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09-03-02CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 3, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: September 17, 2002 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons vho are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s)(7:00 p.m.) Jacqueline Schwartz candidate for Circuit Court Judge Miami Herald Publishing Company - Health Fair REGULAR CITY COMMISSION i AGENDA - September 3, 2002 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Special City Commission Regular City Commission 2. City Manager's Report 3. City Attorney's Report Meeting - August 1, 2002 Meeting - August 6, 2002 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 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $12,686.59; CHARGING $1,007.89 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY/FORECLOSURE; CHARGING $9,140.95 TO ACCOUNT NO. 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; CHARGING $1,312.50 TO ACCOUNT NO. 001 -0000- 132 -2040, 73RD STREET PARKING GARAGE LOAN; AND CHARGING $1,225.25 TO ACCOUNT NO. 608- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING LILLIE F. HARRIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROBERT J. LUSS TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD TO SERVE FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROSE HANING TO THE CODE ENFORCEMENT BOARD TO SERVE FOR A TWO YEAR TERM ENDING REGULAR CITY COMMISSION 2 AGENDA - September 3, 2002 AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING SAMANTHA NEWMAN TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING AUGUST 20 2004 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE HISTORICAL MARITIME MUSEUM CONCEPT OF BRINGING A US NAVY SHIP TO BICENTENNIAL PARK'S SHORELINE AS A FLOATING MUSEUM; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT IN THE AMOUNT OF $112,500; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION 61- 02- 11410 TO HONOR SEVERAL CITY PIONEERS BY CO- NAMING SEGMENTS OF CITY STREETS AFTER THEM; PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT AND EFFECTIVE DATE 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 5780 SW 82r'D STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL UN- EXPIRED TERMS OF THE MAYOR AND CITY COMMISSIONER FOR GROUP II; SCHEDULING THE DAY, PLACE AND TIME OF THE SPECIAL ELECTION; PROVIDING FOR REGULAR CITY COMMISSION 3 AGENDA - September 3, 2002 QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 RESOLUTION (S) /PUBLIC HEARING (S) 14. 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 ACCESSORIES AND PARTS STORE IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. 4/5 15. 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 AUTOMOBILE RENTAL AGENCY IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. 4/5 16. 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 A GENERAL RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD; PROVIDING AN EFFECTIVE DATE 4/5 RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HUMAN RIGHTS; REAFFIRMING SUPPORT FOR THE MIAMI -DADE COUNTY HUMAN RIGHTS ORDINANCE AND OPPOSING REPEAL OF THE ORDINANCE; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Russell) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH SCHWEBKE- SHISKIN & ASSOCIATES, INC. FOR PROFESSIONAL SURVEYING SERVICES FOR SEVEN TRAFFIC CIRCLES WITH THE COCOPLUM TERRACE NEIGHBORHOOD IMPROVEMENTS IN AN AMOUNT OF $10,500.00 FROM ROADWAY IMPROVEMENT BOND FUND ACCOUNT NUMBER 001 - 0000 -132- 02052; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 4 AGENDA — September 3, 2002 19. A RESOLUTION OF. THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES,' PREPARATION OF DESIGN PLANS AND PERMITTING, SPECIFICATIONS, CONTRACT DOCUMENTS,_ BID PHASE, AND CONSTRUCTION ADMINISTRATION SERVICES FOR TRAFFIC CIRCLES WITHIN THE COCOPLUM TERRACE NEIGHBORHOOD IMPROVEMENTS IN AN AMOUNT OF $39,560.00 FROM ROADWAY IMPROVEMENT BOND FUND ACCOUNT NUMBER 001 - 0000 -132- 02052; PROVIDING AN EFFECTIVE DATE. 3/5 20. A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AGREEMENT CONCERNING SW 64TH STREET AND SW 59TH PLACE INTERSECTION IMPROVEMENT, AUTHORIZING THE CITY MANAGER TO INCREASE THE CONTRACT AMOUNT WITH ROCK POWER CORPORATION, FOR AN ADDITIONAL $14,159.00; PROVIDING AN EFFECTIVE DATE.3 /5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKING POLICIES; ADJUSTING THE PARKING FEE TO ONE DOLLAR PER HOUR; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 p 22.`A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3'TS) FOR PROFESSIONAL SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL INVESTIGATION, PRELIMINARY ENGINEERING DESIGN AND PARTIAL FINAL DESIGN SERVICES FOR DOWNTOWN IMPROVEMENTS, PHASE I, IN AN AMOUNT OF ONE HUNDRED NINETEEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS, ($119,760.00) TO BE CHARGED TO STATE FUNDED SOUTH FLORIDA WATER MANAGEMENT DISTRICT ACCOUNT NO. 001-0000 - 132 -2060; PROVIDING AN EFFECTIVE DATE. 3/5 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE. CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FY 2001/2002 BUDGET; FREEZING ALL CURRENT EXPENDITURES EXCEPT ESSENTIALS UNTIL THE END OF THIS FISCAL YEAR; PROVIDING AN EFFECTIVE DATE. (Deferred from August 1 '& 6, 2002) (Commissioner Wiscombe) 3/5 ORDINANCE (S) FIRST READING /PUBLIC HEARING(S) 24. 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 REGULAR CITY COMMISSION 5 AGENDA - September 3, 2002 REVISING SECTION 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS,- IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) FIRST READING 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BUDGET, CONCERNING THE STORMWATER USER FEE RATE, SETTING THE FEE RATE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.. 3/5 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM SYSTEMS; REPEALING SECTION 15 -4 IN ITS ENTIRETY AND CREATING A NEW SECTION 15 -4 -1 ,THROUGH 15 -4 -10 ENTITLED BURGLARY AND ROBBERY ALARM PROVIDING FOR ALARM PERMITTING, PERMITTING FEES AND FINES FOR NON- COMPLIANCE, ISSUANCE OF FALSE ALARM REPORTS AND APPEALS OF FALSE ALARM REPORTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105,- -THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY 'NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES' IT AUTHORISE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 6 AGENDA - September 3, 2002 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: August 16, 2002 44 Agenda Item Commission Meeting August 20, 2002 Attorney's Fees Nagin, Gallop and Figueredo, P.A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO P.A. IN THE AMOUNT OF $12,686.59; CHARGING $1,007.89 TO ACCOUNT NO. 1500- 514 -3435, REAL PROPERTY/FORECLOSURE; CHARGING $9,140.95 TO ACCOUNT NO. 1500- 514 - 3410, LEGAL SERVICES, NON- RETAINER; CHARGING $1,312.50 TO ACCOUNT NO. 001- 0000- 132 - 2040, 73RD STREET PARKING GARAGE LOAN; AND CHARGING $1,225.25 TO ACCOUNT NO. 608- 1910 - 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE The attached resolution is for Legal Services for the City Attorney for the period ending July 31, 2002, in the total amount of $ 12,686.59. The accounts are summarized below: Account Available Balance This Invoice Consulting - Real Property/Foreclosure $ 2,100.00 $ 1,007.89 Account # 1500 -514 -3435 Professional Services - $ 2,250.53 $1,225;25 Account # 608 - 1910- 521 -3100 73rd Street Parking Garage Loan $ $1,312.50 Account # 001- 0000 -132 -2040 South Miami F l o r i d a .iW 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: August 16, 2002 44 Agenda Item Commission Meeting August 20, 2002 Attorney's Fees Nagin, Gallop and Figueredo, P.A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO P.A. IN THE AMOUNT OF $12,686.59; CHARGING $1,007.89 TO ACCOUNT NO. 1500- 514 -3435, REAL PROPERTY/FORECLOSURE; CHARGING $9,140.95 TO ACCOUNT NO. 1500- 514 - 3410, LEGAL SERVICES, NON- RETAINER; CHARGING $1,312.50 TO ACCOUNT NO. 001- 0000- 132 - 2040, 73RD STREET PARKING GARAGE LOAN; AND CHARGING $1,225.25 TO ACCOUNT NO. 608- 1910 - 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE The attached resolution is for Legal Services for the City Attorney for the period ending July 31, 2002, in the total amount of $ 12,686.59. The accounts are summarized below: Account Available Balance This Invoice Consulting - Real Property/Foreclosure $ 2,100.00 $ 1,007.89 Account # 1500 -514 -3435 Professional Services - $ 2,250.53 $1,225;25 Account # 608 - 1910- 521 -3100 73rd Street Parking Garage Loan $ $1,312.50 Account # 001- 0000 -132 -2040 CRA Fund — General Legal $ $ Account #610 - 1120 - 554 -3415 Code Enforcement Account #1500 - 514 -3452 $ 4,109.84 $ Telecommunications Account #1500 -514 -3420 $ 5,420.00 $ Legal Services Non Retainer $ 10,000.00 $ 9,140.95 Account # 1500- 3410 A detailed Billing Statement is attached. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $12,686.59; CHARGING $1,007.89 TO ACCOUNT NO. 1500 -514 - 8 3435, REAL PROPERTY/FORECLOSURE; CHARGING 9 $9,140.95 TO ACCOUNT NO. 1500 -514 -3410, LEGAL 10 SERVICES, NON- RETAINER; CHARGING $1,312.50 TO 11 ACCOUNT NO. 001- 0000 -132- 2040, 73' STREET PARKING 12 GARAGE LOAN; AND CHARGING $1,225.25 TO ACCOUNT 13 NO. 608- 191.0- .521 -3100, PROFESSIONAL SERVICES, 14 FORFEITURE; PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 July 31, 2002, in the amount of $12,686.59; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $12,686.59, are approved for 32 payment and charging $1,007.89 to account no. 1500 -514- 3435, real 33 estate /foreclosure; charging $9,140.95 to account no. 1500 -514 -3410, legal, non - 34 retainer charging $1,312.50 to account no. 001- 0000 - 132.2040, 73' Street 35 Parking, Garage Loan Account; and charging $1,225.25 to account no. 608-1910 - 36 521 -3100, forfeitures. 37 38 Section 2. This resolution shall take effect immediately upon approval. 39 Additions shown by underlining and deletions shown by ^-�°ro�.sirikifig P 1 2 PASSED AND ADOPTED this day of August 2002. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Robaina: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner Feliu: 16 17 18 19 20 21 22 23 24 25 \ \Dell_6100 \Documents \City of South Miami \0022 - 001 \14792.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 A A NAGINGALLOPFIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 August 12, 2002 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending July 31, 2002, in the amount of $12,686.59, and requisition no. 100. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Prof 1 Services $ 717.50 Statement No. 11840 dated 08101102 Disbursements 0.00 Total Due 717.50 0022 -023 Parking Garage Contract Prof1 Services $ 1,312.50 Statement No. 11843 dated 08101102 Disbursements 0:00 Total Due 1,312.50 0022 -034 CSM v. Third Group Mortgage Profl Services $ 255.00 Statement No. 11845 dated 08101102 Disbursements 23.39 Total Due 278.39 0022 -046 Merrick v. City of South Miami Prof 1 Services $ 0.00 Statement No. 11846 dated 08101102 Disbursements 68.53 Total Due 68.53 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI August 12, 2002 Page 2 of 3 0022 -061 NRA, et al. V. City of South Miami Profl Services $ Statement No. 11847 dated 08101102 Disbursements Total Due 0022 -087 Asher v. City of South Miami Prof 1 Services $ Statement No. 11852 dated 08101102 Disbursements Total Due 0022 -094 Officer Darby Wagner Arbitration Profl Services $ Statement No. 11853 dated 08101102 Disbursements Total Due 0022 -108 Forfeiture of 1995 Honda Civic Prof 1 Services $ Statement No. 11863 dated 08101102 Disbursements Total Due 0022 -109 Chase Manhattan v. Ramirez Profl Services $ Statement No. 11864 dated 08101102 Disbursements Total Due 0022 -110 Forfeiture of 1988 Chevy Blazer Prof l Services $ Statement No. 11865 dated 08101102 Disbursements Total Due 0022 -111 South Miami Homeowners v. The City of Prof 1 Services $ South Miami Disbursements Statement No. 11866 dated 08101102 Total Due 0022 -112 Forefeiture of 1987 Cadillac Sedan Statement No. 11867 dated 08101102 0022 -113 Forfeiture of 1991 Nissan 300zx Statement No. 11868 dated 08101102 CURRENT TOTAL DUE Profl Services $ Disbursements Total Due Prof 1 Services $ Disbursements Total Due 3,022.50 24.29 3,046.79 122.50 0.00 122.50 5,692.50 43.92 5,736.42 15.00 5.75 20.75 0.00 12.00 12.00 15.00 5.75 20.75 0.00 166.71 166.71 350.00 255.00 605.00 328.75 250.00 578.75 $ 12,686.59 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI August 12, 2002 Page 3 of 3 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. a Yp EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 100 Date: August 12, 2002 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 3 Real Estate /Foreclosure 1500 -514 -3435 $1,007.89 $1,007.89 2 5 Legal, Non- Retainer 1500 -514 -3410 $9,140.95 $9,140.95 3 4 Forfeitures 608- 1910- 521 -3100 $1,225.25 $1,225.25 4 1 73r Street Parking Garage Loan Account 001- 0000 - 132 -2040 $1,312.50 $1,312.50 TOTAL $12,686.59 Purchase Order No. Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As --- f6 e Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -002 Real Estate & Contracts Statement No. 11840 Hours Amount 7/15/2002 LRF Meeting with Ajibola Balogun and Miami -Dade County Public 1.50 262.50 Works Department to discuss responsibility for sidewalk maintenance for specific roads in north -east area predominantly in unincorporated Miami -Dade County. 7/26/2002 EGG Prepared right -of -way maintenance agreement for development at 2.60 455.00 7301 -7331 SW 57th Court; developed form ROW maintainance agreement. Rate Summary Luis R. Figueredo Earl G. Gallop Payments 7/15/2002 Payment Total Professional Services 717.50 1.50 hours at $175.00/hr 2.60 hours at $175.00/hr Total hours: 4.10 Ck #37713 Sub -total Payments 262.50 455.00 2,462.50 2,462.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 11840 Page: 2 For Professional Services 717.50 For Disbursements Incurred 0.00 Current Balance: 717.50 Previous Balance: 3,541.97 Payments - Thank you 2,462.50 Total Due 1,796.97 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 7/15/2002 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -003 Williamson Foreclosure Statement No. 11841 Payment Ck #37713 229.02 Sub -total Payments: 229.02 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 229.20 Payments - Thank you 229.02 Total Due 0.18 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -011 Tooks v. City of South Miami Statement No. 11842 For Professional Services 0.00 For Disbursements Incurred 0.00 Current .Balance: 0.00 Previous Balance: 25.00 Payments - Thank you 0.00 Total Due 25.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged ff payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRMLEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 11843 City of South Miami, FL 33143 Hours Amount 7/9/2002 LRF Telephone conference with Subrata Basu regarding restrictions on 1.90 332.50 easement and WASA regulations; reviewed file and release of restriction; telephone conference with Subrata Basu regarding same; began review of draft construction management agreement. 7/15/2002 LRF Conference with Ajibola Balogun concerning WASA's request for a 1.30 227.50 exclusive dedicated easement; telephone conference with Subrata Basu regarding same; telephone status conference with George McArdle. 7/16/2002 LRF Began review of multipurpose construction management agreement 3.00 525.00 for parking garage project; telephone conference with Subrata Basu regarding easement issue with WASA and proposed alternative solution; attended team meeting with representatives of Arquitectonica and Centex- Rooney. 7/22/2002 LRF Reviewed final draft of construction manager at risk agreement. 0.80 140.00 7/23/2002 LRF Telephone conference with counsel for the architects regarding the 0.50 87.50 construction manager at risk agreement; telephone conference with Subrata Basu regarding same. Total Professional Services 1,312.50 Rate Summary Luis R. Figueredo 7.50 hours at $175.00/hr 1,312.50 Total hours: 7.50 Payments 7/15/2002 Payment Ck #37713 11,807.50 Payment is due upon receipt. Please notify us w Rhin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 11843 Page: 2 Sub -total Payments: 11,807.50 For Professional Services 1,312.50 For Disbursements Incurred 0.00 Current Balance: 1,312.50 Previous Balance: 21,840.00 Payments - Thank you 11,807.50 Total Due 11,345.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 11844 Payments 7/15/2002 Payment Ck #37713 1,178.25 Sub -total Payments: 1,178.25 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,178.25 Payments Thank you 1,178.25 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya August 1, 2002 Matter ID: 0022 -034 Finance Director CSM v. Third Group Montage, City of South Miami 6130 Sunset Drive Statement No. 11845 City of South Miami, FL 33143 Hours Amount 7/17/2002 EAB Analyzed Third Party Intervenor Beta G's complaint to quiet title; 1.00 150.00 and began drafting answer. 7/22/2002 EAB Finalized quiet title answer to third party intervenor, Beta -G's 0.70 complaint. Rate Summary Eve A. Boutsis Expenses 7/2/2002 Payments 7/15/2002 Total hours Mileage Legal research Parking Charge Outside copy job Total Professional Services 1.70 hours at $150.00 /hr 255.00 1.70 Sub -total Expenses 3.00 3.14 11.00 6.25 23.39 Payment Ck #37713 875.12 Sub- total Payments: 875.12 105.00 255.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 11845 Page: 2 For Professional Seances 255.00 For Disbursements Incurred 23.39 Current Balance: 278.39 Previous Balance: 2,272.72 Payments - Thank you 875.12 Total Due 1,675.99 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Payments 7/15/2002 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -046 Merrick v. City of South Miami Statement No. 11846 Meal Charge 54.03 Parking Charge 14.50 Sub -total Expenses: 68.53 Payment Ck #37713 1,443.65 Sub -total Payments: 1,443.65 For Professional Services 0.00 For Disbursements Incurred 68.53 Current Balance: 68.53 Previous Balance: 3,071.15 Payments - Thank you 1,443.65 Total Due 1,696.03 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notif y us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -061 Finance Director NRA, et al. vs. City of South City of South Miami 6130 Sunset Drive Statement No. 11847 City of South Miami, FL 33143 Total Professional Services 3,022.50 Rate Summary Earl G. Gallop 17.10 hours at $175.00/hr 2,992.50 Jennifer M. Penichet 1.50 hours at $ 20.00 /hr 30.00 Expenses Total hours: 18.60 Parking Charge 14.00 Legal research 6.29 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Hours Amount 7/1/2002 EGG Attended hearing on city's motion to bifurcate attorney's fees 2.60 455.00 proceedings and to require documentation of claimed costs; met with Mr. Hertzberg regarding handling attorney's fee entitlement hearing; instructions to paralegal to obtain certified copies of similar gun lock ordinances of Miami -Dade County, and cities of West Palm Beach and Westin. 7/26/2002 JMP Filed notice of filing certified copy of ordinance. 0.75 15.00 7/29/2002 EGG Reviewed draft response to NRA's motion for attorney's fees; 4.00 700.00 reviewed documents; attended meeting with Mr. Hertzberg. 7/29/2002 JMP Picked up certified copy of court's case docket sheet. 0.75 15.00 7/30/2002 EGG Reviewed motions, briefs and prepared for hearing. 4.30 752.50 7/31/2002 EGG Prepared for and attended hearing on NRA motion for attorney's 6.20 1,085.00 fees; evaluated whether to prepare brief or detailed order; telephone conferences with city commissioners. Total Professional Services 3,022.50 Rate Summary Earl G. Gallop 17.10 hours at $175.00/hr 2,992.50 Jennifer M. Penichet 1.50 hours at $ 20.00 /hr 30.00 Expenses Total hours: 18.60 Parking Charge 14.00 Legal research 6.29 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. P Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 11847 Page: 2 7/31/2002 Outside copy job 4.00 Sub -total Expenses: 24.29 Payments 7/15/2002 Payment Ck #37713 590.31 Sub -total Payments: 590.31 For Professional Services 3,022.50 For Disbursements Incurred 24.29 Current Balance: 3,046.79 Previous Balance: 4,966.45 Payments - Thank you 590.31 Total Due 7,422.93 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1 2002 Matter ID: 0022 -063 City Hall Project Statement No. 11848 Payments 7/15/2002 Payment Ck #37713 87.50 Sub -total Payments: 87.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 87.50 Payments - Thank you 87.50 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -064 Water Main Extension Statement No. 11849 Payments 7/15/2002 Payment Ck #37713 175.00 Sub -total Payments: 175.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: O.t)0 Previous Balance: 175.00 Payments - Thank you 175.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FI GUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -083 Planning Board Statement No. 11850 Payments 7/15/2002 Payment Ck #37713 1,750.00 Sub -total Payments: 1,750.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,750.00 Payments - Thank you 1,750.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w Rhin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -085 Yvonne Beckman v. The City of Statement No. 11851 Payments 7/15/2002 Payment Ck #37713 122.50 Sub -total Payments: 122.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: .0.00 Previous Balance: 242.50 Payments - Thank you 122.50 Total Due 120.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -087 Mercedes Asher v. City of South Statement No. 11852 Hours Amount 7/10/2002 MDS Telephone conference with Mr. Centerino concerning status of 0.70 122.50 investigation of allegations made in Ms. Asher's letter relating to attorney misconduct; telephone conference with Investigator Schlafke, of the State Attorney's Office, regarding same. Rate Summary Michael D. Spivack Payments 7/15/2002 Payment Total Professional Services 122.50 0.70 hours at $175.00/hr 122.50 Total hours: 0.70 Ck #37713 93.92 Sub -total Payments: 93.92 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -087 Statement No.: 11852 Pager 2 For Professional Services 122.50 For Disbursements Incurred 0.00 Current Balance: 122.50 Previous Balance: 306.42 Payments - Thank you 93.92 Total Due 335.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305)854 -5351 August 1, 2002 Matter ID: 0022 -094 Officer Darby Wagner Arbitration Statement No. 11853 7/18/2002 MDS Reviewed Labor Arbitration Rules, Collective Bargaining Agreement, 6.50 1,137.50 and had telephone conference with Ms. Angeline S. Edwards, Case Manager with the American Arbitration Association, concerning the standards of proof for the arbitration of Mr. Wagner. Conferenced with Ms. Cadenhead re status of arbitration and telephone conference with Ms. Angeline S. Edwards. Attempted telephone Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Hours Amount 7/8/2002 KC Called Joe Troiano, Inc. to request status of transcript in State of 0.30 22.50 Florida v. Darby Wagner. Prepared letter to Mr. Oshikoya requesting check from City for payment of transcript. 7/9/2002 KC Traveled to and from the City of South Miami to hand deliver letter, 0.50 37.50 requisition and invoice for transcript payment. 7/12/2002 KC Travelled to and from Laws Triano to deliver check from City of 0.70 52.50 South Miami for payment of transcript requested by Mr. Spivack. 7/15/2002 MDS Telephone conference with Mr. Ticker re exchange of discovery of 3.60 630.00 materials. Conferenced with Ms. Jester re exchange of discovery of materials. Began review of criminal trial transcript of Mr. Wagner. 7/16/2002 MDS Continued reviewing trial transcript from Mr. Wagner's criminal trial. 6.00 1,050.00 Reviewed updated version of American Arbitration Association Labor Arbitration Rules. Reviewed various documents, notices, replies, reports, statements, etc. provided by City of South Miami's Police Department concerning investigation of this matter. 7/17/2002 MDS Reviewed audio taped statements of witnesses taken by 4.30 752.50 Investigator F. Gilbert. Conferenced with Ms. Cadenhead concerning case. Traveled to City of South Miami Police Department/ City Hall for conferences in anticipation of the arbitration of this mutter. Conferenced with Internal Affairs Detective. Gilbert, Assistant Chief Feldman, Chief Watson, and City Manager Scurr. 7/18/2002 EGG Attention to rules of arbitration and city's theory of the case. 0.30 52.50 7/18/2002 MDS Reviewed Labor Arbitration Rules, Collective Bargaining Agreement, 6.50 1,137.50 and had telephone conference with Ms. Angeline S. Edwards, Case Manager with the American Arbitration Association, concerning the standards of proof for the arbitration of Mr. Wagner. Conferenced with Ms. Cadenhead re status of arbitration and telephone conference with Ms. Angeline S. Edwards. Attempted telephone Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -094 Statement No.: 11853 conference with City Manager Scurr, left voice mail messages for Mr. Scurr detailing some issues that had come up and requesting Page: 2 information as to those issues. Conferenced with Mr. Gallop concerning status of arbitration. Researched statutory law and case law concerning procedures arbitrators must follow and concerning the vacating, modifying, or appealing of an award. 