06-04-02CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: June 4, 2002 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: June 11, 2002 Phone: (305) 663 -6340
Time: 7:30 PM
i
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City"
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all- legislative, quasi- judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and - unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation
C. Pledge of Allegiance:
D. Presentation(s)(7:00 p.m.)
Principal Thomas L. Shaw - South Miami High School
Principal Rexford Darrow South Miami El- ementary School
REGULAR CITY COMMISSION 1
AGENDA - June 4, 2002
CAA - Sarah Thompkins
Architectural Design Update for 73rd Street Garage
Proclamation "Buckle Up America Days Operation :ABC"
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes - April 9th Special Meeting
2. City Manager's 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, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $18,625.00 TO R. N.
PALMER ROOFING CO. FOR INSTALLATION OF A NEW SUB -ROOF
AT THE SYLVA MARTIN BUILDING - ADDED EXPENDITURE AND
CHARGING THIS DISBURSEMENT TO ACCOUNT 001- 0000 - 219 -7300
"CAPITAL RESERVE "; PROVIDING AN EFFECTIVE DATE. 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT FOR AN OPEN PURCHASE
ORDER WITH FIREPOWER DISPLAYS UNLIMITED, INC., FOR THE
ANNUAL JULY 4TH CELEBRATION, AND AUTHORIZING THE
PURCHASE OF FIREWORKS BY THE PARKS & RECREATION
DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $15,000
(FIFTEEN THOUSAND DOLLARS), AND PROVIDING FOR
DISBURSEMENT FROM ACCOUNT NUMBER 2000- 4820, "FOURTH OF
JULY= FIREWORKS" FOR $1,700.00, AND RELEASING ADDITIONAL
FUNDS FROM ACCOUNT NUMBER 001 - 0000 - 2,19 -3500, "PARKS &
RECREATION DONATION ACCOUNT" IN THE AMOUNT OF
$3,533.00, AND ACCOUNT NUMBER 001 - 0000 -219 -7500, '114TH
OF JULY DONATIONS" IN THE AMOUNT OF $9,767.00;
PROVIDING AN EFFECTIVE DATE. 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
SAFETY; REPEALING SEC. 15 -7, OF THE CODE OF ORDINANCES
ENTITLED "LOCKING DEVICES REQUIRED FOR FIREARMS "; WHICH
REGULAR CITY COMMISSION 2
AGENDA - June 4, 2002
REQUIRES LOCKING DEVICES ON FIREARMS STORED IN THE CITY
OF SOUTH MIAMI; CREATES A PUBLIC DUTY; AND PROVIDES
CIVIL PENALTIES; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE 3/5
RESOLUTION (S) /PUBLIC HEARING (S)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A SETTLEMENT AGREEMENT WITH LISEA MERRICK;
PROVIDING AN EFFECTIVE DATE. 3/5
RESOLUTION (S)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE
LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY
CODE,,` REGARDING THE PROPERTY LOCATED IN THE RS -3, -LOW
DENSITY RESIDENTIAL,- LOCATED AT 5837 SW 82ND STREET,
SOUTH MIAMI, FLORIDA 33143 PROVIDING' FOR BONDING
PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES;
PROVIDING FOR A LEGAL DESCRIPTION AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A WAIVER OF PLAT PURSUANT TO SECTION 20- 4'.2(B) OF THE
LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY
CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 -LOW
DENSITY RESIDENTIAL,- LOCATED AT 8202 SW 61ST AVENUE,
SOUTH MIAMI FLORIDA 33143; PROVIDING FOR BONDING
PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES;
PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR
AN EFFECTIVE 'DATE . 3/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A WAIVER OF PLAT PURSUANT TO SECTION 20-4.2(B) OF THE
LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY
CODE REGARDING THE PROPERTY LOCATED IN THE RS -2, -SEMI -
ESTATE RESIDENTIAL,- LOCATED AT 5228 SW 63RD COURT,
SOUTH MIAMI, FLORIDA 33155; PROVIDING FOR BONDING
PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES;
PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR
AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 3
AGENDA - June 4. 2002
ORDINANCE (S) FIRST READING
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO 'ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT 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 4
AGENDA - June 4, 2002
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: June 4, 2002
FROM: Charles D. Scurr RE: Agenda Item #
City Manager Sylva Martin roof repair-added-expenditure
RATIFICATION OF AN EMERGENCY PROCUREMENT
The attached resolution seeks Commission approval of $18,625.00 expenditure associated with the
installation of a new roof for the Sylva Martin Building. This expenditure is in addition to the original
binding contract approved by City Commission on February 5, 2002, due to the present emergency situation
and state of disrepair of the existing roof.
BACKGROUND
On February 5, 2002, resolution #16- 02- 11365, City Commission approved expenditure of $8,000.00 for the
re- roofing of Sylva Martin Building due to water leaks and the deteriorated conditions of the existing roof.
The original project contemplated removing the existing shingles, minor decking repair, and the installation
of new felt and roof shingles. When the existing roof shingle were removed it became apparent that the roof
surface was inadequate and insufficient.
Specifically, the only wood on the roof currently is the tongue and groove wood planking that is visible from
inside the building. If the new roof shingles were nailed using the code required nails every nail would
pierce the tongue and groove planking and destroy the interior of the building.
The City's building official and City's roofing inspector were consulted and the recommendation was made
to install 1" dens deck insulation over existing roof deck and a 3/4" plywood sub -roof fastened to existing
rafters. This procedure will add the much - needed insulation, which this building is lacking and at the same
time will help improve energy efficiency. This procedure will also add the required thickness and strength in
order to preserve existing deck and is necessary to preserve the historic Sylva Martin Building.
This resolution is an emergency in that the roof is exposed and must be finished immediately in order to
avoid leaking and potentially serious damage.
Funding for this expenditure will come from account number, 001 - 0000 - 219 -7300, "Capital Reserve". The
balance on the account will be $ 20, 000.00 after this expenditure.
(continued...
MAYOR AND COMMISSION June 4, 2002 PAGE TWO
CONCLUSION AND RECOMMENDATION
Due to the present emergency situation and condition of the roof at Sylva Martin Building and the rainy
season upon us, this situation needs to be addressed immediately. The present situation can result in
equipment, furniture, and storage material damage and may contribute to an unsafe environment, not to
mention further damage to the existing wood deck and preservation of the historic building. This
expenditure will result in a properly protected building for years to come. Therefore, approval of this
resolution is recommended.
Attachments
Licensed & Insured �101austt! Ucense
Miami Office:
3555 N.W. 74th Street
Miami, FL 33147
REMLAR ROOFING CO.
d/b /a
R.N. PALMER ROOFING
'THREE GENERATIONS SINCE 1920'
305- 696 -6767
Fax: 305 - 696 -1608
PROPOSAL SUBMITTED TO
City of South Miami
PHONE
(305)663 -6350
DATE
May 21,2002
STREET
JOB NAME
6130 Sunset Dr.
CITY, STATE AND ZIP CODE
JOB LOCATION
South Miami F1.
ARCHITECT
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates fora
We propose to remove existing roofing down to sheathing boards or to a smooth and workable surface at and haul away all debris.
i
Remove #30 down to wood, deck replace any damaged sheathing as per
woodwork clause on original contract.
Install new 3/4" cox plywood fastened to rafters.
Apply one #30 tincapped as per code and as per original contract.
$12,275.00
Note: To install l" insulation over the top of existing decking
with plywood over top of insulation, woLtld be an additional
$5,800.00 with 4" face eave drip.
o v A
�� g� bas'•..
GUARANTEE A N 4 year guarantee on 1J, q roof and a t:` p' year guarantee on N A roof is in force upon completion and payment in
full We warrant these roofs for periods indicated against faulty workmanship. Furthermore, the amount stated herein is subject to an interest charge of 18% per annum
on past due accounts. Undersigned assumes responsibility for an costs of collection, including reasonable attorney's fee. Manufacturers warranty where applicable
will be issued.
71WP 11rapD9I' hereby to fumish material and labor - complete in accordance with above specifications, for the sum of:
Payment to be made as fol s' ' / dollars ($ )
. deposit, balance on completion.
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above
specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon
strikes, accidents or delays beyond our control. Owner to carry fire, tomado, and other
necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
Authorized
Signature
Notw.. This proposal maybe
withdrawn by us if not accepted within
days.
!Tf [ ittrp of pro�rosal — The above prices, specifications Signature itions are satisfactory and are hereby accepted. You are authorized to do
the work as specfied. Payment will be made as outlined above.
Signature
Date of Acceptance t� %. �� a /
PLEASE READ BOTH SIDES CAREFULLY
_ -_..
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
CITY MANAGER TO DISBURSE THE SUM OF $18,625.00 to R.
N. PALMER ROOFING CO. FOR INSTALLATION OF A NEW
SUB -ROOF AT THE SYLVA MARTIN BUILDING —ADDED
EXPENDITURE AND CHARGING THIS DISBURSEMENT TO
ACCOUNT 001 - 0000 -219 -7300 "CAPITAL RESERVE ".
WHEREAS, the Sylva Martin office houses office personnel and a substantial array of valuable
equipment and documents. City's Purchasing Department uses the facility to house personal computers,
printers, copy machines, mail machines. The building is also used as storage for paper goods, and;
WHEREAS, the roof of this building is in a state of disrepair, thereby jeopardizing the preservation
of this historic building as well as the day to day operation and causing damage to office equipment due to
water leaks, and;
WHEREAS, the Sylva Martin building requires the installation of insulation that will help improve
energy efficiency, and;
WHEREAS, the Sylva Martin building requires the installation of a new sub -roof over the existing
wood deck in order to preserve the existing wood deck and comply with building code requirements.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to disburse the sum $18,625.00 to R. N.
Palmer Roofing Co.
Section 2. This resolution shall become effective immediately after adoption hereof.
PASSED AND ADOPTED this 4th day of June, 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
South Miami
TO: City Commission
FROM: Charles D. Scurr
City Manager
DATE: 5/29/2002
SUB3E Agenda
#
Commission Meeting
3une 40, 2002
Fourth of 3uly Fireworks
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT FOR AN OPEN PURCHASE ORDER WITH FIREPOWER DISPLAYS
UNLIMITED, INC., FOR THE ANNUAL JULY 4TH CELEBRATION, AND
AUTHORIZING THE PURCHASE OF FIREWORKS BY THE PARKS & RECREATION
DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $15,000.00 (FIFTEEN
THOUSAND DOLLARS), AND PROVIDING FOR DISBURSEMENT FROM
ACCOUNT NUMBER 2000 -4820, "FOURTH OF JULY- FIREWORKS" FOR $1,700.00,
AND RELEASING ADDITIONAL FUNDS FROM ACCOUNT NUMBER 001- 0000 -219
3500, "PARKS & RECREATION DONATION ACCOUNT "IN THE AMOUNT OF
$3,533.00, AND ACCOUNT NUMBER 001- 000 -219- 7500, "4TH OF JULY
DONATIONS" IN THE AMOUNT OF $9,767.00.
BACKGROUND & ANALYSIS
The attached resolution seeks approval for the purchase of fireworks for the 2002
Fourth of July Celebration.
The Parks & Recreation Department will "piggy back" off the Village of Key Biscayne
(Resolution number 2001 -34, contract expires July 16, 2007), utilizing Firepower
Displays Unlimited, Inc., to provide firework service for the annual Fourth
of July Celebration, and 75fl' Anniversary event. The City of South Miami takes great
pride in celebrating our Nation's freedom! We look forward to continuing to enhance
this very special event.
Firepower Displays Unlimited, Inc., a local company with strong ties to South Miami,
has a list of satisfied clientele including City of Coral Gables, Village of Key Biscayne,
Doral Country Club, and many more. This year Firepower will provide an array of
fireworks displaying our Nation's Flag, City of South Miami All- America City logo,
and an extended program to include additional shells and fire power.
Funds for this purchase will be disbursed from account number 001- 2000 -572-
4820, "Fourth of July - Fireworks ", in the amount of $1,700.00, and 001 -0000-
219 -3500, "Parks & & Recreation Donation Account ", in the amount of $3,533.00,
and account number 001 - 0000 - 219.7500, "4' of July Donations for $9,767.00;
(a total of$15,000.00, by utilizing the three accounts mentioned above).
Account balances: # 001 - 2000 - 572.4820 = $ 1,700.00
# 001- 0000 -219 -3500 = $ 3,533.00
# 001- 0000 -219 -7500 = $10,000.00
RECOMMENDATION
Approval is recommended.
Fourth of July Fireworks 2002
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Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT FOR AN OPEN PURCHASE ORDER WITH FIREPOWER DISPLAYS
UNLIMITED, INC., FOR THE ANNUAL JULY 4Tx CELEBRATION, AND AUTHORIZING
THE PURCHASE OF FIREWORKS BY THE PARKS & RECREATION DEPARTMENT FOR
A TOTAL PRICE NOT TO EMCEED $15,000.00 (FIFTEEN THOUSAND DOLLARS), AND
PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000 -4820, "FOURTH OF
JULY - FIREWORKS" FOR $1, 700.00, AND RELEASING ADDITIONAL FUNDS FROM
ACCOUNT NUMBER 001 - 0000 -219 -3500, "PARKS & RECREATION DONATION
ACCOUNT "IN THE AMOUNT OF $3,533.00, AND ACCOUNT NUMBER 001- 000 -219 -7500,
"4TH OF JULY DONATIONS" IN THE AMOUNT OF $9,767.00.
