMISSION heretofore been continuously published in said Miami -Dade County, OF THEC" ITY OF, SOUTH MIAMI FLORIDA RELATING TO' I Florida, each day (except Saturday, Sunday and Legal Holidays) DEPARTMENT REOGANIZATION; REVISING ARTICLE II OF ; and has been entered as second class mail matter at the post THE' CODE, OF'ORDINANCES ENTITLED:'DEPARTMENTS', { office in Miami in said Miami -Dade County, Florida, fora BY AMENDING,SECTION 2 -7 PER NIN TO 0 DE EN period of one year next preceding the first publication of the FOR.CEMENT "DIVISION; BY AMENDING SECTION 2 -8 PER- . attached copy of advertisement; and affiant further says that he or TA{NING TO CENTRAL PURCHASING; AND BY AMENDING , she has neither aid nor promised an SECTION 2 -14 PERTAINING TO STREET AND LANDSCAPE p p y person, firm or corporation DIVISION; PROVIDING FOR SEVERABILITY, `ORDINANCES any discount, rebate, commissi or refund for the purpose AN CONFLICT; -AND AN EFFECTIVEDATE. ,(1st reading -'May of securing thi advertis nt for ublication in the said 20, P-003) newspaper. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF!THE CITY OF SOUTH MIAMI, - FLORIDA RELATING TO THEtAMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE, OF`ORDINANCES'SCHEDULE <OF LICENSE TAXES' BY 1N Sworn to and subscribed before me this CREASING TAR RATES PURSUANT TO CHAPTER-205 OF - THE `FLORIDA STATUTES; PROVIDING FOR SEVER'ABILITY; 23 day of MAY , A.D. 2003, PROVIDING ,.FOR ORDINANCES IN CONFLICT; AND PRO - ay AN EFFECTIVE DATE.(ist reading = May20, 2003) ORDINANCE OF THE MAYOR AND:CITY'COMMISSION OF THE .CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO (SEAL },�„e,�� THE CITY OF SOUTH MIAMI CITY CODE,`CREATING SEC RYA OFFICIAL NOTA tYSEA9. TION 2 -26.10 ENTITLED PARKING COMMITTEE,' IN ORDER V8 TO CREATE A PARKING COMMITTEE FOR THE CITY OF C l 'CHERYL H MARPAER O.V. FERBEYRE pe LpaWi '�{+D m e SOUTH MIAMI; PROVIDING FOR SEVERABILIT. 1 PROVID 0 MISSION NUMBER, ING'FOR ORDINANCES IN CONFLICT; AND PROVIDING AN CC931156 EFFECTIVE DATE..(lsfreadmg.- May 20, 2003) `f�O APR. 24 2004 � UJI"I Me[ OWL@) 2 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, 3 RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH 4 MIAMI CODE OF ORDINANCES BY CREATION A NEW SECTION 15- 5 99, ENTITLED CONTROLLED PARKING RESIDENTIAL AREAS; TO 6 DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS; 7 PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING 8 CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING 9 PROCEDURE FOR DETERMINING CONTROLLED PARKING 10 RESIDENTIAL AREAS; PROVIDING ISSUANCE OF SPECIAL 11 PARKING PERMTS UPON APPLICATION; PROVIDING 12 PRIVILEDGES AND RESTRICTIONS ON RESIDENTIAL PERMITS 13 AND PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; 14 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 15 16 WHEREAS, The City Commission hereby finds and declares that it is in the best interest 17 of the residents of the City to reduce vehicular congestion on residential streets and to facilitate 18 the efficient movement of traffic by providing for residential parking preference during certain 19 hours of the day within certain areas meeting the criteria hereinafter set forth' that residential 20 permit parking regulation is necessary to promote the health, safety and welfare of the: residents 21 of the City by providing adequate parking spaces adjacent to or close by their places or 22 residence; that it Is in the public interest to reduce hazardous traffic conditions resulting from the 23 use of streets located within congested residential areas for the parking of vehicles by persons 24 using such residential areas to gain access to other places; to protect those areas from excessive 25 noise; to protect the residents of those areas from unreasonable burdens in gaining access tot heir 26 residences; to preserve the character of those areas as residential districts; to promote efficiency 27 in the maintenance of the street in a clean and safe condition; to preserve the value of the 28 property in those areas; to preserve the safety of children and other pedestrians and to promote 29 traffic safety, clean air and the comfort, health, convenience and welfare of lit inhabitants of the 30 City 1 31 BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY 32 OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. The City of South Miami Code of Ordinances is amended to create Section 15-99 35 entitled "CONTROLLED PARKING RESIDENTIAL AREAS" 36 37 See. 15-99. Controlled Parking Residential Areas, 38 39 Whenever in this division the words hereinafter defined are used they shall, unless the context 40 requires otherwise, be deemed to have the following meanings: 41 42 Commuter vehicle means a motor vehicle parking in a residential area by a person who is 43 not a resident of the designated residential area; and Page I of 5 Additions are shown by underlining and deletions are shown by everstrike -111-7-'-��,7 fl, 771 1 2 Controlled parking residential area means a contiguous or nearly contiguous area 3 containing streets or parts thereof primarily abutted by property which has a specific residential 4 zone designation on the official zoning map of the City and which is designated for restricted 5 residential parking by the City Manager, or his designee, pursuant to criteria and procedures' 6 established herein. 7 8 Fiscal Year means the period beginning and ending 9 of the following year. to 11 Resident means a person who owns or leases real property within a residential area and 12 who maintains either a voting residence or bona fide occupancy, or both, at that address. 13 14 Residential parking permit .means a special permit issues hereunder for the ,privilege of 15 parking on a street designated as a "controlled parking residential area." 16 17 Section 2. Upon approval of the City Manager, and after following the procedures 18 hereinafter set forth, the director of the traffic engineering department, through his authorized 19 representative in the police department, is hereby authorized to designate "controlled parking 20 residential area" by appropriate signs and the recoding thereof on an appropriate City map or plat 21 in which the parking of vehicles may be restricted on public streets at times during the day only 22 to vehicles bearing a valid' residential parking permits issued pursuant to the terms of this 23 division. This authority shall be in additional to any other authority of the City to regulate the 24 times and conditions of motor vehicle parking on public streets, 25 26 Section 3. Eligibility and criteria for establishing controlled parking residential areas is 27 hereby set forth; 28 29 (a) A residentially zoned area shall be deemed eligible for designation as a controlled 30 parking residential area for residential permit parking if, parking therein is impacted 31 by commuter vehicles : 3 0 p. m. of any day a rryat ae 32 33 (b) In determining whether an area identified as impacted and eligible for residential 34 permit parking shall be designated as a controlled parking residential' area, the 35 following factors shall be considered: 36 (1) The local needs with respect to clean air and environment in residential areas. 37 38 (2) The possibility of a reduction in total vehicle miles driven in the City. 39 40 , (3) The likelihood of alleviating traffic congestion, illegal parking and related 41 health and safety hazards: 42 43 (4) The proximity of public transportation to the residential permit parking 44 45 (5). The desire and need of the residents for residential permit parking. 46 Page 2 of 5 Additions are shown by underlining and deletions are shown by evers#47 e. 1 (6) The need for parking regulation to maintain the residential character of 2 neighborhoods. 3 4 5 Section 4. Procedure for determining controlled parking residential areas is hereby 6 set forth: 7 g (a) In " order to determine whether a particular area should be designated as a controlled 9 parking residential area, the City Commission can request, or the City Manager may 10 conduct, <upon his own initiative or upon a petition of a majority of the households on a 11 proposed residential block addressed to the City Manager, a study to determine if the 12 proposed area meets the criteria set forth above. Following the study, the City Manager 13 shall determine whether to designate the proposed area under consideration as a 14 controlled parking residential area or to remove the designation in the case of a 15 previously established controlled parking residential area. The City Commission may 16 also request the City Manager to designate an area as a controlled parking residential area 17 based upon a study previously conducted, if the criteria set forth above are met. is 19 (b) When the City Manager funds the criteria to designate have been met in a controlled 20 parking residential area, he shall cause the regulation to be recorded upon an appropriate 21 map of the City and retained permanently in the office of the City Clerk. In addition, the 22 City Manager shall cause parking signs to be erected upon public streets in the area, 23 indicating the times, locations and conditions upon which parking shall be buy permit 24 only. When an area has been approved, designated and posted as a controlled parking 25 residential area, it shall be unlawful and a violation of this decision to park a commuter 26 vehicle in an area restricted to decal parking only without having a 'valid residential 27 parking permit affixed on the left rear bumper of the vehicle; 28 29 Section 5. Issuance of special parking permits upon application is hereby set forth: 30 31 (a) Following the official designation of a controlled parking residential area, the City 32 shall issue 'appropriate residential parking permits to qualifying applicants. Upon 33 application a permit shall be issued only to the owner or operator of a motor vehicle 34 who resides in the controlled parking residential area in which he resides. 