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06-11-02'N South,Miami Ht. 20(11 CITY COMMISSION AGENDA City Commission Meeting Meeting date: June 11, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: July 23, 2002 Phone: (305) 663-6340, Time: 7:30 PM groups, homeowner associations, or trade a sociation.5- and unions. Leljmmc�� M A. Roll Call: C. Pledge of Allegiance: D. Presentation(s)(7:00 p.m.) CERT Recognition Junior Commission For Women Recognition Employee of the Month Officer of the Month REGULAR CITY COMMISSION AGENDA - June 11, 2002 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - June 4, 2002 2. City Manager's Report a. Parks & Rec. Director Ana Garcia - Fourth of July Event b. Assistant Chief Michael Mills - Hurricane Preparedness 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE REDLAND COMPANY, INC. FOR WATER MAIN IMPROVEMENT - PHASE 1B CONSTRUCTION AT AN AMOUNT OF $261,281.00 TO BE CHARGED TO GRANT, FUND ACCOUNT NO. 001- 0000 - 132 -2055; PROVIDING AN EFFECTIVE DATE. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND • i APPOINTING DOREEN r • O SERVE FOR THREE 2005, TO THE COMMISSION SENIOR FOR PROVIDING AN EFFECTIVE DATE 3/5 • SECOND READING HEARING there are none RESOLUTION REGULAR CITY COMMISSION 2 AGENDA - June 11, 2002 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD (LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5869 PROGRESS ROAD; PROVIDING FOR AN EFFECTIVE DATE. 4/5 RESOLUTION (S) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDBY CONTRACT WITH ASHBRITT, INC FOR DEBRIS REMOVAL AND PROVISION OR OTHER DISASTER RELATED SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 9. A.RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INVITING THE WORLD ORCHID CONFERENCE AND ITS BOARD, OFFICERS, AND MEMBERS TO HOLD ITS WORLD ORCHID CONFERENCE IN SOUTH FLORIDA IN 2008; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Russell) 1 i A RESOLUTION OF '• AND CITY COMMISSION OF : f-2. A RESOLUTION OF MAYOR AND CITY COMMISSION • CITY OF • MIAMI, •- 1 • ENDORSING THE CONCEPT OF REGIONAL '• COORDINATION; PROVIDING •,. EFFECTIVE DATE. (Vice Mayor Russell) r RESOLUTION OF THE ML • r CITY COMMISSION • . CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION,- REGULAR CITY COMMISSION 3 AGENDA - June 11, 2002 APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI °S SPECIAL ELECTION BEING HELD TUESDAY, JUNE 18, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $3,000.00 WILL BE CHARGED TO ACCOUNT NO. 01- 1200- 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE ORDINANCE (S) FIRST READING /PUBLIC HEARING 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,: BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A PERMITTED USE IN THE "GR " GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERABILITY;;. PROVIDING FOR ORDINANCES IN+ CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 ORDINANCE (S) FIRST READING There are none 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 11, 2002 CITY OF SOUTH MIAMI W INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST Date: June 3, 2002 Agenda Item # Comm Mtg. 06 -11 -02 Re: Authorization the City Manager to execute agreement with the lowest responsible bidder for the Proposed Water Main Extension— Phase 111 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE REDLAND COMPANY, INC. FOR WATER MAIN IMPROVEMENT - PHASE 1B CONSTRUCTION AT AN AMOUNT OF $261,281.00 TO BE CHARGED TO GRANT FUND ACCOUNT NO. 001- 0000 - 132 -2055. BACKGROUND: The proposed Water Main Improvement Project — Phase 1B was advertised for construction bids April 15, 2002. Eleven contractors picked -up bid packages and six contractors submitted bids. The bids were publicly opened the last day of bid submittal (Monday, May 20, 2002) at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bond and met with the lowest responsible bidder (The Redland Company, Inc.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (C3TS) has submitted the attached letter of recommendation for The Redland Company, Inc. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: • Proposed Resolution • Bid Opening Report ❑ Tabulated Bids • Certified Advertised Notice of Bid Invitation • Engineer of Record's letter of recommendation RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE REDLAND COMPANY, INC. FOR WATER MAIN IMPROVEMENT PHASE 1B CONSTRUCTION AT AN AMOUNT OF $261,281.00 TO BE CHARGED TO GRANT FUND ACCOUNT NO. 001-0000-132-2055. WHEREAS, the Mayor and City Commission wishes to provide much needed potable drinking water and fire protection for the residents of the City of South Miami within the Phase 1 B area, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with The Redland Company, Inc. for the construction of Water Main Improvements — Phase 113 for an amount of $261,281.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City received six bids in response to the Notice of Bid Invitation advertised in the Miami Daily Business Review on Monday, April 15, 2002. Section 2: The engineering consultant review the bids and recommended that the contract be awarded to the lowest responsible bidder: The Redland Company, Inc. Section 3: The project is funded through the State Legislative appropriation funds and administered by the Florida Department of Environmental Protection. Section 4: That the Mayor and City Commission authorize the City Manager to execute an agreement with The Redland Company, Inc. for the construction of Water Main Improvement — Phase 113 for an amount of $261,281.00 to be charged to account number 001 - 0000 -132 -2055. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2002. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: "Excellence, Integrity, Inclusion" Bid Opening Report Bids were opened on: Monday, May 20, 2002 at: 305 p.m. For: Watermain Improvement Proiects — Phase IB CI02 -0520 Pre -Bid Estimate: $340,000 The above Bids have not been checked. Bid Totals are subject to correction after Bids have been completely reviewed. W. Ajibola Bal ,REM Director of Engr. & Constr. R netta Taylor City Clerk 4k Dan Grandal, P.E. CHS Bid Opening Report Watermain Improvement Projects — Phase IB CI02 -0520 1 of 1 Engineering & Construction 6130 Sunset Drive South Miami, Florida 33143 (')05)668-7354 Contractors Bid Amounts 1. Atlantic Civil, Inc. $460,918.76 2 Leon Engineering $290,911.40 3. Metro Equipment $351,195.00 4. The Redland Company $261,381.00 5. Southeastern Engineering Contractors $329,101.75 J. Boys Engineering II, Inc. $435,270.00 The above Bids have not been checked. Bid Totals are subject to correction after Bids have been completely reviewed. W. Ajibola Bal ,REM Director of Engr. & Constr. R netta Taylor City Clerk 4k Dan Grandal, P.E. 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O c sy .., >tC �a @sy c .vas si t O a o 4 c LL - @ f %p o U @'s Fi O c �+ E ZN vOi o EE ? s r c ¢ N MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, 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 - NOTICE OF BID INVITATION - BID NO. C102 -0520 in the XXXX Court, was published in said newspaper in the issues of 04/15/2002 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 attached copy of advertisement; and affiant further says that she has neither paid nor promised erson, firm or corporation any discount, reb co ssion o refund for the purpose of securing thi dverti nt for p lication in the said newspaper orn 15 y bscrib I L (SEAL) O.V. FERBEYRE pe ffie4llis MARIA 1. MESA MY CO .tM!SSION 9 GC 885640 Ito - TIRES: March 4, 2004 Dade ru Notary Public Underwriters NOTICE OF BID INVITATION CITY OF SOUTH MIAMI BID NO. C102-0520 The City of South Miami will receive sealed proposals until 3:00 p.m._ Local Time, Monday, May 20, 2002, in the Office of the City Clerk, 6130 Sunset Drive, South Miami, Florida 33143, for the following project: WATERMAIN IMPROVEMENT PROJECTS -PHASE 18 The project-consists of the installation of approximately 2,640 lineal feet of 8" D.I.P. watermain with associated fire hydrants, fittings, valves, ser- vice lines, water meters, pavement restoration and 1 " pavement overlay. Bids will be opened publicly at or shortly after 3:05 p.m. on Monday, May 20, 2002 in the City "Commission Chamber, 6130 Sunset Drive, South Miami, Florida. Bid documents may be obtained on or after Thursday, April 18, 2002, from the office of ,the City Clerk, City of South Miami. A $75.00 non- refundable deposit for plans and specifications is required. The bid will be awarded to the lowest responsible bidder, but the City of South Miami reserves the right to reject any and all bids, to waive any in- formation in any bid, and to increase or decrease the quantities shown in the Bid Form, if the City Manager deems it to be in the best interest of the City of'South Miami. Bids which contain irregularities of any kind may be rejected as infor- mal. A non - mandatory pre -bid conference will be held at the City of South . Miami, City Commission Chamber, 6130 Sunset Drive, South Miami, Flor- ida, at 10:00 a.m., local time on Monday, May 6, 2002. All interested con- tractors are invited to attend. The City of South Miami is:an Equal Opportunity Employer and encour- ages the participation of certified Black MBE Contractors. Ronetta Taylor, CMC City Clerk 4/15 02- B- 41/254115M- Engineers Architects Planners EB0005022 AAC002142 May 28, 2002 City of South Miami 6130 Sunset Drive South Miami, FL 33166 Attention: W. Ajibola Balogun Engineering and Construction Director Reference: City of South Miami Watermain Improvements — Phase 1B C3TS Project No. 1929- 09.04 Dear Mr. Balogun: On May 20, 2002, _proposals were received for the referenced project.. A summary of the Bids received is enclosed for your review. The low bid of $261,281.00 was submitted by The Redland Company, In.c., a local General Contractor based in Homestead, Florida. The specified contract time for this project is One Hundred Twenty;( 120) calendar days for final completion. We have checked the bid submitted by The Redland Company, Inc.; and find no discrepancies or qualifying statements. The bid was accompanied by proper bid security, and we checked references for performance on completed projects with other clients. Based on our findings, it is our opinion that this General Contractor is qualified and capable of performing the work. Therefore, we recommend that the project be awarded to The Redland Company, Inc., subject to acceptance by the City Council, execution of the Contract Agreement, submittal by the General Contractor of the required Performance and Payment Bonds, and Certificate of Insurance. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Daniel Grandal, P.E. Project Manager Encl. c: F. Bradley Nowell, Sr., Vice President, The Redland Company, Inc. X: \1929 -09 WM Extension 1B\04 Bid Phase \Recommendation of Award.doc 901 Ponce de Leon Blvd., suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3305 Web Site: www.c3ts.com Equal Opportunity Employer Company Name: The Redland Company, Inc. Owner: City of South Miami: Project Name: Watermain Improvements - Phase 1 B CONFIRMATION OF REFERENCES License / Certification: 1. Florida - General Contractor # CG- CO59992 2. MDC Occupational License (General Engineering) #_E952001 3. Florida Business & Professional Regulations Office (305) 377 -7115 License is current and active Yes License is inactive - -- Complaints registered against them None Reference Calls: 1. Project: various projects with Miami Dade County Public Works Dept. Amount: range from $160,000 to $4.3 million Contact: John Ritsema, Division Chief (305) 375 -2116 "Company does very good work and they work quickly. Completed projects on time (occasionally early) and within allotted budget would definitely work with them again. 2. Project: various projects with Current Builders Construction Co. Amount: range from $510,000 to $1.6 million Contact: Rick Carr, Vice President (305) 375 -2116 "Excellent company. Works within timeframe and within budget. The only project Change Orders were Owner generated. Would definitely work with them again in the future." 3. Project: various_,proiects with Florida Dept. of Transportation Amount: range from $255,000 to $4 million Contact: Stu Aasen (305) 499 -2422 4. Project: various projects with City of Homestead Amount: range from $600,000 to $2.5 million Contact: Brian O'Connor, Purchasing Director (305) 247 -1801 "Good company - have never had a problem with their work. Complete projects on time and within budget - can't recollect any Change Orders at all. Would work with them again." City of South Miami WATERMAIN EXTENSION- PHASE 1B 8821 1 6811 I I 6891 fi671 8851 6841 \- ----�— G m G —i 6500 6480 6480 6478 8450 7220 D II � ", safia go 8880 sa �I 6790 6750 C 8451 7240 8491 6481 6481 5 7250 7222 I, : 7221 � 72so 5951 S 73oo 7300 6490 8480 8480 6450 7301 7300 7341 7340 7320 6795 6755 II� Up 7350 6401 8481 8461 6451 I�f�lCl�ll 7341 7340 7380 7381 7360 C° SW 74T SW 7 W 74TH ST 7401 7400 `S 7401 7400 6500 6700 7435 8496 6490 8480 6470 6730 7411 7410 mum Gww MW 6770 87 TSIf�Gf,'dg�l . 74237W 50 7420 CAM mom 40M 6851 7421 fi7 u� TH ST 7440 7441 .ifP. 6491 6611 6601 8551 8543 ' 7450 6525 8501 555 7441 6850 8801 7511 Id I}� 8761 6751 8731 6701 6727 =..1 ICI tl 'c b @�� 8781 6771 1111110111 I 6861 8510 1 6540 SW 75TH TE 75a1 8530 6610 6600 6550 7570 8551 71 6780 6770 6760 6750 6740 6730 .7500 7551. 6880 6830 8800 '. 17 7611 6845 8635 6625 6580 8540 8520 1 8861 6851 6841 8831 8821 .6811 6791 6771 6761 6751 6741 6731 6721 6711 7821 21 6561 6541 6521 76TH TE 31 7631 7fi30 6810 N 6710 6834 6790 6770 6760 6750 6740 6730 6720 7651 7640 6522 70 6860. 6850 6840 8830 8820 6562 8542 657 6737 7710 7709 6621 8601 6583 6543 6523 6785 6775 8765 8747 D 661 i881 6887 .688768516841 68316827 6811 6803 p SW 77T ?lanru `Z vlul�xLU,� 7730 131 0 7720 6550 7721 8630 6620 8810 6600 5570 6560 6792 6782 8772 67fi2 752 6744 8730 8720 (� 1880 6870 6860 6850 0 0 6830 6820 6800 7730 7740 = 6463 6875 6881 85 8841 6831 6619 fi807 6791 6777 8781 6747 0 0 6727 6717 7810 7801 6825 6611 6557 6543 6529 6575 6501 pp, 11I11I1 — }} rIU u�V ��ul A 648 7 6474 6792 0 6780 6770 6760 6744 742 .8740 7830 6646 1824 6610 6556 6544 6530 8501 1 6480 6880 8870 6850 8840 6834 88206812 8800 7840 `- O`_ 8486 7850 7841 7850 7891 8625 6811 6557 6551 785.1 �Q� 8492 7881 7850 „ 16510 7853 7854 pp — II V6��Iwu 7854 7853'�I�I�1�1�'IV� �1KIIll� 7854 m �7i 85201 6861 6851 7862 6530 14 7862 7861 7862 7861 .50M mom man '9TH TE 8825 6815 7901 7902 7901 7902 6601 � 6540 7902 = G) 8870 8880 6850 8811 8791 6761 6741 6711 C -� DAVIS RD DAVIS DR .�y 8800 200 0 200 400 600 800 1000 Feet CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: June 3, 2002 Agenda Item # From: Charles D. Scurr Comm Mtg. 06 -11 -02 City Manager Re: Authorization to execute Professional Service Work Order for Water Main Extension -Phase 113 REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION PHASE 1B, IN AN AMOUNT OF EIGHTEEN THOUSAND FOUR HUNDRED FIFTY DOLLARS, ($18,450.00) TO BE CHARGED TO GRANT FUND ACCOUNT NO. 001 - 0000 - 132 - 2055. BACKGROUND: This project will fulfill the City's intent to provide potable drinking water and fire protection to the residents in the area specified. Currently, some residents in the area use well water as drinking water and they do not have fire hydrant for fire protection. The boundaries of Phase 1B are defined as; SW 75th Terrace from SW 65th Court to SW 67th Avenue, SW 77th Terrace from SW 60h Avenue to SW 67th Avenue, SW 78th Terrace from Manor Lane to SW 67th Avenue, SW 79th Street from Manor Lane to SW 67th Avenue, SW 65th Court from SW 74th Terrace to SW 75th Terrace, SW 68th Court from 72nd Avenue to SW 75th Street. C3TS has completed the design phase and bid phase for Phase 1B and C3TS is currently one of our General Engineering Consultants. The negotiated fee is consistent with industry standards, such as Miami -Dade County and State of Florida for similar scope and project. This project is part of the State's approved $I million grant for potable drinking water project. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. Page 2 of 2 Agenda Item... June 3, 02 ATTACHMENTS: • Proposed Resolution • Professional Engineering Services Work Order • Map of the proposed Phase 1B area RESOLUTION No.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION PHASE 111, IN AN AMOUNT OF EIGHTEEN THOUSAND FOUR HUNDRED FIFTY DOLLARS, ($18,450.00) TO BE CHARGED TO GRANT FUND ACCOUNT NO. 001-0000-132- 2055. WHEREAS, the City Commission of the City of South Miami, Florida, wishes to provide potable drinking water main and fire flow protection to the City of South Miami residents within Phase 1 B area; and WHEREAS, C3TS has completed the design and bid phases for the Phase 113 and C3TS is one of our General Engineering Consultants; and WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of C3TS, to provide construction engineering inspection phase services for Water Main Extension - Phase 1B; and WHEREAS, the streets within the boundaries of Phase 113 are defined as; SW 75th Terrace from SW 65th Court to SW 67th Avenue, SW 77th Terrace from SW 66th Avenue to SW 67th Avenue, SW 78th Terrace from Manor Lane to SW 67th Avenue, SW 79th Street from Manor Lane to SW 67th Avenue, SW 65th Court from SW 74th Terrace to SW 75th Terrace, SW 68th Court from 72 °d Avenue to SW 75th Street; and WHEREAS, the Water Main Extension — Phase 1B is funded through the State Legislative appropriation funds and administered by the Florida Department of Environmental Protection. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1: The City Manager is authorized to enter into a contractual agreement with Corzo Castella Carballo Thompson Salman, P.A. for the professional services in connection with construction engineering inspection phase services for the Water Main Extension — Phase 1B project, in an amount of $18,450.00. Section 2: The engineering consultant review the bids and recommended that the contract be awarded to the lowest responsible bidder: The Redland Company, Inc. Section 3: The project is funded through the State Legislative appropriation funds and administered by the Florida Department of Environmental Protection. Section 4: The total amount $1`8,450.00 will be drawn from the account number 001- 0000 -132 -2055. PASSED AND ADOPTED this day of , 2002. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: PROFESSIONAL SERVICES WORK ORDER Date: June 3, 2002 To: City of South Miami Engineering & Construction Department 6130 Sunset Drive South Miami, FL 33143 E n g i n e e r s Attention: Architects P l a n n e r s Project Name: Funding Source: W. Ajibola Balogun, Director Water Main Extension — Phase IB Construction Phase and Post Construction Administration Services C3TS File 1929 -09 FDEP Water Advisory Panel Description of Project: This project consists of improvements to the Water Distribution System for areas of the City of South Miami that presently are lacking adequate water service and fire protection. A contractor selected under EB0005022 the City's competitive bidding process will install the water mains for the City of South Miami. After AAC002142 completion, the system will be conveyed to the Miami -Dade Water and Sewer Department (WASD). Operation and Maintenance of the extended Water Distribution System will be by WASD. Phase 113 of this project consist of the installation of approximately 3,390 lineal feet (0.6 mile) of eight inch (8 ") diameter, ductile iron water mains and new service lines from the water main to the existing meters. Also, this project will install fire hydrants to provide fire protection as required to meet Miami - Dade County standards. The estimated total cost of the project is approximately $260,000 to be funded in part by State appropriations (Year 2001 FDEP Water Advisory Panel recommendation). The following street segments are included in Phase 113 of the Project: 1. SW 75th Terrace, from SW 65t" Court to SW 67`h Avenue (630 LF) 2. SW 77th Terrace, from SW 66`h Avenue to SW 67`h Avenue (340 LF) 3. SW 78th Terrace, from Manor Lane to SW 67 "' Avenue (800 LF) 4. SW 791h Street, from Manor Lane to SW 67th Avenue (440 LF) 5. SW 65th Court, from SW 74"' Terrace to SW 75th Terrace (260 LF) 6. SW 68th Court, from SW 72nd Avenue to SW 75`6 Street (920 LF) This Work Order provides for the required professional services during the Construction Phase of the Project, in connection with the General Administration of the Construction Contract, and for Post Construction Administration Services as outlined in the Scope of Services. Scope of Services and Schedule of Fees: 1.0 CONSTRUCTION PHASE SERVICES: 1.01 Conduct a pre -award meeting with Contractor. 1.02 Assist in obtaining and reviewing all documents needed in executing the contract between the City and the Contractor. 1.03 Attend pre - construction conference. 1.04 Perform Construction Engineering Inspections (approximately twice per week, up to 10 hours per week) and submit reports. 1.05 Review and approve / disapprove all shop drawings. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer Professional Services Work Order June 3, 2002 Page 2 1.06 Review the Contractors' Application for Payment and submit recommendation to the Engineering & Construction Director. 1.07 Perform project closeout with Contractor including final inspection, punch list, final Application for Payment review, and submit Certificate of Completion. The fee for the Construction Phase of the project will be a Fixed Fee amount of Sixteen Thousand Five Hundred and Ten Dollars ($16,510.00) based on a three (3) month uninterrupted construction schedule. Extended services during the Construction Phase of the Project will be billed at a rate of $7,500.00 per month. 2.0 POST CONSTRUCTION ADMINISTRATION SERVICES: 2.01 Review "As- Built" plans furnished by the Contractor for conformance with MD -WASD Standards. 2.02 Perform inspection of Work one month prior to the one -year guarantee /warranty expiration date, and report any defective work for correction. Assist the City with administration of guarantee /warranty for correction of defective work. The fee for the Post Construction Administration Services Phase of the project will be a Fixed Fee amount of One Thousand Nine Fortv Dollars ($1,940.00). The maximum fee authorized for all of the services listed by this Work Order is Eit4hteeu Thousand Four Hundred Fiftv Dollars ($18,450.00). If acceptable to you, we will accept a signed copy of this Work Order as your written authorization to proceed with this assignment. Thank you for the opportunity to be of service to the City of South Miami. Sincerely, o Castella� Car�h Tho son S n, P.A. Ramon C st�.E. ` Principal CITY OF SOUTH MIAMI Approved by: Signature and Title LAProjects \1929- 09 \W.O. — Proposals \W.0.060302ConstPhase&Admn.doc Date FEE WORKSHEET DATE: June 3, 2002 PROJECT: Water Main Improvements - Phase 1 B / Construction Phase Construction Phase: Task Prin PE /CM El Ins p. Cler Pre -award meeting and contract preparation 1 6 4 2 Pre- construction Conference 1 4 4 4 2 Shop Drawing Review 1 4 8 2 6 2 Contractor RFI and Clarifications 1 6 6 55 2 Contractor Payment Requisitions 280 6 6 8 2 Contractor Change Order& Requests 1 4 4 2 _ Periodic Inspection 8 8 96 6 _ _ Final Inspection & close -out _ 1 12 8 1 8 6 Sub -Total Hours 5 50 48 116 24 Billing Rates 140 95 75 55 45 Labor Costs 700 1 4,750 3,600 6,380 1,080 Labor Sub- Total = $ 16,510 Post Construction Administration: Task i -__ - -' Prin PE /CM El Ins Cier As -built review ------- 2 2 2 7 Warrant Ins ection �_ 1 – 2 4 2 Warrant Review __ _ — Sub- Total Hours 2 4 8 2 4 2 6 2 6 Billing' Rates 1 140 75 55 45 Labor Costs 280 760 300 330 270 Labor Sub- Total _ $ 1,940 LSProjects \1929- 09 \W.O: Proposals \FeeWorksheet 060302Phase 1B.doc City of South Miami WATERMAIN EXTENSION - PHASE 1B 200 0 200 400 600 800 1000 Feet To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurf REQUEST MEMORANDUM Date: June 11, 2002 Re: Agenda Item Commission For Sr. Citizens Apps A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING DOREEN D. SCANLON TO SERVE FOR A THREE YEAR TERM ENDING JUNE 11, 2005, TO THE COMMISSION FOR SENIOR CITIZENS; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina Doreen D. Scanlon for a three -year term ending June 11, 2005, to the Commission For Senior Citizens. Ordinance No. 13 -01 -1744, adopted June 12, 2001, created the Commission For Senior Citizens to serve in an advisory capacity to the Mayor and City Commission by making investigations, studies, reports and recommendations in respect to all matters pertaining to the status of senior citizens (ages 50 and over) in the City of South Miami including but not limited to health, living conditions, recreation, sources of information, exposure to crime, general safety, transportation, availability of employment and discrimination and responsiveness of government to the needs of such citizens, RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING DOREEN D. SCANLON TO SERVE FOR A THREE YEAR TERM ENDING JUNE 11, 2005, TO THE COMMISSION FOR SENIOR CITIZENS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various City boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the Mayor and City Commission has determined that nearly a quarter of the population of the City of South Miami is over 60 years old; and while the majority of these are in good health and are economically self - sufficient, there is a significant number in need of special services, but whose needs are often not identified; and WHEREAS, Ordinance No. 13 -01 -1744, adopted June 12, 2001, created the Commission For Senior Citizens to serve in an advisory capacity to the Mayor and City Commission by making investigations, studies, reports and recommendations in respect to all matters pertaining to the status of senior citizens (ages '60 and over) in the City of South Miami including but not limited to health, living conditions, recreation, sources of information, exposure to crime, general safety, transportation, availability of employment and discrimination and responsiveness of government to the needs of such citizens; and WHEREAS, the Mayor and City Commission desire to appoint Doreen D. Scanlon for a three - year term, ending June 11, 2005, to the Commission For Senior Citizens: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby appoints Doreen D.' Scanlon for a three -year term ending June, 2005, to the Commission For Senior Citizens. Section 2. 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 Bethel: Commissioner Feliu: Commissioner Wiscombe: Additions shown by underlining and deletions shown by everstrilcing. CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: .. n i@ C- C - i. C II N L- C 11 (Please print) 2. Home Address: _ � `�- �1. � e -eQ 6tC i� 3. Business Address: 4. Home Phone No. Business Phone No. Fax No. 5. E -mail Address: 6. Education Background: 7. Community Service: 8. Are you a registered voter? e-5, Yes x No 9 Yes 9. Are you a resident of the City. Yes _Y No 10. Do you have a business in the City? O Yes No 11. Ethnic Origin? White Non-Hispanic_ African American _ Hispanic American Other L NC L i 5l9 Signature. eel",- eat Date - Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 2001 CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: .. n i@ C- C - i. C II N L- C 11 (Please print) 2. Home Address: _ � `�- �1. � e -eQ 6tC i� 3. Business Address: 4. Home Phone No. Business Phone No. Fax No. 5. E -mail Address: 6. Education Background: 7. Community Service: 8. Are you a registered voter? e-5, Yes x No 9 Yes 9. Are you a resident of the City. Yes _Y No 10. Do you have a business in the City? O Yes No 11. Ethnic Origin? White Non-Hispanic_ African American _ Hispanic American Other L NC L i 5l9 Signature. eel",- eat Date - Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: June 11, City Commission ITEM NO. 4 From: Charles Scurr Special Use Approval City Manager 5869 Progress Road 40) Auto Repair Shop Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI-4)", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL-4) ZONING DISTRICT, SPECIFICALLY LOCATED AT 5869 PROGRESS ROAD. SUMMARY OF REQUEST: The applicant is requesting a Special Use Approval to operate an automotive repair facility at the above referenced location. An automobile repair and body shop is permitted in the "TODD(LI-4)" zoning district as a special use and subject to certain conditions. The applicant currently operates an automotive repair facility at 5845 Progress Road , a few doors north of the subject property. REGULATIONS APPLICABLE: Section 20-3.4(A) of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. A proposed special use must comply with the general special use requirements set forth in Section 20-5.8 which state that the use: (a) will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (b) will not be detrimental to the public welfare or property or improvements in the neighborhood; and, (c) complies with all other applicable Code provisions. In October, 2001, based upon the recommendations of the Zoning Task Force and Planning Board, the City Commission adopted Ordinance No.25-01-1756 which provided for a number of commercial and light industrial uses to be re-instated as permitted uses in the TODD (LI-4) zoning district. It appeared that in 1997, when the TODD district was created, certain uses previously allowed in the district were removed as permitted uses. At the time of the October, 2001 ordinance adoption, it was agreed that these uses could be re-instated, however, they would be classified as special uses thereby providing for additional scrutiny and public hearings. Special Use Approval Auto Repair June 11, 2002 Page 2 STAFF OBSERVATIONS: (1) The applicant's letter of intent states that the building will be used as an extension of the current business (auto repair /auto storage) located 5845 Progress Road. (2) The existing structure is a vacant one story building. There is a total of 3089 square feet of gross floor area. The building also faces Commerce Lane. (3) The proposed use requires (1) parking space for each 300 sq. ft. of gross floor area thereby resulting in a requirement of 11 parking spaces. The submitted site plan indicates a total of 11 on -site spaces located in the paved areas in the front and rear of the building thus meeting the applicable parking requirement. (4) The proposed use is located in an area dominated by automotive repair and other light industrial type businesses. (5) The applicant has stated that all cars will be brought inside for overnight storage. This complies with the applicable regulations for the TODD Light Industrial Zoning District. (6) Due to overall congestion in this area and limited external space of the property, actual automobile repair work should only be allowed inside the building. This also complies with the applicable regulations for the TODD Light Industrial Zoning District. (7) The applicant should take special care that wreckers and tow trucks delivering vehicles to the premises not block the traffic lanes on Progress Road, as this may have a very detrimental effect on traffic circulation in the area. PLANNING BOARD ACTION The Planning Board at its May 28, 2002 meeting recommended approval of the special use application with the conditions recommended by staff and set forth below. The motion to approve was made by Mr. Mann and seconded by Mr. Comendeiro. The motion was adopted by a vote of 5 ayes and 0 nays. RECOMMENDATION: The proposed use will not adversely affect the health, safety of persons working or residing in the vicinity; will not be detrimental to property in the neighborhood; and complies with all other applicable Code provisions. It is recommended that the special use application for an automobile repair facility at 5869 Progress Road be approved with the following conditions: 1) Automobile repair work shall only be allowed inside the building 2) Automobiles remaining on the property overnight shall be stored inside the building. 