WHEREAS, Article III, Section. 5, H, of the City Charter, requires bids be obtained
for purchases of items over $5,000.00; and
WHEREAS, The City of South Miami Parks & Recreation Department will "piggy
back" off the Village of Key Biscayne; and
WHEREAS, The Village of Key Biscayne approved Firepower Displays Unlimited,
Inc., through resolution# 2001 -34; and
WHEREAS, Firepower Displays Unlimited, Inc., has been utilized by various other
cities; and
WHEREAS, This company will enhance the Fourth of July and our 75' Anniversary
Celebration for our 2002 spectacular event through additional shells and fire power, and
incorporating our Nation's Flag and City of South Miami All- America City logo.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be awarded to Firepower Displays
Unlimited, Inc., for $15,000.00 and charging the amount to three
separate accounts; 001- 2000 -572 -4820, "Fourth of July -
Fireworks ", for the amount of $1,700.00, and 001 - 0000 - 219.3500,
"Parks & Recreation Donation Account ", for $3,533.00 and 001-
000- 219.7500, "4th of July Donations for $9,767.00.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of June 2002
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
TI--" h m e 76M
MAYOR
Apr 16 02 05:24p 3Nlr C/FF 305-258-5580 P.9
U U31 UIVI 1�IREV' ®RKS DISPLAYS & SPECIAL PA
Sponsors
Contact
Cc
Cc
Date of Display
Location
Time
Duration
Show Price
Deposit
Remarks
Creatively Designed For Any Special Occasion
S TRIC.TL- YELECTRfiNICALLYFIRED DISPL.4I.S
City of South Miami
Ana Garcia, Director of Parks & Recreation
Julio Robaina, Mayor
Charles Scurr, City Manager
July 4th, 2002
Palmer Park
Approx 9`00pm
Minimum' 13 -2.0 minutes
15,000.00
$ 7,500.00
Aµ PY00A
a�C ry
r: r
N
�ssoclA •
We the undersigned, being interested in a fireworks display for gity of South Miami
agree to pay a price of $15,000,00 for the display agreed upon, which will be furnished
by Firepower Displays Unlimited, Inc.
The undersigned, intending to be legally bound, agree as follows;
1. Sponsor to make a deposit payment of 50% of the contract price upon signing of
contract, but no later than 30 days prior to display.
2. Sponsor to make balance of payment immediately after the display.
3. In the event Sponsor shall fail to pay any sum when due under the terms of this
contract, Sponsor shalt pay, in addition to such amount, interest at the rate of 1 -1/2%
per month on the unpaid amount from the original due date. Sponsor does further
agree that it shall pay Firepower Displays' reasonable attorney fees and court costs
in the event Firepower Displays shall commence suit or incur fees to compel
Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's
default of any of the terms and provisions herein contained.
P.O. BOX 4085 - Princeton, FL 33032 THE ULM AATE IN Tel: (305) 258.1110 + Fav (305) 2$8 -5580
WAREHOUSE & SHIM
NG FMMORKS ENTERTA2 , SPECIALIZING 1N:
� 42240 s.w 256 St. Princeton, FL 33032
.Caribbessnt Ccntrel
& Sauah,Arrseriea
15,000 — City of South Mani— 7/4/02
Page 2 of S
4. SPONSOR'S AGENT: Ana Garcia shall be designated as sponsor's agent to whom
all questions and inquiries shall relay all questions and inquiries. Sponsor's agent
shall be the only agent of sponsor authorized to request rescheduling of the delivery
and exhibition of the fireworks on the part of sponsor,
5. If event is on land, sponsor to furnish police and /or crowd security personnel,
provide proper parking supervision, and insure adequate patrol of the safety zone as
marked and secured by the sponsor until Firepower Displays Unlimited, Inc. advises
that it is no longer necessary.
6. If event is over water, Firepower Displays Unlimited will be responsible for marine
permit and control of safety zone.
7. Firepower Displays Unlimited, Inc. reserves the right to terminate the display in the
event persons, vehicles or animals enter the secured safety zone and security is
unable or unwilling to remove them and enforce the safety regulations,
8. Firepower Displays Unlimited, Inc, will furnish all applicable licenses, permits and
$5,000,000 liability insurance and pyrotechnicians for your electronically fired
display.
9. Hold harmless Firepower Displays Unlimited, Inc, from any claims that do not
directly relate to damages produced by its staff, equipment or pyrotechnic material.
10. CREDITS: As a material inducement to Firepower Displays agreeing to enter into
this agreement, Sponsor shall give Firepower Displays program credit as sole
fireworks supplier and producer in all press releases, advertising, and any other
program announcements, printed or otherwise.
11. If show is canceled, sponsor is responsible for any permit, fire watch or barge /tug
fees, if applicable. Additionally, sponsor will be responsible for load in / load out
expenses not to exceed 25% of budget.
12. If wind exceeds 20 miles per hour, fireworks display will be postponed to an agreed
date between sponsor and Firepower Displays Unlimited, Inc.
13. Rain date policy is a follows: Postponement time is 11:30am day of display.
14. If the delivery and /or exhibition of the fireworks is postponed by reason of inclement
weather, same shall be re- scheduled to the Inclement Weather Date set forth above.
S 15,000 - City of South Miami - 7t4IO2
Page 3 of 8
15.IMPORTANT NOTE: Items listed in this proposal assume a firing area that
conforms to NFPA Code 1123 -1995, which states that there must be at least 70 feet
per inch of shell diameter between firing site and any spectators, cars or buildings.
This program requires a safety zone that has a radius of 420 feet because of the
inclusion of 6 -inch shells. Adjustments will be made to the content of this program if
necessary to conform to NFPA 1123 -1995.
Firepower Displays Unlimited, Inc., upon acceptance of this contract in writing, agrees
to fulfill the contract in a workmanlike and professional manner.
Accepted this day of
On behalf of City of South Miami,
Charles Scurr, City Manager
On behalf of Firepower Displays Unlimited, Inc.,
Gary Avins, President
Apr iB .02 05:27p BNHCrFP 305- 258 -5580 p.12
$ 1 SAO - City of South Miami 7/4102
Page 4 of 8
OVER 600 SHOTS -Assorted Opening Barrage, Titanium Reports, Whistles, Assorted
Color: Tourbillions.
15 - THREE INCH SHELLS, TITANIUM SALUTES -- these smells explode into a burst
of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS bursts resembling a round and weeping flower pattern.
30 - THREE INCH SHELLS, TITANIUM SALUTES - these shells explode into a burst
of brilliant,white lights and booming reports, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS - bursts resembling a round and weeping flower pattern,
36 - FOUR -INCH SHELLS - ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS
- bursts resembling a round and weeping flower pattern, WHISTLES - a break of color
followed by whistles.
16 - FIVE -.INCH SHELLS - FANCY STAR SHELLS - Assorted brilliant colors in various
patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING
CHRYSANTHEMUMS & PEONIES - two, three or four distinct color changes that
resemble a round and weeping flower pattern.
6 - SIX -INCH SHELLS - FANCY STAR SHELLS - Assorted brilliant colors in various
patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING
CHRYSANTHEMUMS & PEONIES - two, three or four distinct color changes that
resemble a round and weeping flower pattern.
1 - Red, White, & Blue U S A Flaming Sign
1 - American Flag Set Piece
1 - South Miami All American City Red, White, & Blue Logo
..................................... ...............................
Apr 16 02 05:28p BNHCIFP
S 15,000 - Qtv of South Miami - 7%4102
Page 5 of 8
61
L
305 -258 -5580 p.13
240 - THREE INCH SHELLS, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS - bursts resembling a round and weeping flower pattern,
ASSORTED COLOR & CRACKLING EFFECTS - assorted color peonies and
chrysanthemums with crackling effects, FANCY STAR SHELLS - Assorted brilliant
colors in various patterns, SPIDERWEBS - long hanging fine webs of gold, silver or
assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES - a
palm tree image with different norms with trunk -like rising effect, ASSORTED TWO
COLOR CHANGING CHRYSANTHEMUMS & PEONIES - two distinct color changes
that resemble round and weeping flower pattern, ASSORTED COLOR BROCADES -
a dense golden, silver or assorted color effect ending of the tips with an umbrella -like
canopy cascading and falling low.
180 FOUR INCH SHELLS, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS - bursts resembling a round and weeping flower pattern,
WHISTLES - a break of color, followed by whistles, SCREAMING DRAGONS - a
break of bright magnesium colors followed by loud screaming whistle, GOLD FLITTER,
SILVER OR GLITTER CROSSETTES - exploding comets crackling into Criss- crossing
effects, FANCY STAR SHELLS - Assorted brilliant colors in various patterns,
SPIDERWEBS - long hanging fine webs of gold or silver, TOURBILLIONS - titanium
silver spinning effects, WILLOWS - golden, silver or assorted colors of very fine limes
with an umbrella like effect cascading slowly, RINGSHELLS -- assorted ring patterns of
different colors of one, two, three or five different colors, GOLDEN, SILVER,
GLITTERING OR CRACKLING PALM TREES - a palm tree image with trunk -like
different forms, ASSORTED TWO and THREE COLOR CHANGING
CHRYSANTHEMUMS & PEONIES - two or three distinct color changes that resemble
a round and weeping flower pattern, STROBES - a variety of bright twinkling shells,
ASSORTED COLOR BROCADES - a dense golden, silver or assorted color effect
ending at the tips with an umbrella -like canopy cascading and falling low, MULTI -
BREAK SALUTE SHELLS - a variety of salute effects that incorporate multiple
powerful reports into the display.
96 - FIVE INCH SHELLS, FANCY STAR SHELLS - Assorted brilliant colors in various
patterns, SPIDERWEBS - long hanging fine webs of gold or silver, TOURBILLIONS -
titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES
- exploding comets crackling into criss- crossing effects, WILLOWS - golden, silver or
assorted colors of very fine lines with an umbrella like effect cascading, RINGSHELLS -
assorted ring patterns of different colors of one, two, three or five different colors,
GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES a palm tree image
with different forms with trunk -like rising effect, GOLD OR SILVER RAIN - slow
cascading gold or silver effect,_ ASSORTED TWO, THREE &FOUR COLOR
CHANGING CHRYSANTHEMUMS & PEONIES - two, three or four distinct color
changes that resemble a round and weeping flower pattern, _STROBES - a variety of
Apr 16 02 05:30p
BNHC /FP 305 -258 -5580 p.14
S 15,000 - City of South Miami - 7/4/02
Page 6 of 8
bright twinkling shells, ASSORTED COLOR BROCADES — a dense golden, silver or
assorted color effect ending with an umbrella -like canopy cascading and failing low,
MULTI -BREAK SALUTE SHELLS — a variety of salute effects that incorporate multiple
powerful reports into the display, STAR FISH — group of large glittering tail comet stars,
CRISS -CROSS OR BEES, assorted color bees or Criss- crass.
90 - SiX INCH SHELLS, FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, SPIDERWEBS long hanging fine webs of gold or silver, TOURBILLIONS —
titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES
— exploding comets crackling into Criss- crossing effects, WILLOWS - golden, silver or
assorted colors of very fine lines with an umbrellalike effect cascading slowly,
RINGSHELLS assorted ring patterns of different colors of one, two, three or five
different colors, GOLDEN, SILVER, GLITTERING PT CRACKLING PALM TREES — a
palm tree image of different forms with trunk -like rising effect, GOLD OR SILVER RAIN
— slow cascading gold or silver effect, ASSORTED TWO, THREE & FOUR COLOR
CHANGING CHRYSANTHEMUMS & PEONIES — two, three or four distinct color
changes that resemble a round and weeping flower pattern, STROBES a variety of
bright twinkling shells, ASSORTED COLOR BROCADES a dense golden effect with
an umbrella -like canopy cascading and falling low, ASSORTED COLOR PARACHUTE
— assorted cascading effect from parachute, SHELL OF SHELLS OR THOUSAND
FLOWER — multi -color star shell with additional smaller shells dispersed outside
resembling blooming flowers, MULTI -BREAK SALUTE SHELLS — a variety of salute
effects that incorporate multiple powerful titanium reports into the display, ASSORTED
COLOR & CRACKLING EFFECTS - assorted color peonies and chrysanthemums with
crackling effects, WILLOWS very fine lines with an umbrella like effect cascading
slowly, FANCY PATTERNS five pointed star shapes, hearts, smiling face, etc...,
STAR FISH - group of large glittering tail comet stars.
Apr 16 02 05:31p BNHC/FP 305- 258 -5580 P.15
w
$ 15,000 — City of South Miami — %4/0?