35 36 (b) The application for a permit shall contain the name of the owner or operator of the 37 motor vehicle, residential address, the motor vehicle's' make, model and registration 38 number. The motor vehicle's registration may, at the discretion' of the Finance 39 Department, be required to be presented at the time of making said application in 40 order to verify the contents thereof. In the event the vehicle is registered at an 41 address other than the local residence, the applicant shall provide other sufficient 42 proof, acceptable to the department of management showing residency within the 43 controlled residential parking area. The permit shall be valid for a "fiscal year" as 44 hereinabove defined and shall be renewed for each successive fiscal year. After the 45 initial permit has been issued, any renewal thereof shall be affixed to the vehicle no 46 later than the applicable current fiscal year. Page 3 of 5 Additions are shown by underlini and deletions are shown by everstr ke 1 2 Section 6. Privileges and restrictions on residential parking permits are hereby; set forth: 3 4 (a) The folder of a residential parking permit shall be permitted o stand or park a motor 5 vehicle displaying the permit and operated by him/her in the designated residential 6 controlled parking area during such times and places as the parking of motor vehicles 7 therein is permitted. While a vehicle for which a residential parking permit has been 8 issued is so parked, such permit shall be permanently affixed on the left rear bumper 9 of the vehicle. A residential parking permit shall not guarantee or reserve to the 10 holder of same a parking space within a designated controlled parking residential 11 area. 12 13 (b) A residential parking permit shall not authorize the holder thereof to stand or park a 14 motor vehicle in such places or during such times as the stopping, standing or parking 15 a motor vehicle is prohibited or set aside for specific types of vehicles, nor exempt the 16 holder from the observance of any traffic regulation within the controlled parking 17 residential 'area. 18 19 (c) No person other than the permittee named thereon shall use the residential parking 20 permit or display it on a vehicle operated or parking, and any such use or display by a 21 person other than the permittee shall constitute a violation of this article by the 22 permittee and by the person who so used or displayed such parking permit. 23 24 (d) It shall constitute a violation of this division for any person to falsely represent 25 himself as eligible for a'residential parking permit or to furnish any false information 26 in an application to the Finance Department, in order to obtain a residential parking 27 permit. 28 29 _ (e) The Finance Department is authorized to revoke the residential parking permit of any 30 permittee found to be in violation of this division and, upon written notification 31 thereof, the permittee shall surrender such permit to the City Manager. Failure, when 32 so requested, to surrender a residential parking permit so revoked shall constitute a 33 violation of this division: 34 35 (f) Any permit issued hereunder is nontransferable to another person or another vehicle. 36 37 (g) The Finance Department is authorized to make provisions for the issuance of 38 temporary parking permits to bona fide visitors of residents of a designated controlled 39 parking residential area. 40 41 42 Section 7. A fee shall be imposed for the issuance of the temporary permit in an 43 amount approved by the City Commission to recover costs related to the parking program 44 45 Whoever violates the provisions of this division shall be penalized` pursuant to the provisions of 46 this Code relating to violation of municipal ordinances and persons illegally parked pursuant to Page 4 of 5 Additions are shown by underlining and deletions are shown by evetwMike. 1 the terms of this division shall be fined in the manner, presently provided in the City for illegal 2 parking and their vehicles may be towed and stored at their expense. 3 4 Section 8. If any section, sentence, clause or phrase of this ordinance is held to be 5 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 6 way effect the validity of the remaining portions of this ordinance. g Section 9. It is the intention of the City Commission that the provisions of this 9 ordinance shall become and be made a part of the south miami City Code; and that the sections 10 of this ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to 11 "section" "article" or such other appropriate word ` or phrase in order to ' accomplish such 12 intentions. 13 14 Section 10. This :ordinance shall take effect immediately at the time of its 15 passage. 16 17 PASSED AND ADOPTED this day of 2003: 18 19 Approved: 20 21 22 Attest: 23 Horace G Feliu 24 Mayon 25 26 Ronetta Taylor, CMC COMMISSION VOTE: 27 City Clerk Mayor Feliu 28 Vice Mayor Russell: 29 l" Reading Commissioner Wiscombe: 30 2°d:Reading Commissioner McCrea: 31 Commissioner'Bethel: 32 READ AND APPROVED AS TO FORM 33 34 35 CITY ATTORNEY 36 37 38 39 Page 5 of 5 Additions are shown by underlining and deletions are shown by e>. c :e ; � .t. "tit 'a-'.; x"-„- . p•,?.Fa I AN ORDINANCE OF THE CITY;OF. SOUTH MIAMI, FLORIDA,. . - RELATING TO' RESIDENTIAL PARKING AMENDING THE SOUTH MIAMI' =CODE OF ORDINANCES'BY .CREATION A NEW' SECTION 15 -99,. ENTITLED CONTROLLED' PARKING RESIDENTIAL`" AREAS;- TO'DESIGNATE 'CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARK- ING RESIDENTIAL AREAS; PROVIDING PROCEDURE FOR DETERMINING: CONTROLLED PARKING RESIDENTIAL ARE- AS- PROVIDING ISSUANCE OF SPECIAL PARKING PERMTS UPON APPLICATION; PROVIDING PRIVILEDGES MD,RE- " STRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES; PROVIDING SEVERABILITY; ORQINANC- . ES IN CONFLICT; AND.AN EFFECTIVE DATE (1st;rsading -AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 'OF THE CITY OF SOUTH MIAMI., ;FLORIDA, RELATING TO THE -LAND DEVELOPMENT CODE, SPECIFICALLY REGULA -' ..TIONS _DEALING WITH PROVISIONS THAT ALLOW.iFOR THE REDUCTION OF REOUIRED OFF - STREET PARKING BY AMENDING ORDINANCE NO 5-99 -682 IN ORDER TO CON TINUE,rfcq AN',ADDITIONAI: TW` E ) MONTHS THE„ MODIFICATIONS MADE;TO `.SECTION 20- 7.6(i3), AND THE SUSPENSION -OF SECTION .20- 4,4(G) AND SECTION 20 4A(H) PROVIDING FOR SEVERABILITY,'- ORDINANCES IN I CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1 st read - in - May 20, 2003) Said ordinance can be inspected in the City Cleft Office, Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the City Manager's Office at 305- 663 -6338 and Planning Department at 305 - 663- 6326. oe ALL interested parties are invited to attend and will be heard.. Ronetta Taylor, CMC City Clerk: .. City of South Miami 1 Pursuant to Florida Statutes 266 01.05, the City hereby advises the public that if a person decides to appeal any dedision 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. 5/23. - — - _ 03-3- 72I366622M r I N CORPaRATEQ r ..1927 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: June 3, 2003 and City Commission From: Sanford A. Youkilis ` Re: Agenda Item 10 Acting City Manager Amending Ord. No 8 -99 -1682 Extending parking modifications REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS In May 1999, the City Commission adopted Ordinance No. , 8 -99 -1682, which modified and suspended certain provisions of the Land Development Code dealing with reductions in off - street parking requirements. The ordinance was adopted in response to concerns about the impact of the Shops of Sunset Place on parking in the downtown area. It was felt that certain provisions, e.g., reduced parking near`Metrorail and reduced parking based upon joint uses, should be suspended for a period of nine months. In addition, the ordinance modified the parking reductions allowed in the Hometown District so that during the same nine -month period only the City Commission could approve parking reductions for large projects. At the expiration of the original nine -month period, the City Commission adopted Ordinance No. 11 -00 -1713 extending the period for an additional nine months. Several subsequent extensions were adopted by the City Commission Extending parking modifications Commission Meeting: June 3, 2003 Page 2 of 2 The purpose of the original nine -month period was to allow time for staff and citizens to reevaluate the City's parking regulations and to make necessary changes.; This evaluation is not complete. The City's Zoning Task Force is in the process of reviewing the Land .Development Code including the Hometown District and the Off - Street Parking section. It would` be appropriate to allow one more additional period of twelve months (Mgy 2004) to complete the review and for considering possible amendments. The attached ordinance amends the original May 1999 ordinance by extending the modifications and suspensions for a period of sixty (60) months. On May20th, 2003, the City Commission approved the ordinance upon first reading. RECOMMENDATION It is recommended that the proposed ordinance be adopted upon second reading. Attachments: Proposed ordinance LDC SECTIONS SUBJECT TO MORATORIUM SAY/RGL/ KAComm Items\2003 \06- 03- 03\Extending Parking Moratorium Comm.Memo.doc 1 2' ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 6 MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, SPECIFICALLY 7 REGULATIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION 8 OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN 9 ` ORDER TO CONTINUE FOR AN ADDITIONAL TWELVE (12) MONTHS THE 10 MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPENSION OF SECTION 11 20- 4.4(G) AND SECTION 20- 4.4(H) PROVIDING FOR SEVERABILITY, ORDINANCES IN 12 CONFLICT AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami' Land Development 16 Code all allow for a reduction in required off street parking; and 17 18 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the 19 need to reevaluate parking regulations contained within the South Miami Land Development Code; and 20 21 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8 -99 -1682, 22 modifying and suspending the Land Development Code sections referred to above for a period of nine 23 months ;and 24 25 WHEREAS, the City Commission at several subsequent meetings, adopted ordinances extending for 26 additional periods the modifications and suspensions of the Land Development Code sections referred to 27 above; and 28 29 WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an 30 adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and 31 32 WHEREAS, the necessary evaluation and studies are not sufficiently completed to determine what 33 amendments are needed; and 34 35 WHEREAS the City Commission appointed Zoning Task Force is in the process of reviewing the 36 Land Development Code including the Hometown District and the Off- Street parking regulations; and 37 38 WHEREAS, it is appropriate to provide an additional twelve (12) months to evaluate and review the 39 provisions of the Land Development Code which allow for parking reductions; and 40 41 WHEREAS, the City Commission desires to enact the aforesaid ordinance. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 44 THE CITY OF -SOUTH MIAMI, FLORIDA: 45 46 Section 1. That Section 1 of Ordinance No. 8 -99 -1682; adopted by the City of South Miami City 47 Commission on May 4, 1999 is hereby amended to read as follows: 48 49 Section 1: The automatic parking adjustments allowed pursuantto Section 20- 7.6(B) of the South 50 Miami Land Development, entitled "Required Parking, " are hereby modified for a period of 51 six 60 months for the purpose of reviewing the effects and appropriateness of the 52 adjustment provisions on the future developments, as follows: 53 I Section 2 That Section of Ordinance 8 -99- 1682, adopted by the City of South Miami City 2 Commission on May 4, 1999 is hereby amended to read as follows: 3 4 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special 5 Parking Permit, is hereby suspended for a period of six 60 months for the 6 purpose of evaluating, the effects and appropriateness of this provision on future developments. 7 8 Section 3 That Section 3 of Ordinance 8 -99 -1682, adopted by the City of South Miami City 9 Commission on May 4, 1999 is hereby amended to read as follows 10 11 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit, " is 12 hereby suspended for developments within the boundaries of the Hometown District for a period 13 of six 60 months for the purpose of evaluating the effects and appropriateness 14 of this provision on future developments within the Hometown District. 15 16 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid 17 Or unconstitutional by a,court of competent jurisdiction, this holding shall not affect the validity of the 18 Remaining portions of this ordinance, 19 20 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 21 hereby repealed: 22 23 Section 6 This ordinance shall be effective immediately after the adoption hereof. 24 25 26 PASSED AND ADOPTED this day of , 2003 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 33 1st Reading- 34 2"d Reading 35 36 READ AND APPROVED AS TO FORM COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Feliu : 39 CITY ATTORNEY Commissioner Bethel: 40 Commissioner McCrea: 41 Commissioner Wiscombe 42 43 44 Note: New wording underlined; wording to be removed indicated by strike &,,ugl . 45 46 47 48 49 50 KAComm Items\ 2003\ 06- 03- 03\Extending Parking Moratorium Ordinance.doc AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH MIAMI CODE 'OF* ORDINANCES BY CREATION A NEV SECTION 15-99,-ENTITLED-CONTROLLED PARKING RESIDENTIAL "- AREAS;`' TO '` DESIGNATE '`CONTROLLED PARKING RESIDENTIAL AREAS; .PROVIDING, ELIGIBILITY' AND CRITERIA FOR ESTA 1JI NING CONTROLLED PARK- ING RESIDENTIAL,AREAS, PROVIDING PROCEDURE FOR; DETERMINING CONTROLLED PARKING SID REENTIAL ARE- AS; PROVIDING ISSUANCE OF SPECIAL , F ...R... ,PERMTS UPON`.APPLICATION; PROVIDING PRIVIEDGES'AND•RE- , STRICTIONS ON RESIDENTIAL PERMIT$: AND PROVIDING ::PENALTIES; PROVIDING FOR SEVERABILRY;' ORDINANC ES IWCONFL-tCT AND AN EFFECTIVE DATE ,(1st reading May 20.2003) - W L. •O AN 'ORDINANCE OF THE MAYOR AND CITY COMMISSION F THE CITY OF SOUTH MIAMI,,FLORIDA, RELATING TO THE -LAND DEVELOPMENT CODE, SPECIFICALLY REGULA ,. TIONS'_DEALING WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED, OFF, STREET. PARKING BY <' AMENDING, ORDINANCE NO 8-99 -x682 W ORDER TO CON- 'AMENDING FOR AN ADDITIONAL MTWELVE -'(12) MONTHS THE, MODIFICATIONS MADE TO SECTION 20- 7.6(8), AND THE' SUSPENSION -OF • SECTION 20-4,4 G AND SECTION 20 4.4(H) `;PROVIDING FOR SEVERABILITY, i'ORDINANCES IN i 1 CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1 st read ing - May 20, 2003) Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the City Manager's Office at 305- 663 -6338 and Planning Department at 305- 663 -6326. ' ALL interested parties are invited to attend and will be heard.'' Ronetta Taylor, CMC ..;City Clerk .. City of South Miami Pursuant to Florida Statutes 286.0105 the City hereby advises the public that if a person decides to appeal any decision made bX 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. 5/23 - -- 03-3- 72t366622M - 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: June 3, 2003 and City Commission From: Sanford A. Youkilis Re: Agenda Item Acting City Manager Variance Request 7230 -7240 SW 63rd Court ITEM: PB -03 -003 i Applicant: 7220 Development Corp. Location: 7230 -7240 SW 63`d Court Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE 66.67 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED, AND TO ALLOW THE NET AREA OF A BUILDING SITE TO BE 9,316 SQUARE FEET, WHERE 10,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT,` LOCATED AT 7230 -7240 SW 63rd COURT, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 7, 8, 9, AND I 10, BLOCK 2, "SUNSET VILLAS" PLAT BOOK 15, PAGE 42; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE - FAMILY RESIDENTIAL DWELLINGS); AND PROVIDING FOR AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant, 7220 Development Corp., is requesting approval of a variance from section 20 -3.5E of the Land Development Code to allow the frontage of three (3) building sites to be 66.67 feet, where a minimum of 75 feet is required. The subject property is within the RS -3 Single Family Residential zoning district, which permits Single- Family Dwellings. The applicant seeks the variance in order to develop the property, currently vacant, with `three (3) single- family homes.' BACKGROUND & ANALYSIS The area is zoned RS -3, permitting single family homes. The subject parcel, 7230 -7240 SW 63rd Court, is a currently a vacant parcel of land located just south Sunset Drive. Previously, three structures occupied the site, and were used as either single - family or duplex dwellings. The state of disrepair of the existing structures was extensive and was providing an unsightly eyesore on this block of SW 63rd' Court. The applicant purchased Variance Approval - 7230 -7240 SW 63rd Court June 3, 2003 Page 2 of 3 the property last year, and, as mentioned above, the previous structures have been demolished.' The parent parcel contains 200 feet of street frontage (4 platted lots of 50 feet in width). Normally, because houses existed on one or more of the lots, the City could grant "lot-of- record" status and homes could be built on each of the 50 -foot lots. However, the properties had been assembled by one owner, and had lost the right to claim lot -of- record status. Therefore, the only subdivision possible now under the Land Development Code minimum regulations would be into two (2) 100 -foot lots. Since the neighborhood and especially, this section of SW 63`d Court is made up of primarily small lots of 73 feet or smaller, the creation of 100 foot lots is impractical from an economic standpoint and from a neighborhood compatibility standpoint. Therefore, the applicant has chosen to apply for a variance to create three (3) 67 foot lots instead. The area surrounding the property is generally made up of single - family homes on lots smaller than 75 feet, and the single - family zoning classification appears appropriate for this location. A proposal by the applicant to construct three single family homes on 67 foot lots here would appear to fit into the character of this area, which is a transitional area between Sunset Drive and the residential area to the south. As the percentage of nonconformity for the proposal is fairly limited, i.e. 11% and 7% respectively, the approval of the requested variance would not pose a drastic variation in the character of the prospective development. It should also be noted that construction of the proposed houses on the site should meet all other applicable regulations of the Land Development Code, with no variances or waivers. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-3.5(C)(1) Dimensional Requirement Tables • Land Development Code Section 20 -3 ;5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals STAFF OBSERVATIONS 1) To meet the minimum site size required by the Land Development Code, in order to develop single- family homes on the subject property in its existing configuration, i.e. 200 feet of frontage, the property owner would have to subdivide the property into two (2)` 100 foot lots.' However, the subject street, SW 63rd Court, is characterized by homes on much smaller lots, from 50 to 73 feet in width. From a neighborhood compatibility standpoint, being required to subdivide the property into two (2) 100- foot lots could be considered to constitute a hardship. Variance Approval - 7230 -7240 SW 63rd Court June 3, 2003 Page 3 of 3 2) The variance requested is of a small, incremental nature and would have minimal impact on surrounding properties. In fact, the construction of three new homes on what was previously a poorly maintained parcel of property, should help to revitalize the neighborhood and raise property values. 3) The variance request is a unique situation that would not be applicable to any other properties in the immediate vicinity. On March 25, the Planning Board reviewed the variance request and voted 6 -1 to recommend denial. RECOMMENDATION It is recommended that the variance request be approved. Attachments: LDC Applicable Regulations Draft Resolution Location Map Application' Letter of Intent /Justification Copy of Public Notices Survey, Proposed Site Plan and Site Data Planning Board minutes RGL/ K: \Comm Items\2003 \06 -03 -03 \Variance 63th Ct. Report.doc j, ATTACHMENT PB -03 -003 LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single - Family Districts" (Section 20- 3.5E), "Dimensional Requirements, Multi family Districts" (Section 20 -3.5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G); • Land Development Code Section 20-3.5(E) DIMENSIONAL REQUIREMENTS REQUIREMENT RS -3 Net Area (sq. ft.) 10,000 Frontage (ft.) ; 75 • Land Development Code Section 20 -5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken, place in 'accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the `expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based; (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. Variance Approval - 723 0- 7240 SW 63rd Court June 3, 2003 Page 5 of 3 (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by 'a map which reflects all ;properties ` and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) 'percent of such property owners, indicating their awareness of and concurrence with the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G)_ Permitted Variance Requests. Applications for variances shall be restricted to only the followings (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off - street parking (8) Open space (9) Signs (10) Landscaping i I { 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE '`MAYOR & CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE 7 FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW 8 THE FRONTAGE OF A BUILDING SITE TO BE 66.67 FEET, WHERE A MINIMUM 9 OF 75 FEET IS REQUIRED, AND TO ALLOW THE NET AREA OF A BUILDING 10 SITE TO BE 9,316 SQUARE FEET, WHERE 10,000 SQUARE FEET IS REQUIRED, I1 ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE 12 DISTRICT, LOCATED AT 7230 -7240 SW 63rd COURT, SOUTH MIAMI, FLORIDA, 13 AND LEGALLY DESCRIBED AS LOTS 7, 8, 9, AND 10, BLOCK 2, "SUNSET 14 VILLAS" PLAT BOOK 15 PAGE 42 . (THE 'GRANTING OF THE VARIANCE 15 WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE- FAMILY 16 RESIDENTIAL' DWELLINGS); AND PROVIDING FOR AN EFFECTIVE DATE. 17 18 19 WHEREAS, 'application no. PB -03 -003 was submitted to the Planning Board by the 20 applicant, 7220 Development Corp., said application requesting approval of a variance from 21 section 20 -3.5E; of the Land Development Code to allow the frontage of a building site to be 22° 66.67 feet, where a minimum of 75 feet is required, and to allow the net area of a building site to 23 be 9,316 square' feet, where 10,000 square feet is required, on property within the "RS-3" single- 24 family residential zoning district, specifically located at 7230 -7240 SW 63rd Court,', South Miami, 25 Florida;, and 26 27 WHEREAS, the subject parcel is within the RS -3 zoning district, which permits_ single - 28 family dwellings, 29 30 WHEREAS, the applicant wishes to develop the property with three (3) single- family 31 homes, and; 32 33 WHEREAS, the zoning requirements for this zoning district require a minimum parcel 34 frontage of 75 feet and a minimum lot size of 10,000 square feet and, 35 36 WHEREAS, the subject property measures a total of 200 feet in frontage,, 37 38 WHEREAS, the approval of a variance requires a recommendation from the Planning 39 Board and the approval of the City Commission after a public hearing; and 40 41 WHEREAS, on March 25, 2003 the Planning Board, after public hearing, voted 6 -1 to 42 recommend denial of the variance request; and 43 44 WHEREAS, the Mayor and City Commission of the City of South Miami do not desire to 45 accept the recommendation of the Planning Board. 46 47 48 I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 2 THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1: That the subject application submitted by 7220 Development Corp requesting approval of a 5 variance from Section 20 -3.5E of the Land Development Code to allow the frontage of the three 6 proposed building lots at the subject site to be 66.67 feet, where a minimum of 75 feet is required, and to 7 allow the net area of a building site to be 9,316 square feet, where 10,000 square feet is required, on 8 property specifically located at 7230-7240 SW 63rd Court, South Miami, Florida, is hereby approved. 9 10 11 12 Section 2.That the approval of the subject variance is based upon the following findings: 13 14 1) To meet the minimum site size required by the Land Development Code, in order to develop single 15 family homes on the subject property in its existing configuration, i.e,_ 200 feet of frontage, the property 16 owner would have to subdivide the property into two (2) 100 foot lots. However; the subject street, SW 63rd 17 Court, is characterized' by homes on much smaller lots, from 50 to '73 feet in width. - From an economic 18 standpoint as well as a neighborhood compatibility standpoint, being required to subdivide the property 19 into two (2) 100 foot lots could be considered to constitute a hardship. 20 21 2) The variance requested is of a small, incremental nature and would have minimal impact on surrounding 22 properties. In fact the construction of three new homes on what was previously a poorly maintained parcel 23 of property should help to revitalize the neighborhood and raise property values. 24 25 3) The variance request is a unique situation that would not be applicable to any other 26 properties in the immediate vicinity. 27 2$ 29 Section 3. This resolution shall be effective immediately after the adoption hereof 30 31 32 PASSED AND ADOPTED this ,' day of , 2003 33 34 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 Commission Vote: 42 READ AND APPROVED AS TO FORM: Mayor Feliu 43 Vice Mayor Russell 44 _Commissioner Bethel: 45 Commissioner Wiscombe: 46 Commissioner McCrea: 47 CITY ATTORNEY 48 City of South Miami Address of Subject Property: Lot(s) 7-10 Block 2 SubdivisiomiSunset Va' PB 15-42 Meets & Bounds:; — — Applicant:- 7220 Development Corp. Phone: (305) 558 -6280 Representative:Javier L. Vazquez, : Esq.` Organization: Javier. Vazquez, F.A. Address :8061 NW 155 Street Phone: (305) 825 -7080 Miami Lakes Florida. 33016 SUBMITTED MATERIALS Property Owner: 7220" Development, Corp. Signature: Mailing Address: 11000 NW 92 Terrace Phone: ( 305) ``558 -6200 Miami, Florida 33178 xt Amendment to LDC X Variance Arch itect/Engineer: Manny Reus Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner _Owner's Representative _Contract to purchase Option to purchase _Tenant/Lessee ICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS FPLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: xt Amendment to LDC X Variance _ Letter of intent ning Map Amendment _Special Use Justifications for change _ PUD Approval ' _Special Exception of hardship — PUD Major Change Other ' _Statement Proof of ownership or letter from owner " Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase Current survey (1 original sealed and Variance:•zRE: Net Area and Frontage Requirements signed /1 reduced copy @ 11" x 17 ") _ 15 copies of Site Plan and Floor Plans of 'RS -3 District as per Section 20 -3.5E of the code . 1 reduced copy @ 11" x 17" 20% Property owner signatures Section: Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and 'best co th f t e a licant's nowle ge and belief. �ry Applicant's Signature p y '`•y ,9 ^�► and title D e Upon receipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable reau[ations. Applications found not in compliance be will rejected andpreturned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 LAW OFFICES OF Javier L® Vazquez, P.A. 8061 N. W. 155 Street • Miami Lakes, Florida 33016 Phone: (305) 825 -7080 • Fax. (305) 825 -6523 e- mail.• javivaz@bell outh.net January 15, 2003 City of South Miami Planning and Zoning Department 6130 Sunset Drive South 'Miami, Florida 33143 Re: Letter of Intent — 7220 Development Corp. Variance Request Lots on SW 63rd Court To Whom It May Concern, The undersigned 'is counsel to 7220 Development Corp., the owner of the above referenced property. This shall constitute our letter of intent in support of our application (the "Application ") for approVal of 2 variances relating to net area and lot frontage for each of three (3) proposed lots on SW 6P Court. The subject property, which is currently comprised of 4 lots, is located within' a RS -3 zoning, district. Strict application of the 75 foot frontage requirement will net 2 oversized lots that are not in keeping or compatible with the surrounding neighborhood. The applicant has worked closely with Planning and Zoning staff and met on several occasions with immediately affected neighbors in the area, who are expressing support for the application. Based on the foregoing, the Applicant would request your favorable. consideration and recommendation of the Application, espectfullysubmitted, (A __' Javier L. Vazque , E q. South Miami or i d a a1 +4 t .-i% r _ Ail America City t xZ7 PUBLIC NOTICE CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663 -6326; Fax: (305) 666 -4591 On Tuesday, April 29, 2003 at 7:30 P.M., the City of South Miami Planning Board will meet in the Commission Chambers at the above address in order to consider and recommend upon the following: PB -03 -003 Applicant: 7220 Development Corp. Location: 7230-7240 SW 63" Court Request: A RESOLUTION OF1 THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 2073.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE.66.67 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED, AND TO ALLOW THE NET AREA OF A BUILDING SITE TO BE 9,316 SQUARE FEET, WHERE 10,000 SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7230 -7240 SW 63r" COURT, SOUTH MIAMI, FLORIDA, AND LEGALLY 'DESCRIBED AS LOTS 7, 8, 9, AND 10, BLOCK' 2, ` "SUNSET 'VILLAS" PLAT BOOK 15 PAGE 42; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE- FAMILY RESIDENTIAL DWELLINGS); AND PROVIDING FOR AN EFFECTIVE DATE. All interested parties are urged to attend. Objections or expressions of approval may be made in person' at the meeting -or filed in writing prior to or at the meeting. The Planning Board reserves the right to recommend to the City Commission whatever the Board` considers in the best interest for the area involved. Interested ;parties' requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or,writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). refer to hearing number when making any inquiry. ,. . �- TF:- . s7�7k a?. .'-, MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County. Florida „ r , STATE OF FLORIDA COUNTY OF MIAMI -DADE; v 5 4 Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the « + k k 4� r f s , x ` St1PERVIS7 °„ Lc:yat f rct:ces of the Mimi Oaily �3usiness �9O'rGCE �� Pd9��.16: B�l�Ril+�� Review f /k/a Miami Review,'a daily (except Saturday, Sunday - ' ` �1°i'Y OF 50d14�1 MBAMI , and Legal Holidays) newspaper, published at Miami in'Miami -Dade 1 f County, Florida; that the attached copy of advertisement,4 Planning anctZoning Department being Le al Advertisement of Notice in the matter of 613Q Sunset Dnue South Miami ; Flonda,3 9 9 Phofte,(305),5636326`'Fax# (305)6664591 CITY OF SOUTH MIAMI - PUBLIC HEARING'- 4/29/03 On Tuesday, Aprti 29, _2003, at 7 30 P M ,the City of South Miami �'+ Piannm Boardwillp conduct Public Heanngs m the City Commission ` ITEM: PB -03 -003 Chambers atthe above address on the following Item i PB 03 003 �, r i y in tree XXXX Court, 1x a was published in said newspaper in the issues of Applicant 7220 DevelopmentCorp i Location 7230` 7240 SW 63rd Court R 04/18/20173 negtiese "A'RESO' UTION OF THE MAYOR �4C CITY COMMISSION i OF« T.HE CITY,OFhSOUTH MIAMI, FLORIDAM REl 4TING TO A, RE QUEST. FOR A /ARIANCE FROM +,SECTION 20 3 5(E) OF THE LAND `;� DEVELOPMENT , GO DEiTO ALLOW THE FRONTAGE OF A BUILDING ?, Affiant further says that the said Miami Daily Business SITE TO, BE' 66 67 FEET WHERE A MINIMUM OF 75 FEET IS AE Reviev, is a newspaper published at Miami in said Miarni Dade IIUJRED, on, properly WITHW AN RS 3' SINGLE FAMILY RESIDEN r•; County, Florida and that the said newspaper has TIAL +USE QJSTRICT; st QCATED 'AT 7230 72 #0 SW L63rtl COURT, heretofore been continuously published in said Miami -Dade