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Progress Road. 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special ` Approval Special Use ^^~~^~r~~ ' June ll,2002 Page 3 ^ ' use approval may be modified or revoked by the City Commission upon notification and public ' hearing. Attachments: ` Draft resolution Location Map � Letter Application intent Planning Copies ofPublic notices ` ' plan ' � , ' ���w�r ` ' --------'-- |~ � Use Auto repair Report.doc ` ' � ' � ' ' ' ` � ` ` ' ' ` � � ' 1 2 3 RESOLUTION NO. 4 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 7 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 8 20- 3.4(A) OF THE LAND DEVELOPMENT ` CODE FOR SPECIAL USE 9 APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE 10 "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT 11 INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5869 12 PROGRESS ROAD. 13 14 15 WHEREAS, the Barry Malik has submitted an application for a special use to allow an 16 automotive repair facility in the "TODD (LI -4) ", Transit Oriented Development District (Light Industrial- 17 4) zoning district specifically at 5869 Progress Road; and 18 19 WHEREAS, an automotive repair facility is allowed as a special use in the "TODD (LI -4) ", 20 Transit Oriented Development District (Light Industrial -4) zoning district subject to meeting certain 21 conditions specified in the Land Development Code Section 20 -3; and 22 23 WHEREAS, the approval of a special use requires a recommendation from the Planning Board 24 and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on May 28, 2002 the Planning Board, after public hearing, voted 5 -0 to recommend 27 approval of the special use request; and 28 29 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 30 recommendation of the Planning Board. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 33 THE CITY OF SOUTH MIAMI, FLORIDA: 34 35 36 Section 1: That an application for special use to allow an automotive repair facility in the "TODD (LI- 37 4) ", Transit Oriented Development District (Light Industrial -4) zoning district specifically at 5869 38 Progress Road and; is hereby approved subject to the following conditions: 39 40 1) Automobile repair work shall only be allowed inside the building. 41 42 2) Automobiles remaining on the property overnight shall be stored inside the building. 43 44 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic 45 lanes of Commerce Lane. Page 1 of 2 1 2 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & 3 Zoning, to be adversely affecting the health or safety of persons residing or working in the 4 vicinity of the proposed use, to be detrimental to the public welfare or property or improvements 5 in the neighborhood, or to be not in compliance with other applicable Code provisions, the special 6 use approval may be modified or revoked by the City Commission upon notification and public 7 hearing. 8 _9 10 Section 2: This resolution shall be effective immediately after the adoption hereof. 11 12 13 14 PASSED AND ADOPTED this _, day of , 2002 15 16 17 ATTEST: APPROVED: 18 19 20 CITY, CLERK MAYOR 21 22 Commission Vote: 23 READ AND APPROVED AS TO FORM: Mayor Robaina: 24 Vice Mayor Russell 25 Commissioner Bethel: 26 Commissioner Feliu 27 Commissioner Wiscombe: 28 CITY ATTORNEY 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5869 PROGRESS ROAD. WHEREAS, the Barry Malik has submitted an application for a special use to allow an automotive repair facility in the "TODD (LI -4) ", Transit Oriented Development District (Light Industrial - 4) zoning district specifically at 5869 Progress Road; and WHEREAS, an automotive repair facility is allowed as a special use in the "TODD (LI -4) ", Transit Oriented Development District (Light Industrial -4) zoning district subject to meeting certain conditions specified in the Land Development Code Section 20 -3; and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on May 28, 2002 the Planning Board, after public hearing, voted 5 -0 to recommend approval of the special use request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That an application for special use to allow an automotive repair facility in the "TODD (LI- 4) ", Transit Oriented Development District (Light Industrial -4) zoning district specifically at 5869 Progress Road and; is hereby approved subject to the following conditions: 1) Automobile repair work shall only be allowed inside the building. 2) Automobiles remaining on the property overnight shall be stored inside the building. 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Commerce Lane. Page 1 of 2 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this _, day of _ , 2002 ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: READ AND APPROVED AS TO FORM: Mayor Robaina: Vice Mayor Russell Commissioner Bethel: Commissioner Feliu Commissioner Wiscombe: CITY ATTORNEY City of South Miami Planning & Zoning Department v City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision PB -_ Meets & Bounds: Applicant: , Phone: Representative: y Organization: Address: r % 1 0 - ^ Phone: Property Owner %/,,N f2: ,srVz S' /Co(I C- r'ro Sryct� Signature: Mailing Address: Sya %1RocQ�`3S ' Phone: Architect/Engineer. Phone: A5 I HL APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner _Owner's Representative K Contract to purchase Option to purchase —Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEp\SE CHECK ALL THAT APPLY: _ Text Amendment to LDC Variance Letter of intent _ Zoning Map Amendment 'Special Use _ Justifications for change _ PUD Approval _Special Exception Statement of hardship _ PUD Major Change _Other Proof of ownership or left r from owner Power of attorney Briefly explain application and cite specific Code sections: nn gar, n n. trr non Section: Subsection: Page #: Amended Date: < "Current survey (1 original sealed and ) V V 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" /20% Property owner signatures V Mailing labels (3 sets) and map- VRequired Fee(s) The undersigned has read this completed a plication and represents that the information and all 3utmitted n.at, i ials are t,-ut. and correct to the best of the app�licant's knowledge and belief. Applicant's ignature and title Date Upon receipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required- Petition Accepted___ Method of Payment Malik Motors, Inc. 5869 Progress Road D < 66T ST n SW 66TH TE SW 67TH Cn cn W 68TH ST CD � r C/) �I N 00 / Z> SW 69TH ST _ y� �P SW 70TH ST SUBJECT PROPERTY SW 71 ST ST rn W n rn to U' SW 73RD ST i m n Feet 0 100 200 300 600 900 1,200 Malik Motors, Inc. 5845 Progress Rd. South Miami, FL 33143 " Phone (305) 668 -6696 ; Fax (305) 668 -6641 Dear City of South Miami, s 9 a b a s A •A A A 4 b) S A E A A A A e 3 Y 9 A A E 0 ? Z Malik Motors, Inc. 5845 Progress Rd. South Miami, FL 33143 " Phone (305) 668 -6696 ; Fax (305) 668 -6641 Dear City of South Miami, s 9 a I have successfully owned and operated an automotive repair facility at 5845 Progress Road since 1999. We are proud to have always maintained a professional, safe and clean working environment. As a point of reference, all of our customer's vehicles are stored indoors overnight. We are also pleased to be a part of the City of South Miami Commercial District. At this time, I am seeking a permit to operate an automotive repair facility to be located at 5869 Progress Road, which will be operated at the same level of integrity, cleanliness, and business management. I respectfully request your approval so that we can continue to increase the tax base of the city and also the growth of our community and business. Sincerely, Barry G. Malik, President Malik Motors, Inc. CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 28, 2002 City Commission Chambers 7:30 P.M. DRAFT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:39 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Illas served as Chairperson and requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Comendeiro, Mr. Illas and Ms. Yates. Board members absent: Mr. Morton and Ms. Gibson. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings PB -02 -005 Applicant: Barry G. Malik Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED AT 5869 PROGRESS ROAD Action: Mr. Mann read the item into the record and staff presented the request for Special Use Approval to operate an automotive repair facility at 5869 Progress Road in South Miami. The Board and staff discussed the request, after which the public hearing was opened. There were no speakers. Planning Board Meeting May 28, 2002 Page 2 of 4 Applicant Present: Barry G. Malik Motion: Mr. Mann moved to approve the request as presented and Mr. ' Comendeiro seconded the motion, with the following conditions as per staff's recommendation: 1) Automobile repair work shall only be allowed inside the building; 2) Automobiles remaining on the property overnight shall be stored inside the building; 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Progress Road. 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Vote: Ayes 5 Nays 0 PB -02 -006 Applicant: Enterprise Leasing Company, Inc. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING. FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the item into the record and staff presented the request. The applicant, Enterprise Leasing Co., Inc. is requesting the City to amend the Permitted Use Schedule of the Land Development Code to include "automobile rental agency" as a permitted use in the "GR ", General Retail Use District. The application package submitted Planning Board Meeting May 28, 2002 Page 3 of 4 refers to the specific address of 6394 South Dixie Highway as the location where the company wishes to place an automobile rental agency. The Board, staff and the applicant discussed the request in detail since if adopted, two separate sections of the Land Development Code must be amended. Amendment A revises the Permitted Use Schedule to allow an automobile rental agency in the GR District. Amendment B revises the Code section containing special use requirements by adding special requirements which an automobile rental agency must adhere to, whether it is a special use or permitted as a matter of right. Applicant Present: Jeffrey Flanagan, Esq. (representing Enterprise Leasing) Speaker against the proposal: Cal Rosenbaum First Motion: Mr. Comendeiro moved to deny the request and Mr. Mann seconded the motion. Mr. Mann recommended that the Zoning Task Force review these types of requests bearing in mind what is best for the City in the long term. After further discussion, Mr. Comendeiro withdrew his motion. Second Motion: Ms. Yates moved to approve the request, as a "Special Use" in the GR District, and Mr. Illas seconded the motion, which included the conditions specified by staff asfoil€aws AMENDMENT B 20 -3.4 Special use conditions. (B) Special JRequirements. (22) AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use. (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels. (b) No structure shall be located less than one hundred (100 ) feet from any adjacent residential district. (c) When adjacent to a residential district, a masonry or concrete wall of between six (6 ) and eight (8) feet in height shall be constructed along dividing property lines. (d) Required L parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (e) Maintenance, mechanical repair or washing of cars on site is prohibited. Planning Board Meeting May 28, 2002 Page 4 of 4 (f) Rental of RV's or commercial trucks is prohibited. Vote: Ayes 4 Nays 1 (Mr. Mann) - IV. Approval of Minutes .Action: The Board duly voted on and approved the minutes of April 30, 2002. Vote: Ayes 5 Nays 0 V. Remarks: No remarks. VI. Adjournment Action: There being no further business before the Board, Mr. Illas adjourned the meeting at approximately 9:118 PM. RGUMMM K:\PB \PB Minutes\2002 MinutesWINS 05- 28- 02.doe 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 SOU TH.MIAMI PUBLIC HEARING- 6/11/02 RE: RESOLUTION RE: SECTION 20- 3.4(A), ETC. in the XXXX Court, was published in said newspaper in the issues of 05/31/2002 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, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has n ' paid nor promised any person, firm or corporation any sco t, rebate, commission or refund for the purpose of s uri ' this adv rtisement for publication in the said new P er. t _ Swo to and subscribed before me this MA A.D. 20 (SEAL) i�IM I. MESA SOOKIEW!LLSA"MS k V ION #CC 885640 s;•. a °= EXPIRES; March 4, 2004 Bonded Stint Notary Public Underwriters CITY- OF.SOUTH MIAMI NOTICE OF PUBLIC 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 on Tuesday, June 11, 2002, beginning at 7:30 p. m., in the City Commission Chambers 6130 Sunset Drive,,to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOP- MENT .CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD (1-1 -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT IN- DUSTRIAL-4) ZONING DISTRICT, SPECIFICALLY LOCATED 5869 PROGRESS ROAD; PROVIDING FOR AN EFFECTIVE DATE Inquiries concerning this item should be directed to the Planning De- partment at 305 -663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CIVIC 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 re-o rd "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. 5/31 02- 3- 72/269206M INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Mr. Charles Scurr, City Manager REQUEST: Date: June 6, 2002 Re: Agenda Item # 00 Comm.Mtg. 6 /11/2002 Disaster Recovery Contract, Ashbritt, Inc. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDBY CONTRACT WITH ASHBRITT, INC. FOR DEBRIS REMOVAL AND "PROVISION OF OTHER DISASTER RELATED SERVICES. BACKGROUND AND ANALYSIS: In the event of a disaster, the City's resources and assets may not be adequate to provide response and recovery services to the community. Many local governments develop pre - event relationships with FEMA approved contractors should local resources become overwhelmed. It is imperative that the City have a standby agreement in place so that provisions are in place, in advance, for these services. City staff have attended a number of emergency management conferences and have interviewed multiple vendors. It is recommended that the City put in place, at this time, a non - exclusive contract with Ashbritt, Inc. Additional vendors may be added in the future. The City is "piggy backing" on a competitively bid contract with Broward County, #RLI 08100- 00 -RB. In addition to it being a non - exclusive contract the contractor agrees to accept FEMA reimbursements, so there is no cash outlay or liability for the City. RECOMMENDATION: APPROVAL IS RECOMMENDED. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDBY CONTRACT WITH ASHBRITT, INC. FOR DEBRIS REMOVAL AND PROVISION OF OTHER DISASTER RELATED SERVICES. WHEREAS, the City may experience destruction of life and property because of hurricanes, floods, tornadoes or other natural or technological disasters; and WHEREAS, the City needs to provide for disaster recovery technical and support assistance; and WHEREAS, although the City has personnel, equipment and the expertise to manage response to most emergencies, a major catastrophe may overwhelm the City's capabilities to the point outside assistance is required; and WHEREAS, during a state, federal or local state of emergency, the City Manager may deem it necessary to issue notices to proceed with certain disaster services; and WHEREAS, Ashbritt, Inc. has agreed to provide necessary services and resources to the City utilizing the competitively bid pricing of a contract with Broward County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1 The City Manager be, and hereby is authorized to execute the contract, substantially in the form attached, for disaster recovery services, between the City of South Miami and Ashbritt, Inc. Section 2: That this Resolution be effective upon adoption hereof. PASSED AND ADOPTED THIS ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: day of June, 2002. APPROVED: MAYOR CITY ATTORNEY AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND ASHBRITT, INC FOR DISASTER RECOVERY SERVICES WHEREAS, City of South Miami, a City of the State of Florida, may experience destruction of life and property because of hurricanes, floods, tornadoes, and other weather events as well as other natural or technological disasters; and WHEREAS, governing bodies of political subdivisions of the State of Florida need to provide for disaster recovery technical and support assistance; and WHEREAS, although City of South Miami has personnel, equipment, and price agreements in place to manage disaster recovery for most emergency situations, a major catastrophe may overwhelm local capabilities to the point that outside assistance will be required; and WHEREAS, during a state or local state of emergency the City Administrator may deem it necessary to issue notices to proceed with certain disaster services, Nbw, Therefore, This is an Agreement, made and entered into by and between: City of South Miami, a political subdivision of the State of Florida, herein after referred to as "City", And Ashbritt, Inc, a Florida Corporation, hereinafter referred to as "Ashbritt". In Consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, City and Ashbritt agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - means this document, articles 1 through 9, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The City of South Miami Board of City Commissioners. 1.3 City Administrator - The City of South Miami Administrator or the designee of such City Administrator. The primary responsibilities of the City Administrator are to coordinate and communicate with Ashbritt and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this agreement, as set forth herein. In the administration of this Agreement, as contrasted with the matters of policy, all parties may rely on instructions or determinations made by the City Administrator; provided, however, that such instructions and determinations do not change the scope of Services. 1.4 City Attorney - The chief legal counsel for City who directs and supervise the office of the City Attorney. 1.5 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Ashbritt shall perform all work identified in this agreement and "Exhibit A" and "Exhibit D ". The parties agree that the scope of services is a description of Ashbritt's obligations and responsibilities and is deemed to include preliminary consideration and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Ashbritt impractical, illogical, or unconscionable. This agreement does not establish exclusive rights on the part of Ashbritt and the City may at its option retain additional contractors to assist in disaster recovery efforts. 2.2 Ashbritt acknowledges and agrees that the City Administrator has no authority to make changes that would increase, decrease, or otherwise modify the scope of services to be provided under this agreement. 2.3 All work will be described by a work authorization form that will be signed by the City administrator and shall describe the extent and limits of each task. No work shall be compensated that is not in accordance with an approved work authorization. The prescribed work authorization form is attached as "Exhibit P. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this agreement shall begin on the date it,is fully executed by both parties and shall end on December 31, 2002; provided, however, if the term of this agreement extends beyond a single fiscal year of City, the continuation of this agreement beyond the end of any fiscal year shall be subject to the availability of funds from the City in accordance with Chapter 129, Florida Statues. 3.2 Time shall be deemed of the essence in performing the duties, obligations, and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 City agrees to pay Ashbritt, in the manner specified in Section 4.2, for work actually performed and completed pursuant to this agreement and as detailed in an approved work authorization, which amount shall be accepted by Ashbritt as full compensation for all such work. It is acknowledged and agreed by Ashbritt that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Ashbritt for its services related to this agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Ashbritt's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Ashbritt is only eligible for compensation for specifically approved and successfully completed work authorizations. No amount shall be paid to Ashbritt to reimburse its expenses. Work authorization costs connected to Exhibits "A" and "D" shall be payable based on a standard of reasonableness, but in no circumstance shall City be liable to Ashbritt for costs that exceed reasonable costs as determined by the Federal Emergency Management Agency (FEMA). Ashbritt shall reimburse costs paid by City to Ashbritt at rates that are determined by FEMA as not reasonable to City. 4.2 Method of Billing and Payment 4.2.1 Ashbritt may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this agreement expires. Invoices shall reference the specific work authorization and approval date and designate the nature of the services performed and/or the expenses incurred. Ashbritt hereby waves all rights to make claims for promptpayment that Ashbritt may accrue pursuant to the "City 4.2.2 payment Ordinance" (City of South Miami ordinance No. 89-49, as maybe amended from of South Miami Prompt Paym payment or both. time to time) and general statutory laws relating to prompt 4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold; in whole or in part, payment to the extent necessary to protect itself from loss on account of inadegount withheld shall not be subject to paeyment of nterest by resolved in a manner satisfactory to City Administrator The am he City. 4.4 Payment shall be made to Ashbritt at: Ashbritt, Inc. 1280 SW 36th Ave. Suite 102 pompano Beach, F133069 ARTICLE 5 CHANGES IN SCOPE OF SERVICES Sco e of Services must be accompanied by a written amendment, executed by the parties in accordance 5.1 Any change m p with Section 9.18 below. ARTICLE 6 INDEMNIFICATION s hereafter indemnify, hold harmless and, at City Attorney's option, defend or pay for an attorney 6.1 Ashbritt shall at all time selected by the City Attorney to defend City, its officers, agents, servant, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Ashbritt, its employees, agents, servants, n oan cand all claims, demands, or from, es of action of any subject matter of this Agreement including, without limitation, y person or property. The provisions of this section nature whatsoever resulting from injuries or damages sustained by any shall survive the expiration or earlier termination of riff under thistagreement maybe retain d by the City until all of Administrator and City Attorney, any sums due As City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City. ARTICLE 7 INSURANCE for, and 7.1 In order to insure the indemnification obligation term of this agreement (unless otherwise provided), he insurance coverage's as maintain in force at all times during th set force in Sections 7.3, 7.4, and 7.5, in accordance with the terms and conditions required by this article. Each Insurance policy shall clearly identify the foregoing indemnification as insured 2 Such olicy or policies shall be without any deductible amount and shall be issued by approved companies authorized to 7 p do business in the state of Florida, and having agents upon and the City of South Miami Board of commissioners c by naming in City of South Miami, Florida. Ashbritt shall specifically protect City City and the City of South Miami Board of commissioners as additional insured under the Comprehensive General Liability policy only. insurance. A Comprehensive General Liability insurance Policy shall be provided 7.3 Comprehensive General Liability ' which shall contain minimum limits of Five Hundred Thousand Dollars ($5 limit Oafforded on a form no more restrictive limit for bodily injury liability and property damage liability. 3 than the latest edition of Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and for operations Independent Contractors Products and/or Completed Operations for contracts Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for bodily injure liability and Property damage liability. 7.4 Business Automobile Liability. Business Automobile liability with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned Vehicles Hired and Non -owned Vehicles Employers' Non - Ownership 7.5 Worker's Compensation Insurance. Worker's compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the US Longshoremen `& Harbor Workers Act and Jones Act. 7.6 Ashbritt shall furnish to the City Administrator Certificates of Insurance or endorsements evidencing the insurance coverage's specified by this Article prior to beginning performance of work under this agreement. 7.7 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of Ashbritt is completed. All policies must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. If any of the insurance coverage's will expire prior to the completion of work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 8 TERMINATION 8.1 This agreement may be terminated for cause by action of the Board or by Ashbritt if the party in breach has not corrected the breach within ten (100 calendar days after written notice from the aggrieved party identifying the breach, or for convenience by action of Board upon not less than sixty (60) calendar days' written notice by City Administrator. This Agreement may also be terminated by City Administrator upon such notice, as City Administrator deems appropriate under the circumstances in the event City Administrator determines that termination is necessary to protect the public health, safety, or welfare. Failure to perform in accordance with a work authorization may, at the City's option, result in immediate termination of this agreement for cause. 8.2 Termination of this agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of City as set forth in this agreement and detailed in an approved work authorization, or multiple breach of the provisions of this Agreement not withstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "Notices" section of this agreement except that notice of termination by City Administrator which City Administrator deems necessary to protect the public health, safety, or 4 welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "Notices" section of this agreement. 8.4 In the event this agreement is terminated for convenience, Ashbritt shall be paid for any services performed to date the d of City's election on being notifieon to terminate, Ashbritt shall refrain from Agreement is terminated; however, up g perform further services or incurring additional expenses under the terms of this City, thadequacy of which s hereby on to be paid by and agrees that one hundred dol($100-00) of consideration h o e a to iAshbritt for City's right to terminate this agreement for acknowledged by Ashbritt, is given specific convenience. 8.5 In the event this agreement is terminated; any compensation payable by the City shall be withheld until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 9 MISCELLANEOUS of Documents -Any and all reports, photographs, surveys and other data and documents provided or created 9.1 Ownership ro erty p p of City. In the event of termination of this in connection with this agreement are and shall remain the agreement; any reports, photographs, surveys, and other data and documents prepared by Ashbritt, whether finished or unfinished, shall become the property of City and shall be delivered by Ashbritt to the City Administrator within seven (7) days of termination of this agreement by either party. Any compensation due to Ashbritt shall be withheld until all documents,are received as provided herein. Audit. Right and Retention of Records -City shall have the assignable rightritt shall keep such bopoks trecords. and 9.2 boo g books, records, and accounts of Ashbritt order totreco d complete and s orrecttentries related to the project accounts as maybe necessary City, all financial records, Ashbritt shall preserve and make available, at reasonable ocu examination pertinent to this Agreement for the required retention supporting documents, statistical records, and any other documents p period of the Florida Public Records Act (chapter 119, Flae�inati if applicable, hi or if the Florida and Public has Record initiated and not applicable, for a minimum period of three years after and audit findings have not been resolved at findings. merit esolut on of the a three 1 d tt If the Florida Public Receords Act is books, records, and accounts shall be retained u determined by City to be applicable to Ashbritt's records, Ashbritt shall comply with all requirements thereof; however, no confidentiality or non - disclosure requirement of either federal s shall be a basis or Ciitty's disallowance wane and recovery incomplete or incorrect entry in such books, records, and account of any payment upon such entry. 9.3 Nondiscrimination, Equal Employment opportunity, and activities on in Ds u eioriexpenditure of funds in not operations . unlawfully discriminate against any person in is fulfilling its obligations under this agreement. o rbe of hroviding any services d by the City, including Titles I and Americans with disabilities Act (ADA) m the p and all applicable regulations, guidelines and II of the ADA (regarding nondiscrimination on the basis of disability , Pp against disabled standards. In addition, Ashbritt shall take affirmative steps to ensure nondiscrimination in employment dm on transfer, persons. Such actions shall include, but not be limited to, the following: employment, upgr g, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. Ashbritt's decisions regarding the delivery of services under this ion (City of South Miami Code, Chapter 16 1/2), consideration of race, age, religion, color, gender, sexual orientat ( Y national origin, marital status, physical or mental disability, political affiliation; or any other factor which cannot be lawfully used as a basis for service delivery. Ashbritt shall not engage in or commit any discriminatory practice in violation at of ices pity of Sou this agreement. Human Rights Act (City of South Miami Code--------------) in performing Y 9.4 Public Entity Crime - Ashbritt represents that the execution of this agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statues), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty six months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Ashbritt further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statures, as a "public entity crime" and that it has not been formally charged with committing and act defined as a "public entity crime" regardless of the amount of money involved or whether Ashbritt has been placed on the convicted vendor list. 9.5 Independent contractor - Ashbritt is an independent contractor under this Agreement. Services provided by Ashbritt pursuant to this agreement shall be subject to the supervision of Ashbritt. In providing such services, neither Ashbritt nor its agents shall act as officers, employees, or agents of the City. This agreement shall not constitute or make the parties a partnership or joint venture. 9.6 Prevailing wage requirement- If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, or undertaken by, Ashbritt as a result of this agreement, City of South Miami Ordinance No. as may be amended from time to time, shall be deemed to apply to such construction work; and further Ashbritt shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete the requirements set forth in Exhibits B and C. 9.7 Third Party Beneficiaries- Neither Ashbritt nor City intend to directly or substantially benefit a third party Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement.. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.8 Notices- Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery with a request for a written receipt of acknowledgement of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City of South Miami: For Ashbritt: Mr. Randall Perkins, Vice President Ashbritt, Inc. 1280 SW 36 Avenue Suite 102 Pompano Beach, FL 33069 9.9 Assignment and Performance- Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. ` In addition, Ashbritt shall not assign any portion of the work required by this Agreement. It is envisioned that substantial sub contracting will take place on the part of Ashbritt in order to accomplish approved work authorizations. Ashbritt will provide an updated list of subcontractors on a daily basis to the City Project Manager. 6 Ashbritt represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and approved work authorization services to City's satisfaction for the agreed compensation. Ashbritt shall perform its duties, obligations, and services under this Agreement in a skillful and respectful manner. The quality of Ashbritt's performance and all interim and finalproduct(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.10 Conflicts- Neither Ashbritt nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Ashbritt's loyal and conscientious exercise of judgment related to its performance under this Agreement. Ashbritt agrees that none of its officers or employees shall, during the term of this Agreement, se :.-ve as an expert witness against City in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, Ashbritt agrees that such persons shall not give sworn testimony or issue a report of writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of the City in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude Ashbritt or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event Ashbritt is permitted to utilize subcontractors to perform any services required by this Agreement, Ashbritt agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 9.11 Contingency Fee- Ashbritt warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Ashbritt, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Ashbritt, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, City shall have the right to terminate this Agreement without liability at this discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 9.12 City and Ashbritt agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 Compliance with Laws- Ashbritt shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 Severance- In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid; the remaining provisions shall continue to be effective unless City or Ashbritt elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9.15 Joint Preparation- The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be constructed more severely against one of the parties than the other. 9.16 Priority Of Provisions- If there is a conflict or inconsistency between any term; statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, requirement, or provision of this Agreement the term statement requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.17 Applicable Law and Venue- This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out if this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth judicial Circuit of City of South Miami, Florida. By entering into this Agreement, Ashbritt and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. 9.18 Amendments- No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Ashbritt. 9.19 Prior Agreements- This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 9.18 above. 9.20 Incorporation by Reference- The attached exhibits A, B, C, D, and E are incorporated into and made a part of this Agreement. 9.21 Multiple Originals- This Agreement may be fully executed in three (3) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF; the parties hereto have made and executed this agreement: CITY OF SOUTH MIAMI through its BOARD OF CITY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of , 2001, and ASHBRITT, signing by and through its President, duly authorized to execute same. AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND ASHBRITT, INC. FOR DISASTER RECOVERY SERVICES CITY ATTEST: City of South Miami By By CITY OF SOUTH MIAMI, by and through its Board of City Commissioners Chair day of , Approved as to form by AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND ASHBRITT, INC., FOR DISASTER RECOVERY SERVICES ASHBRITT ASHBRITT, INC. WITNESSES: By Saily Perkins, President day of , 2001. 9 EXHIBIT A Debris Management. ASHBRITT shall remove all hazards to life and property resulting from the disaster. Clean - up, demolition, and removal shall be work authorization approved by the CITY Project Manager by individual work authorizations. Clean -up, demolition, and removal shall be limited to eligible debris. Eligible debris is that which after its clean -up, demolition, and removal: 1) eliminates immediate threats to life, public health, and safety; 2) eliminates threats of significant damage to improved public or private property; and 3) is essential by its absence of ensuring economic recovery. Scope of Services shall include items such as emergency road clearance, debris removal from public rights -of -way, removal of hazardous stumps, leaning trees /limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement, and sand screening, etc. 2. Technical, Disaster Recovery Assistance. ASHBRITT shall provide disaster recovery technical assistance to elected and appointed officials of CITY government. This assistance shall include documentation and management for the public assistance program, planning, training, and exercise development, as well as attendance at the City of South Miami Emergency Operations Center (EOC) during activation of the EOC for exercise and actual emergency events as requested by the City Administrator. 3. Temporary Satellite Communications. ASHBRITT shall provide Temporary Satellite Communications equipment and "on- air" talk time to the CITY to facilitate emergency communications within the CITY and with outside agencies because of the loss of communications capability. Specifically, ASHBRITT shall provide the satellite communications equipment and space time as listed in the work authorizations and the notice to proceed. 4. Emergency Power Generators. ASHBRITT shall provide Temporary Emergency Power Generators to CITY to supply temporary electricity to critical facilities because of power failures. Specifically, ASHBRITT shall provide the power, generation equipment to the capacity and quantity as listed in the work authorizations and the notice to proceed. 5. Emergency Delivery of Ice. ASHBRITT shall provide an Emergency Supply of Ice to CITY to facilitate food storage and other life sustaining measures. Specifically, ASHBRITT shall provide the ice within the specifications and quantities as listed in the work authorizations and the notice to proceed_ 6. Emergency Delivery of Potable Water. ASHBRITT shall provide an Emergency Supply of Potable Water to CITY to facilitate a safe supply of water for human consumption, cooking of food, and other life sustaining measures. Specifically, ASHBRITT shall provide the potable water within the specifications and quantities as listed in the work authorizations and the notice to proceed. 7. Emergency Eguigment Rental, Labor, Materials and Supplies. ASHBRITT shall provide Emergency Rental of Light, Medium, and Heavy Equipment; Trucks and other Vehicles; Labor; Materials; and Supplies as requested by CITY. Specifically, ASHBRITT shall provide the rental' of light, medium, and 'heavy equipment; trucks and other vehicles; labor; materials; and supplies as listed in the work authorizations and the notice to proceed. 8. Logistical Staging Areas. ASHBRITT shall provide for the operation and management of Logistical Staging Areas to facilitate disaster recovery operations. Specifically, ASHBRITT shall provide for the supplies and labor for the operations and management needed to establish and operate. Logistical Staging Areas within the specifications and ;quantities as listed in the work authorizations and the notice to proceed. 9. Services and Facilities. ASHBRITT shall provide and pay for all labor, tools, equipment, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the services within the term specified in the work authorization. All work authorizations involving a time and materials portion of this Agreement shall have a not -to- exceed amount placed within them. 10. Permits and Licenses. ASHBRITT shall obtain, with the assistance of CITY, Permits and Licenses of a temporary nature necessary for the prosecution of Services. ASHBRITT shall not be responsible to obtain permits or licenses; where the requirement for which has or will be waived because of a declaration of emergency or disaster. 10- 11. Supervision by ASHBRITT. Under the general oversight of the CITY, ASHBRITT shall supervise and direct all work, workers, and equipment. ASHBRITT is solely responsible for the means, methods, techniques, sequences, safety program, and procedures utilized. ASHBRITT shall employ and maintain on the work site a qualified supervisor(s) who shall have full authority to act on behalf of ASHBRITT, and all communications given to the supervisor in writing by the CITY'S Authorized Representative shall be as binding as if given to ASHBRITT.. 12. Other Related Work. ASHBRITT shall perform other related work as directed by the City Administrator. 11- Contract No. EXHIBIT C STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE) Project Title The undersigned ASHBRITT hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of South Miami and the applicable conditions of this Agreement. No. Dated , ASHBRITT (Signature) By (Name and Title) STATE OF ) SS. CITY OF ) The foregoing instrument was acknowledged before me this day of by who is personally known to me or who has produced as identification and who did /did not take an oath. WITNESS my hand and official seal, this day of , (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) (Serial number, if any) My commission expires: 14- Exhibit D Disaster Recovery Services RLI # 08100 -00 -RB All prices noted in this attachment are considered a baseline estimate. Actual prices that will be charged will be justified at the time a work authorization is approved. All costs must be based upon reasonable expenses for labor, equipment, material, and overhead/profit. Under no circumstances will costs that exceed reimbursable limits acceptable to the Federal Emergency Management Agency (FEMA) be proposed or approved in a work authorization. Emergency Road Clearance AshBritt shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by City of South Miami. The debris shall be stacked on the right -of- way to allow passage of vehicles along the primary transportation routes. Compensation per attached hourly rate schedule. Debris Removal from Public Ri t -of -Way As directed by City of South Miami, AshBritt shall load and haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS) or other disposal destination. 0 to 15 miles $12.75 per cubic yard 16 to 30 miles $15.75 per cubic yard Debris Separation/Reduction and TDSRS Management AshBritt shall operate and manage the TDSRS to accept and process all event debris. AshBritt shall perform any site preparation, to include but not limited to: (1) building and/or maintaining roads; (2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; (3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous materials containment area, and /or water retention berms. All debris will be processed in accordance with all local, state and federal rules, standards and regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction all debris will be segregated between vegetative debris, C &D, recyclable debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be restored to its Pre -Use Condition. Operation of TDDRS $6.75 per cubic yard 15- y Hazardous Stumps AshBritt shall remove hazardous stumps as identified and directed by City of South Miami - Stump removal shall include backfilling the void with appropriate fill material and hauling the stump to the TD Stumps up to 6 inches in diameter $ 125.00 Stumps greater than 12 inches, less than 24 inches $ 250.00 Stumps greater than 24 inches, less than 48 inches $ 500.00 Stumps equal to or greater than 48 inches $1250.00 Sand Screeninu As directed by City of South Miami, AshBritt shall screen sand to remove all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located on the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location. Debris removed from the sand will be collected, hauled, and processed as ROW debris. Sand Screening 1 $12.00 per cubic yard Final Disposal AshBritt shall load and transport processed debris to from the TDSRS to a final disposal site as directed by City of South Miami. 0 to 15 miles $7.00 per cubic yard 15 to 30 miles $8.50 per cubic yard Technical Assistance AshBritt shall provide disaster recovery technical assistance to elected and appointed officials of City of South Miami. This service shall include documentation and management for the public assistance program, planning, training, and exercise development. Service provided at no additional charge Permits and Licensing AshBritt shall obtain, with the assistance of City of South Miami, permits and licenses of a temporary nature necessary for the execution of the scope of services. Service provided at no additional charge 16- AshBritt shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and City of South Miami. Service provided at no additional charge Temporary Satellite Communications AshBritt shall provide temporary satellite communications equipment and service as directed by City of South Miami to facilitate emergency communications within City of South Miami and with state and federal agencies supporting City of South Miami's recovery effort. Satellite Communications provided at actual equipment lease and airtime cost plus 15% Emergency Delivery of Ice As directed by City of South Miami, AshBritt shall provide an emergency supply of ice to facilitate food storage and other life sustaining measures. Ice is delivered by refrigerated trucks in 40,000 lb increments, with 20 pallets of bagged ice to each delivery. Emergency Ice $0.31 per pound* Additional Charge for storage Additional Charge for final distribution Additional Charge for standby (waiting to unload) past 4 hours Emergency Delivery of Potable Water As directed by City of South Miami, AshBritt shall provide an emergency supply of water to facilitate a safe water supply for human consumption, cooking of food, and other life sustaining measures. Water is delivered by truck with 20 pallets per trailer. Emergency Water $1.90 per gallon* $0.15 per gallon to unload Additional Charge for storage Additional Charge for final distribution Additional Charge for standby (waiting to unload) past 4 hours 17- Emergency Power Generators As directed by City of South Miami, AshBritt has the capability to provide emergency power generators to supply temporary electricity to critical City facilities. Prior to establishing pricing for temporary generators it is necessary to collect technical information regarding the potential type and use of power at each facility indicated by the City. It is also necessary to determine the City's needs for technicians and the availability of emergency fuel supply. Unlike other emergency commodities power generators must be tailored to the specific need. Emergency Power Generators Price TBD Demolition of Structures, Debris Removal from Private Property (ROE) As directed by City of South Miami, AshBritt shall demolish unsafe structures and remove debris that has been determined by the City to be a threat to the health and safety of the public. Examples of enabling elected body resolutions and other necessary documentation for the right -of -entry (ROE) process are provided by the technical assistance experts working with AshBritt and City of South Miami. Debris generated through the ROE program will be placed on the right -of -way and collected as part of the ROW debris program. Compensation per attached hourly rate schedule an Hourly Equipment Schedule With Operators for Emergency Road Clearance, Leaning Trees, Hanging Limbs, and Debris Removal From Private Property (ROE) Equipment Hourl 210 Prentice Loader $140.00 Self Loading Prentice truck - 25 to 40 yard dump body $130.00 Wheel Loader, John Deere 544 or equivalent — 2 /12 to 3 yard bucket $105.00 Tandem Dump Truck —16 to 20 yards $ 75.00 Mini Loader Bobcat or equivalent $ 55.00 D6 Dozer or equivalent $115.00 Excavator, Cat 325 or equivalent w/ debris loading grapple $125.00 Wheel Loader, John Deere 644 or equivalent — 3 to 5 yard bucket $115.00 Chainsaw Operator with gear $ 35.00 Supervisor with pick -up truck $ 45.00 Safety Manager with pick -up truck $ 45.00 Mechanic's Truck with tools $ 45.00 Flagmen for traffic control $ 28.50 Trash Transfer Trailers - 110 yard with Tractor $125.00 Bucket Truck - 50 cubic yard bed $135.00 Equipment Transports $ 90.00 Clerical $ 35.00 Laborers $ 25.00 Mobilization and Demobilization A Pass Thru 19- To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr City Manager REQUEST MEMORANDUM Date: June 11, 2002 Re: Agenda Item I? World Orchid Conference A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INVITING THE WORLD ORCHID CONFERENCE AND ITS BOARD OFFICERS, AND MEMBERS TO HOLD ITS WORLD ORCHID CONFERENCE IN SOUTH FLORIDA IN 2008; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Russell, invites the World Orchid Conference, its Board officers and members to hold their World Orchid Conference in South Florida in 2008. The South Florida Orchid Society has gained the support and endorsement of the elected leadership to encourage South Florida as the site for the 2008 World Orchid Conference. Metropolitan Miami -Dade County and all its municipalities offer every aspect of element, which will guarantee a successful and beautiful convention for all their world and regional membership and their families to enjoy. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, INVITING THE WORLD 5 ORCHID CONFERENCE AND ITS BOARD OFFICERS, AND 6 MEMBERS TO HOLD ITS WORLD ORCHID CONFERENCE IN 7 SOUTH FLORIDA IN 2008; PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the World Orchid Conference holds its annual convention in 10 different geographic regions of the world; and 11 12 WHEREAS, the Site Selection Committee is reviewing potential sites for their 13 2008 convention; and 14 15 WHEREAS, Metropolitan Miami -Dade County and all its municipalities offer 16 every aspect of element which will guarantee a successful and beautiful convention for 17 all their world and regional membership and their families to enjoy; and 18 19 WHEREAS, the South Florida Orchid Society has gained the support and 20 endorsement of the elected leadership to encourage South Florida as the site for the 2008 21 World Orchid Conference. 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. That the World Orchid Conference Trustees and Site Election 27 Committee is encouraged to choose the tropical paradise of South Florida as the site of 28 their 2008 convention. 29 30 Section 2. This resolution shall take effect immediately upon approval. 31 32 PASSED AND ADOPTED this day of , 2002. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 Commission Vote: 40 READ AND APPROVED AS TO FORM: Mayor Robaina: 41 Vice Mayor Russell: 42 Commissioner Wiscombe: 43 CITY ATTORNEY Commissioner Bethel: 44 Commissioner Feliu: 45 Additions shown by underlining and deletions shown by evef k-iag. 11/01/1992 02:35 305- 821 -5228 RUSS MARCHNER ASSOCI PAGE 02/09 RESOLUTION NO. 2002-2 ,A. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI -DADE COUNTY LEAGUE OF CITIES, INC., INVITING THE WORLD ORCHID CONFERENCRE AND ITS BOARD, OFFICERS, AND MEMBERS TO HOLD ITS WORLD ORCHID CONFERENCE IN SOUTH FLORIDA IN 2008. WHEREAS, the World Orchid Conference holds its annual convention in different geographic regions of the world; and WHEREAS, the Site Selection Committee is reviewing potential sites for their 2008 convention; and WHEREAS, Metropolitan Miami -Dade County and all its municipalities offer every aspect and element which will guarantee a successful and beautiful convention for all their world and regional membership and their families to enjoy; and WHEREAS, the South Florida Orchid Society has gained the support and endorsement of the elected leadersnip to encourage youth Plonaa as the site or the ,4vvb world orchid txnference. Inc.. NOW,', THEREFORE, BE IT RESOLVED by the Board of Directors of the Miami -Dade County league of Cities, Section 1. The foregoing is true and correct. Section 2. The World Orchid Conference Trustees and Site Selection Committee choose the tropical paradise of South Florida as the site of their 2008 convention. RESOLUTION NO. 2002-2 11 /F11 /1 99? R7:35 3F15- R?1 -R ?7R R1 15S MARC:HNFR AssnC:T PAGF R3 /F19 APPROVED AND ADOPTED by the Board of Directors of the Miami -Dade County League of Cities, Inc. at regular meeting assembled this 2pd 'day of May, 2002. e 7- cr- AS TO FORM: �4ROWAR.D B.'Ll General Counsel DANIEL S. TA TLE)r F President RESOLUTION NO. 2002-2 To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr REQUEST MEMORANDUM Date: June 11, 2002 Re: Agenda Item to A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ENDORSING MIAMI -DADE COUNTY RESOLUTION ESTABLISHING A TASK FORCE WHICH WILL ADDRESS A COMPREHENSIVE INCORPORATION AND ANNEXATION POLICY AND PROCEDURE, WHICH WILL BE POTENTIALLY IMPLEMENTED BY THE YEAR 2008; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Russell endorses Miami -Dade County's Resolution establishing a task force, which would address a comprehensive incorporation and annexation policy and procedure. It is anticipated that this policy and procedure would be potentially implemented by the year 2008. Miami -Dade County Commissioner Jimmy Morales and others have proposed, and support of a uniform process to allow those areas to remain as an incorporated area, incorporate or annex. The forming for an advisory task force to recommend equitable standard policies and procedures to the County USMA Committee of the Miami Dade Board of County Commission would be most beneficial in facilitating this process in an amicable manner. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, ENDORSING MIAMI - 5 DADE COUNTY RESOLUTION ESTABLISHING A TASK FORCE 6 WHICH WILL ADDRESS A COMPREHENSIVE INCORPORATION 7 AND ANNEXATION POLICY AND PROCEDURE, WHICH WILL BE 8 POTENTIALLY IMPLEMENTED BY THE YEAR 2008; PROVIDINO 9 AN EFFECTIVE DATE. 10 11 WHEREAS, Commissioner Jimmy Morales and others have proposed and 12 support a uniform process to allow those areas to remain as an incorporated area, 13 incorporate or annex; and 14 15 WHEREAS, an advisory task force will be formed to recommend equitable 16 standard policies and procedures to the County USMA Committee of the Miami Dade 17 Board of County Commissioners; and 18 19 WHEREAS, the City of South Miami has historically encouraged thoughtful 20 incorporation and annexation through its City Commission. 21 22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 24 25 Section 1. That the Mayor and City Commission supports the creation of a 26 meaningful advisory task force, which will help, guide and recommend on issues of local 27 self- determination through annexation and incorporation. 28 29 Section 2. This resolution shall take effect immediately upon approval. 30, 31 PASSED AND ADOPTED this day of 12002. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 Commission Vote: 39 READ AND APPROVED AS TO FORM: Mayor Robaina: 40 Vice Mayor Russell: 41 Commissioner Wiscombe: 42 CITY ATTORNEY Commissioner Bethel: 43 Commissioner Feliu: 44 Additions shown by underlining and deletions shown by ever-striking. 11/01/1992 02:35 305- 821 -5228 RUSS MARCHhER ASSOCI PAGE 0d /.89 RESOLUTION NO. 2002-3 A RESOLUTION OF THE BOARD OF DIRECTORS Or THE MIAMI -DADE COUNTY LEAGUE OF CITIES, INC., ENDORSING ML4,MI -DARE COUNTY RESOLUTION ESTABLISHING A TASK FORCE WHICH WILL ADDRESS A COMPREHENSIVE INCORPORATION AND ANNEXATION POLICY AND PROCEDURE, WHICH WILL BE POTENTIALLY IMPLEMENTED BY THE YEAR 2008. WHEREAS, Commissioner Jimmy Morales and others have proposed and support a uniform process to allow those areas to remain as an incorporated area, incorporate or annex; and VMREAS, an advisory task force will be formed to recommend equitable standard policies and procedures to the County USMA Committee of the Miami Dade Board of County Commissioners; and WHEREAS, the Miami -Dade League of Cities has historically encouraged thoughtful incorporation and annexation through its Executive Committee and Board of Directors. Inc.: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Miami -Dade County League of Cities, Section 1. The foregoing is true and correct. Section 2. The Board of Directors of the Miami -Dade League of Cities support the creation of a meaningful advisory task force, which will help, guide and recommend on issues of local self- determination through annexation and incorporation. RESOLUTION NO. 2002-3 11/01/1992 02:35 305- 821 -5228 RUSS MARCHNER ASSOCI PAGE 05/09 APPROVED AND ADOPTED by the Board of Directors of the Miami -Dade County League of Cities, Inc. at regular meeting assembled this 2nd day of May, 2002. ATTEST. JAY P,. f'ifERNbff Secr DANIEL k t ANTLEFI~ President RESOLUTION NO. 2002-3 sour Al U INCORPORATED 1927 C o RIV Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: June 11, 2002 and City Commission From: Charles Scurf Re: Agenda Item City Manager Support Clay Ford for 2nd VP of FL League of Cities, Inc. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE CANDIDACY OF MAYOR PRO TEM CLAY FORD OF THE CITY OF GULF BREEZE FOR THE OFFICE OF SECOND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES, INC.; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Russell, supports the candidacy of Mayor Pro Tem Clay Ford for the office of Second Vice President of the Florida League of Cities, Inc. Mayor Pro Tem Clay Ford has announced that he is a candidate for the office of Second Vice President of the Florida League of Cities. Mayor Pro Tem Clay Ford is a Board member and the immediate past President of the Northwest Florida League of Cities, as well as a member of the Steering Committee, and Policy Committee of the National League of Cities. His experience as a member of the Florida League of Cities Board of Directors, as well as membership of the FLC Executive Committee, Intergovernment Relations Committee, Federal Action Strike Team Committee, International Relations Committee, and Advocacy Committee, will be valuable in establishing himself as the Second Vice President of the Florida League of Cities. Mayor Pro Tem Clay Ford is an outstanding public official known for his innovation, professionalism and dedication to his City, his constituents, and the organizations he leads. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE 5 CANDIDACY OF MAYOR PRO TEM CLAY FORD OF THE CITY 6 OF GULF BREEZE FOR THE OFFICE OF SECOND VICE 7 PRESIDENT OF THE FLORIDA LEAGUE OF CITIES, INC.; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the South Miami City Commission recognizes 11 Clay Ford's contribution to local government as an elected 12 official serving on the City of Gulf Breeze Council over 13 the last twelve years, and presently serving as its Mayor 14 Pro Tem; and 15 16 WHEREAS, Mayor Pro Tem Clay Ford is a Board member and 17 the immediate past President of the Northwest Florida 18 League of Cities, as well as a member of the Steering 19 Committee, and Policy Committee of the National League of 20 Cities; and 21 22 WHEREAS, his experience as a member of the Florida 23 League of Cities Board of Directors, as well as membership '24 `of the FLC Executive Committee, Intergovernment Relations 25 Committee, Federal Action Strike Team Committee, 26 International Relations Committee, and Advocacy Committee, 27 will be valuable in establishing himself as the Second Vice 28 President of the Florida League of Cities; and 29 30 WHEREAS, Mayor Pro Tem Clay Ford is an outstanding 31 public official known for his innovation, professionalism 32 and dedication to his city, his constituents, and the 33 organizations he leads; and 34 35 WHEREAS, Mayor Pro Tem Clay Ford has announced that he 36 is a candidate for the office of Second Vice President of 37 the Florida League of Cities and the members of the City of 38 South Miami strongly supports his candidacy. 39 40 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 42 43 Section 1. That the Mayor and City Commission 44 strongly endorses the candidacy of Mayor Pro Tem Clay Ford 45 for the office of Second Vice President of the Florida 46 League of Cities. 47 Additions shown by underlining and deletions shown by skin . 1 Section 2. The City Clerk is hereby directed to 2 deliver a copy of this Resolution to the members of the 3 Florida League of Cities' Nominating Committee, to the 4 members of the Florida League of Cities Board of Directors, 5 to the regional and local League contacts and to such other 6 persons who may have an interest in this matter. 7 8 Section 2. This resolution shall take effect 9 immediately upon approval. 10 11 12 PASSED AND ADOPTED this day of , 2002. 13 14 ATTEST: APPROVED: 15 16 17 CITY CLERK MAYOR 18 19 Commission Vote: 20 READ AND'APPROVED AS TO FORM: Mayor Robaina: 21 Vice Mayor Russell: 22 Commissioner Wiscombe: 23 CITY ATTORNEY Commissioner Bethel: 24 Commissioner Feliu: 25 Page 2 of 2 11/01/1992 02:35 305- 821 -5228 RUSS MARCHNER ASSOCI PAGE 06/09 RESOLUTION NO. 2002 -4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI -�DADE COUNTY LEAGUE OF CITIES, INC. SUPPORTING THE CANDIDACY OF MAYOR PRO TEM CLAY FORD OF THE CITY OF GULF BREEZE FOR THE OFFICE OF SECOND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES, INC. WHEREAS, the Board of Dimulurs uf thr. Mituui -Dade County League of Cities, Inc. recognizes Clay Ford's contribution to local govermnent as an elected official serving on the City of Gulf Breeze Council over the last twelve years, and presently serving as its Mayor Pro Tem; and WHEREAS, Mayor Pro Tem Clay Ford is a Board member and the immediate past - President of the Northwest Florida League of Cities, as well as a member of the Steering Committee, and Policy Committee of the National League of Cities; and WHEREAS, his experience as a member of the Florida League of Cities Board of Directors, as well as membership of the FLC Executive Committee, Intergovernment Relations Committee, Federal Action Strike Team Committee, International Relations Committee, and Advocacy Committee, will be valuable in establishing himself as the Second Vice President of the .Florida League of Cities; and WHEREAS, Mayon Pro Tem Clay Ford is an outstanding public official known for his innovation, professionalism and dedication to his city, his constituents, and the organizations he leads; and WHEREAS, Mayor Pro Tem Clay Ford has announced that he is a candidate for the office of Second Vice President of the Florida League of Cities and the members of the Miami -Dade County League of Cities strongly supports his candidacy. NOW, THEREFORE, RESOLUTION NO. 2002-4 11/01/1992 02:35 305 - 821 -5228 RUSS MARCHNER ASSOCI PAGE 07/09 BE IT RESO)LVEI) by the Board of Directors of the Miami -Dade County League of Cities, Inc. that: Section 1. The Miami -Dade County League of Cities strongly endorses the candidacy of Mayor Pro Tern Clay Ford for the office of Second Vice President of the Florida League of Cities. Section 2. This Resolution be delivered to the members of the Florida League of Cities' Nominating Committee, to the members of The Florida League of Cities Board of Directors, to the regional and local League contacts and to such other persons who may have an interest in this matter. APPROVED AND ADOPTED by the Board of Directors of the Miami -Dade County League of Cities, Inc. at regular meeting assembled this 2nd day of May, 2001 A •rrn e'r. DANIEL S. TA&hEFF President RESOLUTION NO. 2002-4 MEMORANDUM To: Honorable Mayor, Vice Mayor Date: June 11, 2002 and City Commission From: Charles Scurr Re: Agenda Item 141 City Manager Endorsing Concept of Regional Trauma Coordination REQUEST J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ENDORSING THE CONCEPT OF REGIONAL TRAUMA COORDINATION; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Russell, endorses the concept of a regional trauma coordination. The Florida legislature has provided for the establishment of a statewide network of trauma agencies. This legislature has provided for the creation of regional trauma agencies to further the administrative coordination of trauma systems. Miami -Dade County is considering funding this agency through general uniform ad- valorem taxes for delivery of a countywide regional trauma function. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ENDORSING THE CONCEPT OF REGIONAL TRAUMA COORDINATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the legislature has provided for the establishment of a statewide network of trauma agencies; and WHEREAS, this legislature has provided for the creation of regional trauma agencies to further the administrative coordination of trauma systems; and WHEREAS, Miami -Dade County is considering funding this agency through general uniform ad- valorem taxes for delivery of a countywide regional trauma function; and WHEREAS, if these services are best delivered through a coordinated regionalized agency and the county wishes to consider any and all proposals including the Health Council of South Florida, Inc. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That Miami -Dade County considers this regionalized trauma coordination function by designating a local trauma agency with proposals such as the Health Council of South Florida, Inc. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2002. APPROVED: ♦I. e Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: Additions shown by underlining and deletions shown by overik-ing. 9 11/01/1992 02:35 305 - 821 -5228 RUSS MARCHNER ASSOCI PAGE 08/09 RESOLUTION NO. 2002 -5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI -DADE COUNTY LEAGUE OF CITIES, INC., ENDORSING THE CONCEPT OF REGIONAL TRAUMA COORDINATION. WHEREAS, the legislature has provided for the establishment of a statewide network of trauma agencies; and WHEREAS, this legislature has provided for the creation of regional trauma agencies to further the administrative coordination of trauma systems; and WHEREAS, Miami -Dade County is considering funding this agency through general uniform ad- valorem taxes for delivery of a countywide regional trauma function; and WHEREAS, if these services are best delivered through a coordinated regionalized agency and the county wishes to consider any and all proposals including the Health Council of South Florida, Inc. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Miami -Dade County League of Cities, Inc. that:, Section I. The foregoing is true and correct. Section 2. The county considers this regionalized trauma _coordination function by designating a local trauma agency with proposals such as the Health Council of South Florida, Inc. APPROVED AND ,ADOPTED by the Board of Directors of the Miami -Dade County RESOLUTION NO. 2002-5 11/01/1992 02:35 305- 821 -5228 RUSS MARCHNER ASSOCI PAGE 09/09 League of Cities, Inc. at regular meeting assembled this 2nd day of May 2002. ATTEST: JAY CHEI OFF ANIE S. ANTLEFF Se etary President General Counsel RESOLUTION NO. 2002-5 MEMORANDUM To: Honorable Mayor, Vice Mayor Date: June 11, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Appointing Poll Workers for Special Election — June 18, 2002 REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S SPECIAL ELECTION BEING HELD TUESDAY,, JUNE 18, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $3,000.00 WILL BE CHARGED TO ACCOUNT NO. 01 -1200- 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution appoints sufficient personnel to staff the City of South Miami Special Election scheduled for Tuesday, June 18, 2002. The Miami Dade County Supervisor of Elections certified a petition to amend the Charter for the City of South Miami on January 11, 2002. Pursuant to Resolution NO. 54- 02- 11404, a Special Election has been scheduled for June 18, 2002, in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. In order to conduct this Special Election the Commission must appoint sufficient personnel to staff the polling place from 6 :00 a.m., until the completion of their task. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S SPECIAL ELECTION BEING HELD TUESDAY, JUNE 18, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $3,000.00 WILL BE CHARGED TO ACCOUNT NO. 01- 1200 - 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Dade County Supervisor of Elections certified a petition to amend the Charter for the City of South Miami on January 11, 2002; and WHEREAS, Pursuant to Resolution NO. 54- 02- 11404, a Special Election has been scheduled for June 18, 2002, in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida; and WHEREAS, to conduct this - election the Commission must appoint sufficient personnel to staff the polling place from 6:00 a.m., until the completion of their task. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints sufficient personnel to staff the polling place from 6:00 a.m. until the completion of their assigned task. Section 2. Disbursement in an amount not to exceed $3,000.00 will be charged to account No. 01- 1200 -512 -4920 entitled "Election." Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: E • COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: , 2002. Letferhead Taylor, Ronetta Page 1 of 2 From: Acosta- Thatcher, Alicia (Elections) [soeaat@miamidade.gov] Sent: Wednesday, June 05, 2002 1:11 PM To: MUN -AV- Teresa Soroka, CIVIC; MUN -131I- Marlene Marante; MUN -BH- Jeanette Horton, CIVIC; MUN -BP- Carmen Spelorzi; MUN -CG -Jason Plemmons; MUN -EP- Regina Russell; MUN -FC- Sheila Paul; MUN -GB- Rosemary Wascura; MUN -HG -Maria Joffee; MUN -H1 -Dan DeLoach; MUN -HO- Sharon Auxier, CIVIC; MUN =IC- Melissa Garciga, CIVIC; MUN -1S -Will Murphy; MUN -KB- Conchita Alvarez; MUN- MB- Liliam Hatfield; MUN -MB -Robert Parcher; MUN- ME- Herlina Taboada; MUN -MI- Anna Medina; MUN -MI- Sylvia Scheider; MUN -ML -Betty Arguelles; MUN -MSH- Barbara Fugazzi; MUN -MS- Magali Vals, CIVIC; MUN -NM -Lee Feldman; MUN -NV- Meighan Pier; MUN -OP- Deborah Irby; MUN -PC -Guido Inguanzo, CIVIC; MUN -SI- Richard Brown - Morilla; MUN- SM- Ronetta Taylor, CIVIC; MUN -SS -David Forestier; MUN -SW -Val Schmidt; MUN -VG- Maritza Fernandez; MUN -WM- Felix Diaz Subject: Pollworker Salaries - 2002 M I A M 1-DADE E L e c i 1 o H s OFFICE OF THE SUPERVISOR OF ELECTIONS SOEaat @miamidade.gov TO: MUNICIPAL CLERKS Da4_a c. JG FROM: David C. Leahy Supervisor of Elections DATE: June 5, 2002 SUBJECT: POLLWORKER PAY On May 21, 2002, the Board of County Commissioners adopted Resolution R- 526 -02 increasing the salaries of election workers effective June 1, 2002. The new rates are as follows: Election Board: Clerk — $133.90 + Mileage 29¢ /mi. Assistant Clerk - $103.00 Inspector - $87.55 Deputy Sheriff - $87.55 Standby — $15.45 Election Support: Troubleshooter - $133.90 Verification Specialist $123.60 Tot Honorable Mayor, Vice Mayor & City Commission From: Charles Scurr City Manager Date: June 11, 2002 ITEM No. I RE: LDC Amendment Permitted Use in GR District Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH_ MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERASILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. I SUMMARY OF REQUEST The applicant, Enterprise Leasing Co., Inc. is requesting the City to amend the Permitted Use Schedule of the Land Development Code to include "automobile rental agency" as a permitted use in the "GR", General Retail Use District. The application package submitted refers to the specific address of 6394 South Dixie Highway that the company wishes to locate an automobile rental agency. The location is within a "GR" zoning use district. It is important to note that the submitted application is a general text amendment to the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in GR zoning use districts. STAFF OBSERVATIONS (1) The uses allowed in the GR district are included in the Permitted Use Schedule (Section 20- 3.3(D) which is a listing of what uses are permitted in each of the City's 26 zoning use districts. There are currently over 70 separate commercial (permitted and special) uses allowed in the GR zoning use district. (see Attachment Commercial Uses Permitted in GR.) (2) At present automobile rental agencies are only permitted as a special use in the TODD (LI -4) zoning use district. This district permits a number of industrial uses and automobile repair and service establishments. In October of 2001, the Land Development Code was amended to permit 'a number of automobile related uses in the TODD (LI -4) District. LDC Amendment Permitted Use June 11, 2002 (2) (3) During the past year the City's Permitted Use Schedule was comprehensively reviewed by the Zoning Task Force, which recommended a number of changes to the types of uses permitted in each zoning district. The Task Force's revised Permitted Use Schedule proposes that automobile rental agencies be allowed as conditional permitted uses in the current SR (Hometown), GR, TODD (LI -4) zoning districts, as well as a new Mixed Use zoning district. The new "conditional "category would mean the use is permitted as a matter of right as long as certain pre- determined requirements are met. Although the Task Force's final work product will not be completed until next month, the specific recommendation on this issue should be considered in responding to this application. (4) The City's "GR General Retail District covers property located on heavily traveled major arteries (S. Dixie Highway, Bird Road). These districts currently have a number of non- conforming auto related repair and service establishments; which although needed and convenient, should not be allowed in a retail oriented district. The automobile rental agency, however, is primarily a retail service and, subject to certain restrictions, would be an appropriate use in the GR district. The conditions proposed below related to traffic," screening, parking, and prohibiting certain activities would limit the impact of the rental agency on adjacent properties and businesses. PLANNING BOARD ACTION The Planning Board at its May 28, 2002 meeting recommended approval of the application with the following modification: that the applicant's request to allow the automobile rental agency as a Permitted Use be changed to Special Use. The Board felt that the Special Use category would allow for maximum discretionary review. (public hearing required). In addition, the Board recommended that five (5) conditions should be applicable to a special use request for an automobile rental agency. These conditions are set forth below. The motion to approve was made by Ms. Yates and seconded by Mr.11las. The motion was adopted by a vote of 4 ayes and 1 nay (Mr. Mann). SPECIFIC LDC AMENDMENTS In order to accomplish what is being recommended by the Planning Board, two separate sections the of the Land Development Code must be amended. Amendment A revises the Permitted Use Schedule to allow an automobile rental agency as a special use in the GR District. Amendment B revises the Code section containing special use requirements by adding special requirements which an automobile rental agency must adhere to. AMENDMENT A Section 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Automobile Rental Agency S S 22 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (Note; New wording in bold underlined) ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O 0 0 0 O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Automobile Rental Agency S S 22 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (Note; New wording in bold underlined) LDC Amendment Permitted Use June 11 2002 3 AMENDMENT B 20 -3.4 Special use conditions. (B) Special Requirements. 22) AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use. (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. (c) When adjacent to a residential district, a masonry or concrete wall of between six (6) and eight (8) feet in height shall be constructed along dividing property lines. (d) Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (e) Maintenance, mechanical repair or washing of cars on site is prohibited. RECOMMENDATION: The Administration concurs with the recommendation of the Planning Board that an automobile rental agency be allowed as a Special use in the "GR" General Retail Use District with special requirements (conditions) applicable. The Administration agrees that four of the five conditions are appropriate. Condition (b), requiring a 100 foot setback from a residential district may prohibit a number of available and appropriate sites from even being considered. The special use review process is a better method to individually consider each application and to apply a needed buffer between the rental agency building and a residential property. It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow an automobile rental agency as a Special Use in the GR, General Retail Use District with conditions (a) (c), (d), (e), be approved. Attachments:• Draft Ordinance Application Applicant's Letter of Intent Applicant's Letter on conditions Uses Permitted in GR Planning Board Minutes 5/28/02 Public notices /RGL/SAYjh D: \Comm Items\2002 \06- 11- 02 \LDC Amend Car Rental GR Report.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY 5 OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 6 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN 7 AUTOMOBILE RENTAL AGENCY AS A SPECIAL USE IN THE "GR" GENERAL 8 RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED 9 "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL 10 REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; 11 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, Application No. PB -02 -006 was submitted to the Planning and Zoning Department by 15 Enterprise Leasing Company, Inc., said application requesting that Section 20- 3.3(D), Permitted Use 16 Schedule of the City's Land Development Code be amended to include automobile rental agency as a 17 permitted use in the "GR ", General Retail Use Districts; and 18 19 WHEREAS, after review, the Planning and Zoning Department recommended amending Section 20- 20 3.3(D) "Permitted Use Schedule, of the City's Land Development Code to permit an automobile rental 21 agency as a permitted use in the "GR ", General Retail Use Districts and further recommended that 22 Section 20 -3.4 (B) "Special Requirements" be amended to provide conditions applicable to an automobile 23 rental agency; and 24 25 WHEREAS, on May 28, 2002 after Public Hearing regarding the proposed amendment to Sections 26 ' 20- 3.3(D) and 20- 3.4(B), the Planning Board approved a motion by a vote of 4 -1, recommending that a 27 an automobile rental agency be included as a Special Use in the "GR", General Retail Use Districts and 28 that Section 20 -3.4 (B) "Special , Requirements" be amended to provide conditions applicable to an 29 automobile rental agency; and 30 31 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and 32 enact the aforesaid amendment. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 35 THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land 38 Development Code is hereby amended to read as follows: 39 40 Section 20 -3.3 (D) Permitted Use Schedule 41 BUSINESS AND PROFESSIONAL SERVICES 1N Automobile Rental Agency S S 22 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording in bold - underlined) ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A b D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 41 BUSINESS AND PROFESSIONAL SERVICES 1N Automobile Rental Agency S S 22 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording in bold - underlined) 1 2 3 4 (2) 5 6 Section 2 That Section 20 -3.4 (B), entitled, "Special Use Conditions / Special Requirements," of the 7 South Miami Land Development Code is hereby amended to read as follows: -8 9 20 -3.4 Special use conditions. 10 11 (B) Special Requirements. 12 13 (22) AUTOMOBILE RENTAL AGENCY The following requirements shall be 14 applicable to all automobile rental agencies allowed as a as special use. 15 16 (a) No ingress or egress to the automobile rental agency shall be permitted through abutting 17 residentially zoned parcels. - 18 19 (b) When adjacent to a residential district, a masonry or concrete wall of between six (6) 20 and eight (8) feet in height shall be constructed along dividing property lines. 21 22 (c) Required parking spaces are to be designated for customers and employees only, and not 23 to be used for the storage of vehicles. 24 25 (d) Maintenance, mechanical repair or washing of cars on site is prohibited. 26 27 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 28 hereby repealed. 29 30 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 31 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 32 remaining portions of this ordinance. 33 34 Section 5. This ordinance shall be effective immediately after the adoption hereof. 35 36 37 PASSED AND ADOPTED this day of , 2002 38` 39 ATTEST: APPROVED: 40 41 42 43 CITY CLERK MAYOR 44 1 sr Reading- 45 2nd Reading- 46 COMMISSION VOTE: 47 READ AND APPROVED AS TO FORM: Mayor Robaina: 48 Vice Mayor Russell 49 Commissioner Feliu 50 Commissioner Bethel: 51 Commissioner :Wiscombe 52 CITY ATTORNEY � City of South Miami Planning; & Zoning Department C 17 City Hall, 6130 Sunset Drive, South Miami, Florida 33 143 Telephone: (305) 663-6326; Fax: (305) 666-4591 Application For Public Planning Hearing Before Board & City Commission 2: t�- 1" r'%[- F r, r-Lr—r\0t JINUIUA I t YUUN RELATIONSHIP TO THIS PROJECT: —0,.vner —0,,vner's Representative Contract tc,, purchase _Option to purchase —TenantiLessee iAl-'t'LIUIA I 1UN I,") HLHEBY MADE FOR THE FOLLOWING: -'SE CHECK THE APPROPRIATE iTEiM.' ex`, Amendment t c, L D C Use P"'7-) A p p r al _Special Exce,p,:Or, PUD Nlajicr Change OtFler E3,';e rY x P! Plicattior', 2nd cite sPeci-fic Code sections: of ' the South I D--e-v-e--Io-p- p ent Code to j)ermilt- bv ri.ght automobile leasing and rental an the General Retail ("GR")District,subject to conditions and limitations set forth in the 'UBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: X L-'ter of intent JUS`i�-Cat;ons for change Statement of hardship Proof of ownership or letter from o,,vnier Posner of a-torney Ccritract, t3 purchase S: njey (1 n-,;ginal se-3!ed 2-.-t r 1, 7 7 C "v ' MP-D X e e .. s mis �t ifirol .1a*1on 2T�-� E!'! mai2FI2�s °Ii $ K n o S 0 t ..k,Dpl a, c s sianature anjt(til' Date` Upon receipt, applications and all submit-Led mazeFI311s rt', ieved for compliance with the Land d e pplicabllc r�-gufations- Applications found v 10Dn'"I,22t Code a�-�J md not In compliance 'Xill be Te,'!ecT,-d and retLrnec to the applicant. UOM UNLT: Date Filed-- Petition Required___ Method of Payment 8/2/00 Date of PB Date of COrnmission Petition Accepted___ CARLOS W I L L I A R D 8 FLANAGAN, P. A. ATTORNEYS AT LAW SUITE 1000 THOMAS P. CAR-LOS 999 PONCE DE LEON BOULEVARD W. CHAD WILLIARD CORAL GABLES. FLORIDA 33134 JEFFREY M. FLANAGA'N TELEPHONE 305.444.1500 FACSIMILE 305.443.8617 E-MAIL: C WF - LAW(7a SHADOW NET VIA HAND DELIVERY April 26, 2002 Mr. Richard G. Lorber, A1CP Planning Director City of South Miami, Planning and Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 RE: Enterprise Leasing Company Inc. - Request To Amend the City Of South Miami Land Development Code "General Retail" District to Allow the Automobile Leasing and Rental Use to be Permitted By Right Dear Richard: Pursuant to the 'City of South Miami Planning and Zoning Department's procedures for filing the above referenced Land Development Code Text, - Amendment Application, enclosed please find the following required documents; to wit: completed Application form; Letter of intent and a check made payable to the City of South Miami in the amount of $1,750.00 as the filing fee for the Application. As we discussed during our meeting on Wednesday, April 24, 2002, the Letter of Intent for this Application includes the request, the justifications for same and proposed language to add the automobile leasing and rental use (permitted by right) to the General Retail ( "GR ") District of the Code. With respect to our discussion of the storage issue, my research of other local codes did not yield any particularly helpful definitions for storage. Therefore, in an effort to memoralize the concept of what is trying to be prohibited, I have referenced Section 20 -4.4 of the City's Code - it is the only section of the Code which I found to contain a paragraph dealing with storage (Section 20 -4.4 (M)(7)(c) in particular). While this section deals specifically with storage of vehicles in the context of valet parking, I believe it expresses the customary concept of storage which is sought to be prohibited with respect to the subject automobile leasing and rental use. However, if you have alternate suggestions for addressing this issue, please let me know. Finally, as we discussed, it is my hope that this Text Amendment Application can be expedited along the following schedule: May 28, 2002 — Hearing before the Planning Board June 4, 2002 — First reading before the City Commission June 11, 2002 — Second reading (final approval) by the City Commission I will contact you to discuss these issues further. However, in the interim, should you have questions, comments or need further information please do not hesitate to contact me. Yours truly, CARLOS WILLIARD & FLANAGAN, P.A. 4%M—A4 f7 Win; W. Chad Williard WCW /bb cc: Curt Neary (via facsimile w/o enclosures) CARLOS WILLIARD & FLANAGAN, P.A. ATTORNEYS AT LAW SUITE 1000 THOMAS P. CARLOS 999 PONCE DE LEON BOULEVARD W. CHAD WILLIARD CORAL GABLES, FLORIDA 33134 JEFFREY M. FLANAGAN TELEPHONE 305.444.1500 FACSIMILE 305.443.8617 E-MAIL C WF - LAWt7a SHADOW NET Apri{ 26, 2002 Mr. Richard G. Lorber, AICP Planning Director City of South Miami, Planning and Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Lorber: On behalf of my client, Enterprise Leasing Company, Inc. (the "Applicant "), please accept this correspondence as a Letter of Intent filed in connection with an Application for Public Hearing before the City of South Miami Planning Board and City Commission to request a text amendment to the South Miami Land Development Code (the "Code "). Specifically, the Applicant intends to establish an automobile leasing and rental agency at a parcel located at 6394 South Dixie Highway, South Miami, Florida (the "Property "). The Property is currently zoned General Retail ( "GR "), which does not currently permit automobile leasing and rental use as a matter of right. Therefore, the Applicant hereby requests that Section 20 -3.3 (D) be amended to allow the following "Use Type" to be "Permitted By Right" in the General Retail District ( "GR "), subject to the conditions and limitations set forth below: Automobile leasing and rental shall be permitted by right, subject only to the following conditions: (a) where there are abutting, residentially zoned parcels, no commercial traffic shall travel through said residential districts to gain ingress /egress to /from the GR -zoned parcel (b) storage of vehicles, as contemplated in Section 20 -4.4 of the Code, shall not be permitted. The Applicant requests this text amendment to the Code because such an amendment is required in order to permit the Applicant to'establish an Enterprise Rent -a -Car leasing office on the Property. Furthermore, the Applicant respectfully submits that, for the reasons discussed herein, the text amendment is justified. First, with the above mentioned limitations (i.e., conditions to ensure that any automobile leasing and rental use in the GR District would not be of the large scale type where significant numbers of vehicles are stored outside, such as those typically found on or near airports), the proposed use would be compatible with other commercial uses currently permitted by right in the GR District. Second, the prohibition of commercial traffic traveling through abutting residential parcels will further ensure the compatibility of the proposed use with adjacent residential districts. Also, it is the Applicant's understanding that this particular text amendment to the Code would likely have been initiated and approved by the City of South Miami as part of its zoning code amendment process during the next six to twelve months. However, given the Applicant's need to establish its leasing and rental agency on the property as soon as possible, the Applicant is taking the initiative to have this individual text amendment filed, processed and ('hopefully) approved by the City Commission in a shorter amount of time. As such, it would appear that the City would agree that the requested use is compatible and should be permitted by right in the GR District. Finally, while this is a general code amendment, it will have the immediate, specific and positive effects of allowing the Applicant to establish a use of the Property which will result in significant upgrades being made to an otherwise deteriorated and blighted property. If you should need any additional information or wish to discuss modifications to the Applicant's proposed text amendment, please do not hesitate to contact me. Yours truly, CARLOS WILLIARD & FLANAGAN, P.A. r`a W. Chad Williard WCW /bb PERMITTED COMMERCIAL USES IN "GR" DISTRICT Air Conditioning Sales & Services Animal Hospital or Veterinarian (S) Antique or Curio Shop Automobile Accessories & Parts (S) Automobile Dealer (S) Bait & Tackle Shop Bakery Beauty or Barber Shop Bicycle Sales & Services Boat Dealer (S) Book or Stationery Store Bowling Alley or Skating Rink (S) Bus, Transit or Taxi Terminal Business Machine Sales & Services Camera & Photo Supply Store Carpeting or Flooring Sales Clothing or Apparel Store (new only) Confectionery or Ice Cream Parlor Consumer Electronics or Music Store Cosmetics Store Counseling Services Dairy Products Store Deli Department or Dry Goods Store Drinking Place Drug, Pharmacy or Sundry Store Dry Cleaning Substation (no processing) Dry Cleaning Plant (S) Fabric or Drapery Shop Florist Gasoline Service Station (S) Grocery Store (over 4,000 sf gfa) Gift, Novelty or Souvenir Shop Glass and Mirror Sales & Services Hardware Store Hobby, Toy or Game Shop Household Appliance Store Home Furniture or Furnishings Store Jewelry Store Lawn & Garden Supplies Lawnmower Sales & Services Lighting Fixtures Store Liquor Store Mail & Parcel Center Massage Therapist Mobile Automobile Wash/Wax Service (S) Motorcycle Dealer (S) Office Supplies Paint Glass & Wallpaper Store Parking Lot, Commercial Pet Sales or Grooming Services Plant Nursery or Greenhouse Plumbing Shop Poultry, Meat or Seafood Market Quick Printing Radio & TV Broadcasting Station Recreational Vehicle Dealer (S) Restaurant, Convenience (S) Restaurant, General (S) Sewing, Needlework or Piece Goods Store Shoe Store Sporting Goods Store Tobacco Shop Used Merchandise Store: Antiques Used Merchandise Store: Consignment Goods (S) Used Merchandise Store: Secondhand Goods (S) Variety Store KALand Development Code \PERMITTED USES studiesTERMITTED USES IN GR DISTRICT.doc Q DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 28, 2002 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:39 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Illas served as Chairperson and requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Comendeiro, Mr. Illas and Ms. Yates. Board members absent: Mr. Morton and Ms. Gibson. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings PB -02 -.005 Applicant: Barry G. Malik Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED AT 5869 PROGRESS ROAD Action: Mr. Mann read the item into the record and staff presented the request for Special Use Approval to operate an automotive repair facility at 5869 Progress Road in South Miami. The Board and staff discussed the request, after which the public hearing was opened. There were no speakers. Planning Board Meeting May 28, 2002 Page 2 of 4 Applicant Present: Barry G. Malik Motion: Mr. Mann moved to approve the request as presented and Mr. Comendeiro seconded the motion, with the following conditions as per staff's recommendation: 1) Automobile repair work shall only be allowed inside the building; 2) Automobiles remaining on the property overnight shall be stored inside the building; 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Progress Road. 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Vote: Ayes 5 Nays 0 PB -02 -006 Applicant: Enterprise Leasing Company, Inc. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the item into the record and staff presented the request. The applicant, Enterprise Leasing Co., Inc. is requesting the City to amend the Permitted Use Schedule of the Land Development Code to include "automobile rental agency" as a permitted use in the "GR ", General Retail Use District. The application package submitted Planning Board Meeting May 28, 2002 Page 3 of 4 refers to the specific address of 6394 South Dixie Highway as the location where the company wishes to place an automobile rental agency. The Board, staff and the applicant discussed the request in detail since if adopted, two separate sections of the Land Development Code must be amended. Amendment A revises the Permitted Use Schedule to allow an automobile rental agency in the GR District. Amendment B revises the Code section containing special use requirements by adding special requirements which an automobile rental agency must adhere to, whether it is a special use or permitted as a matter of right. Applicant Present: Jeffrey Flanagan, Esq. (representing Enterprise Leasing) Speaker against the proposal: Cal Rosenbaum First Motion: Mr. Comendeiro moved to deny the request and Mr. Mann seconded the motion. Mr. Mann recommended that the Zoning Task Force review these types of requests bearing in mind what is best for the City in the long term. After further discussion, Mr. Comendeiro withdrew his motion. Second Motion: Ms. Yates moved to approve the request, as a "Special Use" in the -GR District, and Mr. ' Illas seconded the motion, which included the conditions specified by staff as follows: AMENDMENT B` 20 -3.4 Special use conditions. i B 3 Special. Requirements. (22) AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use. (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. (c) When adjacent to a residential district, a masonry or concrete wall of between six (6 ) and eight (8) feet in height shall be constructed along dividing property lines. (d) Required parkin; spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (e) Maintenance, mechanical repair or washing of cars on site is prohibited. IV. Approval of Minutes Action: The Board duly voted on and approved the minutes of April 30, 2002. Vote: Ayes 5 Nays 0 V. Remarks: No remarks. VI. Adjournment Action: Theie being no further business before the Board, Mr. I'llas adjourned the -meeting at aj pioxilrrUately 9:18 PM. RGL/mrnm KAPIMPB Minutes\2001 Minutes'MNS 05-28-02.3oc � 4 ti -14 IN IVI\ - y'v IL VO 5 1 T W 7rOAC AD. 4WW a] PFl. a � �.` T .. �_% N ` t 2 3 4 s 4w' Z-ON6 SOdZd Se- P1 7- Z41' L.OAJ& 5,,7.d&4ee,b17- Z I e- 1z, Lcr T.E 4 &A 1 —1 4A'y r1a) P-*Si 4a�- 7 L076 - TOWN c-.WIP 01= LACE PCiN ec)UTW M 1 A NA 1.1 F=L&. 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