Pale 7 of 8
72 — TWO AND HALF INCH SHELLS
480 - THREE INCH SHELLS, TITANIUM SALUTES — these shells explode into a burst
of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern,
WHISTLES — a break of color, followed by whistles, FANCY STAR SHELLS — Assorted
brilliant colors in various patterns, SPIDERWEBS long hanging fine webs of gold or
silver, ASSORTED COLOR & CRACKLING EFFECTS -- assorted color peonies and
chrysanthemums with crackling effects, WiLLOWS - very fine lines with an umbrella like
effect cascading slowly, ASSORTED COLOR BROCADES — a dense golden, silver or
assorted color effect ending at the tips with an umbrella -like canopy cascading and
falling low, WILLOWS - very fine lines with an umbrella like effect cascading slowly.
108 - FOUR INCH SHELLS, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS
— bursts resembling a round and weeping flower pattern,
followed by whistles, FANCY STAR SHELLS - Assorted brilliant t co ors n�va various
of color,
patterns, SPIDERWEBS — long hanging fine webs of gold or silver, ASSORTED
s
COLOR & CRACKLING EFFECTS - assorted color peonies and chrysanthemums with
crackling effects, WILLOWS - very fine lines with an umbrella like effect cascading
Slowly, ASSORTED COLOR BROCADES — a dense golden, silver or asscrted color
effect ending at the tips with an umbrella -like canopy cascading and falling low.
24 - FIVE INCH SHELLS - FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &
PEONIES — two or three distinct color changes that resemble a round and weeping
flower pattern.
18 - SIX INCH SHELLS - FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &
PEONIES - two or three distinct color changes that resemble a round and weeping
flower pattern.
OVER 2000 SHOTS — Assorted Finale Barrage, Titanium Reports, Whistles, Assorted
Color, Tourbillions.
Apr 16 02 05:32p BNHCIFP 305- 258 -5580 p.16
e
$ 15,000 - City of South Miami - 7;4/02
Page S of 8
F
OPENING BARRAGE
FINALE BARRAGE
Over 600 shots
Over 2000 shots
'i
3" SHELLS
OPENING BODY TOTAL
I FINALE SHELLS
30 240 480 750
w i
{
4" SHELLS
36 180 108 324
6„ SHELLS
6" SHELLS
16 96 24 136
6 90 18 114
OPENING BARRAGE
FINALE BARRAGE
Over 600 shots
Over 2000 shots
May 29 02 01 :34p BNHC /FP 305 -258 -5580 p.2
-CORDS CERTIFICATE OF LIABILITY INSURANCE p1D DATE(MMIDD/YY)
o5Io1
Combined Underwriters, Inc.
'7950 N. W. 53rd Street, #201
P. O. Box 528020
Miami FL 33152 -8020
Phone :305 - 477 -0444
FIREPOWER DISPLAYS UNLIMITED
INC.
P. 0, Box 4085
Princeton FL 33032
COVERAGES
/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE' DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
,NSURERA: FLORIDA WORKERS COMPENSATION
INSURER B: EVANSTON INSURANCE CO.
INSURERC: GENERAL STAR INDEMNITY CO.
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
WK y `
TYPE OF INSURANCE POLICY NUMBER POLICY—EFFECTIVE aOGI:Y EXP"DMO
DATE MMIDDIYY DATE MMtODMf LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1, 0
E1 X COMMERCIAL GENERAL LIABILITY A98AGO50 67 —� ---
n 07j01 %O1 07/01/02 FIRE DAMAGE (Any onetve) $ 5Q Qpp
X] CLAIMS MADE ! __J OCCUR ---- -_. - -t — . - - -- --
+ MED EXP (Any one person) $ EXCLUDED
PERSONALSADVINJURY $ 1,000,000
I GENERAL AGGREGATE I $ i r 000, 000 -
GEN'L AGGREG P OT APPLIES PER: j PRODUCTS - COMPJOP AGG I$ 1 Q Q Q Q Q 0
POLICY JECT �� LOC - ---- —1 $ 1 r 0 r _—
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES !EXCLUSIONS ADOEO BY ENDORSEMENTISPECIAL PROVISIONS
DISPLAY DATE: 7/4/02 RAIN DATE: NEXT AVAILABLE
DISPLAY SITE: PALMER PARK ADDITIONAL INSURED: CITY OF S. MIAMI,
PAT-MR PARK, S. MIAMI ELEMENTARY SCHOOL, S. MIAMI MIDDLE SCHOOL, MIAMI DADE
COUNTY PUBLIC SCHOOLS
CERTIFICATE
ADDITIONAL INSURED; INSURER LETTER:
CITYSMI
CITY OF SOUTH MIAMI.
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143
26 -S
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .3Q.,_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTOMOBILE LIABILITY
J
-
B
ANY AUTO JFC00075341366
'
07/01/01
� 07/01/02
COMBINED SING_LE UMIT
EaaccI0ent) � o 5 , OOO r 000
ALL OWNED AUTOS
- - -- - -_ - - -- - -,
SCHEDULED AUTOS I
I
BODILY INJURY
iPer Person}
HIRED AU i OS
I
+
— --- -- —1 — -- -- -
X NON•OWNED AUTOS
BODILY INJURY
(Per accident) S
�—
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCtDENT I $
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY A— GG $
EXCESS LIABILITY
EACH OCCURRENCE Q O ._
--` —_ Q- Q --
AGGREGAT — . . _ 0 _
D
OCCUR
07/01/01
07/01j02
DEDUCTIBLE
.
-- L.$
�
RETENTION $
WORKERS COMPENSATION AND
$
A
EMPLOYERS' LIABILITY I
6FRI3UP- 778K150600
06 /30 /01
06/30/02
TORY LIMITS ER
E.L.EACHACCIDENT x'$100,000
c.L. DISEASE • EA EMPLOYEE
— -- —
$ 100 , 000
E.L. DISEASE : POLICY LIMIT
$ 500 , OQQ
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES !EXCLUSIONS ADOEO BY ENDORSEMENTISPECIAL PROVISIONS
DISPLAY DATE: 7/4/02 RAIN DATE: NEXT AVAILABLE
DISPLAY SITE: PALMER PARK ADDITIONAL INSURED: CITY OF S. MIAMI,
PAT-MR PARK, S. MIAMI ELEMENTARY SCHOOL, S. MIAMI MIDDLE SCHOOL, MIAMI DADE
COUNTY PUBLIC SCHOOLS
CERTIFICATE
ADDITIONAL INSURED; INSURER LETTER:
CITYSMI
CITY OF SOUTH MIAMI.
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143
26 -S
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .3Q.,_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
MAY 29 2002 3:35PM VILLAGE OF KEY BISCAYNE 305- 365 -8936 p.3
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
FIREWORKS DISPLAY
THIS AGREEMENT, made and entered into this A day of May, 2401, by and between
the Village of Key Biscayne (the "VII LAGF') and Firepower Disnlays Unlimited, Inc., (the
"CONTRACTOR ")
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain services as
described in accordance with paragraph 1, Scope of Services to this Agreement ( "Specified
Services "). The CONTRACTOR wants to provide such Specified Services in connection with the
Village's 4th of July fireworks display.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees, as directed by the Village Manager, to perform the fallowing
services as described in Exhibit "A ".. This Agreement includes the provisions stated in
Exhibit "A ". In the event of any conflicts, this Agreement: controls over Exhibit
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the YTL.LAGE for Specified Services provided in
accordance with Exhibit "A" in an amount not to exceed $54,000 for the July 4, 2002
fireworks display, and at the rates set forth in Exhibit "A" for each subsequent annual July
4 fireworks display conducted.
3. TERM
The term of this Agreement commences on April I, 2002, and ends on July 16,-2007, unless
sooner terminated pursuant to paragraph 10.
4, ASSIGNMENT
This Agreement shall not be assignable by the CONTRACTOR
5. Pl
Tl
of
tl
IN AGANST COPITENGENT FEES
ACTOR warrants that it has not employed or retained any company or person,
ona fide employee' Working solely for the CONTRACTOR, to solicit or secure
,nt, and that it has not paid or agreed to pay any person (s) company,
individual or firm, other than a` bona fide employee working solely for the
CONTRACTOR any fee, cornmission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
6. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties.
7. WARRANTIES OF CONTRACTOR
The CONTRACTOR hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and Iocal laws necessary to perform the Specified Services.
The CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as
required by Chapter 444, Florida Statutes and, where applicable, coverage for the U.S.
Longshoremen's and Harbor Worker's Act and the Jones Act.
The CONTRACTOR shall also furnish proof that it has Contractual Liability Insurance and
Comprehensive General Liability Insurance, Automobile Liability Insurance covering all
owned, non -owned and hired vehicles used in connection with the Specified Services, each
in an amount no less than $2,000,000 single limit per occurrence for Bodily Injury and
Property Damage combined. Village shall be named as additional insured.
8. NOTICES
All notices and communications to the VII.LAGE or CONTRACTOR shall be in writing and
shall be deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices shall
be addressed as follows:
Village: C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
9. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in Miami -Dade County, Florida.
10. TERMINATION
Although this Agreement provides for six (6) successive annual July 4th fireworks displays,
the Village may elect, at its sole discretion, to cancel any display or displays subsequent to
the July 4, 2002 display by providing 90 days advance written notice to CONTRACTOR.
In such event, na fee or cost shall be charged to Village. This provision is supported by
other covenants of this Agreement, and accordingly is not mutual.
11. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, upon prevailing, the
VILLAGE shall be entitled to recover reasonable attorneys fees and costs.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
CONTRACTOR:
Firepower Displays Unlimited, Inc.
14240 S.W. 256 5t
Princeton, FL_3,3032
M.
Attest: J6,
Sec tary
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
, Village Manager
RESOLUTION NO. 001.34
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE AN AGREEMENT ON
BEHALF OF THE VILLAGE WITH FIREPOWER
DISPLAYS UNLIMITED, INCORPORATED,
PRINCETON, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council supports a Fourth of July fireworks display for residents
and visitors on Key Biscayne;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS;
Section I The Village Manager is hereby authorized to enter into a five (5) year
agreement on behalf of the Village with Firepower Displays Unlimited, Incorporated, Princeton,
Florida, in an amount not to exceed $54,000 for the July 4, 2002 fireworks display, and at the rates
set forth in the attached agreement for each subsequent annual Fourth of July fireworks display
conducted.
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this-U2_ day of - ..X� -, 2001.
MAYOR JOE I
CONCHITA H .ALVAREZ, CMC, VMLAGE
q0
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE 'CITY OF SOUTH MIAMI, FLORIDA, RELATING TO. PUBLIC
5 SAFETY; REPEALING .SEC. 15 -7, OF THE CODE OF ORDINANCES
6 ENTITLED "LOCKING DEVICES REQUIRED FOR FIREARMS ";
7 WHICH REQUIRES LOCKING DEVICES ON FIREARMS STORED IN
8 THE CITY OF SOUTH MIAMI; CREATES A PUBLIC DUTY; AND
9 PROVIDES CIVIL PENALTIES; PROVIDING FOR SEVERABILITY,
10 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami enacted
13 ordinance no. 14 -00 -1716, which amended section 15 -7 of the city's code of ordinances
14 to require locking devices on firearms stored in the City of South Miami, creates a public
15 duty of care, and provides civil penalties; and,
16
17 WHEREAS in the case styled National Rifle Association, et. al. v. The City of
18 South Miami, case no. 3D01 -1027 (Fla. P DCA 2002), the Florida Third District Court
19 of Appeal held that the City's ordinance was preempted by section 790.33, Florida
20 Statutes and is void; and,
21
22 WHEREAS, the Mayor and City Commission desire to repeal sec. 15 -7, of the
23 node of ordinances, entitled "Locking devices required for firearms."
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. Section 15 -7, entitled "Locking devices required for firearms," of the
29 City of South Miami Code of Ordinances is repealed. A copy of section 15 -7 is annexed
30 and made a part of this ordinance.
31
32 Section 2. All ordinances or parts of ordinances in conflict with the provisions
33 of this ordinance are repealed.
34
35 Section 4. Section 15 -7 shall be removed from the City of South Miami Code
36 of Ordinances.
37
38 Section 5, This ordinance shall take effect immediately upon approved.
39
40
41
42
43
Additions shown by underlining and deletions shown by e °� g,
1
2
PASSED AND ADOPTED this
day of , 2002.
3
4
ATTEST:
APPROVED:
5
6
7
CITY CLERK
MAYOR
8
9
1" Reading —
10
2 °d Reading —
11
12
COMMISSION VOTE:
13
READ AND APPROVED AS TO FORM
Mayor Robaina:
14
Vice Mayor Russell:
15,
Commissioner Wiscombe:
16
CITY ATTORNEY
Commissioner Bethel:
17
Commissioner Feliu:
18
19
20
21
22
23
24
25 \\Dell_6100\Documents \City of South Miami \0022 - 001 \13927.doc
Additions shown by underlining and deletions shown by ever-4}ik4ig
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 6/4/2002
in the XXXX Court,
was published in said newspaper in the issues of
05/24/2002
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
atta copy of advertisement; and affiant further says that she
ha neith paid nor promised any person, firm or corporation
an disco nt, rebate, commission or refund for the purpose
of 'cur[ g this advertisement for publication in the said
rev a er. A
// ' I / A 'A
Sw to and subscribed before m
of MA D. 2002
(SEAL) m I MARISA
SOOKIE WILLIAMS p �; o#9ft 1�SSCC 885640 EXPIRES: h 4, 2004
gerrdedtTruNotnli .Und�rwrters
CITY OF SOUT�1 MIAMI
NOTICE OFPUBLIC.HEARING =.