County, SOUTH MIAMI FLORIDA °AND LEGALLYDESCRIBEDAS LOTS 7,89 Florida, each day (except Saturday, Sunday and Legal Holidays) AND `14 BLOCK 2 SUNSET VILLAS ,PLATkB00K 15, PAGE 42 (THEr,, and has been entered assecond class mail matter at the post GRANTING OF, THE VARIANCE a1U01LD ALLOW FQR THE CON STRt1CTION OF'THREE'SINGLEFAMILYt RESIDENTIAL DWEL office in Miami in said Miami -Dade County, Florida, fora LJNGS) -1ANDPRO 10INGFORANEFFECTIVE`DATE' :period of one year next preceding the first publication of the I E} :W, t ' . attached'capy of advertisement; and affiant further says that he or All interestetl parties are urged to attend Oblecrions or expressions of .l she has neither paid nor promised any person, firm or corporation approval may b4efnade in person at the heanng oriiled ttl wnbng pnor o or :I any discount, rebate, commission or refund for the purpose a 4h&,h6anng The Planning Board reserves the nght to recommend to :� of securing th' adverb en r publication in the said the City Commission whateverth0$0 artl ronsitlers in the best interest for newspaper: the area Involved interestetl parties`regtiesting information are asked to ,� contact the Planning antl zoning; Department by caging 663 6326 orrwnt IngtOthefll�tlre SSin(flCatEdabOVe�- ''t`i� ��'"' You are hereby atluised that if any person desires to appeal any tleci Sw n. bscribetl be ire m�if ' L tio with'respect td anq matter considerediatthis'meettng or hear 1 ing such person will need a record of the proceedings, antl, #or ®rik pur day f PR1L A. D. 2003 pose may need o ensure that a verbatim record o) the +proceedings is 1 made which record includes the testimony and evitlence upon which the appeal' is to be based (F S 286 0105 Refer to hearing number when :� makinganymglliry "i,��tr 4/18 .. ,T �u x, v ,03_fi9/356474M� (SEAL) MARIA L PAE3A Q_ C SION if CC 885840 O.V. FERBEYRE °[ p n I 5: March 4, 2002 �; of Bonded Thru Notary Public Underwriters E l9 eHergld ; www.,her:aalldl.0.pM SUNDAY, APRIL20,2003 COURTESY SUMMARY NOTIGE F' ' a ° ` CITY OF SOUR- IAN Planning and Zoning Department 6130 Sunset Dn�e South Miaml; `Flonda=33143 Phor a (305) 663 - 6326; Fax #: (305) 666-4591 - On Tatesday, 4pror 29,.;20®3 at i:'30, Pali. the City of South Miami Planning ' Board will conduct Fubhc Hearings in "the`City Commission Charrlbers.at the „ above addresson the'followtng ifem: A" RESOLUTION OF THE MAYOR & CITY COMMISSION. OF THE CITY OF SOUTH ` MIAMI;. FLORIDA, RELATING TO A R E QUEST FOR A MARIANCE FROM :SECTION 20 ,3 5(E) OFTHE LAND,DEUELOPMENT. CODE T0. -"ALLOW THE; FRONTAGE OF A .' BUILDING SITE TO BE 66.67 FEET, WHERE A.MINIMUM.OF„ 75 FEET. IS' REQUIRED, °AND TO ALLOW THENET AREA` OF A, BUILDING,$ITE TO BE 9,316 SQUARE FEET; WHERE :10,000 SQUARE -FEET 1S .REQUIRED; O.N PRQPERTY' ' WITHIN AN. "RS 3". SI,NGLE.FANIILY"RESIDENTIAL 'USE DISTRICT,' LOCATED AT 7230:7240 SW 63RD', COURT, 'SOUTH MIAMI, FLORIDA, AND' .LEGALLY. DESCRIBED AS LOTS 7, 8, 9, AND:,10, BLOCK �, "SUPtSET VILLAS" PLAT BOOK 15, PAGE 42, ,(THE GRANTING OF 3THE VARIANCE WOULD ALLOW FQR THE CQNSTRUCAU J OF rTHREE SINGLE FA "-R DWELLINGS), AND b _10 PROVIDING FORAN EFFECTIVE DATE tt�i`? w `� ' for mole information regartlmg this apQbcationor aqy mattes pleasexall (305) 663 6326 Ail mte[ested parties are urgetl to attend , Obfecbons ;or expressions of approval may 6e:matle im. ` person at the hearing or f* f1 in wntmg poor to or at the hearing The Planning Board reserves the right "to;recommendto the CityCommissien whatever the board cohsiders m the best mterestfor the area,invalved Interested parties. requesbngiinfarmation;aie asked td contact the' Planning and Zoning Deparfinerd by calling 663 632eor wntmg'to, the address indicated above y You are' hereby advised that if any person desires to appeal any decision made with respect to ariy matterconsI&M at this meet!rig or hearing such person wdl need: a tecortl:of he proceedings, and fo "r "such purpose,may need to ensure that a verbgrn recbrd of the proceedingsfs made which recortl includes the testimon and evidence upanE which the �ppeaFis to be 6gasedq(FS 286 0105){ r g Vv p I .,IP PLANTER FN `p 00 ^ti ANTER ':Q•.'• ; O NA x 3.3'40.1' 16"1 ti0 x1 ONE STORY - (RESIDENCE LOT 1 r25 No 6340 N BLOCK 2 p 19.60' F.F.E. = 15.58 LOT 5 LOT 4 N10' .39.3' BLOCK 2 BLOCK:2 o"' n 21 6.8' 6- '0 z 15 o � c cc 00 a y O LOT 3 I I X BLOCK 2 ° Z 0.90' L n A 6, I O I ^ry1 FND IRON 50.00' I- I (NO ID). ° N90 °00'00 "E ON LINE _ L — FOUND 16" °v, - IRON .PIPE LOT LINE .. a? _ o� ° ( NO ID.) 0.60 (.. �.I O o x LOT 6 o0 0 Oi BLOCK 2 x x I o O Lin of 2.0' 139.74' N90 °0000' "E „4 —„ T — — —11 — LOT'LINE ' x 32.60' 16.3' I' _ C) LOT 7 O o BLOCK 2 0 7.6'." O W, 7 O N m K NQ 7.0' I 21.9' 10:0' r^ SLOT LINE o ONE STORY 0 _ — — =MENCE o W 139.74' N90 °00'00 "E _t coNC MM LL No 7230 N ° F.F.E. = 14.60, 0 40.7° 21.63' 9 o UTILITY 4' o - O...O p<O N O IL. O O W) z x LOT W b BLOCK 2 o a 0 N 33.0' coNC: 139 74' N90 °00'00 "E 1,k LOT LINE 22.0 ..... o, �-CONC D,- —. —o .UTILITY _ -' ..7 11.0° . .. z. - :CONC. ti� - - b x� 25.20' x.50.3' o In ONE`STORY LOT 9 ...,. .. RESIDENCE _ BLOCK 2 oM No 7240 °n ZF.F.E.= 14.26.0 o o 24.08. �n If 50.4' m -LOT LINE Z 139.74' N90 °0900 "E W . LL o Nti' LOT 10 VACANT X ^ry x 0 BLOCK 2 LOT O O u� O. l 41 25.01 SET W' 139.74' N90 °00'00 "E IRON REBAR SET" OUND # 6801. IRON REBAR NAIL #6801 S.W. 72nd STREET O U b M Cq t Variances 7220 — 7240 SW 63 Court Other lots on same street are 50 foot wide lots �_ �. 71�JC�L' r __j aO n r - - -- - - - - = -- I BREAKFAST COVERED TERRACE 12' -0" I DINING ROOM m i � I I � KIyCI-0EY� m I_ r-- - --' -= - - - - -- - - - -- AP�YRY FAMLY ROOM o 1 _ - _.. I L -- --- --------- - - - - -J �I�o�� ROOM : p' -8" 4' 2' -8 q•.4' 4' -10' 5 -II" Y6� ' O N �- I O I O FOYER � 4 II!-I' 1 F61 O dAl��DRY =COVERED,� Fol 2 CAR GAR GE - O N 8" FIRST FLOOR PLAN LAND ARIA- 9.392 S.F. LOT COVERAGE. 2,311 3.F.= 24.3 ^/ FIRST FLOOR AC AREA, 9,459 3.F SECOND FLOOR AC AREA- 9..332' 3.R CARAOv AREA, 449 8.F. REAR COVERED TERRAbE AREA, 242 8.9 RROR4 COVERED PORCH AREA, 979 S.F. BALCONY . 36 S.F. O 0 N N Ef QD a Ld J U O (n ��pA WV. r6 Y d0 dY d4 Pik k ^ os.7'V i9, PJ£9 MS f„ � �f of IYS op iL A q WS, :=,=vmtu •uJ1BRtl a''�'' M•S P4 Off ca �/ M m W s N C B dm� — �'110 v �; N `t=. •�' ¢ - r, 0'7f /h ° .v ° 1YYA o� •a.nrsswrrs :4 � t 01 y� � T G b L) _ d Zw�Wm aro u ri G a a v v M 6 ¢o a o ai ±L m Q o o �n Z O �, G.0 T C G W LL - L1 N a, ,o a w fn n l I In I o w N.W ��yC NC WC O pq O U— L O L D U N y W'd �1 E♦Y�J W t_ ll V J ref CC c.i m II f,f (a M Par w .O - -.�eQ Wln m10*1 LLLG NO. l • T7 al 1? O O m N N W W U �t Q F �L S .111 W S W o o o "..CL of n o v a ui YO J a h .1A _ O m (n O ill T m oil Q— WW ® u u N U J �Ofr > W L4 1: w o u N w o o o O Q cc = c �� _ -i LL a m w o w _ r U 11 z x Te-.. �,,� ,r p 'k. arc. a'.. ., tea. „-.-.. -,.» I* I { s-,, a mm -sue- ^' ., - F".; k"1 IN • a I ERs �' .d I i•�ii9 Pik k ^ os.7'V i9, PJ£9 MS f„ � �f of IYS op iL A q WS, :=,=vmtu •uJ1BRtl a''�'' M•S P4 Off ca �/ M m W s N C B dm� — �'110 v �; N `t=. •�' ¢ - r, 0'7f /h ° .v ° 1YYA o� •a.nrsswrrs :4 � t 01 y� � T G b L) _ d Zw�Wm aro u ri G a a v v M 6 ¢o a o ai ±L m Q o o �n Z O �, G.0 T C G W LL - L1 N a, ,o a w fn n l I In I o w N.W ��yC NC WC O pq O U— L O L D U N y W'd �1 E♦Y�J W t_ ll V J ref CC c.i m II f,f (a M Par w .O - -.�eQ Wln m10*1 LLLG NO. l • T7 al 1? O O m N N W W U �t Q F �L S .111 W S W o o o "..CL of n o v a ui YO J a h .1A _ O m (n O ill T m oil Q— WW ® u u N U J �Ofr > W L4 1: w o u N w o o o O Q cc = c �� _ -i LL a m w o w _ r U 11 z x Te-.. �,,� ,r p 'k. arc. a'.. ., tea. „-.-.. -,.» I* I { s-,, a mm -sue- ^' ., - F".; k"1 CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes - Tuesday, April 29,'2003 ITEM: PB -03 -003 Applicant: 7220 Development Corp. Location: 7230 -7240 SW 63`d Court Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW THE FRONTAGE OF A BUILDING SITE TO BE 66.67 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED AND TO ALLOW THE NET AREA OF A BUILDING SITE TO BE 9,316 SQUARE FEET, WHERE 10,000' SQUARE FEET IS REQUIRED, ON PROPERTY WITHIN AN "RS-3" SINGLE- FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7230 -7240 SW 63`a COURT, SOUTH MIAMI, FLORIDA, AND LEGALLY' DESCRIBED AS LOTS 7, 8, 9, AND 10, BLOCK 2, "SUNSET VILLAS" PLAT BOOK 15, PAGE 42; (THE GRANTING OF THE VARIANCE WOULD ALLOW FOR THE CONSTRUCTION OF THREE SINGLE- FAMILY RESIDENTIAL DWELLINGS); AND PROVIDING FOR AN EFFECTIVE DATE. Applicant: Javier Vazquez' Tony Delgado Speakers: Jay Beckman Yvonne Beckman Christopher Cook- Yarborogh Bob Welsh David Tucker, Sr. Craig Sherar Mercedes Asher James Paul Campo Action: Mr. Liddy read the item into record and Mr. Lorber introduced the request: The applicant, 7220 Development Corp., is requesting approval of a: variance from section 20 -3.5E of the Land Development Code to allow the frontage of three (3) building sites to be 66.67 feet, where a minimum of 75 feet is required. The area is zoned RS -3; permitting single family homes. The parent parcel contains 200 feet of street frontage (4 platted lots of 50 feet in width). Normally, because houses existed on one or more of the lots, the City could grant "lot -of- record" status and homes could be built on each of the 50-foot lots. However, the properties had been assembled by one owner, and had lost the right to claim lot -of- record status. Therefore, the only subdivision possible now under the Land Development Code minimum regulations would be into two (2) 100 -foot lots. Since the neighborhood and especially this section of SW 63`d Court is made up of primarily small lots of 73 feet or smaller, the creation of 100 foot lots is impractical from an economic standpoint and from a neighborhood compatibility standpoint. Therefore, the applicant has chosen to apply for variance to create three (3) 67 foot lots instead. The Board requested clarification on issues pertaining to zoning where the parcels in the area differ in size from one another. Mr. Lorber explained that RS -3 zoning was applied to most residential areas where 50 feet platted parcels were already in place. RS -3 requires a minimum frontage of 75 feet. The applicant presented the project to the Board.' Renderings were also presented, showing the three proposed two -story homes. Mr. Welsh, Mr. Campo and Ms. Asher, all spoke in favor of the project and Mr. Welsh referred to a meeting with the neighbors which was held at his home and where all the attendees were in favor of the project as well However, Mr. Walsh did not specify the number of persons who attended said meeting. The rest of the speakers addressed the Board against the project. In general, the speakers stated that based on the criteria for a variance application, the applicant did not appear to have a valid hardship to support his request. It was the consensus of the Board to recommend denial since they found that the homes were not in harmony with the character of the area where the rest of the neighboring homes were very small. Also, this would create a precedent which will impact the rest of the City in negative way. Motion: Mr. Illas moved to deny the request for variance as presented. Mr. Comendeiro seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Morton) sour, CITY OF SOUTH MIAMI South,Miami All- AWcaCfty Excellence, Integrity, Inclusion INCORPORATED • 1927. O Rte 2001 TO: Honorable Mayor, Vice Mayor DATE:. May 29, 2003 & City Commission FROM:. Sanford A. Youkilis ITEM No. Acting City Manager RE: Authorizing the City Manager to execute agreement with the lowest responsible bidder for the Proposed Snapper Creek Drainage Improvements — Phase 1 RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH SERRALTA REBULL SERIG, INC. FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS PHASE 1 CONSTRUCTION AT AN AMOUNT OF $136,024.