7/19/2002 MDS Began reviewing documents provided by the State Attorney's Office 6.50 1,137.50 pursuant to the public records request. 7/22/2002 MDS Meeting with Mr. Tucker and former officer Wagner concerning the 1.60 280.00 exchange of discovery materials. Telephone conference with Captain Ross concerning status of matter, strategy for arbitration, and law to be applied at arbitration. 7/23/2002 MDS Reviewed collective bargaining agreement, Personnel Regulations, 3.00 525.00 code sections, and Employee Handbook in reference to the standard to be applied in termination proceedings. Telephone conference with Captain Ross re production of entire Collective Bargaining Agreement and a page form the Personnel Regulations. 7/26/2002 REC Obtained ASCII Disks from Triano Law Assoc. 0.75 15.00 Total Professional Services 5,692.50 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Kimberly Clark 1.50 hours at $ 75.00 /hr 112.50 Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Michael D. Spivack 31.50 hours at $175.00/hr 5,512.50 Total hours: 34.05 Expenses Parking Charge 9.00 Mileage 3.00 Legal research 6.92 7/26/2002 Transcripts 25.00 Sub -total Expenses: 43.92 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin'Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -094 Statement No.: 11853 Page: 3 For Professional Services 5,692.50 For Disbursements Incurred 43.92 Current Balance: 5,736.42 Previous Balance: 1,139.48 Payments - Thank you 0.00 Total Due 6,875.90 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAG I N GALLOP FI GUE R E D O P.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South. Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -095 Lazaro D. Tabares - EEOC Statement No. 11854 Payments 7/15/2002 Payment Ck #37713 10,248.70 Sub -total Payments: 10,248.70 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 14,411.04 Payments -Thank you 10,248.70 Total Due 4,162.34 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter 1D: 0022 -096 Darby L. Wagner - EEOC Claim Statement No. 11855 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 695.00 Payments - Thank you 0.00 Total Due 695.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged K payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -097 Equicredit v. Miranda Statement No. 11856 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 445.22 Payments - Thank you 0.00 Total Due 445.22 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -099 Forfeiture of Honda Shadow 750 Statement No. 11857 Payments 7/15/2002 Payment Ck #37713 257.75 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 257.75 Total Due To be properly credited, please indicate Statement Number on your remittance check. '01111 0.00 257.75 257.75 0.00 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -100 Florida Municipal Loan Statement No. 11858 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,428.99 Payments Thank you 0.00 Total Due 1,428.99 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -101 Finance Director Hampton Pre - Determination City of South Miami 6130 Sunset Drive Statement No. 11859 City of South Miami, FL 33143 Payments 7/15/2002 Payment Ck #37713 332.50 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 332.50 Total Due To be properly credited, please indicate Statement Number on your remittance check. NI$ 0.00 332.50 332.50 = Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 7/15/2002 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -103 Forfeiture of 1991 Nissan Sentra Statement No. 11860 Payment Ck #37713 111.25 Sub -total Payments: 111.25 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 111.25 Payments - Thank you 111.25 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -105 Finance Director National City Mtg. Co. vs. City of South Miami 6130 Sunset Drive Statement No. 11861 City of South Miami, FL 33143 Payments 7/15/2002 Payment Ck #37713 809.59 Sub- total Payments: 809.59 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 809.59 809.59 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -107 Forfeiture of 1995 Honda Civic Statement No. 11862 Payments 7/15/2002 Payment Ck #37713 150.00 Sub -total Payments: 150.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 150.00 Payments - Thank you 150.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -108 Finance Director Forfeiture of 1987 Oldsmobile City of South Miami 6130 Sunset Drive Statement No. 11863 City of South Miami, FL 33143 Hours Amount 7/1/2002 REC Obtained certified copy of Final Default Judgment. 0.75 15.00 Total Professional Services 15.00 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 1hr 15.00 Total hours: 0.75 Expenses Parking Charge 2.25 Mileage 1.50 7/2/2002 Certified Copy 2.00 Sub -total Expenses: 5.75 Payments 7/15/2002 Payment Ck #37713 756.75 Sub -total Payments: 756.75 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -108 Statement No.: 11863 Page: 2 For Professional Services 15.00 For Disbursements Incurred 5.75 Current Balance: 20.75 Previous Balance: 1,198.22 Payments - Thank you 756.75 Total Due 462.22 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Parking Charge For Professional Services For Disbursements Incurred Current Balance: Previous Balance Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -109 Chase Manhattan v. Ramirez Statement No. 11864 Sub -total Expenses Total Due 12.00 12.00 To be properly credited, please indicate Statement Number on your remittance check. 0.00 12.00 12.00 0.00 0.00 12.00 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305)854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -110 Finance Director Forfeiture of 1988 Chevy Blazer City of South Miami 6130 Sunset Drive Statement No. 11865 City of South Miami, FL 33143 Hours Amount 7/1/2002 REC Obtained certified copy of Final Default Judgment. 0.75 15.00 Total Professional Services 15.00 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Total hours: 0.75 Expenses Mileage 1.50 Parking Charge 2.25 712/2002 Certified Copy 2.00 Sub -total Expenses: 5.75 Payments 7/15/2002 Payment Ck #37713 50.00 Sub -total Payments: 50.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -110 Statement No.: 11865 Page: 2 For Professional Services 15.00 For Disbursements Incurred 5.75 Current Balance: 20.75 Previous Balance: 850.25 Payments - Thank you 50.00 Total Due 821.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -111 South Miami Homeowners v. The Statement No. 11866 Legal research 166.71 Sub -total Expenses: 166.71 For Professional Services 0.00 For Disbursements Incurred 166.71 Current Balance: 166.71 Previous Balance: 10,604.75 Payments - Thank you 0.00 Total Due 10,771.46 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 1, 2002 Hakeem Oshikoya Matter ID: 0022 -112 Finance Director City of South Miami Forfeiture of 1987 Cadillac Sedan 6130 Sunset Drive Statement No. 11867 City of South Miami, FL 33143 Hours Amount 7/22/2002 EAB Meeting with Detective Wagner regarding new forfeiture; analyzed 3.30 330.00 police report and criminal history of claimant; prepared notice of seizure, complaint, motion and memorandum of law for preliminary probable cause; discovery requests, and verified affidavit; and telephone conference with Officer Robinson regarding process and execution of affidavit. 7/25/2002 JMP Picked up Officer Ryan Robinson's affidavit. 0.50 10.00 7/25/2002 JMP Picked up original signed copy of affidavit. 0.50 10.00 Total Professional Services 350.00 Rate Summary Eve A. Boutsis Jennifer M. Penichet Expenses 3.30 hours at $100.00 /hr 1.00 hours at $ 20.00 /hr Total hours: 4.30 330.00 20.00 Filing fee 215.00 Mileage 5.00 7/26/2002 Service of Process 35.00 Sub -total Expenses: 255.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -112 Statement No.: 11867 Page: 2 For Professional Services 350.00 For Disbursements Incurred 255.00 Current Balance: 605.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 605.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged V payment is not received w ithin 30 days. Y CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 1, 2002 Matter ID: 0022 -113 Forfeiture of 1991 Nissan 300zx Statement No. 11868 Rate Summary Eve A. Boutsis Jordan Braswell Jennifer M. Penichet Total hours: Expenses Filing fee 7/26/2002 Service of Process Total Professional Services 328.75 3.00 hours at $100.00 /hr 300.00 0.75 hours at $ 25.00 /hr 18.75 0.50 hours at $ 20.00 /hr 10.00 4.25 215.00 35.00 Sub -total Expenses: 250.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Hours Amount 7/22/2002 EAB Meeting with Detective Wagner regarding new forfeiture; analyzed 3.00 300.00 police report and criminal history of claimant; prepared notice of seizure, complaint, motion and memorandum of law for preliminary probable cause; discovery requests, and verified affidavit. 7/25/2002 JMP Picked up Office M. Ledesman's verified affidavit. 0.50 10.00 7/31/2002 JB Traveled to and from courthouse delivering package to Judge 0.75 18.75 Bernard Shapiro. Rate Summary Eve A. Boutsis Jordan Braswell Jennifer M. Penichet Total hours: Expenses Filing fee 7/26/2002 Service of Process Total Professional Services 328.75 3.00 hours at $100.00 /hr 300.00 0.75 hours at $ 25.00 /hr 18.75 0.50 hours at $ 20.00 /hr 10.00 4.25 215.00 35.00 Sub -total Expenses: 250.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -113 Statement No.: 11868 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 328.75 250.00 578.75 0.00 0.00 Total Due 578.75 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. $0U2T, U • INCORPORATED 1927 A, �ORIQ Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: September 3, 2002 and City Commission From: o Charles Scurr Re: Agenda Item City Manager Community Relations Board Appointment REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEE'S; APPOINTING LILLIE F. HARRIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The ,attached resolution sponsored by Mayor Robaina, appoints Lillian F. Harris to the Community Relations Board to serve for a two year term ending, September 3, 2004 or until a successor is duly, appointed and qualified. 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 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING LILLIE F. HARRIS TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board _[CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic,, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. 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 Lillian F. Harris to serve on the Community Relations Board. Section 2. The expiration date of this appointment shall expire August 20, 2004 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: CITY OF SOUTH MIAMI BOAR,DICOMMI TTEE APPLICA TION 6130 Sunset Drive Phone No. 303- 663 -6340 South Miami, FI_ 33143 ras No. 305- 663 -6318 1, Name: Lillie F. Harris (Please print) Z. Horne Address: Miami, Fl. 33143 3_ Business Address: 15001 S, W- 97t-h Avenue, Miami, Fl III 86 4. Home Phone No. ins - 666 -9468 Business Phone No. 5. Education Background: r_ w r.,=,ar —Bush G €adhate =lorlda —Abe N Offlue-r—ity — 'RarbeInr of gninnrq.Degr -ee F eement&Fy EdaGatlon --......and Szarial F.l„Cnrj0n- ee School Administration and G. Community Service: Supervision) SEE ATTACHMENT• 8. Are you h registered voter" Yes % No 9. Are you a resident of the City? Yes x No 1o. Do you have a business in the City'! Yes No 11. Ethnic Origin? Anglo American African American g Hispanic American Other g Signature Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 11200p COMMUNITY SERVICE /ORGANIZATION MEMBERSHIP Zeta Phi Beta Sorority, Inc. Member; Vice President & Scholarship Chairperson, 1994- 1998; Education Coordinator, Youth Coordinator, 1999 - present. Dade County Foster Grand Parent Program Advisory Board Evaluation Chairperson 1989-1992 Informed Families of Dade County, "Project Graduation - Volunteer 1990 - 1991. Greater Miami Inter- AIumni Council of the United Negro College Fund - Member and Volunteer 1994 - 1998. Bethel Baptist Full Gospel Church member and volunteer of the Hospitality Ministry, Youth Ministry, and Education Ministry. South Miami Development Action Committee Member, appointed by the Mayor of South Miami 1997 - Invitational visit with Governor jeb Bush and the Commissioner of Education, Tom Gallagher - to participate in 'Briefing on Educational and Children's Issues", Capital Hill, Tallahassee, Florida. April 20 - 21 1999. Cultural Affairs Council of South Miami, Inc., Member and Volunteer. Richmond Elementary- Community School Advisory Committee Member 1993 - 1998. The Richmond Perrine Optimist Club, South -Dade. Member and Volunteer 1990 - 1992. The Children's Psychiatric Center's All Aboard Program Volunteer 1993 - 1995. Parent /Teacher Associations (Several Srhonls) 1989 - 1999. Zeta of the Year Award 1994. Zeta Phi Beta Sorority, Inc. , Community Service Awards 1991, 1992, 1994, 1996, 1997. Certificate of Appreciation Award for Valuable Community Service by Dade County Commissioner, Arthur E. Teele Jr. Dade Partners School Volunteers Nominations Committee 19089 - 1991. "Dung Women's Christian Association of Greater Miami and Dade County, Inc., (YWCA), Volunteer Consultant 1987 - 1990. Women of Wisdom(W.O.W.) Program Volunteer, 1998 - 1999 Diamond Award For Community Service, Zeta Royal Assoc., Inc. 1999 Service to Youth Presidential Award, Zeta Phi Beta Sorority, Inc. 2001 T U • INcORPORATED 1927 ..t p R V V p'' Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: August 16, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager CRA Advisory Board Appointment REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROBERT J. LUSS TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD TO SERVE FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina, appoints Robert J. Luss to the Community Redevelopment Agency Advisory Board for a two year term ending August 20, 2004 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended. First National Ba of nk South Miami ROBERT J. LUSS EXECUTIVE VICE PRESIDENT 5750 SUNSET DRIVE ♦ SOUTH MIAMI, FL 33143 PHONE 305.662.5411 ♦ FAX 305.662.5404 E-MAIL RLUSS @FNBSM.COM 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, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROBERT J. LUSS TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD TO SERVE FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 18 -98 -1666, adopted by the City Commission established the City of South Miami's Community Redevelopment Agency Advisory Board; and WHEREAS, it is the Mayor and City Commission's desire to appoint - appropriate members to fill that Board. 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 Robert J. Luss to serve on the City of South Miami's Community Redevelopment Agency Advisory Board Section 2. The expiration date of this appointment shall expire August 20, 2004 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of '2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe Commissioner Feliu auutal IWASALll F l o r i d a 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: oasLa r L.. (Please Print) 2. Home Address: v5 og c 6w 9,z AvE APAJ04 j cAub �Xi 7 , . 3. Business Address: -1 � um T 1 - r 4. Home Phone No. 30 5- Z'Sli '0470 Business Phone No. "54 11 Fax No, 5. E -mail Address: <� iA 6. Education Background: 7. S. 1- nmmnni1-y CPr.arw Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic—)( African American _ Hispanic American_ Other Revised 9101 Date y" 7. Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR 0U�^ a INGORPORATED 192-7 27 'C p R 'It 4 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: August 16, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Code Enforcement Board Appointment REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ROSE HANING TO SERVE FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina, appoints Rose Haning to the Code Enforcement Board for ;a two year term ending August 20, 2004 or until a successor is duly appointed and qualified. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROSE HANING TO THE CODE ENFORCEMENT BOARD TO SERVE FOR A TWO YEAR TERM ENDING AUGUST 20, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; 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 desire to appoint Rose Haning to serve for a two year term on the Code Enforcement Board. This appointment shall expire August 20, 2004 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby appoints Rose Haning to the Code Enforcement Board. Section 2. The expiration date of this appointment shall expire August 20, 2004 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2002. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ever-striking. AUG -01 -2002 01:23 PM DALE HANING 3057404336 P,01 - _ -.a. s t U.t ■ ■ ■ li: .............. _ ..._.:.:......... ,f _. . A�tt%�. OYYLY lYIKY1l mot, f w U y I a r I d s r lost CITY OF SOUTH M/AM/ BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone Na 305- 663 -6340 ,youth ]Miami, FL 33143 Fax Na 305- 663 -6348 1. Name: AJ �� jPZ_41 print) 2. Home Address: o 3. Business Address: 4. Home Phone Nor30S'J:�- /3 3 Fax No. 5. E -mail Address: _k,• 6. Education Backg 7. Community Service: S. Are you it registered voter? 9. Are you a resident of the City? 10. Do you have a business in the City? =-V3 --n-- OUTS Yes No yes_ No Yes No 11. Ethnic Origin? Other White Non - Hispanic African American _ Hispanic American_ Other Signature2 Date 4 L_2,� e) Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Rembed SID) S0Ur�t INCORPORATED 1927 CORI'D Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: August 16, 2002 and City Commission From: Charles Scurr Re: Agenda Item 0 City Manager Junior Commission For Women Appt. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING SAMANTHA NEWMAN TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING AUGUST 20 2004 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina, appoints Samantha Newman to the Junior Commission For Women for a two year term ending August 20, 2004 or until a successor is duly appointed and qualified. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING SAMANTHA NEWMAN TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERM ENDING AUGUST 20 2004 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Samantha Newman to serve for a two year term on the Junior Commission For Women. Appointments shall expire August 20, 2004 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Samantha Newman to the Junior Commission For Women. Section 2. The expiration date of this appointment shall expire August 20, 2004 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: CITY OFSOUTIT A-'rTA III JUATIOR BOARDICOMMITTEEAPPLICATION 6130 Sunset Drhye Phone No. 305-663-6340 South Miami, FJ, 3_ ,1 Fax No. 305-663-6348 1. Name: am ao +k 6L AJ -9, ci M a y) (Please 1)1-111t) +L 2. Home Address: � (I - 6 U e- -o u 3. Name of 15 clN () n!: j r, W4 4. School Address:. U64 5. Home Plione Date of Birth: 6. E-mail T 71) 7. Are you i �7! r � ,, "- ! � F C, �, . Yes No 8. PLEASE A" .`A TO APPLICATION: Cap 19 'r n fi r,,o -om current or former teachers b. One, �)(',oion from an adult other than a family member C. Copy d. P nt least one extra-curricular activity. 9. Ethnic 011,--;* ' Whit American Hispanic American Signature_ Date A - Signature Date �r�w /� oZ• State of Florida County of Mian C. Sworn to (or afl s day of 2Q_O 1,-by Other (seal of Notary) Sidukure (1, lvc Prithed Name of Notary Nkemga Pare Personally knmi,F? Cation *W*My Commission CC$63309 Type of identi %,w�,,,,'.*4'Expires August 16, 2043 fic.�, REMAIN ON FILE FOR ONE YEAR 1,UA I'l ONS WILL NOT BE CONSIDERED To: South Miami Junior Women's Commission From: Kay Carpenter 6031 SW 49 Street Miami, FL 33155 365 -661 -4648 Re: Samantha Newman Date: 5/3/2002 I have known Samantha Newman since she was in kindergarten and feel that she would be an asset to the Junior Women's Commission. Besides being intelligent and having an analytical mind, Samantha has a unique ability to get along with people of all ages. I have often seen her mediate disputes and assist in compromises among her friends. She is a great listener but is also capable of contributing original ideas on any topic. Samantha is a focused student who works hard on assignments and does excellent school projects. In addition to her serious side, Samantha is lots of fun and has a great sense of humor. She can lift anyone from a bad mood in minutes and is one of the most likeable people that I know. Please feel free to contact me should you need additional information. April 22, 2002 To whom it may concern, I am writing on behalf of Samantha Newman, one of my former students. She has always strived to do her best in my class. Samantha shows great determination upon completing any task. Her class assignments and projects receive superior recognitions. She is growing into a bright mature young lady. Samantha would be an excellent Junior Commisioner, because of her good moral values and leadership qualities. She shows confidence and a strong ability in getting her point across. I highly recommend Samantha Newman for South Miami's Junior Commission. Sincerely yours, Leonor O. 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KDxm . 0 H 0 r o cNf G) o m (� a D O L o N Z 40 W O In -V . m N rl o N y G7 lov v � O m n =r 1 G) 3 o0 x m M Z W O � m A � O O o n � N 3Dxm TWO OCS Z -m Z"'(p ms0 o�c1 ..3r ^H0� Z U1"W En X TM O C -oo n W -1 wr w m WO O n N 8 QOS N In w vmv U'1 April 18,2002 To: Commissioner Mary Scott - Russell, & The Junior Women's Commission, Samantha Newman would be an asset to the Junior Women's Commission. Samantha is a very articulate, responsible and outgoing student. She gets along well with her peers and is respectful of authority. She has excellent communication skills, she is goal oriented and highly motivated. Her writing assignments in my class indicate that she is a soulful and compassionate individual with strong morals, ethics, and convictions. She scored a 6 on the FCAT essay this past fall. This was the only 6 scored in her class. The letter she wrote after the 9/11 tragedy was one of the best written in the school and was one of the letters chosen to be sent to the NY Post. For these reasons and more I would strongly recommend Samantha Newman for the Junior Commission. Sincerely, Ms Woodard Language Arts South Miami Middle School Extra - Curricular Activities Graduate of John Casablancas School of Modeling March 2000- September 2001 Phone 305 716 -0222 Eligible to take classes for life. Coral Gables Theatre Group September - March 2001 - Slippery When Zany Acting Camp, Tampa, Florida July — August 2001 Actors Playhouse, Coral Gables, Completed "Just Act" drama workshop. October — November 2001. Private coaching, Actors Playhouse January -March 2002. (To prepare for Drama Magnet Auditions ) Accepted into the South Miami High School Drama Magnet for the school year 2002 - 2003I A n 1 t, y �P W, ra 1 Tk� 00 lit of 14 IMP Ar s 4j 44 MIN", . is- NP- MIN . 0,7� AWA - ,\Nlxll -, Jm ev 1-1*.' 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I OQ a ••MO+H :D::) HOO aH co 0) x•10 00 OO NO O SC..�DS UJ in U. ..} ++N a) Ur17 CO-) x-07 M:z i•'H7 NH U- O I r4- 4 owl, M.4%, L1N\ ie•i\ LO\ SM• W V N cnw OlmWW (if (n 01-Zm Z) I Woo O Or 9%HSO tloda U N Mix Z®W 0 O� Ow a L. zaH _ w F-NW IL^ NHyny OW ONH a 1 Z 1 riNMO O G 1 W ~U Z lx aw OZWVF O F- F -wF-aH ZQ Z UE... LO U W 4W-Jow as J i6 -Q H= 1 J U JoWHM04 o ° °tH- acO.uai�o do: xazZZZ XO LU8 HH0 I U W I 460U8HU.Z a `a C H I W U W a 01 L Vm1 Q 61 i+ O W L3 :3 O0 U x EN Z cr,-+ I- +pICL. N I A N C -bm y H r10Ipp E M WD W �or*-OCI Z 0. W W 01+uiOO O R E =MO 01 Of�mpy C0 0 0 OOL p y'0�3}QLL OLO)LLOO W 1) Larla) M4J O 4i 0t Lr- I- ' XH 5. CWO10 p010 mm W Q 'a 0 0 0 W 10'a OA OM ^ 41 O U �UFLZZZ LF I OOriei�t�t # a `a C H I SOUTt O f►+ V • INCORPORATED 1927 FORS Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: September 3, 2002 and,City Commission Cl From: Charles Scurr /� /? Re: Agenda Item City Manager REQUEST Supporting the Historical Maritime Museum Concept of a Floating Museum A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE HISTORICAL MARITIME MUSEUM CONCEPT OF BRINGING A US NAVY SHIP TO BICENTENNIAL ` PARK'S SHORELINE AS A FLOATING MUSEUM; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina supports Miami -Dade Historical Maritime Museum's patriotic efforts of honoring the United States Navy and United States Coast Guard through the creation of a Living History Maritime Museum on the water with US Navy/US Coast Guard ships. A museum ship in Miami (US Navy or US Coast Guard or both) will offer the opportunity for education, including hands-on learning experiences and an exciting exploration of the premises; it will also offer economic benefits to the downtown, Bayside, and other areas, including employment opportunities for locals, and will promote more tourism in the area. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING 5 THE HISTORICAL MARITIME MUSEUM CONCEPT OF 6 BRINGING A US NAVY SHIP TO BICENTENNIAL PARK'S 7 SHORELINE AS A FLOATING MUSEUM; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami 11 recognize the important role Miami played in both wars and the 1962 Cuban 12 Missile crises; and 13 14 WHEREAS, Miami -Dade Historic Maritime Museum is a Non - Profit 15 Organization with a mission to found and promote a not for profit organization for 16 the collection, preservation and exhibition to the public of historical maritime and 17 aviation objects starting with World War II through the present; and 18 19 WHEREAS, a museum ship in Miami (US Navy or US Coast Guard or 20 both)- will offer the opportunity for education, including hands -on learning 21 experiences and an exciting exploration of the premises; it will also offer 22 economic benefits to the downtown, Bayside, and other areas, including 23 employment opportunities for locals, and will promote more tourism in the area; 24 and 25 26 WHEREAS, the City Commission supports the Miami -Dade Historical 27 Maritime Museum's patriotic efforts of honoring the United States Navy and 28 United States Coast Guard through the creation of a Living History Maritime 29 Museum on the water with US Navy/US Coast Guard ships; and 30 31 WHEREAS, the Mayor and City Commission call upon all municipalities 32 through Miami -Dade League of Cities to support Miami -Dade Historical Maritime 33 Museum in this patriotic undertaking. 34 35 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 37 38 Section 1. That the City Commission hereby support the Miami -Dade 39 Historical Maritime Museum's patriotic efforts of honoring the United States 40 Navy and United States Coast Guard through the creation of a Living History 41 Maritime Museum on the water with US Navy/US Coast Guard ships. 42 Additions shown by underlining and deletions shown by eierst#iking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Section 2. That the City Clerk is hereby directed to forward copies of this resolution to Miami -Dade League of Cities and the Miami -Dade Historical Maritime Museum. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of , 2002. Page 2 of 2 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: t 'ti's: irY >�••' � r• `M�.• P T',. IS .?i... ,:�' /%1 i.'11. • , • >1rt::.:h,i :�,r:, i. .fit ,M1 -00` , ir ,. �.rr�`•..,r ^•. `•:f"4' %'•,�,5„f'r•r,. y:. ". "", .' n /o.' ',•i,• o: r y$•sd,r, r. • ; yr i r'a.c z••p; ^.... , �� ..� �,.K' s D %„ J. a �.«Y.: ;.'• < (;: p , �..' ;�� r ,,r1� {,.: •'i ♦i �.r' � 4. ,��ppd ,eMf ��'' `,, ' �'.'�: ?:::, y��i � � `• 1� � �i 6 ",1"°;4,M � °' .- ..,� 4 . • a ` o-��;,e' _ e +I. sue, ¢ � .� t 1 • , y J�y� `1 ` 1',• S r i�,�r,� ' ,'1 •�, A y'. •,r, 4 i•' 1 Y Y A'.V v .°Y+"r, t..... "f, . w, a. ° a ,a k l� 7(•k� s.Y r'' < ° <ir �" ; f ' �,y' .R i�,w'�'" :•';. :�R ° ' 2:, r:5<yy� •L K;'<ify. ,. { ^�4. ,� , •�'�ha ). Y;'J '. ;<1y 7�i t,:% .�1.'Mf� �� , .• .'a,�'.'� ��b • t•y''♦ I X14 ..;aF.WWYY .ti �l .v I 6 E� Miami -Dade nistorica] Maritime Museum AUG-22-02 11:25 AM JIM.SNEDIGAR 3056675666 P.02 A L O rte, It. I rn 000- 7 krAl I s, ri M. I tog Iffiami-Dade T Historical Maritime Museum 1-41, min AUG -22 -02 11:25 AM JIM.SNEDIGAR FACT SHEET; 3056675666 Floatine historic Shio/Muycum on AAArcna side of Bicentennial Slia (Prepared specifically for the GMCC Military Affairs Council - July 10, 2002) Creating a Living History Maritime Museum on the water with US Navy/US Coast Guard shins P. 03 A priority is to secure the Bicentennial slip for visiting military vessels * /events and floating museum • Miami is only major US city on the water that does not have a museum ship • Miami has a rich ,maritime history that is not fully explored • Museum ship in Miami (US Navy or US Coast Guard or both) will offer the opportunity for education, including hands -on learning experiences and an exciting exploration of the premises • Will offer economic benefits to the downtown, Bayside, and other areas, including employment opportunities for locals, and will promote more tourism in the area • Museum ship near the Bicentennial Park (moored on the arena side of the slip) • Ship will not obstruct views across the water from the park • Bicentennial Park side will allow slip for visiting ships and maritime events • Can also be a part of the water -front walk -way project • Museum ship will be self- contained • Museum will be a member of the Historic Naval Ships Association, a global organization that supports the historic ships around the world • Museum will be a non - profit organization • Museum board working closely with county and city officials and existing museums to coordinate all efforts • Founder /Chairman has experience in this area and has established a similar museum in The Netherlands that operates without government subsidy * In 1988 the Bicentennial slip had 46 navy ships visits that created an economic impact in Miami and (lie immediate surroundings of 5.6 million USD For more information write to: Frans Boetes - FoundertChairman 5701 Maggiore Street Coral Gables, Florida 33146 ®CM Miami -Dade Historical M ritime Museum AUG -22 -02 11:26 AM JIM.SNEDIGAR 3056675666 P.04 11 mom gar Miami --Dade Historical Maritime Museum. �Ih Creating, Living History on Floating 1vMaseum Miami -Dade Historical Martime Museum Wsml -]lade Mstoric Maritime Massttm Is a Non Profit OraagUl lon and is a member of tbo Historic Naval Ships AwSlatlon The mts of the M DHMMuaeum is To fowid and promote a not for profit orgaiumtion for the collection, preservation and exhibition t4 the public of historical maritime and aviation objects (starting from WWII (ill the present) and information with a Taus on education and enlightenment. 11we will be a #pecaal progam far Doawtlum to our Nao Por Proles caul Maxib Ye "M1284 -Die MOM" MA'"w Ma®cmu." , And there will be also a Vacial proly m for Woap *U Raea'r+atiana for 0WOMrie6 available. An" Scrod ►eurlA Mhrabin AwI,04iav A Geeoue to KlM&UDE Fi1s!'tM EAAL MAKITINIK MUSEUM Fnw H. Bo" Fwq &OChairman 5701 Mtlgeorc Street B N S A Coral Gables, FL 33146 -2827 U.S.A ■aaroarc NAVAL Phone: 305- 799 -1143 aanra A981"AT R FAX 786. 268 -0969 AUG -22 -02 11:27 AM JIM.SNEDIGAR 3056675666 ►'h f 1 y to r- C fD ° � y C�6 M WW�� "''a°FFa C. 'ate `d Cap "`ro 01 PL .� C D 'n V) �� a C w o' n 0 .. fi 3,10 c� o � ybba '� �" a°° o 0 a CGC v p co N w TA. ~' CO3 4 tz vi c a Off. ' w ao my Q'� g s� o� b ° y In o o �a y° e. o W y F yy pp 7S 77 OR a� H 0.0 "w O 0. �� O:m a'�0 � •� o � o �� o �° TC c .. •� a, cr VV C D a t9 .. i vy� CD y t° h!' O G ... y :2. N N =' G. iii b7 UQ�� CD 0 � CD Cr s e H 1�+ D 0 V q 24 (EDP c i f° R" ?-- � _ �-cg pa as ° ° o n' p 'C •a G ,"�� `! ' 2 It O O O .(7i L/] (7 V� r � P. 05 O N a c c 0 d z AUG -22 -02 11:28 AM JIM.SNEDIGAR 3056675666 P.06 G R E A 't• F F1 21n„1 I ;4", ", f,'•,�r l•,.: '��`��, /`�i' a •. { "•''• ��: #�i q.I P', rte, bt ": i�(,� ev: rtii. +t 9. '� 1.�.., l "��' �� 5, �' )('•; r'4 MA�Rd'.'inG' 1, :\J I .'�Il •a5'i 'L'Q. .. !1 •.,19P y"I'�i "� ��+�d j� �� :1s "� �X� � Y.�aP�'F Ir•� %�,�:r �`�,91j:, •I§; ,•pi:, Alta'S °i ?p6 •R':'ik''. K "'' ':'• i . «�•: •.:•.::idhrS 5i1 r `f ,• :fj;.: '•''S'.7 CONVENTION & VISITORS BUREAU d�'�rr °i�rer r,: I;l+orf/b+ac.7y1 August 6 2002 Frans H. Boetes Chairman Miami -Dade Historical Maritime Museum 5701 Maggiore Street Coral Gables, Florida 33146 Dear Mr, Boetes: COPY Your proposal to create the first Historical Maritime Museum in Downtown Miami is an innovative concept that has the potential of being beneficial to our community in terms of it being an educational asset as well as complimenting our attractions portfolio which serves locals and visitors alike, The Greater Miami Convention & Visitors Bureau is supportive of the Historical Maritime Museum concept. The museum if successful, stands to be a win -win for our community. It stands to add to the synergy of the already begun project of rejuvenating Downtown and the Biscayne Boulevard corridor. We would be delighted to see this project come to fruition. Sincerely, William D. Talbert, III President & CEO 70" J r�� <r '' , Avd r o, Swit t 2700, KI;arn Florida 33131 t (si;,ia) fJ "'M,'' 3000, Fax (305) `,a;39, ': 11-3 i AUG-22-02 4-4 11:29 AM JIM.SNEDIGAR 3056675666 P.07 MA�y6k C/ T /14 1p /E,-? James 9V. Snediiar dissociates 7600 Red Road • Suite 302A eA South Miami, FL 33143 305-667-5666 j /U -s C r. r e- dA c7 Lam.. � � .�-, ��, _. �;. _ 7 IL -7; IVA C. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Honorable Mayor and City Commission From: Charles D. Scurr City Manager REQUEST Arm Date: August 27, 2002 Subject: Agenda Item # �� g Commission Meeting 9/03/02 Acceptance of a FRDAP grant for Dante Fascell Park A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP) GRANT IN THE AMOUNT OF $112,500; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Last year, the City of South Miami submitted a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection. This competitive program awards funds for the acquisition of new park lands and for the development of existing parks. In the past, the City has used FRDAP funds for other projects such as the development of Fuchs Park, the acquisition of the land for the All- America Park, and the installation of a new tot lot at Murray Park. Pursuant to its application, the City was awarded $112,500. This award will fund various improvements for Dante Fascell Park, including walkways and picnic facilities. These funds will enable the City to make the playground equipment and restroom facilities ADA compliant. The grant requires a match of $37,500, which will derive from a FEMA- awarded grant for the park's parking lot. The attached resolution would allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Your 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP) GRANT IN THE AMOUNT OF $112,500; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Recreation Development Assistance Program ( FRDAP) helps communities to meet their recreational needs; and WHEREAS, the City of South Miami submitted an application to obtain $112,500 toward the installation of ADA approved playground equipment, pavilion, restrooms, walkways, and other related support facilities at Dante Fascell Park; and WHEREAS, the Florida Legislature followed the recommendation of the Florida Department of Environmental Protection and awarded the City of South Miami the full $112,500, which the City will match with in -kind services and/or matching funds, with the matching funds coming from a FEMA award allocated for parking lot improvements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to accept a FRDAP grant in the amount of $112,500. Section 2. The City Manager is authorized to execute contracts and documents applicable to the acceptance of the FRDAP Grant. Section 3. This resolution shall take effect immediately upon arrival. 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: a ` F3518 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002 -03) - Development This Agreement is made and entered into this day of , 200_, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF SOUTH MIAMI, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D -5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D -5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Project Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Dante Fascell Park Improvements (Florida Recreation Development Assistance Program, FRDAP Project Number F03518), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the Page 1 of 11 development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre - reimbursement /Commencement Documentation Form, DEP Form FPS - A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Picnic facility, ADA playground, restroom, renovation of vita course, picnic pavilion, tennis court, handball court, parking and other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $112,500.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ $112,500.00 750 GRANTEE Match $ $ 37,500.00 250 Type of Match Cash, In -Kind Services, Land Value 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS -A037, referenced in s. 62D- 5.058(6)2(g), the DEPARTMENT will approve the request for payment. 6. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under Page 2 of 11 this agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at ( <http: / /www.dbf. state .fl.us /aadir /mainindex.html). 7. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 8. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D- 5.054(34) of the RULE) incurred by GRANTEE prior to execution of this Project Agreement as set forth in s.62D- 5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. Page 3 of 11 11. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre - reimbursement /Commencement Documentation Form, DEP Form FPS -A034, referenced in s. 62D- 5.058(6)(f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the DEPARTMENT by completing the Permitting Certification, FPS -A034, referenced in s. 62D- 5.058(7)(c) of the RULE. 13. This Project Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five -year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five -year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit -1, must be provided to the GRANTEE with each amendment which authorizes a Page 4 of 11 funding increase or decrease. summarize the funding sources for purposes of assisting the requirements of Attachment 1. revised copy of Attachment 1, the Department's FRDAP Grants request a copy of the updated The revised Exhibit -1 shall supporting the Project Agreement GRANTEE in complying with the If the GRANTEE fails to receive a Exhibit -1, the GRANTEE shall notify Administrator at 850/488 -7896 to information. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non - compliance with this Project Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional - pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self- insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non - expendable equipment is not authorized under the terms of this Agreement. Page 5 of 11 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT ,status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses Grantee's Grant Manager Department's Grant Manager Mr. Ralph Rosado Mary Ann Lee Assistant to the City Manager Dept. of Environmental Protection 6130 Sunset Drive 3900 Commonwealth Blvd., MS 585 South Miami, Florida, 33143 Tallahassee, Florida 32399 -3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the PROJECT the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this Project Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall Page 6 of 11 forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(1). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty -five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the RULE, the Project Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. Page 7 of 11 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this Project Agreement. 31. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487 -0915. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. Page 8 of 11 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1_324a(1)(A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. Page 9 of 11 40. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 41. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 -3000 DEP Gr nt /' /f4Rnager V Approved as to Form and Legality: This form has been pre - approved as to form and legality by Jerome I. Johnson,Assistant General Counsel, on July 26, 2002 for use for one year. DEP 42 -058 Revised 04 -05 -2002 Page 11 of 11 CITY OF SOUTH MIAMI i Person Authorized to Sign Printed Name Title Address: 6130 Sunset Drive South Miami, Florida 33143 Grantee Attorney SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP ", 7DEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. , The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: / /aspe.os.dhhs. ovg /cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55- 203 (02 -03) __ _ Pagel of 4 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audit Act website located at http: / /sun6. dms.state.fl.us /fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at hn: / /www.eog.state.fl.us / for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http: //w ww.leg.state.fl.us /, Governor's Website http: / /www.flQov.com /, Department of Banking and Finance's Website http: / /www.dbf.state.fl.us /, and the Auditor General's Website bttD://www.state.fl.us/aud�en. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection - Bureau of Design and Recreation Services - 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399 -3000 DEP 55 -203 (02 -03) Page 2 of 4 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399 -3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399 -3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 DEP 55 -203 (02 -03) _ Page 3 of 4 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399 -3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number of years) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP 55 -203 (02 -03) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 4 of 4 Q � � N Z.. ai of V) m m o LO) a Q 1° 6s@ (D =)7 (D O N 0. 4 rte, m v (D (D a .Q v n p o (D O. rt. Q (D h T1 S ID O fl (D � w n, (D n a, Q) FD o v rr =in° , Q O d n o (D 3 'o T� (D w 0n�. fll i-F Ln 3 (D �. L a (D rt 4Z o(D Lo v nn 3 Ln D� (D w '' (D n U' cn s� 3 Q CL O C 3 n Q N (D cr gD Q SL tea- Lt � fl. 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C: 0 r-� _ N un to C) D o c rt rt O D -p O Ln O to ,fir _A O, N 0 rt (D 7 O x W H M► C `v C (D �oFf O rt 3 to a— al a' @ (D X 3 H o C A A -n (D m coo H N �1 a � m a D O• Lo (D O rt (D c n 3 o �. rt o D C A 'O C 01 O rt fD 7 rt D H f�D 01 7 rt O n � O O Pr (D H tort rt I O' -e m rt S O. � rt G o D O L O D O ft rt' ID n� O r-r O rt G Lo e-r O p�' M 0 O 3 Im C A 3" 2 LO D tD c O m (n D O N m a = rt O pj (D fD rt o � _ x W H M► C mn M CL 0 Q CD 0. @ -t 3 —� al O C A -n fD (If m coo a @ �1 D a m m a � o rt T fD A c n 3 o �. rt o D C H C 01 O rt O S f�D 3 n � O O Pr (D H rt O' -e rt S O. G -n c O O D O c O rt D n� r-r O rt Lo e-r O p�' M 0 O x W H M► CITY OF SOUTH MIAMI. INTEL.- OFFICE MEMORANDUM T 0: Mayor and Commission DATE: September 3, 2002 FROM: Charles D. Scurr City Manager REQUEST: SUBJECT: Agenda Item # �� Comm. Meeting: 09 -03 -02 Street sign location change for South Miami Pioneers Burtshaw Avenue and Paul Tevis Road A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION 61 -02 -11410 TO HONOR SEVERAL CITY PIONEERS BY CO- NAMING SEGMENTS OF CITY STREETS AFTER THEM; PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT AND EFFECTIVE DATE BACKGROUND: Attached resolution No. 61 -02 -11410 was previously approved by the City Commission to co- designate street segments to honor several city pioneers. Miami -Dade County, after receiving copy of this resolution, advised that the proposed segment SW 62"d Avenue from 86th Street north to 72" Street is already designated as "Paul Tevis Road ", which extends up to SW 56th Street (Miller Road). Miami - Dade County recommended to name the segment of SW 62"d Avenue from SW 56th Street (Miller Road) north to SW 40th Street (Bird Road) as "Burthshaw Avenue ". In order to proceed with this change an amended resolution is required. RECOMMENDATION: It is recommended that the City Commission approve the street location change. ATTACHEMENTS: ❑ Proposed Resolution ❑ Resolution No. 61-02-114 1 0 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION 61 -02 -11410 TO HONOR SEVERAL CITY PIONEERS BY CO- NAMING SEGMENTS OF CITY STREETS AFTER THEM; PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT AND EFFECTIVE DATE WHEREAS, John F. Burtashaw; Harold and Robert W. Dorn, J. W. Dowling, W. A. Foster, John J. Hinson, Wilson A. Larkins, Regina Lawrence, Helen Miller Margolin, John Opsahl, Marshall Williamson J. L Yarborough, Paul Tevis were pioneering South Miami individuals who through their time, effort, and resources helped to develop, nurture and improve the city, and; WHEREAS, some of these individuals, in addition to being among the first settlers, were merchants and political figures who were important catalysts for the city's early economy, and; WHEREAS, the City and the community wish that these pioneers be honored and long remembered. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Resolution No. 61 -02 -14410 is hereby amended. The following street segments to be named after City pioneers by adding their name on the street sign, as written below, placed above the present street or avenue number. Street/Avenue boundaries ,SW 624- five — fFem 8t�' 72' d- S#eet-S W 62nd Ave — from Miller Drive northh to Bird Road (40th Street SW 59th Ave — US 1 to Snapper Creek SW 606' St. — to SW 6061 Avenue east SW 61St Ct. — SW 70th' Street to City Hall SW 68th St. — from SW 57th Ave. south to St. SW 69th Ave. SW 71St -US1 to SW 58th Ave. Name Street /Avenue - boundaries Name Burtashaw Avenue SW 58th Ave - US 1 to Snapper Creek Larkins Ave. Dorn Avenue SW 60th Ave - SW 62nd St to SW 66th St. Marshall Williamson Ave. Dowling Street SW 5861 Ct. - US to Snapper Creek Opsahl Ave. Foster Court SW 66th St. - from SW 57th Ave. south to Regina 67th Ave. Lawrence Street Hinson Street SW 69th St. - from SW 58th Pl. south to Yarborough SW 601 Avenue Street Margolin Street SW 2gd -Ave -- Tevis Drive to SW 40 t' Street (Bird SW 62nd Ave. from Miller Drive to SW 8761 Street Section 2. The City Manager is hereby authorized to submit a resolution to Miami -Dade County to authorize the street naming and proceed with the installation of new signs. The signs will be installed in different periods as determined by City Manager. Section 3. This resolution shall be effective immediately upon approval. Additions show by underlining and deletions shown by overstriking 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 PASSED AND ADOPTED this 3rd day of September, 2002. APPROVED: ATTEST: Ronneta Taylor, City Clerk Julio Robaina, Mayor READ AND APPROVED AS TO FORM CITY ATTORNEY Commission Vote: Mayor Robaina: Vice -Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: Additions show by underlining and deletions shown by overstriking RESOLUTION NO. 69 -02 -71410 A RESOLIJ f ION OF 1-HE MAYOR AND CITY COMMISSION OF T1 IL CITY OF SOUTH MIAM1, FLORCDA TO TIONOR SEVERAL CITY PIONEERS BY CO- NAMING SEGMENTS OF CITY STRT ;E'1 S AFTER THEM. AUTHORI7,INCr THE CITY MANAUF;R TO DISBIJRSL` THE SUM OF $5,600,00 TO MIAMI DADI? FOR THE iNSTAI,LATION OF SAID SIGNS AND CHARGING THE DISBURSEMENT "1 O ACCOUNT NO.001- 0000 -219 -1130, "HISTORIC PRESERVATION BOARD ACC:OIj: NT ". WHEREAS. John 1-, Hurtashaw, I laroid and Robert W. Dorn, .l. W. Dowling, W. A. Foster, John J. Hinson, Wilson A. Larkin, Regina Lawrence, Helen Miller Margolin, John Opsahl, Marshnll Williamson J. L Yarborough, Paul Tevis were pioneering South Miami individuals who through their time, ef't(srt, anti rssources helped to develop, nurture and improve the city, and-, WII -RFAS, some of these Individuals, in addition to being among the first settlers, were merchant: and political figures who were important catalysts for the city's early economy, and: WI IEREAS, the City and the community wish that these pioneers be honored and Jong remembered. NOW TI ICREFORE, he it RF,SOI.VF,D bv'the MAYOR AND CITY COMMISION of the CITY OF SOUTI i MIAMI, FLORIDA; Section I, I he following street segments to be named after City pioneers by adding their name on the street sign, as written below, placed above the present street or avenue number, Street /Avenue — houndaries Name Street/Aventic - boundaries Name SW,62 "d Ave - from 86"' Street south to Burtashaw Avenue SW 58 "' Ave - 1),51 to Snapper (rock Larkin Ave. 72"" Street SW 59'h Ave tIS i to Snapper Creek Dorn Avenve SW bt) °i Ave SW 62 "d St to S W 66`" St. Marshall Williamson Ave. SW 60 °' St. - to 5W 60"' Avenue east Dowling Street S\k' S8't' Ct. - US I to Snapper Creek Opsahl Ave. SW 6 t " Ct. - SW 70'h Street to City FIa11 Foster Court SW 66`h St. - from SW 57'^ Ave, south to Regina Lawrence 67'h Ave. Street SW 68't` St. - from SW 57'h A.ve. south to Hin,;nn Street SW ti9'4 St. - from SW 58'h Pl. south to Yarborough St. SW 69 th Ave. SW 64'h Avenue SW 71" - US I to S W ,58 "' Ave, Margolin Street SW 62 "d Ave. — from Sunset Drive. rnurth Tevis Drive to SW 40 Suect (Bird Road) Sec.ti,on ?. The City Manager is hereby authorized to submit a resolution to Miami -Dade County to authorize the street naming and proceed with the installation of new signs. The sips will he installed in different periods as dctermined by City! Manager. Section 3. The City. Manager bc, and is hereby authorized to disburse the sum of $5,600.00 to Miami- Dade County for the installation of said signs. Gl7__��lha !NH7G.�_E. i_ � •_:�_ h, -�.