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular City
Commission meeting Tuesday, June 4, 2002 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the foL .
[owing described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, - RELATING TO
PUBLIC SAFETY; REPEALING SEC. 15 -7, OF THE CODE OF
ORDINANCES ENTITLED _ "LOCKING DEVICES REQUIRED
FOR FIREARMS "; WHICH REQUIRES LOCKING DEVICES ON
FIREARMS 'STORED IN THE CITY OF SOUTH MIAMI;
CREATES A' PUBLIC DUTY; AND PROVIDES CIVIL PENAL-
TIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
Said ordinances can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the City Manag-
er's office at: 663 -6338.
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 pub -
lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet-
ing 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 evi-
dence upon which the appeal is to be based.
5124 02- 3- 78/267399M
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS; APPROVING A SETTLEMENT AGREEMENT
WITH LISEA MERRICK; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
are empowered to settle claims and to approve settlement agreements; and,
WHEREAS, Lisea Merrick has filed EEOC claims and a federal
discrimination lawsuit, styled Merrick v. City of South Miami, Case No. 02 -2564
(S.D. Fla. 2002), against the city; and,
WHEREAS, Merrick has agreed to a settlement agreement and the Mayor
and City Commission desire to approve the agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The settlement agreement between Lisea Merrick and the
City of 'South Miami, a copy of which is attached to this resolution, is approved.
The City Manager, or his designee, is directed to take the administrative actions
required by the City to satisfy the terms of the agreement.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 4th day of June, 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Feliu:
Additions shown by underlining and deletions shown by ovefstrildng.
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor & Date: June 4, 2002
City Commission T
From: Charles Scurr i RE: Waiver of Plat request for
City Manager 6holl 5837 SW 82 "d Street
REOUEST:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND
DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE,
REGARDING THE PROPERTY LOCATED IN THE RS -3, "LOW DENSITY
RESIDENTIAL," LOCATED AT 5837 SW 82ND STREET, SOUTH MIAMI,
FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION
17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL
DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
On May 2, 2002, an Application for Waiver of Plat was applied for by Rick D. Ruiz on behalf of
Mary I. Ferre Succar, in order to divide a tract of land described as property folio 09- 4036 -039-
0600, located at 5837 SW 82nd Street.
LEGAL DESCRIPTION:
See Attachment "A".
ANALYSIS:
The proposed waiver of plat would create two residential single family properties, zoned RS-
3, "Low Density Residential, located at 5837 SW 82nd Street.` The two parcels at this
location are consistent with the RS -3 zoning on the north, south, east and west of the subject
property. The proposed wavier of plat is creating tracts that are larger than required by the
land development regulations for RS -3.
Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single -
Family District are as follows:
ZONING SUMMARY for Lot "A ":
(a) Zoning Designation: RS -3 "Low Density Residential'
(b) Use: Single - Family
(c) Minimum Lot Size: 12,054 s.f. proposed, Minimum lot size 10,000 s.f. required.
(d) Building frontage: 75 feet proposed, Minimum frontage 75 feet required.
(e) Proposed Yard Setbacks: Minimum Setbacks:
Front 35.83' 25' -0"
Side (Interior) 7' -6" 7' -6 (Cumulative width of both side yards
shall not be less than 20% of the total lot width)
Side (Interior) ... 16.59' 7' -6"
Rear..... 65.89' 25' -0"
Currently lot "A" has an existing one -story structure on the subject property. The existing
residence is protruding on the east property line and the applicant will demolish that area, in
order to comply with the minimum side setback. The conceptual plan indicates with a hatch
pattern the proposed minimum setback of 7.5 feet (east- side). The west has an existing side
setback of 16.54 feet, minimum cumulative setback required is 15 feet.
ZONING SUMMARY for Lot "B ":
(a) Zoning Designation: RS -3 "Low Density Residential"
(b) Use: Single - Family
(c) Minimum lot size: 11,309 s.f: proposed, Minimum lot size 10,000 s.f. required.
(d) Building frontage: 75 feet proposed, Minimum frontage 75 feet required.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -3.5 Dimensional Requirements
• Section 20- 4.2(b) Land Subdivision Regulations
• Section 20 -4.1 Adequate public facilities
Waiver of Plat — 5837 SW 82 "a Street
June 41 2002
Page 3 of 3
Comprehensive Plan
• Goals, Objectives, and Policies of the Future Land Use Element
Dade County Code
Chapter 28 -4 Subdivision Regulations
RECOMMENDATION
Staff recommends approval of the request, subject to the demolition of the encroachment, and
believes that the proposed project will not adversely affect the health or safety of persons
residing in the vicinity of the waiver of plat and will not be detrimental to the public welfare or
property or improvements in the neighborhood.
Any approval of this request is subject to County review and approval, and compliance with the
City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1
adequate public facilities of the Land Development Regulations.
Attachments:
Attachment "A " — Legal Descriptions
Property Survey
CS /R&/LCH
K: \Waiver of Plat \WAIVEROF PLAT 5837 SW 82 STREET.doc
ATTACHMENT "A"
LEGAL DESCRIPTIONS PARENT TRACT:
ALL OF LOT 12, IN BLOCK 16, OF AMENDED PLAT OF PALM MIAMI HEIGHTS,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 37,
OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA, AND PARCEL II,
BEGINNING AT A POINT ON THE NORTH LINE OF TRACT 16, AND 203.47 FEET WEST
OF THE NORTHEAST CORNER THEREOF, ACCORDING TO THE REVISED PLAT OF A
PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN
PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
FLORIDA; THENCE RUN WEST ALONG THE NORTH LINE OF ,SAID TRACT 16, TO THE
SOUTH LINE OF SAID TRACK 16 FOR 100 FEET; THENCE SOUTH PARALLEL WITH
THE EAST LINE OF SAID TRACT 16 TO THE SOUTH LINE OF SAID TRACT 16;
THENCE ALONG THE SOUTH LINE OF SAID TRACT 16 TO A POINT WHICH IS 203.47
FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT 16; THENCE NORTH AND
PARALLEL WITH THE EAST LINE OF SAID TRACT 16 TO A POINT ON THE
SOUTHWESTERLY LINE OF LOT 12, BLOCK 16, ACCORDING TO THE PLAT OF
AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN PLAT BOOK 25, AT
PAGE 37, 'THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID
LOT 12, TO THE NORTHWEST CORNER THEREOF THENCE EAST ALONG THE
NORTH LINE OF SAID LOT 12, TO A POINT OF 203.47 FEET WEST OF THE EAST LINE
OF THE ABOVE DESCRIBED TRACT 16; THENCE NORTH TO THE POINT OF
BEGINNING LESS THE NORTH 125 FEET OF THE PARCEL OF LAND DESCRIBED
HEREIN; AND
THAT PORTION OF TRACT 16, OF REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIAMI HEIGHTS, ACCORDING ' TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI
DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE INTERSECTION OF THE EASTERLY AND SOUTHERLY LINES EXTENDED
AT THE SOUTHEAST CORNER OF SAID TRACT 16, PROCEED WEST ALONG THE
SOUTH BOUNDARY OF TRACT 16 FOR A DISTANCE OF 203.47 FEET FOR POINT OF
BEGINNING; THENCE RUN NORTH ALONG A LINE PARALLEL TO AND 203.47 FEET
WEST OF EAST BOUNDARY OF TRACT 16 TO A POINT ON SOUTHWESTERLY
BOUNDARY AT LOT 12, IN BLOCK 16, OF AMENDED PLAT OF PALM MIAMI
HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25,
AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA;
THENCE RUN IN A SOUTHEASTERLY DIRECTION ALONG SOUTHWESTERLY
BOUNDARY OF SAID LOT 12' TO A POINT IN SOUTHERLY BOUNDARY OF TRACT 16;
THENCE WEST ALONG SOUTHERLY BOUNDARY OF TRACT 16 FORA DISTANCE OF
14.09 FEET TO THE POINT OF BEGINNING.
SAID PORTION OF TRACK 16 WAS FORMERLY A PORTION OF LOT 13, BLOCK 16, OF
AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 25, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI
DADE COUNTY, FLORIDA. HAVING AN AREA OF 23,362.12 SQUARE FEET, MORE OR
LESS, NET.
RESULTING PARCEL TRACT "A ":
COMMENCING AT THE INTERSECTION OF THE EAST AND THE SOUTH LINES
EXTENDED OF TRACT 16 OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT
OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
FLORIDA; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID TRACT 16 FOR 230
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG SAID
SOUTH LINE OF SAID TRACT 16 FOR 75 FEET; THENCE NORTH ALONG A LINE
PARALLEL TO AND 305 FEET WEST OF THE EAST LINE OF SAID TRACT 16 FOR
160.72 FEET TO A POINT; THENCE RUN EAST ALONG A LINE PARALLEL TO AND 125
FEET SOUTH OF THE NORTH LINE OF SAID TRACT 16; THENCE SOUTH ALONG A
LINE PARALLEL, TO AND 230 FEET WEST OF THE EAST LINE OF SAID TRACT 16;
THENCE SOUTH ALONG A LINE PARALLEL TO AND 230 FEET WEST OF THE EAST
LINE OF SAID TRACT 16 OVER AND ACROSS SAID TRACT 16 AND ACROSS LOT 12,
IN BLOCK 16 OF AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING` TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 37, OF THE PUBLIC
RECORDS OF MIAMI DADE COUNTY, FLORIDA; AND SAID TRACT 16 FOR A
DISTANCE OF 160.74 FEET TO THE POINT OF BEGINNING.
HAVING AN AREA OF 12, 054.75 SQUARE FEET, MORE OR LESS, NET.
RESULTING PARCEL TRACT `B ":
COMMENCING AT THE INTERSECTION OF THE EAST AND SOUTH LINES
EXTENDED OF TRACT 16 OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT
OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
FLORIDA; THENCE WEST ALONG SAID SOUTH LINE OF TRACT 16 FOR 155 FEET TO
THE POINT OF BEGINNING; SAID POINT OF BEGINNING ALSO BEING THE
SOUTHEAST CORNER OF LOT 12, IN BLOCK 16, OF AMENDED PLAT OF PALM
MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 25, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
FLORIDA; THENCE NORTH 145.79 FEET TO THE NORTHEAST CORNER OF SAID LOT
12; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 12 FOR 50 FEET; THENCE
NORTH ALONG A LINE PARALLEL TO AND 205 FEET WEST OF THE EAST LINE OF
SAID TRACT 16 FOR 15 FEET; THENCE WEST ALONG A LINE PARALLEL TO AND 125
FEET SOUTH OF THE NORTH LINE OF SAID TRACT 16 FOR 25 FEET; THENCE SOUTH
ALONG A LINE PARALLEL TO AND 230 FEET WEST OF THE EAST LINE OF TRACT 16
OVER AND ACROSS SAID TRACT 16, SAID LOT 12 AND SAID TRACT 16 FOR 160.74
FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID TRACT 16;
THENCE WEST ALONG SOUTH LINE OF SAID TRACT 16 FOR 75 FEET TO THE POINT
OF BEGINNING.