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001 - 0000 - 132 -2060; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS The proposed roadway project is intended to provide much needed drainage improvements along SW 86th Street between SW > 58th Avenue and SW 60th Avenue and SW 59th Avenue from SW 86th Street to SW 87th Street. The construction activities will also include the -re- grading, resurfacing and pavement marking within the disturbed corridor. The request` for construction bids for the project was advertised in the Miami Daily Business Review on Monday, April 14, 2003. Eight contractors submitted sealed bids for the project. The bids were publicly opened the last day of bid submittal (Tuesday, May 13, 2003) at 3 05pm, Since the bid opening, the engineer of record has tabulated the bids, reviewed' and evaluated all bids, verified references, verified bid bond and discus: sed the project with the lowest responsible bidder (Serralta Rebull Serig, Inc.) to make sure the scope of work is clearly understood as designed and specified.' The Engineer of Record (Consulting Engineering & Science) has submitted the attached letter of recommendation for Serralta Rebull Serig, Inc. This project will be funded through Legislative Appropriation grant administered by South Florida Water Management District. The project's account balance, without this project, is $587,172.50. Public Works Department's account management sheet, per submitted requisitions is attached. Page 2 of 2 Comm. Mtg. Agenda May 29, 2003 RECOMMENDATION It is recommended that the City Commission approve the funding for the work to be performed. Attachments: a Proposed Resolution ❑ Bid Opening Report ❑ Tabulated Bids ❑ Certified Advertised Notice of Bid Invitation ❑ Engineer of Record's letter of recommendation ❑ Map of Project Area ❑ Public Works Department's account management sheet SAY /RL (Dept Director's initials) 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 4 FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH 5 SERRALTA REBULL SERIG, INC. FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS — PHASE 1 6 CONSTRUCTION AT AN AMOUNT OF $136,024.50 TO BE CHARGED TO SOUTH FLORIDA WATER 7 MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001- 0000 -132 -2060; PROVIDING FOR AN 8 EFFECTIVE DATE 9 10 WHEREAS, the Mayor and City commission wishes to provide drainage construction improvements 11 within Snapper Creek area (SW 86th Street from SW 58 b Avenue to SW 6W' and SW 59"' Avenue from 12 SW 86th Street to SW 87h Street) under a project known as Snapper Creek Drainage Improvement - Phase 1 13 and; 14 15 WHEREAS, the construction activities will consist of drainage system improvements, right -of -way 16 re- grading, re- surfacing and pavement marking within the construction corridor, and; 17 18 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction 19 contract with Serralta Rebull Serig, Inc. for Snapper Creek Drainage Improvements — Phase 1, project for an 20 amount of $136,024.50.` 21 22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1: The city received seven bids in response to the Notice of Bid Invitation advertised 26 in the Miami Daily Business Review on April 14 2003. 27 28 Section 2: The engineering consultant reviewed the bids and recommended that the contract be 29 awarded to the lowest responsible bidder: Serralta Rebull Serig, Inc. 30 31 Section 3: The project will be funded through grant from Legislative Appropriation funds 32 managed by South Florida Water Management District under grant account number 001- 0000 - 132 -2060. 33 34 Section 4: That the Mayor and City Commission authorize the City Manager to execute an 35 agreement with Serralta Rebull Serig, Inc. for the construction of Snapper Creek Drainage Improvements - 36 Phase l for an amount of $136,024.50. 37 38 PASSED AND ADOPTED this day of 92003. 39 40 APPROVED: ATTEST: 41 42 43 Ronetta Taylor, City Clerk Horace G. Feliu, Mayor 44 45 46 READ AND APPROVED AS TO FORM: Commission Vote: 47 Mayor Feliu: 48 Vice Mayor Russell: 49 Commissioner Bethel: 50 CITY ATTORNEY Commissioner'Wiscombe: 51 Commissioner McCrea: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida ;`' ro `�'� w t� °, ` ; STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Businessa Review f /k/a Miami Review, a daily (except Sunday + y ( t p and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement,+z �YN[QTICENQF BDINVITATION,sr `y{ being a Legal Advertisement of Notice in the matter of � �'CI'1'lI'�OFtSOU�'H MIAMI ��D NO:Ct03.051� i s�r'dk1t SECTION 00020 - NOTICE OF BID INVITATION h f �h �� CITY OF SOUTH MIAMI BID NO. C103-0513 T e City o South {I la nl wrll re a ue sea ed ro�os Is�htA local +t Tuesday,aya 3�003tYat theCl�tr Clerk "sffee, City Hall, 6730nset Dnrie£ Soukt"Iamf� F�orida3143�for tfie,following"profecG� in the XXXX Court, Ex5 re3 tUxf {I a „C' hr?,.ks�r was published in said newspaper in the issues ofr, SnapperCreek "Drama�erlpra��ements,phasel „, krnS WnB�thStr etv S Yttr58th YrenretS 11y "M69fh +Awenue'j� a 04 /14 /2003,iS "W,,i,'S9iha enue(SII 86thtreeto1711r87th +Street)1�k t i s�7he��prq�e"c(,,cd sls�s; �of�tlralpagea�o�e�m„�nts�pd��re�st��atlon along,, Affiant further says that the said Miami Daily Business S E 86tIStree S 53h Ay 7iU, fq S Y� -60h ptvenueJ, S �Vl� 9h� Review is a newspaper published at Miami in said Miami -Dade Avckue y6rs��S�,&i Streej; �� p� County, Florida and that the said newspaper has�� heretofore been continuously published in said Miami-Dade County, Bjtldwbe�opene „pubitciy atgt °shortlyfter, 305Pl�onuthe same • atem =�he�I,ty�C��rnmiss�ori C�iarnbe�s m the,Soti(I��Aratrh�it }isl(, 8930 , Florida, each day (except Saturday, Sunday and Legal, Holidays) Sunset Dnve;oiath INlaml, Flonda33143��k,��`.r „ ", and has biaen entered as second class mail matter at the post 4��1r �rf J4 office in Miami in said Miami Dade County, Florida, fora ��Bld ocumentsay beobtad, n crafter; >Mgntl y °1prr1 14 2003 g i N'd period of one year next preceding the first publication of the fromthepfftcesoCrt�Cler�C " 613d�SunsetrDrwfe ,k�Solttit►N��aml iFlorrtlat attached copy of advertisement; and aff iant further says that he or 33143 ;$ 5QOQnon4re #untlablel�bepositnpe „set "off plans,agd�speclfica she has neither paid nor promised any person, firm or corporation anydiscount, re te, commission or refund for the purposeTtaeswll bheawa detl to 1hfjo�weesonsi le� Idr�If +,however +' of securing h' adverb ublication in the said 9 thelty 111anagetldgems ti #obe rnfe besteres� of�fh;Clty of South Mr , newspaper aml, tl e; t#yof Sou h Miami re enies itte ngf)t a re ect an �afic all bids` to awalve�an�;mforrnatron rn anybrds and�to cre�se,or•decreasethepcap� *9r Ri irQ Bids M!ttrcJl Gontalr(rrre0ulantles of any kmd, ;maybe rejected as rnfor ; Sworn to and su ribed before me thl . a A non,,�na�dto S,p�re pld�canfererfc� ��t,��e�held��t the�Crty a�- Soutfl � 14 day of IL A. MlarrtlGrty Cotnrnrsslon C�arhber 61130 Sunset Dpve, South MlarprFlon i da 331'at 10 0O A� M'local tune Thu sdayr, Mary �; 2003 4All! terested �#,r rx+ a y "'y" #'J L� G� ��a'f�•"'�. �"`k"i ti'4`k k��r �? contracto s are rnwfe�to attend` � � x r � �' The,Clty of South Miami rs an Equal Opporturnty Employer antl ercour i apes the particlpalon of'certrfled Black MBErcontractors� + (SEA ) ` T# �ita`?a�',�.'"k'kq�' �:. �~b �? .�f�i r<< -t �s �z �.?'� r” �,fa '^! !,�„✓;x , r Fey ,. t t '! OFFICIAL NOTARY SF.Ad. � �iLERENA RonettaTaylor,CMCft �^ + O.V. FERBEYRE perso I�kkn�own City Clerk OI ARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 4/14F _ -: , # OM= _.. MY COMMISSION EXP. JUNE 23,2004' CONSULTING ENGINEERING & SCIENCE, INC. Civil Engineers Coastal Engineers Environmental Scientists May 22, 2003 HAND DELIVERED W. ,,Ajibola Balogun, REM Public 'Works Director City of South Miami 4795 S.W. 75th Avenue Miami, Florida 33155 Re: City of South Miami - Project No.'CI03 -0513 Snapper Creek Drainage Improvements - Phase T S.W. 86th Street (S.W. 58th Avenue to S.W. 60th Avenue) S.W. 59th Avenue (S.W. 86th Street to S.W. 87th° Street) Dear Mr. Balogun: On May 13,;2003, proposals were received for the above referenced project. Ten (10)copies of the Bid Tabulation are enclosed for your use. The low bid of $136,024.50 was submitted by Serralta Rebull'Serig, Inc.,, a local General Contractor based in Miami, Florida. The specified contract time for this project is One Hundred Twenty (120) calendar days for final completion.' We have checked the bid submitted by Serralta Rebull Serig, Inc., and have found no discrepancies or qualifying statements. The bid was accompanied by proper bid security, and we checked references for performance on completed projects with other clients. All four (4) of the references checked were above average. Based on our findings,` it is our opinion that this General Contractor is qualified and capable of performing the work. Therefore, we recommend the project be awarded to Serralta Rebull Serig,'Inc, subject to acceptance by the City Council'; execution of the Contract Agreement; and, submittal by the General Contractor of the required Performance and Payment Bonds and Certificates of Insurance, 8925 S.W. -148th Street, Suite 100 • Miami, Florida 33176 • Phone: (305)378 =5555 • Fax: (305)378.9304 W. Ajibola Balogun, REM May 22, 2003 Page 2 Should you have any questions, please call. Very Truly Yours, CO LTING VEERING & SCIENCE, INC. 7 F ichard B ochnovich, P.E. enior Vi e President (0163.03) Attachments; Bid Tabulation Sheet ..:- ,''°'�r*,.T, -m -,-•T; , --a-- •gym.