• . .,. _ -- Page 2 of Res. No. 61- 02- 11410 i Section, 4. This resolution stall be cfFectivc in uediawly upon approval. PASSED AND ADOPTED this 7`'` day of May. 2002. APPROVED: A P TEST: r . MAYOR CITY Y CLERK READ AND APPROVED AS TO FORM COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea tPiY ATT04ZNEY Commissioner Wiscombe: Yea i `• I vi-,� Hums jE ,�iii ? E . N39, U INCORPORATED 1927 Rt0 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: August 20, 2002 City Commission L From: Charles Scurr RE: Waiver of Plat request for City Manager 5780 SW 82 "d Street REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 5780 SW 82ND STREET, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: On July 25, 2002, an Application for Waiver of Plat was applied 'by the owner of the property Mr. David Cabarrocas, in order to divide a tract of land described as property folio 09 4036 039 0740, located at 5780 SW 82 "a Street. LEGAL DESCRIPTION: SEE ATTACHMENT "A ". ANALYSIS: The proposed waiver of plat would create two single residential properties, zoned RS -3 "Low Density Residential," located at 5780 SW 82 "d Street. The two parcels at this location are consistent with the RS -3 "Low Density Residential" zoning on the north, the south, the east and the west. The proposed wavier of plat is creating tracts that are larger than required by the land development regulations for RS -3 and surrounding properties as well. Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single - Family District are as follows: Waiver of Plat — 5780 SW 82nd Street August 20, 2002 Page 2 of 3 ZONING SUMMARY for Parent Tract (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Lot size: 22,620 s.f. Minimum lot size 10,000 s.f. required. (d) Building Frontage: 155 feet, Minimum frontage 75 feet required.. ZONING SUMMARY for Parcel L• (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Minimum Lot Size: 11,174.74 s.f. proposed, Minimum lot size 10,000 s.f. required. (d) Building frontage: 77.5 feet proposed, Minimum frontage 75 feet required. Currently Parcel I has all of the existing one -story structure, to be demolished, on the subject property. An existing pool shall remain. The property shall front and be accessible through SW 82nd Street. ZONING SUMMARY for Parcel II: (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single- Family (c) Minimum lot size: 11,308.91 s.f. proposed, Minimum lot size 10,000 s.f. required. (d) Building frontage: 77.5 feet proposed, Minimum frontage 75 feet required. The property shall front and be accessible through SW 82nd Street. Note that two large Oak trees are located on Parcel II. It is the intention of the developer to retain the Oak trees, and the applicant will present a proposed site plan indicating such. A condition of approval should be the retention of the two Oak trees. Waiver of Plat — 5780 SW 82nd Street August 20, 2002 Page 3 of 3 APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 Dimensional Requirements • Section 20- 4.2(b) Land Subdivision Regulations • Section 20 -4.1 Adequate public facilities Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Dade County Code • Chapter 28 -4 Subdivision Regulations RECOMMENDATION Staff recommends approval of the request, subject to the retention of the two Oak trees on Parcel II. The applicant shall comply with the City's tree removal /relocation requirements. The proposed project will not adversely affect the health or safety of persons residing in the vicinity of the waiver of plat, and will not be detrimental to the public welfare or property or improvements in the neighborhood. i Any approval of this request is subject to County review and approval, and compliance with the City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1 adequate public facilities of the Land Development Regulations. Attachments: Attachment "A" Property Survey Site plan CS /RGL/LCH/SCY \ \\MCGRUFF\PLANNING \Waiver of Plat \WAIVEROF PLAT 5780 SW 82nd Street.doe RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 5780 SW 82ND STREET, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr. David M. Cabarrocas, owner of the property at 5780 SW 82nd Street, submitted an application requesting a waiver of plat, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations; and, WHEREAS, Planning staff has recommended approval of the application for said waiver, which is based upon (a) the merits of the application as it relates to requirements in the Land Development Code and (b) the application's consistency with the City's adopted Compressive Plan; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire waive the requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision Regulations; and, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by Mr. David M. Cabarrocas, requesting a waiver of plat, for the property legally described in Section 2, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations and, is granted. Section 2. LEGAL DESCRIPTIONS PARENT TRACT: The West 155 Feet of the North 145.94 Feet of Tract 18, Subdivision Revised Plat of a portion of the amended Plat of Palm Miami Heights, according to the Plat thereof as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. Having an area of 22,483.65 square feet, more or less, gross. LOT l: The West 155 Feet of the North 145.94 feet of tract 18, subdivision revised Plat of a portion of the amended Plat of Palm Miami Heights, less the East 77.50 feet. According to the Plat thereof as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. Having an area of 11,174.74 square feet, more or less, gross. LOT 2: The East 77.50 of the West 155 feet of the North 145.94 feet of tract 18, subdivision revised Plat of a portion of the amended Plat of Palm Miami Heights. According to the Plat thereof as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. Having an area of 11,308.91 square feet, more or less, gross. Section 3. Drawings submitted by the applicant, as part of the record for this City Commission meeting prepared by Walter E. Venega, Professional Land Surveyor, No. 3106, dated May 25, 2002, shall be the guiding plan for development. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 20th day of August, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu Commissioner Bethel: CITY ATTORNEY Commissioner Wiscombe: CS /RGL /LCH /SCY K: \Waiver of Plat \WAIVEROFPLAT5780 SW 82nd Street; Resol.doc ATTACHMENT "A" LEGAL DESCRIPTION: PARENT TRACT: The West 155 Feet of the North 145.94 Feet of Tract 18, Subdivision Revised Plat of a portion of the amended Plat of Palm Miami Heights, according to the Plat thereof as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. Having an area of 22,483.65 square feet, more or less, gross. LOT 1: The West 155 Feet of the North 145.94 feet of tract 18, subdivision revised Plat of a portion of the amended Plat of Palm Miami Heights, less the East 77.50 feet. According to the Plat thereof as recorded in Plat Book 43; at page 37 of the Public Records of Miami -Dade County, Florida. Having an area of 11,174.74 square feet, more or less, gross. LOT 2: The East 77.50 of the West 155 feet of the North 145.94 feet of tract 18, subdivision revised Plat of a portion of the amended Plat of Palm Miami Heights. According to the Plat thereof as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. Having an area of 11,308.91 square feet, more or less, gross. K: \Waiver of Plat \WAIVEROF PLAT 8375 SW 58 Avenue; Resol.doc ��l City of South Miami Im Planning & Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305)663-6327 Telefacsimile: (305)666 -4591 Application For Waiver of Plat Address of Subject Property: ) oL 5780 S. ul._ gam-- -sT ----------- , Lot(s) L:- Block Subdivision L �q iPB - -z =-,3-7 �Er�s Meets Bounds: Zoning District: - - - - - - - -- - - - - -- Applicant: Phone. Net Lot Area(s): ,'7, 6zo. 70 S - ,qv1D 6 lze2 S (3 06-) 6 &2,• �POq Representative: Organization: ----------------- ------- Address: ---------- SY14 s.G�1, 5' / 9T. 190U7W /YMIAmt Phone. F4.; _.. QS) --- - - - - -- 2 • ��Lc��o Property Owner. , Signature: -� - - -- 3 '- --- - - - - -- Mailing Address: Phone S'T, 140 J=k .3 `purveyor: Phone saga a a - a x a a AS THEAPPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT a " }Owner Owners Representative _Contract to purchase !Option to purchase �T nantl',essee a---.— - Please answer the following: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY Zpplication Form /Warranty Deed(s; 1� Letter from Owner(s) _ Power of attorney Contract to purchase _ Waiver of Plat (22 copies) Signed & Sealed by a Registered Surveyor Required Fee(s) Zoning District: Septic Tank or Sewer SELyE Public or Well Water Supply fw,g,t, / ,g7-6,r? 5 t�PPI. Lot Frontage(s): r • X i 4L6, q Net Lot Area(s): ,'7, 6zo. 70 S Setbacks for Existing Building(s): Existing Building Coverage(s): Existing Impervious Coverage(s): F.A.R. (For Commercial Only): Abutting Streets / Right -of- way's: S,w, 9Z 67-. S•cv. ,9 The undersigned has re this completed application and represents that the information and all submitted materials are true and �r�rrr�'ct of tI licant's knowledge and belief. WA�16;;V 'L7Z410 7, Applicant's Sr <'n, Idtitl Date I!pon receipt. applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed _ City ApproN al__ ____ County Approval Concurrent Method of Payment July 25'x', 2002 City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 5780 S. W. 82nd Street South Miami, FL v 4 To Whom It May Concern: r We intend to divide the above referenced property, measuring 155ft. x 145.94ft, into two equal and separate lots, each to measure 77.5ft. x 145.94ft. The lots will oth face S.W., 82nd Street to the North. The lots comply with required minimum size stdndafds an &,�zill' not need any variance. a ; We will comply with all City of South Miami Ordinances as well as Miami -Dade County, Building and Zoning Ordinances in constructing two single - family residences on thes® .... . two lots. We will also be responsible for extending and improving the abu ttin ` j p g p g g lttilitiPs as required by Miami -Dade Water & Sewer Department. 2 y r 3 If you have any questions, please do not hesitate to contact me Sincerel - T David M. Cabarrocas Owner 5814 S. W. 81s` Street South Miami, Florida 33143 (305) 662 -6499 (305) 216 -1800 m�. South Miami sour All- AmeficaCity INCORPORATEQ � 1 927. O RYA 21)01 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor '& Date: September 3, 2002 City Commission From: Charles Scurr RE: Waiver of Plat request for City Manager g1640 11or 5780 SW 82 "d Street REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE' CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 5780 SW 82ND STREET, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: On July 25, 2002, an Application for Waiver of Plat was applied by the owner of the property Mr. David Cabarrocas, in order to divide a tract of land described as property folio 09 4036 039 0740, located at 5780 SW 82"d Street. LEGAL DESCRIPTION: SEE ATTACHMENT "A ANALYSIS: The proposed waiver of plat would create two single residential properties, zoned RS -3 "Low Density Residential, located at 5780 SW 82 "d Street. The two parcels at this location are consistent with the RS -3 "Low Density Residential" zoning on the north, the south, the east and the west. The proposed wavier of plat is creating tracts that are larger than required by the land development regulations for RS -3 and surrounding properties as well. Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single - Family District are as follows: Waiver of Plat — 5780 SW 82nd Street September 3, 2002 Page 2 of 3 ZONING SUMMARY for Parent Tract (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Lot size: 22,620 s.f. Minimum lot size 10,000 s.f. required. (d) Building Frontage: 155 feet, Minimum frontage 75 feet required. ZONING SUMMARY for Parcel L• (a) Zoning Designation: RS -3 "Low Density Residential" (b) 'Use: Single - Family (c) Minimum Lot Size: 11,174.74 s.f. proposed, Minimum lot size 10,000 s.f. required. (d); Building frontage: 77.5 feet proposed, Minimum frontage 75 feet required. Currently Parcel I has all of the existing one -story structure, to be demolished, on the subject property. An existing pool shall remain. The property shall front and be accessible through SW 82nd Street. ZONING SUMMARY for Parcel II: (a) Zoning Designation: RS -3 "Low Density Residential" (b)''!Use: Single - Family (c),Minimum lot size: 11,308.91 s.f. proposed, Minimum lot size 10,000 s.f. required. (d) Building frontage: 77.5 feet proposed, Minimum frontage 75 feet required. The property shall front and be accessible through SW 82nd Street. Note that two large Oak trees are located on Parcel II. It is the intention of the developer to retain the Oak trees, and the applicant will present a proposed site plan indicating such. A condition of approval should be the retention of the two Oak trees. Waiver of Plat — 5780 SW 82nd Street September 3, 2002 Page 3 of 3 APPLICABLE REGULATIONS Land Development Code • Section 20 -3,5 Dimensional Requirements • Section 20- 4.2(b) Land Subdivision Regulations • Section 20 -4.1 Adequate public facilities Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Dade County Code • Chapter 28 -4 Subdivision Regulations RECOMMENDATION Staff recommends approval of the request, subject to the retention of the two Oak trees on Parcel Il. The applicant shall comply with the City's tree removal /relocation requirements. The proposed project will not adversely affect the health or safety of persons residing in the vicinity of the waiver of plat, and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any approval of this request is subject to County review and approval, and compliance with the City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1 adequate public facilities of the Land Development Regulations. Attachments: Attachment "A" Draft Resolution Property Survey Site plan L CSiRGL /LCH/SCY \ \\MCGRUFF \PLANNING \Waiver of Plat \WAIVEROF PLAT 5780 SW 82nd Street.doc 1 2 3 4 5 6 7 8 9 ATTACHMENT "A" 10 11 LEGAL DESCRIPTION: 12 13 PARENT TRACT: 14 The West 155 Feet of the North 145.94 Feet of Tract 18, Subdivision Revised Plat of a portion of 15 the amended Plat of Palm Miami Heights, according to the Plat thereof as recorded in Plat Book 16 43 at page 37 of the Public Records of Miami -Dade County, Florida. 17 18 Having; an area of 22,483.65 square feet, more or less, gross. 19 20 LOT 1: 21 22 The West 155 Feet of the North 145.94 feet of tract 18, subdivision revised Plat of a portion of 23 the amended Plat of Palm Miami Heights, less the East 77.50 feet. According to the Plat thereof 24 as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. 25 26 Having; an area of 11,174.74 square feet, more or less, gross. 27 28 LOT 2: 29 30 The East 77.50 of the West 155 feet of the North 145.94 feet of tract 18, subdivision revised Plat 31 of a portion of the amended Plat of Palm Miami Heights. According to the Plat thereof as 32 recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. 33 34 Having; an area of 11,308.91 square feet, more or less, gross. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 K: \Waiver of Plat \WAIVEROF PLAT 8375 SW 58 Avenue; Resol.doe I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF 6 PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT 7 CODE AND SECTION 28 -4 OF THE! COUNTY CODE, REGARDING THE 8 PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," 9 LOCATED AT 5780 SW 82N�D STREET, SOUTH MIAMI FLORIDA 33143; 10 PROVIDING FOR A LEGAL DESCRIPTION AND PROVIDING FOR AN 11 EFFECTIVE DATE 12 13 WHEREAS, Mr. David M. Cabarrocas, owner of the property at 5780 SW 82nd Street, 14 submitted an application requesting a waiver of plat, pursuant to Section 20- 4.2(b) of the Land 15 Subdivision Regulations; and, 16 17 WHEREAS, Planning staff has recommended approval of the application for said waiver, 18 which is based upon (a) the merits of the application as it relates to requirements in the Land 19 Development Code and (b) the application's consistency with the City's adopted Compressive 20 Plan; and, 21 22 WHEREAS, the Mayor and City Commission of the City of South Miami desire waive 23 the requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision 24 Regulations; and, 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The application submitted by Mr. David M. Cabarrocas, requesting a waiver of 30 plat, for the property legally described in Section 2, pursuant to Section 20- 4.2(b) of the Land 31 Subdivision Regulations and, is granted. 32 33 34 Section 2. LEGAL DESCRIPTIONS PARENT TRACT: 35 36 37 The West 155 Feet of the North 145.94 Feet of Tract 18, Subdivision Revised Plat of a portion of 38 the amended Plat of Palm Miami Heights, according to the Plat .thereof as recorded in Plat Book 39 43 at page 37 of the Public Records of Miami -Dade County, Florida. , 40 41 42 43 44 45 46 47 48 49 50 Having; an area of 22,483.65 square feet, more or less, gross. 1,nT 1 The West 155 Feet of the North 145.94 feet of tract 18, subdivision revised Plat of a portion of the amended Plat of Palm Miami Heights, less the East 77.50 feet. According to the Plat thereof as recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. Having; an area of 11,174.74 square feet, more or less, gross. 1 LOT 2: 2 3 The East 77.50 of the West 155 feet of the North 145.94 feet of tract 18, subdivision revised Plat 4 of a portion of the amended Plat of Palm Miami Heights. According to the Plat thereof as 5 recorded in Plat Book 43 at page 37 of the Public Records of Miami -Dade County, Florida. 6 7 Having an area of 11,308.91 square feet, more or less, gross. 8 9 Section 3. Drawings submitted by the applicant, as part of the record for this City 10 Commission meeting prepared by Walter E. Venega, Professional Land Surveyor, No. 3106, ii dated May 25, 2002, shall be the guiding plan for development. 12 13 Section 4. This resolution shall take effect immediately upon approval. 14 15 PASSED AND ADOPTED this 20th day of August, 2002. 16 17 18 ATTEST: APPROVED: 19 20 21 CITY CLERK MAYOR 22 23 Commission Vote: 24 READ AND APPROVED AS TO FORM: Mayor Robaina: 25 Vice Mayor Russell: 26 Commissioner Feliu 27 Commissioner Bethel: 28 CITY ATTORNEY Commissioner Wiscombe: 29 30 31 CS /RGL /LCH /SCY 32 K: \Waiver of Plat \WAIVEROF PLAT5780 SW 82nd Street; Resol.doc 33 34 35 36 37 38 39 40 41 42 MEMORANDUM To: Honorable Mayor, Vice Mayor Date: September 3, 2002 and City Commission From: Charles Scurr Re: Agenda Item r3 City Manager Calling Special Election for November 5, 2002 REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL UN- EXPIRED TERMS OF THE MAYOR AND CITY COMMISSIONER FOR GROUP II; SCHEDULING THE DAY, PLACE AND TIME OF THE SPECIAL ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached ordinance on for seconded reading and public hearing schedules a Special Election in conjunction with Miami - Dade County's General Election being held on Tuesday, November 5, 2002. The purpose of this Special Election is to elect a Mayor and a Commissioner from Group II to fill unexpired terms vacated by Mayor Julio Robaina and Commissioner Horace G. Feliu. The qualifying period for this Special Election is scheduled for Tuesday, September 24., 2002 and closing precisely at 3:00 p.m., on Friday, September 27, 2002. Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. Miami -Dade County Supervisor of Elections is authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this ordinance. The Miami -Dade County Canvassing Board in accordance with the provisions of applicable Election laws shall canvass the results of this Special Election. RECOMMENDATION Approval is recommended. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE . CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL 5 ELECTION TO FILL UN- EXPIRED TERMS OF THE MAYOR AND 6 CITY COMMISSIONER FOR GROUP II; SCHEDULING THE DAY, 7 PLACE AND TIME OF THE SPECIAL ELECTION; PROVIDING FOR 8 QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF 9 ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; 10 PROVIDING FOR NOTIFICATION PROVIDING FOR 11 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, Mayor Julio Robaina has qualified for the District 15 117 House of Representative Seat for the'State of Florida; and 16 17 WHEREAS, on July 12, 2002 Mayor Julio Robaina submitted his 18 irrevocable letter of resignation as Mayor of the City of South 19 Miami, effective November 6, 2002, thus creating a vacancy in 20 the office of Mayor for an un- expired term ending February 10, 21 2004; and 22 23 WHEREAS, Subsequently Commissioner Horace G. Feliu 24 announced his candidacy for the office of Mayor of the City of 25 South Miami and submitted a irrevocable letter of resignation 26 effective ,November 6, 2002, thus creating a vacancy in the 27 office of Commissioner for Group II for an un- expired term 28 ending February 10, 2004 and 29 30 WHEREAS, Section 99.012 (3)(f), Florida Statutes, does 31 provide that a vacancy created by a resign to run scenario 32 allows charter counties, such as Miami - Dade, to fill the vacancy 33 in a manner provided by the county charter. However, where the 34 timing is such that an election can be held to coincide with a 35 regularly scheduled election cycle, there should and will be an 36 election. This is also in accord with Spector v. Glisson, 305 37 So. 2d 777 (Fla. 1974); and 38 39 WHEREAS, the City Commission wish to schedule a Special 40 Election for the purpose of electing a Mayor and a Commissioner 41 for Group II for un- expired terms ending February 1.0, 2004, to 42 be held in conjunction with Miami -Dade County's General Election 43 being held on Tuesday, November 5, 2002. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 46 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Additions shown by underlining and deletions shown by er,er-stfilc- g 1 2 Section 1. The City of South Miami will hold, in 3 conjunction with Miami -Dade County, a Special Election to be 4 held on Tuesday, November 5, 2002. On that date, a mayor will 5 be elected to serve an un- expired term created by a vacancy and 6 ending February 10, 2004, one (1) Commissioner will be elected 7 to serve the un- expired term created by a vacancy in Group II, 8 ending February 10, 2004. 9 10 Section 2. The qualifying period for this election 11 shall open Tuesday, September 24, 2002 and close Friday, 12 September 27, 2002, precisely at 3:00 p.m. Candidates shall 13 qualify at the office of the City Clerk, 6130 Sunset Drive, 14 South Miami, Florida. 15 16 Section. 3. Voting shall be conducted as prescribe by 17 Miami -Dade County precinct rolls as: 18 19 Precinct 606 South Miami American Legion #31 20 7710 SW 59t" Avenue 21 22 Precincts 620 & 651 David Fairchild Elementary School 23 5757 SW 45t" Street 24 25 Precinct 621 1St United Methodist Church of South Miami 26 6565 Red Road 27 28 Precincts 622 & 652 Palmetto Presbyterian Church 29 6790 'SW 56t" Street 30 31 Precinct 623 1St Baptist Church of South Miami 32 6767 SW 72nd Street 33 34 Precincts 642 & 653 South Miami /Coral Gables Elks Lodge #1676 35 6304 SW 78t" Street 36 37 Section 4. That Absentee Ballots shall be paper ballots 38 that are hand counted. 39 40 Section 5. The official ballot for the 2002 special 41 election is annexed to this ordinance. 42 43 Section 6. The City Clerk shall publish notice of such 44 special election once a week for four consecutive weeks next 45 preceding the special general election in a newspaper of general 46 circulation in South Miami. The notice shall contain the date, Additions shown by underlinin and deletions shown by ei, e. s*J�. i; 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 time, and place of the general election and identify the commission groups to be voted for. Section 7. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until October 7, 2002, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 8. Miami -Dade County Supervisor of Elections is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Ordinance. Section 9. This Special Election shall be canvassed by the County Canvassing Board in accordance with the provisions of the general election laws. Section 10. If ai of this ordinance is unconstitutional by a holding shall not affect of this ordinance. Ly section, clause, sentence, or phrase for any reason held invalid or court of competent jurisdiction, the the validity of the remaining portions Section 11. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 12. This ordinance shall take effect immediately upon approved PASSED AND ADOPTED this day of 2002. ATTEST: ITY CLERK 1'st Reading - August 21, 2002 2nd Reading September 3, 2002 READ AND APPROVED AS TO FORM: CITY ATTORNEY 1 Y s s MAYOR COMMISSIONER VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Wiscombe: Commissioner Bethel :' Additions shown by underlining and deletions shown by evefstfiking. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ELECTION BALLOT CITY OF SOUTH MIAMI SPECIAL ELECTION NOVEMBER 5, 2002 MAYOR'S RACE There is hereby elected a Mayor for the City of South Miami to serve for an un- expired term ending February 10, 2004. Vote for one (1) COMMISSIONER RACE - GROUP II There is hereby elected a Commissioner for the City of South Miami from Group II to serve for an un- expired term ending February 10, 2004. Vote for one (1) Additions shown by underlining and deletions shown by eveFstt g _ _ - Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & City Commission From: Charles Scurr City Manager Date: September 3, 2002 ITEM No. 14 Re: Special Use Approval 6136 S. Dixie Highway Auto Accessories in GR 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 ACCESSORIES AND PARTS STORE IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY SUMMARY OF REQUEST: The applicant is requesting a Special Use Approval to operate an automotive accessories and parts store at the above referenced location. An automotive accessories and parts store is permitted in the "GR" zoning district as a special use and subject to certain conditions. The applicant's letter of intent states that the business will specialize in the installation of custom wheels and rims for luxury type vehicles. GENERAL CONDITIONS APPLICABLE: 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 conditions 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. STAFF OBSERVATIONS: (1) An automobile accessories and parts store is permitted in the "GR" General Retail zoning district as a special use and subject to certain conditions. (2) The automobile accessories store will occupy an existing one story building which will be renovated. The building will have approximately 2190 sq. ft. of floor area. The previous retail tenant, an auto repair store, occupied and used the same floor area. The off street parking requirement is the same for both uses, therefore the existing parking (5 spaces) is sufficient to meet the auto accessories store's parking requirement ( grandfathered ). (3) The applicant has stated that the business will not generate air or chemical pollution, and Special Use Approval Auto Accessories September 3, 2002 Page 2 , there will be no tire disposals. The applicant further states that of the art computerized machines will result in zero noise levels. (4) Due to the specialized work performed, only 4 or 5 vehicles will be worked on per week. (5) The store's hours of operation will be Monday thru Friday, 9:00 am to 5:00 pm., and on Saturday 9:00 am to 2:00 pm. The business will be closed on Sunday. (6) Due to overall congestion in this area and limited external space of the property, all on site servicing of vehicles should be conducted only inside the building. In addition, vehicles being serviced and remaining overnight on the property should be stored inside the building. PLANNING BOARD ACTION The Planning Board at its August 13, 2002 meeting recommended approval of the application with special conditions to assure that automobile servicing and storage must be inside the building. The motion to approve was made by Mr. Illas and seconded by Mr. Comendeiro. The motion was adopted by a vote of 6 ayes 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 accessories and parts store at 6136 South Dixie Highway be approved with the following conditions: 1) Servicing of automobiles shall only be allowed inside the building; 2) Automobiles remaining on the property overnight shall be stored inside the building; 3) If the subject auto accessories and parts store 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. Attachments: Draft resolution Application Location Map Letter of intent Property survey Planning Board Minutes 8 -13 -02 Copies of Public notices Site Floor Plans CS/RGL /SAY R \Comm Items\2002 \9 -3 -02 \Special Use Auto Accessories Report.doc 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 ACCESSORIES AND PARTS STORE IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY. WHEREAS, Miami Auto Salon, Inc. has submitted an application for a special use to allow an automobile accessories and parts store to be located in the "GR" General Retail zoning district specifically at 6136 South Dixie Highway; and WHEREAS, an automobile accessories and parts store is allowed as a special use in the "GR ", General Retail zoning district subject to meeting general conditions specified in the LDC Section 20 -5.8; 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 August 13, 2002 the Planning Board, after public hearing, voted 6 -0 to recommend approval with conditions 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 automobile accessories and parts store to be located in the "GR" General Retail zoning district specifically at 6136 South Dixie Highway is hereby approved subject to the following conditions: (1) Servicing of automobiles shall only be allowed inside the building; 2) Automobiles remaining on the property overnight shall be stored inside the building; 3) If the subject auto accessories and parts store is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working (2) 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 of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY "C• /_ b. MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: 1 2 3 RESOLUTION NO. 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO 7 SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR 8 SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE 9 ACCESSORIES AND PARTS STORE IN THE "GR GENERAL RETAIL 10 ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH 11 DIXIE HIGHWAY. 12 13 14 15 WHEREAS, Miami Auto Salon, Inc. has submitted an application for a special use to allow an 16 automobile accessories and parts store to be located in the "GR" General Retail zoning district 17 specifically at 6136 South Dixie Highway; and 18 19 20 WHEREAS, an automobile accessories and parts store is allowed as a special use in the "GR ", 21 General Retail zoning district subject to meeting general conditions specified in the LDC Section 20 -5.8; 22 and 23 24 WHEREAS, the approval of a special use requires a recommendation from the Planning Board 25 and the approval of the City Commission after a public hearing; and 26 27 28 WHEREAS, on August 13, 2002 the Planning Board, after public hearing, voted 6 -0 to 29 recommend approval with conditions of the special use request; and 30 31 32 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 33 recommendation of the Planning Board. 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 37 THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 40 Section 1: That an application for special use to allow an automobile accessories and parts store to be 41 located in the "GR General Retail zoning district specifically at 6136 South Dixie Highway is hereby 42 approved subject to the following conditions: 43 44 (1) Servicing of automobiles shall only be allowed inside the building; 45 46 2) Automobiles remaining on the property overnight shall be stored inside the building; 47 48 3) If the subject auto accessories and parts store is, in the future, determined by the Director of 49 Planning & Zoning, to be adversely affecting the health or safety of persons residing or working 1 (2) 2 3 4 in the vicinity of the proposed use, to be detrimental to the public welfare or property or 5 improvements in the neighborhood, or to be not in compliance with other applicable Code 6 provisions, the special use approval may be modified or revoked by the City Commission upon 7 notification and public 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 92002. 15 16 17 18 ATTEST: APPROVED: 19 20 21 CITY CLERK MAYOR 22 23 Commission Vote: 24 READ AND APPROVED AS TO FORM: Mayor Robaina: 25 Vice Mayor Feliu 26 Commissioner Bethel: 27 Commissioner Russell 28 Commissioner Wiscombe: 29 CITY ATTORNEY 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 City Of South Miami Planning & Zt ninl g Depatrtment City Hall, 6150 Sunset Dove, South iMraml, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 546.091 Application For Public Hearing Before Planning Board & City Commission Address c fMbject- Property: j . ;� i , Lot(s) Block : _ Subdivision Pe �.2.•.r.( Maots & &x:nds: Applicant.:f.- s Phors: -��- -- Representatw® Organ tion: 1 ? S ? v Address: Phone: Property Owner. � f, � � �� SignaturtK: j�11 Meiling Address: � Nt'a0µ, r Phone: � s F� ' y � /j 2 � � � t' 2 C'� � i �� v .� �� v ArohitectfEngineer. phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative _,,,_Contract to Nrchase ,Option to purchase _, jsnant/,Lessee AMP ICATiON IS HEREBY MADE FOR THE FOLLOWING: SUIEMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL TyAT APPLY: — Text Amendment to LDC `� r�ance r Letter of intent Zoning Map Amendment 'is!Speciai Use Justifications for Chance PUD Approval _,,,,Special Excepticn Statement of hardship PUb Major Charge _,.Other _ Proof of ownership or letter from owner Pmver of attorney Briefly expia :n application and cite specific Code sections: Contract to purchase _ Current survey (1 original seated and signe+dl1 reduced copy @ t V x '17 ") _ 15 copies of Site Plan and Floor Plans 1 reduced copy a 't I" x 17" _ 20% Property owner signatures 1 Saction;r Subsection: Page #: Amended Data; _ Mailing labels (3 sets) and mop E Re�q� tired' Fees) The undorsi read this wraleted wiication and represer:ts that tie info-ration and all subrtittecl materials are true and correct t st ofthe applicant's and belief, Applicant's 51gratur, and title ' Da upon rocetpt, applications and all submitted rnateriais will be review. -d for compliance vuith. use Land Development Cods and other' applicable regulations. Applications found not in compl ance will be rej"-tcd andprcrumod to the applicant. OFFICE USE ONLY; 1. Data Filed - -- Date of PB Hearing, Date Of Commission Petition Required Petition Accepted I Method of Payment 8d I ld� ;'L© c.��c G ' i n.0 STZ 9ztrS�£ 'ON 3HOHd NO I_I'OCdI,IO:] 2t3ciO;tId ; WOad PB -02 -009 Special Use Application Auto Accessories /Parts in GR District 6136S. Dixie Highway 100 200 30C, 000 1,200 1,500 Feet July 3, 2002 INIs. Lourdes Cabrera Hernandez Planning and Zoning Dept. 6130 Sunset Drive South M amL Florida 33143 RE: Business Name: Miami Auto Salon; Inc. Business Add.: 6136 S. Dixie Highway, Miami, FL. 33143 Deer Ms. Cabrera Hernandez: Please be advised that, the undesigned Benjamin Bermudez, as President and Luis A. Bermudez, as Secretary of Miami Auto Salon, Inc., a Florida corporation, intents to open a business that will consist of Custom Wheels on high end vehicles. Said business will consist of the following: 1. State of the art computerize digital machines (zero noise level) 2. vehicles being worked on per week will consist frcrn '4 -to 5, since the rims to be installed are very delicate and time consuming. 3. Th.-re will be no pollution, chemical, nor tire disposal involved. 4. Fours of Operation will be: Monday thru Friday from 9:00 a.m. to 5 :00 p.m., and on Saturdays from 9:00 a.m. to 2:00 p,m., the store wll be closed on Sundays. The type and sty!f-. of vehicles zsill be seniced by our business wi11 be the kind that you would find at The Coilection. Mercedes -Benz, Formula I Sports car, etc. S!i3sld you require to see one of our upcoming brocbures we will be most happy to forward you a copy the moment they are ready. Thanking you in advance for your kind cooperation. I remain. Miami Auto Salon, Inc. By: Attested by: Benjamin Bermudez Luis A. Bermuez President Secretary �l alp � O i £b1££ ,vul-d0'1.1 `Itvvivv H.Lflos A`dMHDIH 3IXIQ H.LIIOS 9019 °j �o ? o - i 21t • ¢ .l -. 'A�t�i Ci l�� .�+o Q�ll� �Y��Qi .S o ut o � t`n o �l alp � O i a Z 6 b .� en ,� ❑a �" g�h � 3 a 9 z i .l �' . t' Z7S11SllSS7711SS111SR1 1 awa�n�� 0 y0'9/ a Z 6 b .� en ,� ❑a �" g�h � 3 a 9 z M DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 13, 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 8:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Comendeiro. Board members absent: Ms. Yates. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo and Eve Boutsis, (City Attorneys), Gremaf Reyes (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings (Mr. Morton sworn in speakers) PB -02 -012 Applicant: City of South Miami Request: - A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED THREE STORY RETAIL AND PARKING GARAGE COMPLEX IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION (NW CORNER OF SW 73rd STREET AND SW 58th AVENUE); SPECIAL EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting August 13, 2002 Page 2 of 8 Applicant Present: Anne Cotter, Arquitectonica Speakers: Simon Ferro, (Greenberg Traurig, P.A.) Jack Ahlstedt, (Consul -Tech Engineering, Inc.) Subrata Basu, ACM /B /Z and Community Development, Director Alex Abril, property owner David Tucker, Sr., resident Action: Mr. Comendeiro read the item into the record and staff presented the request, consisting of the following four special exceptions to modify regulations pertaining to the building's proposed design and layout: 1. Lot coverage (Ref. 20- 7.9) -60% max. required / 83% provided; 2. Building Frontage (Ref. 20- 7.9)- 30 -70% required / 87% provided 3. Awning length (Ref. 20 -7.9 and 20- 7.11) -100% required / 82% provided 4. Building Ground Floor Area (Ref. 20 -7.9 and 20 -7.11) — 20,000 sq.ft. max required / 37,940 sq.ft. provided. Ms. Cotter gave a visual / verbal presentation of the project, consisting of the construction of a 3 -story parking garage and retail shops on property located in the Hometown Overlay District, at the above- referenced location. Mr. Ahlstedt, who prepared a Traffic Impact Analysis for this project, addressed the Board with the conclusions of the traffic study. (The complete report was part of the agenda package delivered to the Board members prior to the meeting). The following are some of the Board's concerns raised at the meeting, but not limited to: impact of the project on traffic; traffic circulation in the alleyway; motorists exiting the parking area at the northeast corner have no visibility to the right for sidewalk pedestrians or passing vehicles; loosing a few existing street parallel parking spaces; retail delivery on SW 73rd Street which might cause traffic jam; the need for a door on the interior for extra access into the trash room; the design of the awnings not being harmonious with the architectural character of the City; Mr. Morton opened the public hearing: Mr. Ferro addressed the Board with regard to the impact, in their opinion, this project would have on his client's property. Mr. Ferro represents'Dabby Properties, owners of the building adjacent to the project site. He expressed concern regarding the impact of the project on the alleyway and also on the parking spaces they presently utilize. Mr. Ferro stated that the proposed fifteen feet of alleyway will not suffice to accommodate the flow of delivery vehicles. In Mr. Ferro's opinion, the project will have a severe negative impact on his client's business and will also decrease the value of his property. In essence, Mr. Ferro is objecting to the applicant's request for special exception dealing with the lot coverage. Planning Board Meeting August 13, 2002 Page 3 of 8 Motion: Mr. Comendeiro moved to approve the request for special exceptions, as recommended by staff, and as per section 20 -7.51 of the City of South Miami Land Development Code, and Ms. Gibson seconded the motion, as follows: 1. Lot coverage (Ref. 20 -7.9): Required: 60 % maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail, frontage on or close to the property line 2. Building Frontage (Ref. 20 -7.9): Required: 30 -70% of each side elevation facing a street Provided: 87% for both east and west sides, in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on- grade parking) 3. Awning length (Ref. 20 -7.9 and 20- 7.11): Required: 100% of Building frontage Provided: 82 %, in keeping with the architectural style of a series of smaller storefronts 4. Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.ft. maximum Provided: 37,940 sq.ft. in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on -grade parking) Vote: Ayes 5 Nays 1 (Mr. Mann) PR -07 -(109 Applicant: Miami Auto Salon, Inc. 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 ACCESSORIES AND PARTS STORE IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY Applicant Present: Luis Bermudez Action: Mr. Illas read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automotive accessories and parts store at the above referenced location. Planning Board Meeting August 13, 2002 Page 4 of 8 The applicant states that the business will specialize in the installation of custom wheels and rims for luxury type vehicles. He also stated that the business will not generate air or chemical pollution, and there will be no tire disposals. The applicant further states that of the art computerized machines will result in zero noise levels. The Board, staff and the applicant discussed the request Motion: Mr. Illas moved for approval of the request as presented and Mr. Comendeiro seconded the motion, with the following conditions as recommended by staff. 1. Servicing of automobiles shall only be allowed inside the building. 2. Automobiles remaining on the property overnight shall be stored inside the building. 3. If the subject auto accessories and parts store 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 6 Nays 0 PB -02 -010 Applicant: EJS Holdings (Enterprise Leasing) 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 AUTOMOBILE RENTAL AGENCY IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. Applicant Present: Carlos Williard, Attorney Speakers: John Portuondo Curt Neary Action: Mr. Morton read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automobile rental agency at the above - referenced location. The other use in the building will be a retail bicycle store. Planning Board Meeting August 13, 2002 Page S of 8 The Board, staff and the applicant discussed the request. The applicant is proposing a significant landscaped buffer area along the rear property line. The buffer zone, as required by the recent LDC amendment, will consist of ficus hedges and mature palm trees. The applicant intends to use a low noise level pneumatic vacuum cleaner in the rear of the property. The applicant also stated that there will be no car washing or vehicle repair on site. Several Board members complained that the submitted site plan did not show the specific location of the business inside the building and that the rear access drive would require removal of a part of the building. Mr. Illas felt that this type of car rental agency is not an appropriate use in the City of South Miami. The installation of a CBS wall was discussed as opposed to the proposed landscaped buffer. Ms. Boutsis referred to City Ordinance No. 6-02 -1774 (LDC 20 -3,4) approved by the City Commission July 23`d, 2002, establishing that a landscape buffer is acceptable when a property is adjacent to a residential district. Mr. Portuondo, owner of an abutting residential building, testified that the proposed buffer was not sufficient to protect his property and tenants. First Motion: Mr. Comendeiro moved to approve the application with the following conditions: (1) to install a six feet maximum height wood fence and a six feet maximum height hedge at planting; (2) to bring back the modified site plans showing the cutting of the building; and (3) staff recommendations. Vote: Ayes 0 Nays 0 Second Motion: Mr. Illas moved to deny the application. Mr. Mann seconded the motion. Vote: Ayes 3 (Mr. Illas, Mr. Mann, Mr. Liddy) Nays 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Third Motion: Mr. Morton moved to approve the application with the following conditions: (1) on -site parking not to exceed three automobiles on a 24 -hour basis; (2) to bring back the modified site plans showing the cutting of the building and the closure of parking; (3) the installation of a six feet maximum height hedge at planting and a six feet maximum height chain link fence; and (4) removal of the existing detached sign pole frame. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Nays 3 (Mr. Illas, Mr. Mann, Mr. Liddy) At this point, Mr. Lorber referred to Land Development Code Section 20- 6.1(B- 4a,iv) which provides that if the Board has not reached a decision on an item, "then the item shall be transmitted forthwith to the city commission with a "No Comment" recommendation." Planning Board Meeting August 13, 2002 Page 6 of 8 Fourth Motion: Mr. Illas moved to defer the application until the full membership of Board (7) was in attendance, and have the applicant submit the modified plan at that time. Mr. Mann seconded the motion. Mr. Illas withdrew his motion. Fifth Motion: Mr. Illas moved to transmit the application to the City Commission with "No Comment" recommendation. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays 1 (Mr. Mann) PB -02 -011 Applicant: Big Tomato Franchise Company, Inc. 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 A GENERAL RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. Applicant Present: Bruce Elfenbein Action: Mr. Liddy read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate a general restaurant, the "Big Tomato ", at the above referenced location. The proposed area of the restaurant is to be located in two existing stores, which are to be combined to form a single unit. It will occupy 1,200 square feet, and will be an upscale casual restaurant. The Board, staff and the applicant discussed the request Motion: Mr. Morton moved to approve the application with the following conditions as recommended by staff, as follows: _ (1) restaurant must provide appropriate procedures for storage and removal of trash and garbage; (2) If the subject general restaurant 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 6 Nays 0 Planning Board Meeting August 13, 2002 Page 7 of 8 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record and staff presented the proposed amendment. The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. At a recent City Commission meeting containing a waiver -of -plat application on the agenda, the Commission discussed the lack of the process required for a waiver -of -plat application, whether it is first subject to review by the Planning Board, or whether the surrounding neighborhood is to be notified of pending waiver -of -plat applications. The Commission also expressed the desire to have such applications reviewed based upon neighborhood compatibility in addition to the minimum zoning code standards. Therefore, a draft ordinance has been prepared by the Planning Department for review and comment by the Planning Board. First Motion: Mr. Comendeiro moved to approve the changes to the Land Development Code (LDC) as proposed by staff, and also including a recommendation that the fee charged be changed to $2,000.00. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. MannO Nays 3 (Mr. Morton, Mr. Illas, Mr. Liddy) Second Motion: Mr. Mann moved to approve and Mr. Morton seconded the motion, to amend the Land Development Code (LDC) as proposed by staff, with a modification as follows: City Commission Findings. Prior to approving a waiver -of -plat the City Commission shall use the following guidelines: Planning Board Meeting August 13, 2002 Page 8 of 8 (a) The building site created bathe proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding The building site created by the proposed waiver -of -plat will not result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations. The building site created by the proposed waiver -of plat will be free of encroachments from abutting buildable sites. tD Additional Conditions. The City Commission may designate such additional conditions in connection with a waiver-of-plat as will, in its opinion, assure that such waiver -of -plat will conform to the foregoing requirements. Additional Application Requirements. As part of the required waiver -of -plat qpplication, applicants shall be required to submit a proposed site plan for the resulting building, parcels, an existing tree survey may be included in property survey) which shall indicate any proposed tree removal or relocation necessary, and, if so, the appropriate City of South 'Miami application for tree removal or relocation. Vote: Ayes 5 Nays 1 (Mr. Liddy) The Board then requested staff to suggest an appropriate increase in the fee charged for a waiver -of -plat application. IV. Approval of Minutes Action: The Board duly voted on and approved the minutes of May 28, 2002. Vote: Ayes 6 Nays 0 V. Remarks: No remarks. VI. Adjournment Action: There being no further business before the Board, Mr. Illas adjourned the meeting at approximately 11:45 PM. RGL /mmm K: \PB \PB Minutes\2002 Minutes \MINS 08- 13- 02.doc Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & City Commission From: Charles Scurr City Manager aoVY7 Date: September 3, 2002 ITEM No. / of Re: Special Use Approval 6394 S. Dixie Highway Auto Rental Agency 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 AUTOMOBILE RENTAL AGENCY IN THE "GR", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. APPLICANT'S REQUEST: The applicant, EJS Holdings (Enterprise Leasing), is requesting a Special Use Approval to operate an automobile rental agency at the above referenced location. The proposed business will occupy approximately one third of a building currently undergoing renovation. The other use in the building will be a retail bicycle store. The applicant has stated that Enterprise Leasing prefers smaller sites and that there will be no washing, repair or storage of vehicles on the site. GENERAL CONDITIONS APPLICABLE: 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 conditions 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. SPECIAL CONDITIONS APPLICABLE (LDC AMENDMENT) At its July 23, 2002 meeting the City Commission adopted Ordinance No. 6 -02 -1774 (attached) amending the City's Land Development Code to allow an automobile rental agency to locate in a "GR" zoning use district as a special use. Prior to this amendment a rental agency could only locate in the TODD (LI -4) zoning district, as a special use. The amendment adopted in July, also established a list of special requirements which would be applicable to an automobile rental agency. These requirements are as follows: Special Use Approval Auto Rental in GR September 3, 2002 Page 2 of 3 (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) When adjacent to a residential district, a landscape buffer acceptable to the City's ERPB shall be constructed along dividing property lines. c) Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (d) Maintenance, mechanical repair or washing of cars on site is prohibited." STAFF OBSERVATIONS: (1) An automobile rental agency is permitted in the "GR" General Retail zoning district as a special use and subject to certain conditions. (2) The rental agency office will occupy 1000 sq. ft of the 3360 sq. ft. within the one story building. The car rental office and the retail bicycle shop will have a combined parking requirement of 12 parking spaces (one space /300 sq. ft. floor area). The submitted site plan indicates that there will be a total of 23 on site parking spaces, which is more than required. (3) Ingress and egress to the business will be limited to S. Dixie Highway. (4) The applicant's submitted site plan shows a significant landscaped buffer area along the rear property line. The buffer zone, as required by the recent LDC amendment, will consist of ficus hedges and mature palm trees. (5) The applicant intends to use a low noise level pneumatic vacuum cleaner in the rear of the property. This type of vacuum together with the proposed landscaping along the rear property line should provide an adequate noise buffer from the abutting residential zone. (6) The applicant indicates that there will be no car washing or vehicle repair on site. (7) An existing detached pole sign frame is still standing on the property and should be removed. Although specific signage is not proposed at this time, the continued use of a pole sign at this location should be discouraged. PLANNING BOARD ACTION: The Planning Board at its August 13, 2002 meeting approved a motion transmitting the subject application to the Commission with a "no comment" recommendation. The motion, made by Mr. Illas and seconded by Mr. Comendeiro, was adopted by a vote of 5 ayes and 1 nay (Mr. Mann). During discussion on the application the following issues were discussed: the type ,of buffer (wall, landscaping or chain link fence) between the business and the residential property to the rear; the applicant's submitted plans needed to be revised to show the precise location of the business inside the building and to show the changes to the building needed to allow for the clear access to the rear parking area; and the number of rental automobiles to be stored on the site overnight. After a series of motions Special Use Approval Auto Rental in GR September 3, 2002 Page 3 of 3 , failed to pass (see Planning Board minutes) the Board adopted the no comment recommendation. RECOMMENDATION: The Administration understands the concerns expressed by Board members and has worked with the applicant to respond to the issues raised. The applicant has submitted a revised plan (dated 8- 16 -02) showing the structural modifications needed to allow access to the rear parking area. In addition the applicant will be installing six (6) foot high ficus hedges in order to provide the required landscaping buffer for the residential buildings in the rear. This will require approval of the City's ERPB. It is the Administration's position that the proposed use will comply with the special requirements set forth in the LDC for an automobile rental agency will not adversely affect the health, safety of persons working or residing in the vicinity and will not be detrimental to property in the neighborhood. It is recommended that the special use application for an automobile rental office at 6394 S. Dixie Highway be approved with the following conditions: (1) The existing detached sign pole frame is to be removed; (2) Development shall be as shown on the revised Site Plan, dated 8- 16 -02, including the landscaped ficus hedge along the rear property line. (3) If the subject automobile rental agency 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. Attachments: Draft resolution Application Location Map Letter of intent 7112102 Letter re; landscaping buffer 816102 Revised Site Plan .8 -16 -02 Comm. Ord. 6 -02 -1774 Planning Board Minutes 8 -13 -02 Copies of Public notices Survey/ Floor plans �,L CS/RGL/SAY40D D:\Commltems\2002 \9- 3- 02\Auto rental in GR Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 AUTOMOBILE RENTAL AGENCY IN THE "GR GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. WHEREAS, the EJS Holdings Co. (Enterprise Leasing) has submitted an application for a special use to allow an automobile rental agency to be located in the "GR" General Retail zoning district specifically at 6394 South Dixie Highway; and WHEREAS, an automobile rental agency is allowed as a special use in the "GR ", General Retail zoning district subject to meeting general conditions specified in the LDC Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(22); 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 August 13, 2002 the Planning Board, after public hearing, voted 5 -1 to forward a recommendation of no comment on the special use request; and WHEREAS, the Administration is proposing that the special use application be approved with conditions; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Administration. 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 approval to allow an automobile rental agency to be located in the "GR General Retail zoning district specifically at 6394 South Dixie Highway is hereby approved subject to the following conditions: (1) The existing detached sign pole frame is to be removed; 1 (2) 2 3 4 5 6 (2) Development shall be as shown on the revised Site Plan, dated 8- 16 -02, including the 7 landscaped ficus hedge along the rear property line; 8 9 10 (3) If the subject automobile rental agency is, in the future, determined by the Director of 11 Planning & Zoning, to be adversely affecting the health or safety of persons residing or 12 working in the vicinity of the proposed use, to be detrimental to the public welfare or property or 13 improvements in the neighborhood, or to be not in compliance with other applicable Code 14 provisions, the special use approval may be modified or revoked by the City Commission upon 15 notification and public hearing. 16 17 18 Section 2: This resolution shall be effective immediately after the adoption hereof. 19 20 21 22 PASSED AND ADOPTED this _, day of , 2002 23 24 25 26 ATTEST: APPROVED: f 27 28 29 CITY CLERK MAYOR i 30 31 Commission Vote: 32 READ AND APPROVED AS TO FORM: Mayor Robaina: 33 Vice Mayor Russell 34 Commissioner Bethel: 35 Commissioner Feliu 36 Commissioner Wiscombe: 37 CITY ATTORNEY 38 39 40 41 42 43 44 45 46 47 48 49 50 51 City . of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 6664591 Application For Public Hearing Before Planning Board & City Commission HZ) 1 Nit HrYLIUAN 1, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: X—Owner _Owner's Representative _Contract to purchase _Option to purchase _Tenant'Lessee kPPLICATION IS HEREBY MADE FOR THE FOLLOWING: 'LEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC Variance _ Zoning Map Amendment x Special Use _ PUD Approval _Special Exception _ PUD Major Change Other riefy explain application and cite specific Code sections: ial use approval to allow an automobile rental aaencv in the GR zone. I Section 20 Subsection3.3 (DLie�# Amended Date: 5UBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: Letter of intent _ Justifications for change Statement of hardship _ Proof of ownership or letter from owner Power of attorney _ Contract to purchase — Current survey (1 original sealer' nv! signed /1 reduced copy @ 11" x..l 7 ") — 15 copies of Site Plan and Floor Plan 1 reduced copy @ 11" x 17" _ 201/'o Property owner signatures — Mailing labels (3 sets) and reap _ Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true am-� corr ect to the st of the applicant's knowledge and belief. S July 12, 2002 App)7antr7oigpature and title Date UpKn receipt, applications and all submitted taterials will be reviewed for compliance with the Land Development Code and other applicable reputations. Applications found not in compliance will be rejected andpretumed to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 812/00 Cl) w v -i Qsy SW 76TH ST F� CO SW 76TH TE Z cn v M v r E T SW 78TH ST P P TE �P SW 79TH ST cn A � 0) w , �\0 r 6 G SW 80TH ST Cl) c (n o z v 0 CARLOS WlLL1AF- D 6- FLANAGAN, P.A. ATTORNEYS AT LAW THOMAS P. CARLOS W. CHAD WILLIARD JEFFREY M. FLANAGAN July 12, 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: SUITE 1000 999 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPHONE 305.444.1500 FACSIMILE 305.443.8617 E - MAIL: C WF - LAW@a SHADOW.NET On behalf of my client, EJS Holdings, Inc. (the "Applicant "), please accept this correspondence as a Letter of Intent seeking your support to permit an automobile rental agency in the GR Zone at 6' )94 South Dixie Highway. As you know, we are anticipating that the City's Land Development Code will be modified to allow automobile rental agencies in the GR Zone as a Special Use at the July 23, 2002 City Commission meeting. In anticipation of that approval, we are submitting this application to you. The property at 6394 South Dixie Highway is being renovated by the property owner and is anticipated to become the new home of Bicycle Fitness, which is moving from another location on South Dixie Highway. A portion of the building (approximately one -third of the space) was set aside for a tenant. Currently, it is anticipated that Enterprise Leasing Co. ( "Enterprise ") will locate in the space. Enterprise is fully aware of the anticipated revisions to the Land Development Code and is willing and able to comply with those revisions and requirements. We believe this request to be a beneficial use for the property since Enterprise is not your typical car rental facility. Enterprise caters to the local community and is essentially set up to provide rental vehicles to the local residents when their vehicles are being serviced or repaired. Rather than have one giant facility (as many car rental companies do), Enterprise has many small offices that serve each local community. This allows Enterprise to move vehicles from one location to another on an as- needed basis and negates the need for a large storage facility. The storage of vehicles occurs in other locations ,N-here such a use is permitted. Additionally, since there are multiple community offices, the washing and repairing of vehicles is not performed at every location. Enterprise is able to move the vehicles around and perform needed washing and repair at locations where those activities are allowed. Mr. Richard Lorber July 12, 2002 Page 2 of 2 Based on the above, Enterprise is able to comply with the anticipated revised code requirements that will prohibit washing and repairing of vehicles and Enterprise will not need any long terra storage of vehicles. Additionally, during the discussions by the Planning Board and the City Commission relating to the Code modification, there was discussion and concern about the noise relating to vacuum cleaners. Enterprise needs to be able to vacuum vehicles on -site so they can rent a vehicle after it has been returned. The vacuums used by Enterprise are essentially the same as a mobile shop -vac. Enterprise will use a pneumatic version of the vacuum cleaner, which is quieter than the standard version and is significantly quieter than the industrial -type vacuum cleaners that seemed to be the concern during the discussions relating to the code revisions. Based on the foregoing, and in conjunction with the fact that none of the commercial traffic will have ingress or egress through any abutting residential neighborhoods and that at least twenty - three parking spaces are provided where only twelve are required, we feel that this use is appropriate at this location and is compatible and complementary with the surrounding area and uses. If you should need any additional information please do not hesitate to contact me. Yours truly, CARLOS WILLIARD & FLANAGAN, P.A. Jeffrey . anagan, JMF /vsa � i- CARLVS `�/' r ILLIAF� � � i9 FIL ANr»fiN, %A. ATTORNEYS AT LAW THOMAS P. CARLOS W. CHAD WILLLARD JEFFREY M. FLANAGAN VIA HAND DELIVERY August 6, 2002 Mr. Richard G. Lorber, AICP Planning Director City of South Miami, Planning and Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 SUITE 1000 999 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPHONE 305.444.1500 FACSIMILE 305.443.8617 E-MAILCWF- LAW@SHADOW.NET RE: Special Use Request — Enterprise Rent -A -Car @ 6394 South Dixie Highway, South Miami, Florida (the "Property ") Dear Richard: Enclosed please find two (2) copies of an amended site plan /landscape plan being submitted in connection with the above referenced zoning application, which is scheduled to be heard by the City of South Miami Planning & Zoning Board next Tuesday, August 13 2002. Specifically, in response to requests that an adequate buffer be placed between the proposed auto rental agency and the adjacent residential area, the Applicant will provide additional landscaping, consistent with that depicted on the enclosed plan, along the rear portion of the Property, to wit: Ficus hedge of up to eight feet (8') in height and seven (7) Areca Palm trees (15' to 20' in height at time of planting) along the rear Property line. This additional row of hedge and trees, coupled with the existing chain link fence and the mature trees located along the common property line adjacent to the Property, provides an extraordinary landscape buffer which will provide more than an adequate visual barrier between the two parcels of land. Page 2 August 6, 2002 Mr. Richard G. Lorber With respect to this buffer issue, it is also important to note that last week, the Applicant's representatives met on site with Mr. John Portuondo - the owner of the adjacent residential property. During this meeting, Mr. Portuondo tested the Applicant's low decibel vacuum cleaner with his own decibel meter and agreed that the vacuum cleaner was sufficiently quiet and would not create unduly burdensome noise impacts to his property. In fact, Mr. Portuondo's decibel meter indicated that the vacuum did not even generate decibel levels higher than that of existing, ambient background noise levels. Thus, any noise concerns associated with the proposed use (which might otherwise trigger the need to construct a CBS wall along the rear Property line) are now moot. If you should have any questions, comments or need further information in connection with this revised landscape plan, please do not hesitate to contact me. Yours truly, CARLOS WILLIARD & FLANAGAN, P.A. W. Chad Williard WCW /vsa Enclosure F:\APPS\WORK\LETTERS.WCW\RichardLorberCoverLtr2.doc 0 � � r m n_ �Z ��3 t=ipr 3�N A\i N U 3TZ 3 sum Zrn Xj DO Dec n® w =7C 10rn AD Q� w-1 AZ m z D r m 3 3 e E � N N ar o N m Z D w 7 aw m rn z v. m m t i km f 0 m ■s�faa'��wna� m�o� zQ D 1 g° I nom ' m I o � m m A y3 pup�Dy A m� SOUTH -DIXIE HW'' �O �m �N �A F� ill �^p0� p4 - I ORDINANCE NO. 0 2 ' ' '' 4 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(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPFC'IAL 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. WHEREAS, Application No. PB -02 -006 Nias submitted to the Planning and Zoning Department by Enterprise Leasing Company. Inc., said application requesting that Section 20- 3.3(D). Permitted Use Schedule of the City's Land Development Code be amended to include automobile rental agency as a permitted use in the "GR ", General Retail Use Districts: and WHEREAS, after review. the Planning and Zoning Department recommended amending Section 20- 3.3(D) Permitted Use Schedule." of the City's Land Development Code to permit an automobile rental agency as a permitted use in the °'GR", General Retail Use Districts and further recommended that Section 20 -3.4 (B) "Special Requirements" be amended to provide conditions applicable to an automobile rental at7ency: and WHEREAS, on May 28. 2002 after Public Hearing regarding the proposed amendment to Sections 20- 3.3(D) and 20- 3A(B), the Planning Board approved a motion by a vote of 4 -1, recommending? that a an automobile rental agency be included as a Special Use in the `'GR ", General Retail Use Districts and that Section 20 -3.4 (B) -Special Requirements' be amended to provide conditions applicable to an automobile rental agency; and WHEREAS, the City Commission has accepted and modified the recommendation of the Planning Board and desires to enact the aforesaid amendment. . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: Section I That Section 20- 33)(D), entitled, ''Permitted Use Schedule." of the Sou.":-I :Miami Land Development Code is hereby amended to read as folio« s: Section 20 -3.3 (D) Permitted Use Schedule ZONING DISTRICT R. L M N S G T! T T! T, T 1-1 P P C P 00'0!R R!Ri0 O100 0�' �I �R O A D D D D R C-SE 'Ti�PE j I 1D D DD D D K NI�M L i U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SFRti TC'FC Automobile Rental Agency S j I S j 22 1 11 _ _` . _r,..__ r — —j— e v» uo�'; atca k:1ve [. ,yew ,NuiLuig4 In 0010- un'erllned) ?age 2 of Ord. No. 6 -02 -1774 (2) Section 2 That Section 20 -3.4 (B), entitled, -'Special Use Conditions Special Requirements." of the South Miami Land Development Code is hereby amended to read as follows: 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 agencv shall be permitted through abutting residentially zoned parcels. b) When adjacent to a residential district a landscape buffer acceptable to the City's ERPB shall be constructed alone dividing property lines c) Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (d) Maintenance, mechanical repair or washing of cars on site is prohibited Section 3 All ordinances or parts of ordinances in conflict a ith the provisions of this ordinance are hereby repealed. Section 4. If any section. clause, sentence, or phrase of this ordinance is for any reason held jnvalid or unconstitutional by a court of competent jurisdiction. this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 23rd ATTEST: d� CITY CLERK ERI / — V' Reading 6/11/02 2 nd Reading- 7/23/02 READ AND APPROVED AS TO FORM: i "_ -[`T'nn r Nr .�: 1 I C-i _ Z I day of JurY .2002 APPROVED: MAYOR COMMISSION VOTE: 5-0 Mayor Robaina: Yea Vice Mayor Russell Yea Commissioner Feliu Yea Commissioner Bethel: Yea Commissioner :Wiscombe Yea DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 13, 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 8:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Comendeiro. Board members absent: Ms. Yates. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo and Eve Boutsis, (City Attorneys), Gremaf Reyes (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings (Mr. Morton sworn in speakers) PB -02 -012 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED THREE STORY RETAIL AND PARKING GARAGE COMPLEX IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION (NW CORNER OF SW 73rd STREET AND SW 581h AVENUE); SPECIAL EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting August 13, 2002 Page 2 of 8 Applicant Present: Anne Cotter, Arquitectonica Speakers: Simon Ferro, (Greenberg Traurig, P.A.) Jack Ahlstedt, (Consul -Tech Engineering, Inc.) Subrata Basu, ACM/B /Z and Community Development, Director Alex Abril, property owner David Tucker, Sr., resident Action: Mr. Comendeiro read the item into the record and staff presented the request, consisting of the following four special exceptions to modify regulations pertaining to the building's proposed design and layout: L Lot coverage (Ref. 20- 7.9) -60% max. required / 83% provided; 2. Building Frontage (Ref. 20- 7.9)- 30 -70% required / 87% provided 3. Awning length (Ref. 20 -7.9 and 20- 7.11)- 100 %o required/ 82% provided 4. Building Ground Floor Area (Ref. 20 -7.9 and 20 -7.11) – 20,000 sq.ft. max required / 37,940 sq.ft. provided. Ms. Cotter gave a visual / verbal presentation of the project, consisting of the construction of a 3 -story parking garage and retail shops on property located in the Hometown Overlay District, at the above- referenced location. Mr. Ahlstedt, who prepared a Traffic Impact Analysis for this project, addressed the Board with the conclusions of the traffic study. (The complete report was part of the agenda package delivered to the Board members prior to the meeting). The following are some of the Board's concerns raised at the meeting, but not limited to: impact of the project on traffic; traffic circulation in the alleyway; motorists exiting the parking area at the northeast corner have no visibility`to the right for sidewalk pedestrians or passing vehicles; loosing a few existing street parallel parking spaces; retail delivery on SW 73rd Street which might cause traffic jam; the need for a door on the interior for extra access into the trash room; the design of the awnings not being harmonious with the architectural character of the City; Mr. Morton opened the public hearing: Mr. Ferro addressed the Board with regard to the impact, in their opinion, this project would have on his client's property. Mr. Ferro represents'Dabby Properties, owners of the building adjacent to the project site. He expressed concern regarding the impact of the project on the alleyway and also on the parking spaces they presently utilize. Mr. Ferro stated that the proposed fifteen feet of alleyway will not suffice to accommodate the flow of delivery vehicles. In Mr. Ferro's opinion, the project will have a severe negative impact on his client's business and will also decrease the value of his property. In essence, Mr. Ferro is objecting to the applicant's request for special exception dealing with the lot coverage. Planning Board Meeting August 13, 2002 Page 3 of 8 Motion: Mr. Comendeiro moved to approve the request for special exceptions, as recommended by staff, and as per section 20 -7.51 of the City of South Miami Land Development Code, and Ms. Gibson seconded the motion, as follows: 1. Lot coverage (Ref. 20 -7.9): Required: 60% maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property line 2. Building Frontage (Ref. 20 -7.9): Required: 30 -70 %0 of each side elevation facing a street Provided: 87% for both east and west sides, in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on- grade parking) 3. Awning length (Ref. 20 -7.9 and 20- 7.11): Required: 100% of Building frontage Provided: 82 %, in keeping with the architectural style of a series of smaller storefronts 4. Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.ft. maximum Provided: 37,940 sq.ft. in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on -grade parking) Vote: Ayes 5 Nays 1 (Mr. Mann) Applicant: Miami Auto Salon, Inc. 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 ACCESSORIES AND PARTS STORE IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY Applicant Present: Luis Bermudez Action: Mr. Illas read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automotive accessories and parts store at the above referenced location. Planning Board Meeting August 13, 2002 Page 4 of 8 The applicant states that the business will specialize in the installation of custom wheels and rims for luxury type vehicles. He also stated that the business will not generate air or chemical pollution, and there will be no tire disposals. The applicant further states that of the art computerized machines will result in zero noise levels. The Board, staff and the applicant discussed the request Motion: Mr. Illas moved for approval of the request as presented and Mr. Comendeiro seconded the motion, with the following conditions as recommended by staff: 1. Servicing of automobiles shall only be allowed inside the building. 