HAVING AN AREA OF 11,307.37 SQUARE FEET, MORE OR LESS, NET.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
5 FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF
6 THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE
7 COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE
8 RS -3, "LOW DENSITY RESIDENTIAL," LOCATED AT 5837 SW 82ND
9 STREET, SOUTH MIAMI, FLORIDA 33143 PROVIDING FOR
10 BONDING PURSUANT TO SECTION I7 -9 OF THE CODE OF
11 ORDINANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND,
12 PROVIDING FOR AN EFFECTIVE DATE:
13
14 WHEREAS, Rick D. Ruiz, on behalf of Mary I. Ferre
15 Succar owner of property at 5837 SW 82 Street, has
16 submitted an application requesting. a waiver of plat,
17 pursuant to Section 20- 4.2(b) of the Land Subdivision
18 Regulations and,
19
20 WHEREAS, Planning staff has recommended approval of
21 the application for said waiver, which is based upon (a)
22 the merits of the application as it relates to requirements
23 in the Land Development Code and (b) the application's
24 consistency with the City's adopted Compressive Plan; and,
25
26 WHEREAS, the Mayor and City Commission of the City of
27 South Miami- desire waive the requirements of the platting
28 procedure pursuant Section 20- 4.2(b) of the Land
29 Subdivision Regulations and.
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. The application submitted by Rick D. Ruiz,
35 on behalf of Mary I. -Ferre Succar,,requesting a waiver of
36 plat, for the property legally described in Section 2,
37 pursuant to Section 20- 4.2(b) of the Land Subdivision
38 Regulations and, is granted.
39
40 Section 2. LEGAL DESCRIPTIONS PARENT TRACT:
41
42 ALL OF LOT 12, IN BLOCK 16, OF AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE
43 PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI
44 DADE COUNTY, FLORIDA, AND PARCEL II, BEGINNING AT A POINT ON THE NORTH LINE OF TRACT
45 16, AND 203.47 FEET WEST OF THE NORTHEAST CORNER THEREOF, ACCORDING TO THE REVISED
46 PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN PLAT
47 BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; THENCE RUN
48 WEST ALONG THE NORTH LINE OF SAID TRACT 16, TO THE SOUTH LINE OF SAID TRACK 16 FOR 100
49 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID TRACT 16 TO THE SOUTH LINE OF
I SAID TRACT 16; THENCE ALONG THE SOUTH LINE OF SAID TRACT 16 TO A POINT WHICH IS 203.47
2 FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT 16; THENCE NORTH AND PARALLEL WITH
3 THE EAST LINE OF SAID TRACT 16 TO A POINT ON THE SOUTHWESTERLY LINE OF LOT 12, BLOCK 16,
4 ACCORDING TO THE PLAT OF AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN PLAT
5 BOOK 25, AT PAGE 37, THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT
6 12, TO THE NORTHWEST CORNER THEREOF THENCE EAST ALONG THE NORTH LINE OF SAID LOT 12,
7 TO A POINT OF 203.47 FEET WEST OF THE EAST LINE OF THE ABOVE DESCRIBED TRACT 16; THENCE
8 NORTH TO THE POINT OF BEGINNING LESS THE NORTH 125 FEET OF THE PARCEL OF LAND
9 DESCRIBED HEREIN; AND
10
11 THAT PORTION OF TRACT 16, OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM
12 MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, AT PAGE 37,
13 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
14 FOLLOWS:
15
16 FROM THE INTERSECTION OF THE EASTERLY AND SOUTHERLY LINES EXTENDED AT THE
17 SOUTHEAST CORNER OF SAID TRACT 16, PROCEED WEST ALONG THE SOUTH BOUNDARY OF TRACT
18 16 FOR A DISTANCE OF 203.47 FEET FOR A POINT OF BEGINNING; THENCE RUN NORTH ALONG A LINE
19 PARALLEL TO AND 203.47 FEET WEST OF EAST BOUNDARY OF TRACT 16 TO A POINT ON
20 SOUTHWESTERLY BOUNDARY AT LOT 12, IN BLOCK 16, OF AMENDED PLAT OF PALM MIAMI
21 HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 37, OF THE
22 PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; THENCE RUN IN A SOUTHEASTERLY
23 DIRECTION ALONG SOUTHWESTERLY BOUNDARY OF SAID LOT 12 TO A POINT IN SOUTHERLY
24 BOUNDARY OF TRACT 16; THENCE WEST ALONG SOUTHERLY BOUNDARY OF TRACT 16 FOR A
25 DISTANCE OF 14.09 FEET TO THE POINT OF BEGINNING.
26
27 SAID PORTION OF TRACK 16 WAS FORMERLY A PORTION OF LOT 13, BLOCK 16, OF AMENDED PLAT
28 OF PALM MIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT
29 PAGE 37, OF THE PUBLIC RECORDS OF MIAMI .DADE COUNTY, FLORIDA. HAVING AN AREA OF
30 23,362.12 SQUARE FEET, MORE OR LESS, NET.
31
32 RESULTING PARCEL TRACT "A":
33
34 COMMENCING AT THE INTERSECTION OF THE EAST AND THE SOUTH LINES EXTENDED OF TRACT 16
35 OF REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO
36 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF
37 MIAMI DADE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID TRACT 16
38 FOR 230 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG SAID SOUTH LINE OF
39 SAID TRACT 16 FOR 75 FEET; THENCE NORTH ALONG A LINE PARALLEL TO AND 305 FEET WEST OF
40 THE EAST LINE OF SAID TRACT 16 FOR 160.72 FEET TO A POINT; THENCE RUN EAST ALONG A LINE
41 PARALLEL TO AND 125 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 16; THENCE SOUTH ALONG
42 A LINE PARALLEL TO AND 230 FEET WEST OF THE EAST LINE OF SAID TRACT 16; THENCE SOUTH
43 ALONG A LINE PARALLEL TO AND 230 FEET WEST OF THE EAST LINE OF SAID TRACT 16 OVER AND
44 ACROSS SAID TRACT 16 AND ACROSS LOT 12, IN BLOCK 16 OF AMENDED PLAT OF PALM MIAMI
45 HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 37, OF THE
46 PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; AND SAID TRACT 16 FOR A DISTANCE OF
47 160.74 FEET TO T14E'.POINT OF BEGINNING.
48
49 HAVING AN AREA OF 12, 054.75 SQUARE FEET, MORE OR LESS, NET.
50
51
52 RESULTING PARCEL TRACT "B ":
53
54 COMMENCING AT THE INTERSECTION OF THE EAST AND SOUTH LINES EXTENDED OF TRACT 16 OF
55 REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO
56 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, AT PAGE 37, OF THE PUBLIC RECORDS OF
57 MIAMI DADE COUNTY, FLORIDA; THENCE WEST ALONG SAID SOUTH LINE OF TRACT 16 FOR 155
58 FEET TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST
59 CORNER OF LOT 12, IN BLOCK 16, OF AMENDED PLAT OF PALM MIAMI HEIGHTS, ACCORDING TO THE
60 PLAT THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI
61 DADE COUNTY, FLORIDA; THENCE NORTH 145.79 FEET TO THE NORTHEAST CORNER OF SAID LOT 12;
62 THENCE WEST ALONG THE NORTH LINE OF SAID LOT 12 FOR 50 FEET; THENCE NORTH ALONG A
I LINE PARALLEL TO AND 205 FEET WEST OF THE EAST LINE OF SAID TRACT 16 FOR 15 FEET; THENCE
2 WEST ALONG A LINE PARALLEL TO AND 125 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 16
3 FOR 25 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO AND 230 FEET WEST OF THE EAST LINE
4 OF TRACT 16 OVER AND ACROSS SAID TRACT 16, SAID LOT 12 AND SAID TRACT 16 FOR 160.74 FEET
5 TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID TRACT 16; THENCE WEST ALONG
6 SOUTH LINE OF SAID TRACT 16 FOR 75 FEET TO THE POINT OF BEGINNING.
7
8 HAVING AN AREA OF 11,307.37 SQUARE FEET, MORE OR LESS, NET.
9
10
11 Section 3. Drawings submitted by the applicant, as
12 part of the record for this City Commission meeting
13 prepared by Narciso Jose Ramirez, Registered Land Surveyor,
14 dated March 1, 2002 and Professional Code Consultant,
15 prepared a Conceptual Site Plan, shall be the guiding plan
16 for development.
17
18 Section 3. This resolution shall take effect
19 immediately upon approval.
20
21 PASSED AND ADOPTED this day of June 4, 2002.
22
23
24 ATTEST APPROVED:
25
26
27 CITY CLERK MAYOR
28
29 Commission Vote:
30 Mayor Robaina•
31 READ AND APPROVED AS TO FORM: Vice Mayor Russell:
32 Commissioner Feliu:
33 Commissioner Bethel:
34 Commissioner Wiscombe:
35 CITY ATTORNEY
36
37
38
39
40
41
42
43
44
45
46
47
48
49
City of South Miami
Planning & Zoning Department
Q6130 Sunset Drive. South Miami, Florida 33143
Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591
Application For Waiver of Plat
Address of Subject Property:
,�Lot(s) III Block Subdivision IA .
583'u1_�'Z�21g(3� ---- - - - - -- - -
-- ' PB'-_??-------------------------
Meets & Bounds:
Lot Frontage(s):
A�pplicant:
1" iaa 1. g yubGoQ
,Phone:
30�
Representative:
U i2
t IG fiJ -------------------------
, Organization:
'"
-- - - -- --- -n- s��. ----- - - - --
F.A.R. (For Commercial Only):
,--
Phone:
Property Owner:
– � -- -
- -- -------- - - - - -- – –
, Signature:
– – - –
Mailing Address:
Ph--
one
Surveyor:
;Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT
Owner Owner's Representative Contract to purchase' _Option to purchase —Tenant/Lessee
Please answer the following:
SUBMITTED MATERIALS
PL�E E CHECK ALL THAT APPLY
Y Application Form
!_ Warranty Deed(s)
Letter from Owner(s)
✓ Power of attorney
_ ontract to purchase
J_/Waiver of Plat (22 copies)
Signed & Sealed by a Registered Surveyor
_ Required Fee(s)
Zoning District:
Septic Tank or Sewer:
Public or Well Water Supply
Lot Frontage(s):
Net Lot Area(s):
Setbacks for Existing Building(s):
Existing' Building Coverage(s):
Existing Impervious Coverage(s):
F.A.R. (For Commercial Only):
Abutting Streets /'Right -of- way's:
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to the best of the appliant's knowledge and belief. '/
Applica is Signature and title D e
ilpon receipt. applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable' regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE (ONLY:
Date Filed City Approval County Approval
Concurrency
Method of Payment
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor & Date: June 4, 2002
City Commission 9
From: Charles Scurr RE: Waiver of Plat request for
City Manager aooq 8202 SW 61" Avenue
REQUEST:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT
TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF
THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW
DENSITY RESIDENTIAL, LOCATED AT 8202 SW 61ST AVENUE, SOUTH MIAMI
FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE
CODE ORDINANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING
FOR AN EFFECTIVE DATE
BACKGROUND:
On May 3, 2002, an Application for Waiver of Plat was applied by the Hammocks Oaks
Properties, Inc., on behalf of Mr. & Mrs. Henry Plinske, in order to divide a tract of land
described as property folio 09 4036 000 0830, located at 8202 SW 61" Avenue.
LEGAL DESCRIPTION: SEE ATTACHMENT "A".
ANAI vcTC.
The proposed waiver of plat would create two single residential properties, zoned RS -3 "Low
Density Residential," located at 8202 SW 61" Avenue. The two parcels at this location are
consistent with the RS -3 zoning on the north, the south and the east, property are zoned RS -3
"Low Density Residential." The properties to the west, although not within the city's boundaries,
are residential single family sites. The proposed wavier of plat is creating tracts that are larger
than required by the land development regulations for RS -3 and surrounding properties as well.
Waiver of Plat — 8202 SW 61't Avenue
June 4, 2002
Page 2 of 3
Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single -
Family District are as follows:
ZONING SUMMARY for Lot "A ":
(a) Zoning Designation: RS -3 "Low Density Residential"
(b) Use: Single- Family
(c) Minimum Lot Size: 16,011.5 s.f. proposed, Minimum lot size 10,000 s.£ required.
(d) Building frontage: 155 feet proposed, Minimum frontage 75 feet required.
Currently lot "A" has an existing two -story structure and swimming pool to be demolished, on
the subject property. The current survey indicates both existing structures to be removed. The
property shall front and be accessible through SW 82"d Street.
ZONING SUMMARY for Lot "B ":
(a) Zoning Designation: RS -3 "Low Density Residential" M
(b) Use: Single - Family
(c) Minimum lot size: 16,011.5 s.f. proposed, Minimum lot size 10,000 s.f, required.
(d) Building frontage: 155 feet proposed, Minimum frontage 75 feet required.
Currently lot "B" has the screened portion, of the existing two -story structure, to be removed.
The current survey indicates the property with existing trees to remain. In order to provide access
to the property, a twelve -foot ingress and egress and turn around with a twenty -foot radius has
been dedicated, continuing SW 61St Avenue. The property shall front and be accessible through
SW 61St Avenue.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -3.5
Dimensional Requirements
• Section 20- 4.2(b)
Land Subdivision Regulations
• Section 20 -4.1
Adequate public facilities
Comprehensive Plan
• Goals, Objectives, and Policies of the Future Land Use Element
Dade County Code
• Chapter 28 -4
Subdivision Regulations
Waiver of Plat — 8202 SW 61" Avenue
June 4, 2002
Page 3 of 3
RECOMMENDATION
Staff recommends approval of the request, subject to the condition that the existing trees are to
remain, and believes that the proposed project will not adversely affect the health or safety of
persons residing in the vicinity of the waiver of plat and will not be detrimental to the public
welfare or property or improvements in the neighborhood.
Any approval of this request is subject to County review and approval, and compliance with the
City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1
adequate public facilities of the Land Development Regulations.
Attachments:
Attachment "A"
Property Survey
QQbL
CS/RGL/LCH
K: \Waiver of Plat \WAIVEROF PLAT 8202 SW 61 AVENUE.doc
ATTACHMENT "A"
LEGAL DESCRIPTION:
PARENT TRACT: THE EAST 155 FEET OF THE NORTH 206.60 FEET, OF THE
WEST 1/2, OF THE SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE
SOUTHEAST 1/4, OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST,
LYING AND BEING IN MIAMI DADE COUNTY, FLORIDA.
CUT OUT PARCEL TRACT "A ":
THE EAST 155 FEET OF THE NORTH 103.30 FEET, OF THE WEST 1/2, OF THE
SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF THE SOUTHEAST 1/4 OF SECTION
36, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING AND BEING IN MIAMI
DADE COUNTY, FLORIDA.