- ,.. -.... ,-.- .:,, -tea — se:'' -� a.a;. , :�;'., i 0 z W M O O N O> N W I O Z rr h n LO o o p a -� co O o p o O o r _ o 0) CID cn co jjr f (A lnA ,O a0 O CD p NIM PA"0 o ; Oco co p ,r f n � LC) co Lf) ` r w: INA N 'n" CD * p co OX co 00 CIO U) Y "`� 1p LLi &i N U'), O CL r O }V,R, .• p r LO !: 7• O C9 N CO co O r Lf) LO CO 0 LO CO CID kegs } to J Lf) co r � � CO Ch O O LO O d• P O L co i. O i �r .'ci O GO Lf) k OD co j O tp LO CO , OD � O CU � O tl) r Co CC) x i LO co � tA m c O n 1' O co O , �n lCj ' ;kl£r Lo O �� M p oo rn o m o° N co OD (ID LO N , Nt �� + „„ ,i *PEI N i @ rt R SW ` SST �� LL CIO C) o 0 0 0 o r +` U, p a w, Ip s e1 L U) . 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"O 2: : (n 3 `° ',AM 30 (D m ` o° 6z AW nmW U lz -i 0 C Z 1 A N.. 1 O O 7 A 0 C z ..1 x n m 1 a c' n O V O Z 1 ..1 S M 9 1 N G 3 n O N C Z .:1 0 ...1 ;00 O 3 m N A y c O P 7 Q N 1 o� soul, i CITY OF SOUTH MIAMI South Miami WAmedcaft U Excellence, Integrity, Inclusion t INCORPORATED 1927 RtO R 2001 TO: Honorable Mayor, Vice Mayor DATE May 29, 2003 & City Commission FROM: Sanford A. Youkilis ITEM. No. Acting City Manag RE: Authorizing the City Manager to execute change order with TJ Pavement Corp. for the Multi - purpose Center Onsite /Offsite Improvements RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER WITH T. J. PAVEMENT CORP. FOR THE MULTIPURPOSE CENTER ONSITE & OFFSITE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $8,714.90 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT ACCOUNT No. 001 - 0000 - 132 -2055; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS As indicated during February 18, 2003 commission meeting, changes had to be made original construction plans for the potable drinking water & fire protection for the Multi- purpose Center, due to unforeseen gas line conflict. As a result, Miami -Dade WASD requested that the gas line be relocated in order to accommodate the new water line. During the February 18, 2003 meeting, the city commission approved the funding to relocate the gas line via resolution 25 -03- 11574. In addition, a new alignment had to be created for the new waterline, to include additional pipe, fittings and longer construction process. The additional' cost of $8,714.90 were for: ❑ Furnish & installation of additional 57 lineal feet of 12 -inch DI pipes with fittings & specials ❑ Furnish & installation of five 12 -inch 45- degree bends with fittings and specials ❑ Relocation of 12" x12" tapping sleeve ❑ Relocation of 12 -inch Tapping valve Florida Department of Environmental Protection will fund the $8,714.90 through Legislative Appropriation grant. The grant's account balance, without: this request is $14,135.17. Public Works Department's account management sheet, per submitted requisitions is attached. Page 2 of 2 Comm. Mtg. Agenda May 29, 2003 RECOMMENDATION It is recommended that the City Commission approve the funding for the work. Attachments: ❑ Proposed Resolution ❑ Resolution No. 165 -02 -11514 ❑ Detail change order tabulation sheet ❑ Public Works Department's account management sheet SAY /RL (Dept Director's initials) I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER WITH T. J. 5 PAVEMENT CORP. FOR THE MULTIPURPOSE CENTER ONSITE & OFFSITE IMPROVEMENTS 6 CONSTRUCTION AT AN AMOUNT OF $8,714.90 TO BE CHARGED TO FLORIDA DEPARTMENT OF 7 ENVIRONMENTAL PROTECTION GRANT ACCOUNT No. 001 - 0000 -132 -2055; PROVIDING FOR AN 8 EFFECTIVE DATE.' 9 10 WHEREAS, the Mayor and City commission wishes to provide onsite and offsite (SW 58"' Place 11 from SW 66"' Street to SW 68"' Street and SW 68d' Street from SW 58th Place to Commerce Lane) improvement 12 to the Multipurpose Center, and; 13 14 WHEREAS, the construction activities will consist of watermain extension along SW 68tt' Street, 15 roadway re- alignment to include' traffic calming features along SW 58th Place, new sidewalk, roadway 16 resurfacing, parking, stalls, pavement marking and landscaping, and; 17 18 WHEREAS, the Mayor and City Commission authorized the City Manager to execute a construction 19 contract with T. J. Pavement Corp. for the construction of Multi- purpose Center Onsite and Offsite 20 improvements for an amount of $287,231.83 via resolution number 165 -02- 11514, and; 21 22 WHEREAS, due to unforeseen underground utilities conflicts with the proposed watermain 23 extension for the project, the City Commission authorize the City Manager to execute' a Change Order to the 24 construction contractor in an amount of $8,714.90. 25 26 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the 27' CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1 That the Mayor and City Commission authorize the City Manager to execute a 30 Change Order with T. J. Paving, Corp. for the additional construction cost of $8,714.90 for Multi - purpose 31 Center Onsite and Offsite Improvements. 32 33 Section 2: The additional construction cost > (Change Order) will be funded through the Florida 34 Department of Environmental Protection Water Grant account number 001 - 0000 -132 -2055. 35 36 PASSED AND ADOPTED this day of 2003. 37 38 39 APPROVED: ATTEST: 40 41 42 Ronetta Taylor, City Clerk Horace G. Feliu, Mayor 43 44 45 READ 'AND APPROVED AS TO FORM: Commission Vote: 46 Mayor Feliu: 47 Vice Mayor Russell: 48 Commissioner Bethel: 49 CITY ATTORNEY Commissioner Wiscombe: 50 Commissioner McCrea 51 12/16/2002 13:33 3056687356 CITY OF SUUIH MIAMI l Atat �1 RESOLUTION NO. 165 -02 -11514 A RESOLUTION OF THE MAY•Ok AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORJDA, AUTHORIZING THE CITY MAMNAGER TO EXECUTE AGREEMENT WITH T. J. PAVEMENT CORP. FOR MULTIIPURPOSE CENTER ONSI717 & OFFSITE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $287,231.83 TO BE PAID FROM MIAMI -DADE COUNTY OFFICE` OF COMMUNITY dl: ECONOMIC' DEVELOPMENT (OCED) FY 2002 GRANT AND U.S, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) FY 2001 EDI- GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City commission wishes to provide onsitas and offsite (SW 58 ", FlWe from SW 6e Street to SW 68iA Street and SW 68'' Street From SW 3A"' Place to Conunerce Iane) impr(woment,to the Multipurpose Cenw, and: WHEREAS, the construction activities will consist of watennain extension along SW ¢8°' Street, ` roadway ro-attigttmett to include traffic calming feawres "along SW 58r' Plawc, ncwv sidewalk, roadway resurfaoing, parting > talls, pavement marking seed landsmping, and-, WHEREAS, the Mayor And City Commission authorize the City, Manager to execute a construction contract with T. J. Pavement Corp. for the construction of Multi - purpose Center Onsite and Ofisite improvements for ate amount ofS287,231.83. ' NOW THEREFORE, be it RESOLVED by dte MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAK FLORIDA:' EMion 1: The city rewived six bids in nwpotwe to the Notice of Bid Invitation advertised in the Miami Daily Business Reviow on Monday. July 22, 2202. Section 2: The =Sincering consultant review the bide and recommended that Elio contmot be awatdai to Ito Iowcst reap =: 1b1c bidder T. J. Paving Corp. Saction i The project will be funded tiuough tho.Miami -Dade County OCED'Community Development Black'Orant and U. S. Department of HUD FY 2041 ED1- Special Omni.' tign..4: That dw Mayor -and City Commission authorize the City mmogor to axccutc an agreeanent with T. L Paving. Corp. for the construction of Multi - purpose Cotter Onsite and Of'l�im Improvements for a n mount' of $287,23 1.83 PASSED AND AD019 0 this �%ofNovemboc, 2002. ATTEST- APPROVED- Ronats Taylor. 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N N N = - _ t t71 C a� — 7 7 O - o a , ,m c D U U _ ca o o c c ' '� O �G o a N. o Q j V 0 0 0 0 0 O O O O O O: M j •� o000000�OooM o � y � 0000 �ONO`O O O OOd O'In MN WOO 0 0) N �' QZ InONti� O� OO 1- N Q u H OMCODO �� IN Z M Q Q r N d) ; r r cO N N 0 M M M M M H NNNNNO ONO00 O 00 ■ N N � � N N N „ O a 0000 CD v O Nzz O r 0) 01 O O O r- N Sh tf) LO LO � I a O N H � Z M 7 O I O V O O ;a w r IL �, o n c Z Q Q N 0 O N C J w a p a' °a E W C C 'o i > i 44 ar i- 1- F- F- t6 f-' a MM a) MM N.�- -M� M •- U I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO ELECTIONS IN MIAMI DADS 6 COUNTY; SUPPORTING THE ELECTION REFORM 7 COALITION CITIZENS' PETITION TO THE MIAMI DADS' 8 COUNTY COMMISSION TO MODIFY THE BALLOT' 9 PROCESS TO ENSURE VOTE INTEGRITY; PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, the Election Reform Coalition is circulating a petition 13 advocating that the administration of the election process in Miami -Dade County 14 be modified so that the integrity of the process is restored as most people perceive 15 the election process as jeopardized and 16 17 WHEREAS, the petition publicizes the importance of counting every vote 18 as the most basic step toward a functioning democracy, where every voter's 19 registration and ballot must be protected and respected; and 2'0 21 WHEREAS, the petition demands that: 1) the voting machine automatically 22 produce an official paper ballot, creating` a public record for counting, 23 certification, audit and manual recount purposes, which also allowing the voter an 24 opportunity to make corrections before the ballot is final; 2) Miami -Dade County 25 reinstate every voter who was wrongfully purged, and that the County review, 26 verify and correct if necessary all information in the voter rolls every two years, 27 by June Is' before every national election; 3) Every household shall receive by 28 mail a single trilingual 'sample ballot in English, Spanish, and Creole, at least one 29 week before the start of early voting; 4) Miami -Dade County conduct frequent 30 voter registration_ campaigns in English, Spanish and Creole in addition to making 31 on -going announcements in all news media for 90 days before each election giving 32 clear and helpful instructions for voters, especially those who have recently moved 33 or about to move; and 5) Miami -Dade County shall immediately notify every voter 34 whose absentee or provisional ballot is not counted and provide a system to allow 35 the voter to dispute that decision before the election is certified. 36 37 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 39 40 Section 1. The City Commission hereby supports the Election Reform 41 Coalition Citizens' Petition in its entirety. 42 Additions shown by underlining and deletions shown by ever-striking. 1 Section 2 The City Clerk is hereby directed to provide copies of this 2 executed resolution to the Miami -Dade County Commission, the Miami -Dade 3 County Manager, the Election Reform Coalition ' and all Miami -Dade County 4 Municipalities. 