2. Automobiles remaining on the property overnight shall be stored inside the building. 3. If the subject auto accessories and parts store 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 6 Nays 0 PB- 01010 Applicant: EJS Holdings (Enterprise Leasing) 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 AUTOMOBILE RENTAL AGENCY IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. Applicant Present: Carlos Williard, Attorney Speakers: John Portuondo Curt Neary Action: Mr. Morton read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automobile rental agency at the above - referenced location. The other use in the building will be a retail bicycle store. Planning Board Meeting August 13, 2002 Page S of 8 The Board, staff and the applicant discussed the request. The applicant is proposing a significant landscaped buffer area along the rear property line. The buffer zone, as required by the recent LDC amendment, will consist of ficus hedges and mature palm trees. The applicant intends to use a low noise level pneumatic vacuum cleaner in the rear of the property. The applicant also stated that there will be no car washing or vehicle repair on site. Several Board members complained that the submitted site plan did not show the specific location of the business inside the building and that the rear access drive would require removal of a part of the building. Mr. Illas felt that this type of car rental agency is not an appropriate use in the City of South Miami. The installation of a CBS wall was discussed as opposed to the proposed landscaped buffer. Ms. Boutsis referred to City Ordinance No. 6 -02 -1774 (LDC 20 -3.4) approved by the City Commission July 23`d, 2002, establishing that a landscape buffer is acceptable when a property is adjacent to a residential district. Mr. Portuondo, owner of an abutting residential building, testified that the proposed buffer was not sufficient to protect his property and tenants. First Motion: Mr. Comendeiro moved to approve the application with the following conditions: (1) to install a six feet maximum height wood fence and a six feet maximum height hedge at planting; (2) to bring back the modified site plans showing the cutting of the building; and ',(3) staff recommendations. Vote: Ayes 0 Nays 0 Second Motion: Mr. Illas moved to deny the application: Mr. Mann seconded the motion. Vote: Ayes 3 (Mr. Illas, Mr. Mann, Mr. Liddy) Nays 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Third Motion: Mr. Morton moved to approve the application with the following conditions: (1) on -site parking not to exceed three automobiles on a 24 -hour basis; (2) to bring back the modified site plans showing the cutting of the building and the closure of parking; (3) the installation of a six feet maximum height hedge at planting and a six feet maximum height chain link fence; and (4) removal of the existing detached sign pole frame. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Nays 3 (Mr. Illas, Mr. Mann, Mr. Liddy) At this point, Mr. Lorber referred to Land Development Code Section 20- 6.1(B- 4a,iv) which provides that if the Board has not reached a decision on an item, "then the item shall be transmitted forthwith to the city commission with a "No Comment" recommendation." Planning Board Meeting August 13, 2002 Page 6 of 8 Fourth Motion: Mr. Illas moved to defer the application until the full membership of Board (7) was in attendance, and have the applicant submit the modified plan at that time. Mr. Mann seconded the motion. Mr. Illas withdrew his motion. Fifth Motion: Mr. Illas moved to transmit the application to the City Commission with "No Comment" recommendation. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays 1 (Mr. Mann) PB -02 -011 Applicant: Big Tomato Franchise Company, Inc. 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 A GENERAL RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. Applicant Present: Bruce Elfenbein Action: Mr. Liddy read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate a general restaurant, the "Big Tomato ", at the above referenced location. The proposed area of the restaurant is to be located in two existing stores, which are to be combined to form a single unit. It will occupy 1,200 square feet, and will be an upscale casual restaurant. The Board, staff and the applicant discussed the request Motion: Mr. Morton moved to approve the application with the following conditions as recommended by staff, as follows: (1) restaurant must provide appropriate procedures for storage and removal of trash and garbage; (2) If the subject general restaurant 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 6 Nays 0 Planning Board Meeting August 13, 2002 Page 7 of 8 PR_n2_nnR Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER -OF- PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record and staff presented the proposed amendment. The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations, and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. At a recent City Commission meeting containing a waiver -of -plat application on the agenda, the Commission discussed the lack of the process required for a waiver -of -plat application, whether it is first subject to review by the Planning Board, or whether the surrounding neighborhood is to be notified of pending waiver -of -plat applications. The Commission also expressed the desire to have such applications reviewed based upon neighborhood compatibility in addition to the minimum zoning code standards. Therefore, a draft ordinance has been prepared by the Planning Department for review and comment by the Planning Board. First Motion: Mr. Comendeiro moved to approve the changes to the Land Development Code (LDC) as proposed by staff, and also including a recommendation that the fee charged be changed to $2,000.00. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. MannO Nays 3 (Mr. Morton, Mr. Illas, Mr. Liddy) Second Motion: Mr. Mann moved to approve and Mr. Morton seconded the motion, to amend the Land Development Code (LDC) as proposed by staff, with a modification as follows: (2,) City Commission Findings. Prior to approving a waiver -of -plat the City Commission shall use the following guidelines: Planning Board Meeting August 13, 2002 Page 8 of 8 iL!�], Da) The building site created by the proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area. The building site created by the proposed waiver -of -plat will not result in existing tructures� becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations. The building site created by the proposed waiver -of plat will be free of encroachments from abutting buildable sites. Additional Conditions. The City Commission may designate such additional conditions in connection with a waiver -of -plat as will, in its opinion, assure that such waiver -of -plat will conform to the fore going requirements. resulting building_ parcels, an existing tree survey (may be included in propert y surveys which shall indicate any proposed tree removal or relocation necessary, and, if so, the appropriate City of South 'Miami application for tree removal or relocation. Vote: Ayes 5 Nays 1 (Mr. Liddy) The Board then requested staff to suggest an appropriate increase in the fee charged for a waiver -of -plat application. IV. Approval of Minutes Action: The Board duly voted on and approved the minutes of May 28, 2002. Vote: Ayes 6 Nays 0 V. Remarks: No remarks, VI. Adjournment Action: There being no further business before the Board, Mr. Illas adjourned the meeting at approximately 11:45 PM. RGL /mmm K: \PB \PB Minutes\2002 Minutes\MINS 08- 13- 02.doc To: Honorable Mayor, Vice Mayor & City Commission From: Charles Scurr City Manager J0414v' Date: September 3,2002 ITEM No. Ito RE: SpeciaN Use Approval Restaurant in NR 7400 Red Road 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 A GENERAL RESTAURANT IN THE "NR ", NEIGHBORHOOD., RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. SUMMARY OF REQUEST: The applicant, Big Tomato Franchise Company, is requesting a Special Use Approval to operate the "Big Tomato ", a general restaurant, at the above referenced location. The proposed area of the restaurant is to be located in two existing stores, which are to be combined to form a single unit. It will occupy 1,200 square feet, and will be an upscale casual restaurant. GENERAL CONDITIONS APPLICABLE: 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 conditions 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. SPECIAL CONDITIONS APPLICABLE In addition to the above, certain special uses may also be required to comply with the additional requirements. In the case of a general restaurant the following supplemental requirements (Sec 20- 3.4(B)(4)(b)) are listed: L All such establishments shallprovide only inside or patio services on private property. Public streets, right- of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No service of a drive -in or of a fast food nature shall be permitted. iii. The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. STAFF OBSERVATIONS: (1) The proposed use is located in a "Neighborhood Retail" Zone. A restaurant is permitted with a Special Use Approval. (2) The applicant has stated that most of the business will be generated through out - the -door sales in the form of delivery and pick -up. The restaurant will have limited seating for approximately 20 people. The proposed hours of operation will be from 11AM through 9PM, Sunday through Thursday, and 11 AM through 10 PM on Friday and Saturday. (3) The restaurant will have 1200 square feet resulting in a parking requirement of 12 spaces (one space for every 100 square feet) The previous,' spaces were occupied by retail stores (4 space credit) thereby resulting in a supplemental requirement for the restaurant of 8 spaces after the application of the credit. A field survey of the site shows that there are 20 spaces available (19 on site and l on- street). The existing retail businesses (3600 sq. ft.) have a requirement of 12 spaces. The additional 8 spaces required for the restaurant can be accommodated by the existing spaces available to the site. (4) In reference to the deliveries and the trash collection, it should be noted that the trash containers are located in the parking lot on the west side of the property. Restaurant garbage placed at this location could become a serious odor problem. PLANNING BOARD ACTION The Planning Board at its August 13, 2002 meeting recommended approval of the application with a special condition that the applicant must provide appropriate procedures for storage and removal of trash and garbage. The motion to approve was made by Mr. Morton and seconded by Mr.Illas. The motion was adopted by a vote of 6 ayes 0 nays. RECOMMENDATION: The proposed use complies with the special requirements set forth in the LDC for a general restaurant. In addition the proposed use will not adversely affect the health, safety of persons working or residing in the vicinity and will not be detrimental to property in the neighborhood. It is recommended that the special use application to allow a general restaurant at 7400 Red Road be approved with the following conditions: (1) Applicant must provide appropriate procedures for storage and removal of trash and garbage; (2) If the subject general restaurant is, in the future, determined by the Director of 14anning & 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. Attachments: Draft Resolution Application Letter of intent Location map Planning Board Minutes 8 -13 -02 Copies of Public notices Properly survey /(Floor plans CS/RL/ AY rf' V D: \Comm Items\2002 \9- 3- 02\Rest in NR Special use Report.doc 1 2 3 RESOLUTION NO. 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST 6 PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT 7 CODE FOR SPECIAL USE APPROVAL TO OPERATE A GENERAL 8 RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING 9 DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. 10 11 12 13 WHEREAS, the Big Tomato Franchise Company, Inc, has submitted an application for a special 14 use to allow a general restaurant to be located in the "NR" Neighborhood Retail zoning use district 15 specifically at 7400 Red Road; and 16 17 18 WHEREAS, a general restaurant is allowed as a special._ use in the "NR" Neighborhood Retail 19 zoning use district subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to 20 meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and 21 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 27 WHEREAS, on August 13, 2002 the Planning Board, after public hearing, voted 6 -0 to 28 recommend approval with conditions of the special use request; and 29 30 31 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 32 recommendation of the Planning Board. 33' 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 36 THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 39 Section 1: That an application for special use to allow a general restaurant to be located in the "NW' 40 Neighborhood Retail zoning use district specifically at 7400 Red Road is hereby approved subject to the 41 following conditions: 42 43 (1) Applicant must provide appropriate procedures for storage and removal of trash and garbage; 44 45 (2) If the subject general restaurant is, in the future, determined by the Director of Planning & 46 Zoning, to be adversely affecting the health or safety of persons residing or working in the 47 vicinity of the proposed use, to be detrimental to the public welfare or property or improvements 48 49 2 3 in the neighborhood, or to be not in compliance with other applicable Code provisions, the special 4 use approval may be modified or revoked by the City Commission upon notification and public 5 hearing. 6 7 8 Section 2: This resolution shall be effective immediately after the adoption hereof. 9 10 11 12 13 14 PASSED AND ADOPTED this _ day of , 2002 15 16 17 18 ATTEST; APPROVED: 19 20 21 CITY CLERK MAYOR 22 23 Commission Vote: 24 READ AND APPROVED AS TO FORM: Mayor Robaina: 25 Vice Mayor Feliu 26 Commissioner Bethel: 27 Commissioner Russell 28 Commissioner Wiscombe: 29 CITY ATTORNEY 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (2) 2 3 RESOLUTION NO. 4 A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST 6 PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT 7 CODE FOR SPECIAL USE APPROVAL TO OPERATE A GENERAL 8 RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING 9 DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. 10 11 12 13 WHEREAS, the Big Tomato Franchise Company, Inc, has submitted an application for a special 14 use to allow a general restaurant to be located in the "NR" Neighborhood Retail zoning use district 15 specifically at 7400 Red Road; and 16 17 18 WHEREAS, a general restaurant is allowed as a special use in the "NR" Neighborhood Retail 19 zoning use district subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to 20 meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and 21 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 27 WHEREAS, on August 13, 2002 the Planning Board, after public hearing, voted 6 -0 to 28 recommend approval with conditions of the special use request; and 29 30 31 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 32 recommendation of the Planning Board. 33 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 36 THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 39 Section 1: That an application for special use to allow a general restaurant to be located in the "NR" 40 Neighborhood Retail zoning use district specifically at 7400 Red Road is hereby approved subject to the 41 following conditions: 42 43 (1) Applicant must provide appropriate procedures for storage and removal of trash and garbage; 44 45 (2) If the subject general restaurant is, in the future, determined by the Director of Planning & 46 Zoning, to be adversely affecting the health or safety of persons residing or working in the 47 vicinity of the proposed use, to be detrimental to the public welfare or property or improvements 48 49 1 2 3 in the neighborhood, or to be not in compliance with other applicable Code provisions, the special 4 use approval may be modified or revoked by the City Commission upon notification and public 5 hearing. 6 7 8 Section 2: This resolution shall be effective immediately after the adoption hereof. 9 10 11 12 13 14 PASSED AND ADOPTED this day of 2002 15 16 17 18 ATTEST: APPROVED: 19 20 21 CITY CLERK MAYOR 22 23 Commission Vote: 24 READ AND APPROVED AS TO FORM: Mayor Robaina: 25 Vice Mayor Feliu 26 Commissioner Bethel: 27 Commissioner Russell 28 Commissioner Wiscombe: 29 CITY ATTORNEY 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (2) City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 V7 Telephone: (305)663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 7-too ?V> 9 Lot(s) Block Subdivision ..E P B 3?� Meets & Bounds: "-(..de, r -1ov� ti ate , f tb -�- Applicant: Phone:. Representative: L# t r-L Address: ,,IZ�t -�i S �� 7c�� _ Organization: Phone: Property Owner: Signature: Mailing Address: Phone: Architect/Engineer: Phone: F AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: - Text Amendment to LDC Variance —Zoning Map Amendment lzgpecial Use _ PUD Approval _Special Exception PkE SE CHECK ALL THAT APPLY: Letter of inter ; !/ _ Justifications for change Statement of hardship PUD Major Change _Other /Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase –<Current survey-(1 original sealed and ✓ signed /1 reduced copy@ 11" x 17 ") )15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" ` 20% Property owner sq7h e_?vr)i6Vr Mailing labels (3 sets) and map t/ yRequired Fee(s) Section: Subsection: Page #: Amended Date: The under ;igned has read this comppleted a plication and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief. A plicant's'Signature and title to 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 andpretumed to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment V, A1., VV Letter of intent for use of property located at 7400 -20 Red Road, South Miami The existing two spaces located at 7400 Red Road, spaces 2 and 3, will be combined to form a single unit of 1200 square feet for use as a Big Tomato franchise restaurant. The Big Tomato offers an upscale, casual, healthy dining environment featuring gourmet pizzas, freshly made salads, home -baked breads, and wraps. Since much of the business is generated through out - the -door sales in the form of delivery and pick -up, the restaurant will 'feature limited seating for approximately 20 people. Additionally, a small, landscaped area on the east side of the building is being contemplated, that could provide seating for approximately 8 people. The hours of operation will be from 11 AM through 9 PM, Sunday through Thursday, and 11 AM through 10 PM on Friday and Saturday. The Big Tomato will be able to offer a small "oasis" at the southern end of the South Miami shopping district, where tired shoppers, savvy residents, and value conscious' workers will be able to enjoy generous portions of delicious and healthy food at a. reasonable cost. Currently, there are Big Tomato restaurants in P.inecrest, Kendall, Pembrooke Pines, and West Doral, with additional openings slated for Miami Lakes, Coral Gables, Aventura, and South Miami. Bruce Elfenbein Vice President The Big Tomato Franchise Company, Inc, 1 12447 S. DIXIE HWY. MIAMI, FL • 33156 PHONE: 305- 233 -3344 FAX: 305 -233 -2211 SW 70TH ST SUNSET DR PB -02 -011 Special Use Application Restaurant in NR District 7400 Red Road 3 //Z cn �i S D SW 72ND ST Cn , cn n Cn W 73RD ST x m Cn SUJCT CO PPR0 RTY ° W 74TH ST;.;: � rt SW 74TH TE SW 74TH TE �- Feet TE v S ......................... DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 13, 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 8:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Comendeiro. Board members absent: Ms. Yates. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo and Eve Boutsis, (City Attorneys), Gremaf Reyes (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings (Mr. Morton sworn in speakers) PB -02 -012 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED THREE STORY RETAIL AND PARKING GARAGE COMPLEX IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION (NW CORNER OF SW 73`d STREET AND SW 58" AVENUE); SPECIAL EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting August 13, 2002 Page 2 of 8 Applicant Present: Anne Cotter, Arquitectonica Speakers: Simon Ferro, (Greenberg Traurig, P.A.) Jack Ahlstedt, (Consul -Tech Engineering, Inc.) Subrata Basu, ACM /B /Z and Community Development, Director Alex Abril, property owner David Tucker, Sr., resident Action: Mr. Comendeiro read the item into the record and staff presented the request, consisting of the following four special exceptions to modify regulations pertaining to the building's proposed design and layout: I . Lot coverage (Ref. 20- 7.9) -60% max. required / 83% provided; 2. Building Frontage (Ref. 20- 7.9)- 30 -70% required / 87% provided 3. Awning length (Ref. -7.9 and 20 -7.1 l) -100 % required / 82% provided 4. Building Ground Floor Area (Ref. 20 -7.9 and 20 -7.11) – 20,000 sq.ft. max required / 37,940 sq.ft. provided. Ms. Cotter gave a visual / verbal presentation of the project, consisting of the construction of a 3 -story parking garage and retail shops on property located in the Hometown Overlay District, at the above - referenced location. Mr. Ahlstedt, who prepared a Traffic Impact Analysis for this project, addressed the Board with the conclusions of the traffic study. (The complete report was part of the agenda package delivered to the Board members prior to the meeting). The following are some of the Board's concerns raised at the meeting, but not limited to: impact of the project on traffic; traffic circulation in the alleyway; motorists exiting the parking area at the northeast corner have no visibility to the right for sidewalk pedestrians or passing vehicles; loosing a few existing street parallel parking spaces; retail delivery on SW 73`d Street which might cause traffic jam; the need for a door on the interior for extra access into the trash room; the design of the awnings not being harmonious with the architectural character of the City; Mr. Morton opened the public hearing: Mr. Ferro addressed the Board with regard to the impact, in their opinion, this project would have on his client's property. Mr. Ferro represents'Dabby Properties, owners of the building adjacent to the project site. He expressed concern regarding the impact of the project on the alleyway and also on the parking spaces they presently utilize. Mr. Ferro stated that the proposed fifteen feet of alleyway will not suffice to accommodate the flow of delivery vehicles. In Mr. Ferro's opinion, the project will have a severe negative impact on his client's business and will also decrease the value of his property. In essence, Mr. Ferro is objecting to the applicant's request for special exception dealing with the lot coverage. Planning Board Meeting August 13, 2002 Page 3 of 8 Motion: Mr. Comendeiro moved to approve the request for special exceptions, as recommended by staff, and as per section 20 -7.51 of the City of South Miami Land Development Code, and Ms. Gibson seconded the motion, as follows: 1. Lot coverage (Ref. 20 -7.9): Required: 60% maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property line 2. Building Frontage (Ref. 20 -7.9): Required: 30 -70% of each side elevation facing a street Provided: 87% for both east and west sides, in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on- grade parking) 3. Awning length (Ref. 20 -7.9 and 20- 7.11): Required: 100% of Building frontage Provided: 82 %, in keeping with the architectural style of a series of smaller storefronts 4. Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.ft. maximum Provided: 37,940 sq.ft. in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on -grade parking) Vote: Ayes 5 Nays 1 (Mr. Mann) PR_(12_()()9 Applicant: Miami Auto Salon, Inc. 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 ACCESSORIES AND PARTS STORE IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY Applicant Present: Luis Bermudez Action: Mr. Illas read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automotive accessories and parts store at the above referenced location. Planning Board Meeting August 13, 2002 Page 4 of 8 „ The applicant states that the business will specialize in the installation of custom wheels and rims for luxury type vehicles. He also stated that the business will not generate air or chemical pollution, and there will be no tire disposals. The applicant further states that of the art computerized machines will result in zero noise levels. The Board, staff and the applicant discussed the request Motion: Mr. Illas moved for approval of the request as presented and Mr. Comendeiro seconded the motion, with the following conditions as recommended by staff: 1. Servicing of automobiles shall only be allowed inside the building. 