HAVING AN AREA OF 16, 011.5 SQUARE FEET, MORE OR LESS, GROSS.
CUTOUT PARCEL TRACT "B":
THE EAST 155 FEET OF THE NORTH 206.60 FEET, LESS THE NORTH 103.30
FEET, OF THE WEST %2, OF THE SOUTHWEST 1/4, OF THE NORTHWEST 1/4, OF
THE SOUTHEAST 1/4, OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST,
LYING AND BEING IN MIAMI DADE COUNTY FLORIDA.
HAVING AN AREA OF 16,011.5 SQUARE FEET, MORE OR LESS, GROSS.
City of South Miami
Planning & Zoning Department
v 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305)663 -6327 Telefacsimile: (305)666 -4.591
Application For Waiver of Plat
Address of Subject Property:
, Lot(s) Block Subdivision
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AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
�/
Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee
Please answer the following:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY
Application Form
✓ Warranty Deed(s); .
_✓ Letter from Owner(s)
Power of attorney,
►Contract to purchase
✓Waiver of Plat (22' copies)
Signed & Sealed by a Registered Surveyor
✓ Required Fee(s)
Zoning District: - 3
Septic Tank or Sewer: 46pTL -ill_
Public or Well Water Supply NJ6U: WN* P- Su i9e
Lot Frontage(s): = Cjd'C,, r r?j ; j�3'
Net Lot Area(s)., A ; 1600J
Setbacks for Existing Building(s).
Existing Building Coverage(s): 6U:L0. (VL_7 hv! cti 0-1C
Existing Impervious Coverage(s):
T) .: s o .
F.A.R. (For Cornmercial Only):
Abutting Streets', / Right -of- way's:
The a ersigned ead this completed application and represents that the information and all submitted materials are true and
corre b t oft 7i ' is knowledge and belief.
Applican 's Signatu e and title Date
1
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable re-Ulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed City Approval County Approval
Concurrency
Method of Payment
3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF
PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT
CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE
PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL,"
LOCATED AT 8202 SW 6111T AVENUE, SOUTH MIAMI FLORIDA 33143;
PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE
ORDINANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Mr. And Mrs. Henry Pinske owner of the property at 8202 SW 61st Ave.,
submitted an application requesting a waiver of plat, pursuant to Section 20- 4.2(b) of the Land
Subdivision Regulations and,
WHEREAS, Planning staff has recommended approval of the application for said waiver,
which is based -upon (a) the merits of the application as it relates to requirements in the Land
Development Code and (b) the application's consistency with the City's adopted Compressive
Plan; and,
WHEREAS, the Mayor and City Commission of the City of South Miami desire waive
the requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision
Regulations and.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
. Section 1. The application submitted by Mr. And Mrs. Henry Plinske, requesting a
waiver of plat, for the property legally described in Section 2, pursuant to Section 20- 4.2(b) of
the Land Subdivision Regulations and, is granted.
Section 2. LEGAL DESCRIPTIONS PARENT TRACT:
The east 155 feet of the north 206.60 feet, of the west ' /z, of the southwest '/4, of the northwest '/4,
of the southeast '/4, of section 36, township 54 south, range 40 east, lying and being in Miami
Dade County, FL.
CUT -OUT PARCEL "A ": The east 155 of the north 103.3 feet, of the west 1/2, of the
southwest 1/4, of the northwest '/4, of the southeast `'/4, of section 36, township 54 south, range 40
east, lying and being in Miami Dade County, FL.
Having an area of 16,011.5 square feet, more or less, gross.
CUT -OUT PARCEL "B "; The east 155 feet of the north 206.60 feet, less the north 103.30 feet
of the west '/2, of the southwest 1/4, of the northwest '/4, of the southeast '/4, of section 36,
township 54 south, range 40 east, lying and being in Miami Dade County, FL.
Having an area of 16,011.5 square feet, more or less, gross.
Section 3. Drawings submitted by the applicant, as part of the record for this City
Commission meeting prepared by Narcisco Jose Ramirez, Registered Land Surveyor, dated
March 15, 2002, shall be the guiding plan for development.
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Russell:
Commissioner Feliu
Commissioner Bethel:
Commissioner Wiscombe:
\\MCGRUFF\PLANNINGMaiver of Plat \WAIVEROF PLAT 8202SW 61 Ave ResoLdoc
South Miami
M-ARWOCRY
2001
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor & Date: June 4, 2002
City Commission /a
From: Charles Scurr RE: Waiver of Plat
City Manager 5228 SW 63rd Court
REQUEST:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR. A
WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND
DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, .
REGARDING THE PROPERTY LOCATED IN THE RS -2, "SEMI - ESTATE
RESIDENTIAL," LOCATED AT 5228 SW 63RD COURT, SOUTH MIAMI
FLORIDA 33155; PROVIDING FOR BONDING PURSUANT TO SECTION
17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL
DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND;
On March 1, 2002, an Application for Waiver of Plat was applied for by Manuel G. Vera, on
behalf of Ms. Josefina Nassar, in order to divide a tract of land described as property folio 09-
4024- 026 -0010, located at 5228 SW 63`d Court.
LEGAL DESCRIPTION: SEE ATTACHMENT "A"
ANALYSIS:
The proposed waiver of plat would create two single residential properties, zoned RS -2
"Semi- Estate Residential," located at 5228 SW 63`d Court. The two parcels at this location are
consistent with the RS -2 zoning on the east and south of the subject property. Properties on the
north and west, although residential lots, are outside the City Limits, located in unincorporated
Miami -Dade County. The proposed wavier of plat is creating tracts that are larger than required
by the land development regulations for RS -2.
Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single -
Family District are as follows:
Waiver of Plat — 5228 SW 63rd Street
June 4, 2002
Page 2
ZONING SUMMARY for Lot "C ":
(a) Zoning Designation: RS -2 "Semi- Estate Residential"
(b) Use: Single - Family
(c) Lot Size: 15,001 s.f. proposed, Minimum lot size 15,000 s.f. required.
(d) Building frontage: 104.32 feet proposed, Minimum frontage 100 feet required.
ZONING SUMMARY for Lot "D":
(a) Zoning Designation: RS -2 "Semi- Estate Residential"
(b) Use: Single- Family
(c) Lot Size 21,430 s.f. proposed, Minimum lot size 15,000 s.f. required.
(d) Building frontage: 143.64 feet proposed, Minimum frontage 100 feet required.
(e) Proposed Yard Setbacks: Minimum Setbacks:
Front 75.75' 35' -0
Rear..... 65.89' 25' -0"
Side (Interior) 27.14' 10' -0" (Cumulative width of both side yards
shall not be less than 20 % of the total lot width)
Side (Interior) ... 9.15' 10' -0"
Currently lot "D" has an existing one -story single - family residential structure on the subject
property. The current survey indicates an existing nonconforming side setback of 9.15 feet on the
north side. The south side indicates' a proposed side setback of 27.14 feet; the minimum
cumulative setback required is 28.73 feet, therefore the property will meet the required setbacks.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -3.5
• Section 20- 4.2(b)
• Section 20 -4.1
Comprehensive Plan
Dimensional Requirements
Land Subdivision Regulations
Adequate public facilities
• Goals, Objectives, and Policies of the Future Land Use Element
Dade County Code
• Chapter 28 -4 Subdivision Regulations
Waiver of Plat — 5228 SW 63rd Street
June 4, 2002
Page 3
RECOMMENDATION
Staff recommends approval of the request, subject to the demolition of the encroachment, and
believes that the proposed project will not adversely affect the health or safety of persons
residing in the vicinity of the waiver of plat and will not be detrimental to the public welfare or
property or improvements in the neighborhood.
Any approval of this request is subject to County review and approval, and compliance with the
City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1
adequate public facilities of the Land Development Regulations.
Attachments:
Attachment "A" -Legal Descriptions
Property Survey
K: \Waiver of Plat \WAIVEROF PLAT 5228 SW 63 Court.doc
Waiver of Plat — 5228 SW 63"d Street
June 4, 2002
Page 4
ATTACHMENT "A"
LEGAL DESCRIPTION Parent Tract:
LOT 1, BLOCK 1 OF "LA HAMACA," ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 51, AT PAGE 25, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, AND THE EAST 10.00 FEET OF THE NORTH 198.00 FEET
OF THE NORTH '/z OF THE WEST %2 OF THE N.W. '/4 OF THE S.E. '/40F THE S.W. '/4 OF
SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST LYING AND BEING IN MIAMI -
DADE COUNTY, FLORIDA.
LESS THE NORTH 120. FEET THEREOF.
CONTAINING 36,430 SQUARE FEET, MORE OR LESS OR 0.84 ACRES, MORE OR LESS.
Resulting Parcel "C ":
THE SOUTH 104.32 FEET, OF THE FOLLOWING DESCRIBED PARCEL OF LAND:
LOT 1, BLOCK 1, OF "LA HAMACA," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 51, AT PAGE 25, OF THE PUBLIC RECORDS OF MIAMI -
DADE COUNTY, FLORIDA, AND THE EAST 10.00 FEET OF THE NORTH 198.00 FEET
OF THE NORTH' /2 OF THE WEST %2 OF THE NW/40F THE S.E. 1/40F THE S.W. '/40F
SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST LYING AND BEING IN MIAMI-
DADE COUNTY, FLORIDA.
LESS THE NORTH 120.00 FEET THEREOF.
CONTAINING 15,001 SQUARE FEET, MORE OR LESS, OR 0.34 ACRES, MORE OR
LESS.
Resulting Parcel "D ":
LOT 1, BLOCK 1, OF THE "LA HAMACA," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 51 AT PAGE 25, OF THE PUBLIC RECORDS ,OF MIAMI -
DADE COUNTY, FLORIDA, AND THE EAST 10.00 FEET OF THE NORTH 198.00 FEET
OF THE NORTH % OF THE WEST %2 OF THE N.W. '/4 OF THE S.E. '/4 OF THE S.W. '/4 OF
SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST LYING AND BEING IN MIAMI -
DADE COUNTY, FLORIDA.
LESS THE NORTH 120.00 FEET THEREOF AND LESS THE SOUTH 104.32 FEET
THEREOF.
CONTAINING 21,430 SQUARE FEET, MORE OR LESS, OR 0.50 ACRES; MORE OR
LESS.
1
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
6 WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND
7 DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE,
8 REGARDING THE PROPERTY LOCATED IN THE RS -2, "SEMI- ESTATE
9 RESIDENTIAL," LOCATED AT 5228 SW 63R COURT, SOUTH MIAMI
10 FLORIDA 33155; PROVIDING FOR BONDING PURSUANT TO SECTION
11 17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL
12 DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE.
13
14 WHEREAS, Manuel G. Vera, on behalf of Josefina Nassar owner of the property at 5228
15 SW 63 rd Court, submitted an application requesting a waiver of plat, pursuant to Section 20-
16 4.2(b) of the Land Subdivision Regulations and,
17
18 WHEREAS, Planning staff has recommended approval of the application for said waiver,
19 which is based upon (a) the merits of the application as it relates to requirements in the Land
20 Development Code and (b) the application's consistency with the City's adopted Compressive
21 Plan; and,
22
23 WHEREAS, the Mayor and City Commission of the City of South Miami desire waive
24 the requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision
25 Regulations and.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. The application submitted by Manuel G. Vera, on behalf of Josefina Nassar,
31 requesting a waiver of plat, for the property legally described in Section 2, pursuant to Section
32 20- 4.2(b) of the Land Subdivision Regulations and, is granted.
33
34
35 Section 2. LEGAL DESCRIPTIONS Parent Tract:
36
37 LOT 1, BLOCK 1 OF "LA HAMACA," ACCORDING TO THE PLAT THEREOF AS
38 RECORDED IN PLAT BOOK 51, AT PAGE 25, OF THE PUBLIC RECORDS OF MIAMI -
39 DADE COUNTY, FLORIDA, AND THE EAST 10.00 FEET OF THE NORTH 198.00 FEET
40 OF THE NORTH 1/20F THE WEST 1/20F THE N.W. 1/40F THE S.E. 1/40F THE S.W. 1/40F
41 SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST LYING AND BEING IN MIAMI -
42 DADE COUNTY, FLORIDA.
43 LESS THE NORTH 120. FEET THEREOF.
44
45 CONTAINING 36,430 SQUARE FEET, MORE OR LESS OR 0.84 ACRES, MORE OR LESS.
46
47
48
49
50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Resulting Parcel "C ":
THE SOUTH 104.32 FEET, OF THE FOLLOWING DESCRIBED PARCEL OF LAND:
LOT 1, BLOCK 1, OF "LA HAMACA," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 51, AT PAGE 25, OF THE PUBLIC RECORDS OF MIAMI -
DADE COUNTY, FLORIDA, AND THE EAST 10.00 FEET OF THE NORTH 198.00 FEET
OF THE NORTH 1/20F THE WEST %2 OF THE NW 1/40F THE S.E. 1/40F THE S.W. 1/40F
SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST LYING AND BEING IN MIAMI
DADE COUNTY, FLORIDA.