5 6 Section 3. This resolution shall take effect immediately upon approval 7 8 PASSED AND ADOPTED this day of , 2003. 9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 Commission Voter 16 READ AND APPROVED AS TO FORM: Mayor Feliu: 17 Vice Mayor Russell; 18 Commissioner Wiscombe: 19 CITY ATTORNEY Commissioner Bethel: 20 Commissioner McCrea: 21' Page 2 of 2 i9tirry o,_°"sRT ^TFt,..:: .•, <,,, . 'T,5,� —`'ro, .:' t . , � �"�". to m., �V"��`r:`�"'� 3"uiw""k � ..�; 'ikfvn^ 1. PAPER BALLOTS: I demand that the voting machine automatically produce my vote on an individual paper ballot and that I have an opportunity to make corrections before the ballot is final. This paper ballot must be the official ballot and record of my vote for counting, certification; audit, and manual recount purposes. 2. CORRECT VOTER ROLLS: I demand that the County reinstate every voter who was wrongfully purged, and that the County review, verify, and correct if necessary all information in the voter rolls every two years, by June Ist before every national election. 3. SAMPLE BALLOTS: I demand that every household receive by mail a single trilingual sample ballot in English, Spanish, and Creole, at least one week before the start of early voting. 4. VOTER REGISTRATION: I- demand that the County conduct frequent voter registration campaigns in English, Spanish, and Creole. The County must make ongoing announcements in all news media for 90 days before each election giving clear and helpful instructions for voters, especially those who have moved recently or are about to move. 5. NOTIFICATION OF UNCOUNTED VOTES: I demand that the County immediately notify every voter whose absentee or pro- visional ballot is not counted and provide a system to allow the voter to dispute that decision before the election is certified. PETISYON,SITOYEN A KOMISYON KOMIN MIAMI DADE LA KREOL Uof mwen b'we kontet Eleksy?3n nbnOril n Mtamt Dade dwe soh nt,n knz pout rive non conftanse t Kbnte tout vot se pw"emye pa _pou`fonksyonman nu detrtoktast Chbk nnrepstreman vote tie mein ke bttten vot dwe'pro ?eje e: respekte: -Maven mange ke komsyon Kornin 1r, prgti mezi stla yo you l proteteivof mweit 1. BILTEN PAPEE: Mwen mande ke machin vot la otomatikman anrejistre vot mwen sou youn bitten an papye you bamwen chans you mwen fe koreksyon avan ke mwen fe vot final Ia. Bilten papye a fet you Ii sevi kom bilten t ofisyel a sevi tankou on dokiman ofisyel vot mwen o ka yo to bezwen konte, setifye, kontrole, a rekonte vot yo; a la men. 2. LIST VOTE KI KOREK: Mwen you Komin la reinskre chak vote ke to retire san rezon, a ke komin Ia reverifye, a korije si se nesese tout enfomasyon nan list vote y chak de (2) zan , a pati di pwemye jwyn avan elekyon nasyonal yo. 3. BILTEN KI SEVI KOM EKZANP: Mwen mande ke chak rezidans resevwa pa la post ou bilten Id sevi kom ekzanp an Angle, Panyol, a Kreyol, ou mwen ou semen avan ke moun komanse vote bone. 4. ANREJISTREMAN VOTE: Mwen mand ke Komin la fe kanpaw you anrejistreman vote an Angle, Panyol, a Kreol Komin la dwe pase de anon regilyeman nan tout pres nouvel pandan 90 jou avan chak eleksyon a bay enstriksyon Id kle a ki kapab ede vote yo, espesyalman sa ki fetcanje adres ou bwen ki pral chanje adres.. 5. ANONS VOT KI PA KONTE: Mwen mande ke komin la aveti chak vote ke yo pa to konte bilten ke yo voye a lavans ou bilten pa provision ke yo pa to konte a founi on system ke pemet vote diskite sou desizyon sila avan ke yo setifye eleksyon. Signature / „s�wati w Name (printeilj /kri non w anigiv6let pddir3sa "/ Ekn bdres au 1 2; 4: 5: 6.= 8: 9: 18 19: 20 21. 22 23: 24; 25. © 2003 Miami -Dade Eleetion ReForm Coalition - 4500 Biscayne Blvd., Suite 340 - Miamt, Ft 33 137 - 305 576.2337 ext. 17 or visit: www.ReformCoolition.org 1 RESOLUTION NO. 2. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 ATTORNEY'S FEES; APPROVING PAYMENT OF 7 ATTORNEY'S FEES FOR JAMES D. STOKES IN THE 8 AMOUNT OF $1,277.50 FROM THE CASH RESERVE FUND; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami 13 approved the retention of labor counsel James D. Stokes at the recommendation of 14 the city attorney, to represent the city in the matter of OPEIU v. 'City of South 15 Miami, PERC Case No. RC -2003 -026; and, 16 17 WHEREAS, Mr. Stokes has submitted an invoice for services rendered 18 during the month of ,April 2003, in the amount of $1,277.50, which the city 19 attorney has advised is reasonable; and 20 21 WHEREAS, the City Attorney desires the Mayor and City Commission to 22 authorize the use of funds in the cash reserve fund to pay for this invoice. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 Section 1. The invoice for attorneys' fees and costs received from James 28 D. Stokes in the total amount of $1,277.50 is approved for payment from the cash 29 reserve fund. 30 31 Section 2. The Finance Director is authorized to use funds in the cash 32 reserve fund to pay for this invoice. 33 34 Section 3. This resolution shall take: effect immediately upon approval. 35 36 PASSED AND ADOPTED this day of June, 2003. 37 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 Additions shown by underlining and deletions shown by wing. T 1 2 COMMISSION VOTE: 3 READ AND APPROVED AS TO FORM: Mayor Feliu 4 Vice Mayor Russell: 5 Commissioner Wiscombe: 6 CITY ATTORNEY Commissioner Bethel: 7 Commissioner McCrea: 8 9 10 11 12 \ \02srvplaw \prolaw\ Documents \0022\DAJ\18025.doc -Reso, Stokes bill Page 2 of 2 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A., IN 7 THE AMOUNT OF $879.65 FROM THE CASH RESERVE 8 FUND; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, in the case of National Rifle Ass 'n. of America, Inc., et al. v. 11 City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11th Cir. Ct. 2000) the NRA 12 filed a notice of appeal with the Florida Third District Court of Appeal from the 13 lower court's favorable order denying its motion for attorneys' fees; and, 14 15 WHEREAS, with the city commission's consent, the city attorney retained 16 outside counsel to defend the appeal; and, 17 18 WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the city for 19 legal services rendered, and costs advanced, for the period ending 20 March 31, 2003, in the amount of $879.65; and, 21 22 WHEREAS, the city 'attorney recommends payment of the attached invoice 23 as the amount of fees and costs are reasonable and necessary; and 24 25 WHEREAS, the City Attorney desires the Mayor and City Commission to 26 authorize the use of funds in the cash reserve fund to pay for these invoices. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. The invoice for attorneys' fees and costs received from 32 Greenberg Traurig, P.A., in the total amount of $879.65, is approved for payment 33 from the cash reserve fund. 34 35 Section 2. The Finance Director is authorized to use funds in the cash 36 reserve fund to pay for this invoice. 37 38 Section 3. This resolution shall take effect immediately upon approval Additions shown by underlining and deletions shown by evert g. 1 2 PASSED AND ADOPTED this day of June, 2003. 3 4 ATTEST: APPROVED: 5 6' 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \ \02srvplaw \prolaw \Documents \0022\DAJ\18042.doc 26 27 28 29' 30 31 32 33' 34 35 36 37 38 Page 2 of 2 40 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR NAG1N GALLOP FIGUEREDO, P.A. 7 IN THE AMOUNT OF $18,543.54 FROM THE CASH RESERVE 8 FUND; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of South Miami approved 11 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 12 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 13 14 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 15 for legal services rendered, and costs advanced, for the period ending 16 April 30, 2003, in the amount of $18,543.54; and, 17 18 WHEREAS, the City Attorney recommends payment of the attached 19 invoices; and 20 21 WHEREAS, the City Attorney desires the Mayor and City Commission to 22 authorize the use of funds in the cash reserve fund to pay for these invoices. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The invoices for attorneys' fees and costs received from 28 Nagin Gallop Figueredo, P.A., in the total amount of $18,543.54, are approved for 29 payment from the cash reserve fund. 30 31 Section 2. The Finance Director is authorized to use funds in the cash 32 reserve fund to pay for these invoices. 33 34 Section 3. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by ever-5hiking. `",:., - a°m =s :'-: �° T.? --T- .x-.= t—�- .—'.rx „sue. .- ,r- •- �.r.,� - �-� -m=-;. '±:tn S - 1 2 PASSED AND ADOPTED this day of June, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 \ \02srvplaw \prolaw\Doeuments \0022 \DAJ \18041.doc 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 Additions shown by underlining and deletions shown by ever ing. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & 7 TETZELI P.A. IN THE AMOUNT OF $3,826.80 FROM THE 8 CASH RESERVE FUND; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the II City of South Miami in which it seeks specific performance under a lease 12 agreement and, or, damages for an alleged breach of contract pertaining to the 13 proposed development of the SW 73 Street parking lot; and, 14 15 WHEREAS, with the city commission's consent, the city attorney retained 16 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the 17 lawsuit and, 18 19 WHEREAS, Kurzban Kurzban Weinger & Tetzeli, P.A. submitted an 20 invoice to the city for legal services rendered, and costs advanced, for the period 21 ending April 30, 2003, in the amount of $3,826.80; and, 22 23 WHEREAS, the city attorney recommends Ym a ent of the attached invoice P 24 as the amount of fees and costs are reasonable and necessary; and 25 26 WHEREAS, the City Attorney desires the Mayor and City Commission to 27 authorize the use of funds in the cash reserve fund to pay for these invoices. 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. The invoice for attorneys' fees and costs received from 33 Kurzban Kurzban Weinger & Tetzeli, P.A. in the total amount of $3,826.80, is 34 approved for payment from the cash reserve fund. 35 36 Section 2. The Finance Director is authorized to use funds in the cash 37 reserve fund to p ay for this invoice. 38 39 Section 3. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by ever ing. p 1 2 PASSED AND ADOPTED this day of June, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \ \02srvplaw \prolaw\ Documents \0022\DAAI8044.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 ''"..e,:,, �, ;.�•:.. .--'3 s' ^,. .,x :TR ^-^_ :�41M1"?r?F. °�.,� �'& 2'='". >.'^ rti ` .mk..., .o-'e.ir'i�,' €�,,p ^�"'.�y�.,."., �.,'�-5i "� ri"","}.'si !..qn. �4"kvh4 1