LESS THE NORTH 120.00 FEET THEREOF.
CONTAINING 15,001 SQUARE FEET, MORE OR LESS, OR 0.34 ACRES, MORE OR
LESS.
Resulting Parcel "D ":
LOT 1, BLOCK 1, OF THE "LA HAMACA," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 51 AT PAGE 25, OF THE PUBLIC RECORDS OF MIAMI -
DADE COUNTY, FLORIDA, AND THE EAST 10.00 FEET OF THE NORTH 198.00 FEET
OF THE NORTH 1/20F THE WEST 1/20F THE N.W. 1/40F THE S.E. %4 OF THE S.W. 1/40F
SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST LYING AND BEING IN MIAMI -
DADE COUNTY, FLORIDA.
LESS THE NORTH 120.00 FEET THEREOF AND LESS THE SOUTH 104.32 FEET
THEREOF.
CONTAINING 21,430 SQUARE FEET, MORE OR LESS, OR 0.50 ACRES, MORE OR
LESS.
Section 3. Drawings submitted by the applicant, as part of the record for this City
Commission meeting prepared by Manuel G. Vera and Associates, Inc., dated September 18,
2001, and revised on February 25, 2002 project number 98- 05 -98, shall be the guiding plan for
development.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of May 21, 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Russell:
Commissioner Feliu
Commissioner Bethel:
Commissioner Wiscombe:
1 CITY OF SOUTH MIAMI DRAFT
2 SPECIAL CITY COMMISSION MEETING
3 APRIL 9, 2002
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in Special session on Tuesday, April 9, 2002 beginning at 7:30
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call -:
12 The following members.of the City Commission were present:
13 Mayor Julio Robaina, Vice Mayor Mary Scott Russell and
14 Commissioners David D. Bethel, Randy G. Wiscombe and Horace G.
15 Feliu.
16
17 Also in attendance were: City Manager Charles D. Scurr,
18 Planning Director Richard Lorber, City Attorney Earl G. Gallop
19 and Administrative Secretary Nkenga Payne sitting in for City
20 Clerk Ronetta Taylor.
21
22 B. Invocation:
23 Commissioner Feliu delivered the Invocation.
24
25 C. Pledge of Allegiance:
26 The Pledge of Allegiance was recited in unison.
27
28 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
29
30 RESOLUTION (S) /PUBLIC HEARING (S)
31
32 1. A PUBLIC HEARING ON A PROPOSED CHARTER AMENDMENT;
33 INITIATIVE TO LIMIT BUILDING HEIGHT AND DENSITY IN THE
34 CITY OF SOUTH MIAMI AND PRESENTING THE INITIATIVE TO
35 THE ELECTORATE OF THE CITY AT A SPECIAL ELECTION JUNE
36 18, 2002; THE PUBLIC HEARING IS REQUIRED BY PURSUANT TO
37 SECTION 9.1(4) OF THE SOUTH MIAMI CODE OF ORDINANCES.
38
39 Moved by Mayor Robaina, seconded by Vice Mayor Russell and
40 Commissioner Wiscombe to approve this item.
41
42 Manager Scurr explained that the purpose of tonight's
43 meeting as per the City's Code of Ordinances: 1) there is a
44 required public hearing as part of the Citizens' initiative and
45 referendum process. A Special Election has been scheduled for
46 June 18th. A public hearing is required to be held not less than
47 sixty days before the Special Election. As part of that process
SPECIAL CITY COMMISSION 1
MINUTES - April 9, 2002
1 there has been a lot of discussion about trying to develop an
2 alternate proposal or proposals to be considered by the voters;
3 and 2) discuss alternate proposals, which the City Commission
4 could at its discretion put on the ballot for that same special
5 election. He said that the Commission did not need to come to
6 closure this evening, however they did need to make a decision by
7 next Tuesday (April 16th)
8
9 Manager Scurr shared that staff has met with the
10 Petitioner's Committee, other individuals and groups over the
11 past several weeks working on alternate language that could be
12 put before the voters that would have the support of everyone.
13
14 Mayor Robaina opened the floor for the public hearing.
15
16 Valerie Newman of 6910 SW 64th Avenue appeared before the
17 City Commission to convey her support of the referendum. She said
18 that in order, for her to vote for the alternate ballot question
19 the language would have to be very clear as to what documentation
20 would be used to address height changes. She said one of the
21 issues that concerned her was the rezoning of 62nd Avenue. She
22 referenced the City's Zoning Map, which currently shows that 62nd
23 Avenue has two- story zoning. She said that she would vote to
24 protect her neighborhood from a four -story building from 70th to
25 64th Avenue and SW 62nd Avenue.
26
27 Dean Whitman of 6259 SW 70th Street appeared before the City
28 Commission in support of the referendum. He said that his
29 neighborhood was not a wasteland, which some people have referred
30 to it as. He emphasized the importance of maintaining control
31 over the traffic situation in this area.
32
33 Beth Schwartz of 6931 SW 62nd Court appeared before the City
34 Commission in support of the referendum. She further concurred
35 with the concerns raised by Valerie Newman and Dean Whitman. She
36 said that residents in the Cocoplum Terrace area want to keep
37 retail in the downtown area. She suggested putting two -story
38 townhouses on the vacant property on 62nd Avenue. She emphasized
39 that the residents wanted to keep the integrity of their
40 neighborhood and did not want more traffic on 62nd Avenue.
41
42 Jorge Milian of 6531 SW 62nd Court appeared before the City
43 Commission in support of the referendum. He said that he did not
44 have a problem with the property owner on 62nd Avenue trying to
45 make money. However this should not Abe at the cost of the
46 residents that are bordering that land.
47
48 Patti Smith of 6270 SW 69th Street appeared before the City
49 Commission in opposition to a four story building on SW 62nd
50 Avenue.
SPECIAL CITY COMMISSION 2
MINUTES -April 9, 2002
1
2 Mayor Robaina pointed out that the issue has become a four -
3 story building on 62nd Avenue, which is not up for discussion
4 tonight. Tonight's public hearing is about the referendum
5 question.
6
7 Michael Miller of 6756 SW 62nd Avenue appeared before the
8 City Commission to clarify that he did not call SW 62nd Avenue a
9 wasteland. He said the Citizens' Initiative is no longer that at
10 all. It now appears that the Citizens want to amend their
11 concerns in such a way that it may change the intent of the 1,000
12 residents that had originally signed the petition. He said the
13 people speaking tonight represents less than 10 of those that
14 signed the petition. He_ emphasized that the Commission should
15 let the people vote on the referendum as presented by the
16 petition. He urged the Commission to be careful to. consider its
17 option. He urged the Commission to protect his property rights
18 and the property rights of the other commercial property owners
19 in this area and throughout South Miami. He shared if the
20 question passes and it has a negative impact on him as a property
21 owner, he would be one of the many people that would be joining
22 the lawsuits against the City. He emphasized that the commercial
23 property owners will do whatever it takes to protect their
24 property rights.
25
26 Eda Harris of 7100 SW 64t`' Court appeared before the City
27 Commission in support of the referendum as proposed by the
28 Citizens' Initiative. She said that the Commission should not be
29 favoring people who do not live in South Miami.
30
31 Gerald Cox of 6510 SW 62nd Court appeared before the City
32 Commission in opposition to the referendum. He voiced his
33 support of Miller Publishing because of its support of this
34 community. The Miller brothers have been here when many of the
35 residents that have spoken tonight weren't even living in South
36 Miami.
37
38 Craig Sherar of 6501 SW 61St Street appeared before the City
39 Commission and stated that even though he signed the petition, he
40 was not comfortable with the wording. However it was a place for
41 the citizens to start. He said the petition is the beginning of
42 the process. The end of the process is when the election takes
43 place. Everyone knew that within that time period there would be
44 discussions and there was a possible alternate question coming
45 from the Commission. This started a dialogue, which needed to
46 take place. He acknowledged that there is a problem with the
47 petition the way it is drafted. The people that signed that
48 petition basically want a height limitation. A compromise
49 proposal would be to go ahead and let those areas within the
50 TODD, which are below four stories and controlled by the
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Commission up to four- stories in height be developed. Anything
higher than four stories where there are currently no four -story
would go to the voters.
Al Elias, a property owner at 7150 of SW 62 °d Avenue
appeared before the City Commission in support of the Miller
project. He said that he was for development in the appropriate
areas of the City. This is delineated by many of the City's_
current regulations. He said that he did not want to see the tax
burden placed on the homeowner. This however is exactly what
will happen if the homeowner's referendum passes. He said he was
not in favor of developing in the neighborhoods.
Andrew Mossberg of 6255 SW 69th Street appeared before the
City Commission in support of the referendum as written.
John Edward Smith of 7531 SW 64th Court appeared before the
City Commission in opposition to the Homeowners referendum. He
said the City currently has a very long and extensive process in
place to address zoning issues. Regrettable this evening it
seems that a referendum on 62nd Avenue is being addressed. This
area needs to be looked at as part of the current process. He
opined that the City did not need to have a charter amendment to
address that issue. In addition the Zoning Task Force, which is
made up of volunteers has worked thus far 1,087 hours working on
zoning; matters. He conveyed his thanks to those individuals as
well as to staff for their diligence.
Michele Hebert of 7000 SW 64th Court appeared before the
City Commission in support of this referendum. She further
voiced opposition to the Millers' Proposal.
Yvonne Beckman appeared before the City Commission in
support of the referendum. She asked that the wishes of the
residents' who signed the petition be honored. She conveyed that
perhaps a compromise could be made that all could live with.
George Rudd of 6831 SW 76th Terrace appeared before the City
Commission in opposition to the referendum. He opined that it
would be ,absolutely impossible to bring new businesses into the
City. Giving the electorate the opportunity to vote for or
against zoning would be very expensive for the City.
Charles Christie of 6730 SW 62nd Court appeared before the
City Commission in opposition to this referendum. He voiced his
support of the Miller proposal.
Martin Alianelli of 6120 SW 68th Avenue appeared before the
City Commission in opposition to this referendum. He said that
he opposed some of the unethical ways in which this petition was
SPECIAL CITY COMMISSION
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LI
I presented to some of the residents and the fact that it limits
2 the growth of this City.
3
4 Samantha Newman of 6910 SW 64th Avenue appeared before the
5 City Commission in support of the referendum.
6
7 Walter Harris of 7100 SW 64t`' Court appeared before the City
8 Commission in support of the referendum. He said this is
9 democracy in action. The voters would have the final say on items
10 that immediately affect their lives.
11
12 Bob Welsh appeared before the City Commission in support of
13 the referendum.
14
15 Rainaldo Quitcillo of 6333 SW 69th Street appeared before
16 the City Commission in support of this referendum.
17
18 Edwin Harper of 6410 SW 62nd Court appeared` before the City
19 Commission in support of the referendum.
20
21 Darryl Morris of 7001 SW 64th Court appeared before the City
22 Commission in support of the referendum.
23
24 David Landowne of 6926 SW 62nd Court appeared before the
25 City Commission in support of the referendum. He said that he was
26 concerned about the alternate ballot questions and conveyed his
27 hope that the ballot questions are presented in such a way that
28 the people are able to make a choice.
29
30 Dick Ward of 8325 SW 62nd Court appeared before the City
31 Commission in opposition to the referendum. He said let
32 democracy take its place with the people. This legislation as
33 proposed may be flawed and may not hold up in court. He voiced
34 his understanding that same people that drafted the proposed
35 amendment were now seeking the City's assistance to amend the
36 wording so that it would become legal. If this proposed charter
37 amendment were passed the tax burden would once again be placed
38 on the homeowners. He emphasized the importance of sticking with
39 the one amendment and not confusing the voters.
40
41 Jay Beckman of 6520 SW 65th Street appeared before the City
42 Commission in support of the referendum. He conveyed that this
43 amendment would not eliminate those commercial properties already
44 existing within the City. All the citizens wants is some basic
45 protections in place to protect the Hometown Plan that was
46 created for the City.
47
48 Mayor Robaina conveyed that Mr. Beckman was one of the
49 originators of this petition drive. He asked Mr. Beckman if he
50 saw any flaws with the language of the amendment.
SPECIAL CITY COMMISSION 5 MINUTES - April 9, 2002
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2 Mr. Beckman said that he would take credit for any flaws in
3 the language. He conveyed that he was not an 'attorney and would
4 have legal counsel address the language issue.
5
6 Vince Menditto of 7901 SW 68t" Avenue appeared before the
7 City Commission in opposition to this referendum. He said that
8 he would like to see only this item on the ballot. He urged the
9 Commission to not add any alternate questions.
10
11 Carter McDowell of 2500 lst Union Financial Center appeared
12 before the City Commission representing the University of Miami
13 with concerns to the Abraham Property, the TODD area and the area
14 around the transit station. He opined that it is a bad idea to
15 plan by referendum. He said that the commercial property owners
16 need the flexibility to deal with redevelopment areas, the CRA
17 area, the TODD District, etc. He opined that the proposal is
18 flawed in a number of ways. He opined that it is addressing
19 multiple subjects. He opined that all parties needed to come
20 together to draft language easier to adopt that would allow the
21 City to plan for its future.
22
23 Jerry Proctor of 200 South Biscayne Boulevard appeared
24 before the City Commission representing the University of Miami.
25 He conveyed his client's opposition to this referendum. He
26 opined that it is important for the City to recognize the rights
27 of existing developments that have already been approved by the
28 Planning Board and City Commission but not necessarily built. He
29 voiced appreciation to those individuals who'd recommended
30 leaving the one question on the 'ballot to be voted on. He said
31 that it is incumbent on the City Commission to think seriously
32 about having alternate questions'. He referenced the University
33 Property and said there has got to be some latitude to have
34 planning and zoning decisions at this level and not at a public
35 referendum level. He shared that his office has drafted language
36 to exempt the TODD property from this referendum.
37
38 Joseph Goldstein of 1 SE 3rd Avenue appeared before the City
39 Commission representing South Miami Hospital. He conveyed his
40 client's opposition to this referendum. He opined it is
41 regrettable that everyone has to be here talking about this issue
42 tonight because quite frankly from his experience in dealing with
43 the City, it has handled the height issue very professional. He
44 shared that he's been in discussions with Mr. Gibbs, the Attorney
45 for the Homeowners Association. While it is an admirable goal to
46 allow this language to proceed, and if passed, to deal with it in
47 court however, any case has a fifty -fifty chance of winning or
48 losing. While it may be convenient for everybody to say that
49 this language is clearly unconstitutional is somewhat naive
50 because the Court system could go either way. He conceptualized
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1 the following as a possible alternate approach "THROUGHOUT THE
2 CITY, NOT BUILDING SHALL EXCEED FOUR STORIES OR 56 FEET, EXCEPT
3 THAT THOSE ADJACENT TO THE RESIDENTIAL PROPERTIES SHALL NOT
4 EXCEED TWO STORIES OR 35 FEET ". He suggested grandfathering
5 those properties that have received approval for development from
6 the City prior to the June 18th Special Election. As well as
7 exempting properties designated and provided for in the
8 Redevelopment and Infill districts and or the TODD District.
9
10 Tucker Gibbs appeared before the City Commission
11 representing the South Miami Homeowners 'Association. He
12 clarified that the Homeowner were not asking to amend the
13 question the petitioners have placed on the ballot. He said the
14 reason while his clients have been meeting with City staff, Mr.
15 Proctor, Mr. Goldstein, Mr. McDowell and others is because they
16 wanted to have a charter amendment that works for this Community.
17 He opined that the question as proposed by the Homeowners
18 Association would pass the legal process. He emphasized that the
19 homeowners were willing to work with the City and the property
20 owners to develop a question that the City and the large property
21 owners feels comfortable with. He said his clients want to find
22 a solution that everybody can buy into.
23
24 Mayor,Rob;aina asked Mr. Gibbs if in his opinion this matter
25 could have been resolved prior to it ever reaching this level.
26
27 Mr. Gibbs said the issue here is one where he is
28 representing his clients as their attorney. He related that he
29 deals with cities all the time and his "MO" is to work with
30 cities. He said that when the proposed question was first
31 drafted held gone to Attorney Gallop and showed him the petition
32 because he was concerned about the form. As an attorney
33 representing his clients, his clients asked about the procedures
34 for a referendum and asked him to help them draft it, which he
35 did. He said that he'd gone to the City's attorney and talked to
36 him 'about the legal issues, not about the legal issues of the
37 question but the form of it. His clients have a right to, by
38 initiative,' to put a question on the ballot. The City has a right
39 to be angry about how they did it.
40
41 Mayor Robaina said that Attorney Gibbs wasn't answering his
42 question. He said that he just wanted to let the public know
43 that so much time has been wasted here, when everybody is on the
44 same page. He said that he wanted to make it clear that if this
45 group had come and work with the City hands on, they wouldn't be
46 here. He opined that the City has an opportunity to put a
47 question on the ballot that everybody could buy into.
48
49 Attorney Gibbs said that there was a lot of real or imagined
50 distrust between his clients and City staff.
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2 Commissioner Wiscombe shared that for as long as he can
3 remember from being involved in 'City politics this particular
4 group has not been a positive entity in this community. He
5 referenced the Square Deihl Apartment issue where the City got
6 blamed for something that was out of its control. The City tried
7 to do the right thing even when it didn't have to. He asked where
8 is the mistrust. He said that if Mr. Gibbs' clients had come and
9 talked to the elected official before hand, they wouldn't be
10 where they are now. The City has a Comprehensive Master Plan
11 mandated by the State of Florida and a Zoning Plan, however the
12 two are not in compliance.
13
14 Mr. Gibbs explained that the City's Comprehensive Plan
15 provides a range for a municipality to operate. The City's
16 Comprehensive Plan provides for up to four stories in the TODD
17 MU4 District. However, the City's Zoning Code provides for two
18 stories. He emphasized that the Comprehensive Master Plan is
19 like the City's Constitution and provides the range and the
20 Zoning Code specifies what can be done within that range.
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22 Mr. Gibbs emphasized that his clients are ready, willing and
23 able to spend this time between now and next Tuesday to craft a
24 proposal that everybody can get behind. He presented his clients'
25 revised proposal as "THE ALLOWABLE HEIGHT AND DENSITY FOR ALL
26 PROPERTIES OUTSIDE THE EXISTING TODD AND HOMETOWN DISTRICTS CAN
27 NOT BE INCREASED. THE MAXIMUM ALLOWABLE BUILDING HEIGHT FOR THE
28 EXISTING TODD AND HOMETOWN DISTRICTS SHALL' BE FOUR STORIES AS
29 DEFINED IN THE ZONING CODE. EXCEPT WITH THE EXISTING TODD MU5
30 SHALL RETAIN ITS HEIGHT LIMITS. ANY INCREASE IN HEIGHT OR
31 DENSITY OF DEFINED ABOVE SHALL BE SUBJECT TO A VOTE BY THE
32 ELECTORS ", This amendment would keep the Hometown Plan as it is.
33 He emphasize that his clients don't want to see the City sued
34 over this issue. His clients' goal is to create a better
35 community.', He stressed that his clients are willing to work with
36 the City and community on this matter. He requested that the
37 meeting be reconvened on next Tuesday night.
38
39 Mr. Alianelli said that he would like for the United
40 Citizens of South Miami to be a part of this process.
41
42 After there were no other interested parties to speak on
43 behalf of this item, the Public Hearing was closed.
44
45 Commissioner Feliu shared that he was glad to see that Mr.
46 Gibbs and his clients were willing to work on a compromise. He
47 asked Attorney Gallop, if the group, willing to make the
48 compromise representing the original 1,200 registered voters that
49 signed the original petition based on the verbiage presented at
50 that time.
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Attorney Gallop said that he knew of no other authority by
which a Petition Committee can amend a question that has already
been approved by a petition and signed by a representative number
of voters. They can work with the City to craft language for an
alternative proposal.
Commissioner Feliu clarified that this verbiage would remain
on the ballot in addition to whatever compromise is reached.
Attorney Gallop said the process for putting the language on
the ballot has been complied with. The Commission's duty is to
preserve the integrity of the ballot question and the fairness of
the process. Therefore, a second question would have to go on the
ballot as an alternate.
Vice Mayor Russell asked for clarification purposes if more
than one alternative question could be placed on the ballot.
Attorney Gallop said that the Miami -Dade County Charter as
well as the City's Ordinances provides for the proposal of
multiple alternate questions.
Commissioner Bethel said that he wanted to know how many
African Americans signed this petition. He shared that this
election is going to cost the taxpayers approximately $8,000.00.
He opined that the South Miami Homeowners was not a good
organization. He explained that when the City was trying to
implement the CRA, the South Miami Homeowners Association were
telling the African American community to not support the CRA
because they would lose their homeowners insurance. Whatever the
City has tried to implement this group has been against. He said
that he did not want to compromise because what is being done
doesn't make sense.
Commissioner Wiscombe said that he did not agree with the
language of the original referendum. He opined one of the things
we need to do, as a community, is to work together. This isn't
being done at all. Part of this process is communicating. He
emphasized that not one meeting in regard to dealing with this
issue, was held by any member of the South Miami Homeowners
Association, with him. He said that he was amazed to know that
people want to control traffic and development, but yet they
don't want to control the number of people living in one house.
He said that he's gone on record that he would not support
anything over six stories. However, his record seems to be
falling on deaf ears. He said that the Comprehensive Master Plan
must be valid and emphasized the importance of correcting the
conflict before moving forward. He shared that a lot of his
friends live in the Cocoplum Terrace area. He said that he
SPECIAL CITY COMMISSION 9
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1 understands their concerns. However, that situation should have
2 been brought in line a long time ago and it should not have been
3 this -issue that did it. He opined that all parties have to look
4 at this and come to some type of resolve for the Community before
5 rifts get bigger, the wound gets bigger, the salt gets poured in
6 and then it doesn't heal. He emphasized that scare tactics don't
7 do the job. According to the City's Hometown Plan, the
8 Comprehensive Master Plan and the Land Development. Code a
9 situation like Brickell Avenue will not happen. He asked the
10 City Commission to direct staff and the City Attorney to give a
11 daily written account on the progress of those meetings, what
12 occurred and what issues were possibly resolved so that it is all
13 in writing.
14
15 Vice Mayor Russell suggested having staff work on this issue
16 on Wednesday and Thursday and provide a written report on Friday
17 and Monday.
18
19 Commissioner Wiscombe said this is fine as long as there is
20 a report on his desk by Monday prior to Tuesday's City Commission
21 meeting.
22
23 Commissioner Feliu said that he would like to see every
24 affected property owner represented at the meetings.
25
26 Vice Mayor Russell shared that this has been a great
27 learning experience for her. The Commission has every right to
28 put alternate language on the ballot. She opined that it is
29 important for everyone to continue to work together. It has
30 always been the tradition of this Commission to not exclude
31 anyone`, from the table. For the reason that a timeframe was
32 involved she invited everyone to come together to work on a
33 compromise and have that concluded by this Friday.
34
35 Commissioner Feliu concurred with comments made by Vice
36 Mayor Russell.
37
38 Vice Mayor Russell said that 62 "d Avenue has been such an
39 issue at tonight's meeting. She questioned why was it that 62 "d
40 Avenue was four lanes only from 64th Street to US One. She
41 suggested narrowing 62nd Avenue and giving the property on both
42 sides to the adjacent property owners. This would provide for
43 enough of a buffer for that area and would solve the concerns
44 raised by the homeowners.
45
46 Moved by Mayor Robaina, seconded Commissioners Wiscombe and
47 Feliu to table this item for the purpose of further discussion
48 between now and next Tuesday.
49
SPECIAL CITY COMMISSION 1 0
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1 There, being no further discussion the motion to table
2 passed by a 5 -0 vote.
3
4 Commissioner Bethel: Yea
5 Commissioner Feliu: Yea
6 Vice Mayor Russell: Yea
7 Commissioner Wiscombe: Yea
8 Mayor Robaina: Yea
9
10 2. ALTERNATIVE BALLOT LANGUAGE - A RESOLUTION OF THE
11 MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI
12 RELATING TO A CHARTER AMENDMENT TO LIMIT BUILDING
13 HEIGHT IN AREAS OF THE CITY, PROVIDE FOR A BUFFER ZONE
14 ADJACENT TO SINGLE FAMILY RESIDENCES, REQUIRE VOTER
15 APPROVAL OF HEIGHT LIMIT CHANGES AND PRESENTING THE
16 CHARTER AMENDMENT TO THE ELECTORATE OF THE CITY AT A
17 SPECIAL ELECTION JUNE 18, 2002; PROVIDING AN EFFECTIVE
18 DATE.
19
20 Moved by Commissioner Feliu, seconded by Commissioner
21 Wiscombe to table this item for the purpose of further discussion
22 between now and next Tuesday.
23
24 There, being no discussion the motion passed by a 5 -0 vote.
25
26 Commissioner Bethel: Yea
27 Commissioner Feliu: Yea
28 Vice Mayor Russell: Yea
29 Commissioner Wiscombe: Yea
30 Mayor Robaina: Yea
31
32 Manager Scum related that he needed guidance and asked
33 Attorney Gallop that in order for this item to make the City
34 Commission for Tuesday was there a deadline by which the City
35 needed to have specific language for consideration.
36
37 Attorney Gallop said there is a deadline that the Commission
38 would like to have information disseminated by this Friday.
39
40 Manager Scurr said for clarification purposes that the final
41 version needs to be fully finalized by Monday, 24 hours in
42 advance. This language could still be changed during the Public
43 Hearing process on Tuesday. This information has to be submitted
44 to the Supervisor of Elections on Wednesday of next week. He
45 opined that everybody that leaves this room tonight should
46 understand that there is going to be the need to compromise and
47 that there is a middle ground. A meeting will be convened on
48 tomorrow, starting at 1 :00 p.m., in the City Commission Chambers.
49 Anyone that is interested is encouraged to attend.
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3. Adjournment
There, being no further business to come before this Body,
the meeting adjourned at 10 :27 p.m.
Attest:
City Clerk
SPECIAL CITY COMMISSION
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Approved
12
Mayor