2. Automobiles remaining on the property overnight shall be stored inside the building. 3. If the subject auto accessories and parts store 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 6 Nays 0 PB -02 -010 Applicant: EJS Holdings (Enterprise Leasing) 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 AUTOMOBILE RENTAL AGENCY IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. Applicant Present: Carlos Williard, Attorney Speakers: John Portuondo Curt Neary Action: Mr. Morton read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automobile rental agency at the above - referenced location. The other use in the building will be a retail bicycle store. Planning Board Meeting August 13, 2002 Page S of 8 The Board, staff and the applicant discussed the request. The applicant is proposing a significant landscaped buffer area along the rear property line. The buffer zone, as required by the recent LDC amendment, will consist of ficus hedges and mature palm trees. The applicant intends to use a low noise level pneumatic vacuum cleaner in the rear of the property. The applicant also stated that there will be no car washing or vehicle repair on site. Several Board members complained that the submitted site plan did not show the specific location of the business inside the building and that the rear access drive would require removal of a part of the building. Mr. Illas felt that this type of car rental agency is not an appropriate use in the City of South Miami. The installation of a CBS wall was discussed as opposed to the proposed landscaped buffer. Ms. Boutsis referred to City Ordinance No. 6 -02 -1774 (LDC 20 -3.4) approved by the City Commission July 23rd, 2002, establishing that a landscape buffer is acceptable when a property is adjacent to a residential district. Mr. Portuondo, owner of an abutting residential building, testified that the proposed buffer was not sufficient to protect his property and tenants. First Motion: Mr. Comendeiro moved to approve the application with the following conditions: (1) to install a six feet maximum height wood fence and a six feet maximum height hedge at planting; (2) to bring back the modified site plans showing the cutting of the building; and (3) staff recommendations. Vote: Ayes 0 Nays 0 Second Motion: Mr. Illas moved to deny the application. Mr. Mann seconded the motion. Vote: Ayes 3 (Mr. Illas, Mr. Mann, Mr. Liddy) Nays 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Third Motion: Mr. Morton moved to approve the application with the following conditions: (1) on -site parking not to exceed three automobiles on a 24 -hour basis; (2)' to bring back the modified site plans showing the cutting of the building and the closure of parking; (3) the installation of a six feet maximum height hedge at planting and a six feet maximum height chain link fence; and (4) removal of the existing detached sign pole frame. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Nays 3 (Mr. Illas, Mr. Mann, Mr. Liddy) At this point, Mr. Lorber referred to Land Development Code Section 20- 6.1(B- 4a,iv) which provides that if the Board has not reached a decision on an item, "then the item shall be transmitted forthwith to the city commission with a "No Comment" recommendation." Planning Board Meeting August 13, 2002 Page 6 of 8 Fourth Motion: Mr. Illas moved to defer the application until the full membership of Board (7) was in attendance, and have the applicant submit the modified plan at that time. Mr. Mann seconded the motion. Mr. Illas withdrew his motion. Fifth Motion: Mr. Illas moved to transmit the application to the City Commission with "No Comment" recommendation. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays 1 (Mr. Mann) PB -02 -011 Applicant: Big Tomato Franchise Company, Inc. 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 A GENERAL RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. Applicant Present: Bruce Elfenbein Action: Mr. Liddy read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate a general restaurant, the "Big Tomato ", at the above referenced location. The proposed area of the restaurant is to be located in two existing stores, which are to be combined to form a single unit. It will occupy 1,200 square feet, and will be an upscale casual restaurant. The Board, staff and the applicant discussed the request Motion: Mr. Morton moved to approve the application with the following conditions as recommended by staff, as follows: (1) restaurant must provide appropriate procedures for storage and removal of trash and garbage; (2) If the subject general restaurant 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 6 Nays 0 Planning Board Meeting August 13, 2002 Page 7 of 8 PB -02 -008 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record and staff presented the proposed amendment. The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. At a recent City Commission meeting containing a waiver -of -plat application on the agenda, the Commission discussed the lack of the process required for a waiver -of -plat application, whether it is first subject to review by the Planning Board, or whether the surrounding neighborhood is to be notified of pending waiver -of -plat applications. The Commission also expressed the desire to have such applications reviewed based upon neighborhood compatibility in addition to the minimum zoning code standards. Therefore, a draft ordinance has been prepared by the Planning Department for review and comment by the Planning Board. First Motion: Mr. Comendeiro moved to approve the changes to the Land Development Code (LDC) as proposed by staff, and also including a recommendation that the fee charged be changed to $2,000.00. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. MannO Nays 3 (Mr. Morton, Mr. Illas, Mr. Liddy) Second Motion: Mr. Mann moved to approve and Mr. Morton seconded the motion, to amend the Land Development Code (LDC) as proposed by staff, with a modification as follows: City Commission Findings. Prior to approving a waiver -of -plat the City Commission shall use the following_i-uidelines: Planning Board Meeting August 13, 2002 Page 8 of 8 (a) The building site created by the proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding The building site created by the proposed waiver -of -plat will not result in existing structures becoming nonconforming as the relate to setbacks and other applicable regulations of these land development regulations. The building site created by the proposed waiver -of plat will be free of encroachments from abutting buildable sites. Additional Conditions. The City Commission may designate such additional conditions in connection with a waiver -of -plat as will, in its opinion, assure that such waiver -of -plat will conform to the foregoing _ requirements. Additional Application Requirements. As part of the required waiver -of -plat application applicants shall be required to submit a proposed site plan for the resulting building parcels an existing tree survey (may be included in propert y survey) which shall indicate any proposed tree removal or relocation necessary, and if so the appropriate City of South Miami application for tree removal or relocation. Vote: Ayes 5 Nays 1 (Mr. Liddy) The Board then requested staff to suggest an appropriate increase in the fee charged for a waiver -of -plat application. IV. Approval of Minutes Action: The Board duly voted on and approved the minutes of May 28, 2002 Vote: Ayes 6 Nays 0 V. Remarks: No remarks. VI. Adjournment Action: There being no further business before the Board, Mr. Illas adjourned the meeting at approximately 11:45 PM. RGL /mmm K: \PB \PB Minutes\2002 MinutesMNS 08- 13- 02.doc 1k e 1~ i r i Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: August 16, 2002 and City Commission From: Charles Scurr Re: Agenda Item /7 City Manager '° Reaffirming support for Miami -Dade County Human Rights Ordinance REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HUMAN RIGHTS; REAFFIRMING SUPPORT FOR THE MIAMI -DADE COUNTY HUMAN RIGHTS ORDINANCE AND °OPPOSING REPEAL OF THE ORDINANCE; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Russell reaffirms the City's support for the Miami -Dade County Human Rights Ordinance and opposes the repeal of the ordinance. The Mayor and City Commission adopted Resolution No. 192 -00- 11085 to affirm their commitment to ensure equality and freedom for all people regardless of race, religion, sexual preference, or gender and to join in advocating equal rights for all. A referendum to repeal the Miami -Dade County human rights ordinance is schedule for September 10, 2002, the adoption of this resolution would reaffirm the Mayor and City Commission's commitment to equal rights for all by opposing the repeal of the ordinance RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 HUMAN RIGHTS; REAFFIRMING SUPPORT FOR THE 6 MIAMI -DADE COUNTY HUMAN RIGHTS ORDINANCE AND 7 OPPOSING REPEAL OF THE ORDINANCE; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, by Act of Congress of the United States, dated July 2, 1964, 11 the Civil Rights Act of 1964 was adopted, banning discrimination because of a 12 person's color, race, national origin, religion, or sex; and 13 14 WHEREAS, by Act of Congress of the United States, dated July 9, 1868, 15 the Fourteenth Amendment of the Constitution of the United States was adopted, 16 giving all persons born or naturalized in the United States the right to due process 17 and equal protection under the law; and 18 19 WHEREAS, the Miami -Dade County Commission adopted an human 20 rights ordinance banning discrimination because of a person's color, race, national 21 origin, religion, or sex or sexual preference; and 22 23 WHEREAS, the Mayor and City Commission adopted Resolution No. 192- 24 00 -11085 to affirm their commitment to ensure equality and freedom for all people 25 regardless of race, religion, sexual preference, or gender and to join in advocating 26 equal rights for all; and 27 28 WHEREAS, a referendum to repeal the Miami -Dade County human rights 29 ordinance is schedule for September 10, 2002, and the Mayor and City 30 Commission wish to reaffirm their commitment to equal rights for all by opposing 31 the repeal of the ordinance. 32 33 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 35 36 Section 1. The City of South Miami reaffirms its commitment to ensure 37 equality and freedom for all people regardless of race, religion, sexual preference, 38 or gender and hereby supports the Miami -Dade County human rights ordinance 39 and opposes the referendum question to repeal the ordinance 40 41 Section 2. A copy of this resolution be sent to the Miami -Dade County 42 Commission and to the Dade League of Cities. Additions shown by underlining and deletions shown by everstr4k g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 APPROVED: MAYOR 2002. Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: W CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 27, 2002 FROM: Charles D. Scurr RE: Agenda Item # I I City Manager All Comm. Meeting: 09/03/02 Re: Authorization for the City Manager to execute Professional Surveying Service Work Order with Schwebke- Shiskin & Associates, Inc. for land surveying service related to: Seven Traffic Circles with the Cocoplum Terrace Neighborhood. REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH SCHWEBKE- SHISKIN & ASSOCIATES, INC. FOR PROFESSIONAL SURVEYING SERVICES FOR SEVEN TRAFFIC CIRCLES WITH THE COCOPLUM TERRACE NEIGHBORHOOD IMPROVEMENTS IN AN AMOUNT OF $10,500.00 FROM ROADWAY IMPROVEMENT BOND FUND ACCOUNT NUMBER 001- 0000 -132 - 2052; PROVIDING AN EFFECTIVE DATE. BACKGROUND: Following your approval to proceed with the necessary engineering design plans for Traffic Circles with the Cocoplum Terrace Neighborhood, we have requested the attached proposal from Schwebke - Shiskin & Associates, Inc. for professional surveying services on the project. We plan to piggy -back on Schwebke - Shiskin's current contract with Miami -Dade County for surveying services. The copy of the contract is attached. The project consists of the installation of seven (7) permanent traffic circles within the Cocoplum Terrace neighborhood. The proposed locations are: 1. SW 66' Street & SW 63rd Avenue 2. SW 66' Street & SW 64" Avenue 3. SW 68th Street & SW 63rd Avenue 4. SW 68" Street & SW 64' Avenue 5. SW 69' Street & SW 62nd Court 6. SW 70' Street & SW 63rd Avenue 7. SW 65th Avenue& Twin Lakes Drive continued/ Page 2 of 2 Comm. Agenda Item August 27, 2002 As required by Miami -Dade County, temporary traffic calming circles have been installed at six (6) of these locations for at list six (6) months. It is now time to install the permanent circles. The services will be funded from Roadway Improvement Bond account number 001- 0000 - 132 -2052. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: 0 Proposed Resolution U Professional Land Surveying Services Work Order 0 Schwebke - Shiskin & Associates, Inc.'s contract with Miami -Dade County 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL 5 SERVICE WORK ORDER WITH SCHWEBKE- SHISKIN & ASSOCIATES, INC. FOR 6 PROFESSIONAL SURVEYING SERVICES FOR SEVEN TRAFFIC CIRCLES WITH THE 7 COCOPLUM TERRACE NEIGHBORHOOD IMPROVEMENTS IN AN AMOUNT OF $10,500.00 8 FROM ROADWAY IMPROVEMENT BOND FUND ACCOUNT NUMBER 001- 0000 - 132 2052; 9 PROVIDING AN EFFECTIVE DATE. 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 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of Schwebke - Shiskin and Associates, Inc., to provide professional surveying services for seven Traffic Circles within the Cocoplum Terrace Neighborhood Improvements, and; WHEREAS, Schwebke - Shiskin & Associates, Inc.'s fee is patterned after their contract with Miami - Dade County, and; WHEREAS, the proposed professional surveying services will be funded through the Roadway Improvement Bond Fund Account Number 001- 0000 -132 - 2052. NOW THEREFORE; be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to execute a Work Order with Schwebke- Shiskin & Associates, Inc. in connection with professional surveying services for seven Traffic Circles within the Cocoplum Terrace Neighborhood in an amount of $10,500.00. Section 2. That the attached proposal. Professional Service Work Order, be made a part of the resolution. PASSED AND ADOPTED this 3rd day of September, 2002. APPROVED: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Julio Robaina, Mayor Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner Feliu: Aug 28 02 09 33a Schwebke-Shiskin (9543438-3288 P.1 V 1 '3CAWOU8,37hus & jamiakt .1c. eaqi"Orz ' ptajdp/anav" SA Lett LfLEYC ;�'9 3240 Corperate Way, Mim-mr, Florida 33025 Dade Phone: (3051652 7010 Broward Phone: (954) 435 -7010 Dade Fax: (305) 652-8284 & Broward Fax: (954) 438-3288 Please, deliver the following material to: NAME' la—ria— FAX NUMBER: 305-668-7354 CON4P,,*,NY: 041 'Sautla Afialhl Fpu)m: Alfonso C. Tella DATE: 8-29-2002 TIME, -,OT,kL. NUMBER OF PAGES 01 INCLUDING THIS COVER SHEET. We are transmitting froin Hewlett Packard Office Jet OUR FAX NUMBFR IS (Dade) (305) 652-8284 and (Broward) (954) 438-3288 REFERENCE, -fmwaf far sur *w Services for the Traffic Circles tt*voiaiiBhaailiKegaiLiLgilestietis lease call me If you did not receive all of the pages or if there is a problem, please call (Dade) (305) 652-7010 or (Broward) (954) 435-7010. Aug 28 02 02:45p Schwebke- Shiskin (954)438 -3288 p.3 �L Fcteii F. dacw)n ° SJA LAND SURVEYORS - ENG:NEERS • LAND PLANNFFS lien W. Croce, P AI'onsc ^.'ello, P.E . P.S.A4, 32e0 CORPORATE WAY - MIRAP,IAF, FLORMA 53025 Hamandc J. Navas, P.E. P.S:A4. ?onaid A. Frier, P.S.M. M'NARD PHONE: (354) 435-MO Bria :+ S 3cwe, Mlchael J. A,ley, Pierre R. Calvet, P S N1. CIAOE PHONF (3051652 -7010 Luis F. peon, P.E. Raui E. Pareto. RS M. BROWARD FAX: ;954) 43&32x38 • CADE FAY: x,306) 952.82B4 AI@erto A. Mors, P.E. Txc- nin 141. lh duzea.:'.$JA. WW0 /.3HISKIN.00PJI August 5, 2002 (Revised August 28, 2402) Via Fax & Mail - 305 -668 -7208 Nir. Agibula Iialobun, Director of Public Works city of Snuth Wand =1795 S. W, 75dt Avenue South Mj:imi, Florida 33155 Re: Surveying Services Regarding Certain South 1't•Iiand Intersections, Which are to be Improved as Traffic Circles Dear .Mr, Ralogun: Pursuant to our meeting regarding the scope of the Surveying Services for the above referenced project, p' :ease accept the following proposal: SCOPE OF SERVICES and SCHEDULE OF FEES: Perform a Specific Survey of fife intersection of S. W. 640` Avenue & S. W. 66`h Street to include 75 feet in all directions from the intersection. This work will include the location and Topography of al, above ground improvements within the boundary of the survey. Our fee for this wark will be One Thousand Five Hundred Dollars ($1,300.00); 2. Perform a Specific Survey of the intersection of S. W. 63r` Avenue & S. G 66L" Street to - riclucle 74 feet in all directions from the intersection. This work will include the location and Topography of all above ground improvements within the boundary of the survey. our iee for this woFv, will be One Thousand Five Hundred Dollars ($1,500.00). 3. Perform a Specific Survey of the inmrsection of S. `N, 64`1' Avenue & S. W, 6S't' Street to include 75 feet in all directions from the in.ersectior, This work will include the location and Topography of all above ground improvem=s within the boundary of the survey. Our tee ;or this work will be One Thousand Five Hundred Dollars ($1,500.00). 4, Perform a Specific Survey of the intersection of S, ,IV. 63`'1 Avenv :e &, S. W. 68`` Street tc int.lud 75 feet in all directions from the intersection. This work will ineiade the location ;nd Topography of all above ground improvements within the boundary of the survey. Our fee or this Nxrork will be One Thousand Five Hundred Dollars ($1,500.00). DARE OFFICE - 11541 5'W 1447H STREET, MIAMI, FL 33186 • Pf ONE: t�G5i 233 -921 J g 28 C2 02:46p Schwebke- Shiskin [954)438 - 3288 p.4 Mr. Agibola Balogun August 5, 2002 (Revised -August 28, 2002) Pate two 5. Perform a Specific Survey of the intersection of S. W. 62 `4 Court & S. W. 69"' Street to include 75 feet in all directions from the intersection. This work will include the location and Topography of all above ground improvcrients within the boundary of the survey. Our fee for this work will be One Thousand Five Hundred Dollars ($1,500.00). Cs. Perform a Specific Survey of the intersection of S. W. 63rd Avenue & S. W. 70'h Street to include 75 feet i Tall directions from the intersection. This work will include the location ani Topography of all above ground improvements within the boundary of the survey. Our fee for this work will be One Thousand Five Hundred Dollars ($1;500.00). Perform a Specific Survey of the intersection of S. W. 65 "' Avenue & T'win Lakes Drive to include 75 feet in all direction.- from the intersection. This work will include the location and Topography of all aboveground improverrienis within the boundary of the survey.; Our fee for t' is work will he One Thousand Five Hundred Dollars ($1,500.00). I would l.ke to thank you for giving us the opportunity to offer you this proposal If this proposal is 3cneptab'_e to you, execute the original and return it to our office, so we can proceed with the work Ra,spec?fally submitted, .Schwebke -zz:77� Alfonso C. S:•cretaryJreasurer ACII/ is .'Pl'ed r.or: Cin, of Sou:h 1Vliami !Siglialwe) -- (Title) (Pnnl Name) +� (Date) 1'•:'i.vnrla.�rc�;c�suls!sa:rtk ,blucrti; �tjivulu bulo�cr..l GRAND TOTAL $10,500.00 I.1_154.f4FJT. Z4 `'cIB P.2 w, y NON - EXCLUSIVE PROFESSIONAL SERVICES THIS NON - EXCLUSIVE AGREEMENT Is made and entered into this IL4 day of _,2001, by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY ", and SCHWEBKE- SHISKIN & ASSOCIATES, INC., a Florida Corporation, hereinafter referred to as the "SURVEYOR" W'ITNESSETH: For and in consideration of the mutual agreements hereinafter contained, the COUNTY hereby retains the SURVEYOR and the SURVEYOR hereby covenants to provide the professional services prescribed herein in connection with General Land and Engineering Surveying Services. SECTION I'- COUNTY OBLIGATIONS The COUNTY agrees that the Public Works Department or its authorized designee shall furnish to the Surveyor any plans and other data available in the COUNTY filpS npi-tainina to the work to be nerformed under this Acireement. V`�y i. 19S 9(`I.,.fY 4^Ht�l+'��P�W' �Y�.�4. G V G Z "Director", rosoIrves the right to guarantee the accuracy of information provided by the COUNTY to the Surveyor. When such guarantee Is provided in writing, the Surveyor shall not be compensated for independent verification of said irrforrnation. There are no specific project$ to be designated Linder this Agreement. The Surveyor shall be Issued work orders by the Director as the need for services arises, covering in detail the scope, time for completion and compensation for the work to be accomplished. In case of emorgency, the COUNTY reserves the right to issue oral authorization to the Surveyor with the understanding that written confiramaticn shall follow Immediately thereafter. The Sun/eyor shall submit a proposal upon the Director's request prior to the issuance of a Notice to Proceed. No payment steal! be made for the Surveyor's time or services in connection with the preparation of any such proposal. The Director or his authorized representative; shall ccnferwith the Surveyor before any Notice to Proceed is issued to discuss and agree upon the scope, time for completion, and fee for services to be rendared pursuant to this Agreement. SECTiCyN li - P t�PESSIONAL. EE VICES Upon receipt of written authorization from the Director to proceed with a Particular unit or section of work, the Surveyor shall clear all standing growth and undergrowth at the site(s) as necessary to facilitate performance of requested ;and or engineering surveying work. 6 The work to be performed by the Surveyor shall consist of, but not limited to: photogrammetric control; the monumentation _and remonurnentation of property boundaries and subdivisions; the measurement and preparation of plans showing existing improvements after construction; the layout of proposed improvements; the preparation of descriptions for use In legal instruments of conveyance of real Property and property rights, the preparation of subdivision planning maps and record plats; the determination of, but not the design of, grades and elevations of roads and land in connection with subdivisions or divisions of land; and the creation and perpetuation of alignments related to maps, record plats,, field' notes, records, reports, property descriptions, plans and drawings that represent them. This work also Includes the provision of topographic, hydrographic, and geodetic surveying and mapping services. All field survey information shall be recorded In standard field books andlor data collectors, in sufficient detail' to reflect existing field conditions and provide all information required for the preparation of survey drawings, maps and construction plans as required. When using a data collector, a report and digital submission shall be provided with all necessary field survey information, along with a field book showing rnonumenting and referencing of boundary lines, offset lines, baselines, reference lines, horizontalivertical control points, All such survey work is to be performed as instructed by the Director or his au,thotized designee and in accordance with Chapter 61G17 of the Florida Administrative Code, and as set forth herein: A. Note Keeping I oarxurevnl&-Zria5KIn f,`�reA1A?%1 -�2RF1 R.� r� 1. The field book number and project number, both furnished by the COUNTY, shall be lettered on the front outside cover of each field book. 2. The name of the Surveyor shall be placed or stamped on the flyleaf of each field book. 3. The first page or pages of the field book immediately following the flyleaf shall contain an Index showing the limits and types of each phase of the survey, and the pages of the book on which this information is recorded. 4. All field books shall be cross - referenced to other field books used on the same project or site. 5. Ail field book pages shall be numbered. 6. For each phase of the work, the left -hand page in the field book shall list the title and limits of the work being performed, the Section, Township and Range in which the site is located; and the project number, if applicable. The right -hand pages shall fist the date, weather conditions and the names of survey party personnel. The survey base lines, as the case may be, shall be drawn with distances, angles, reference points, north arrow, and description of the various points and shown in the field notes in an accurate and legible manner. 7. Topography details shall be plotted on right -hand pages in the field book. Stations and right angle distances to objects shall be recorded. All physical features such as buildings (with description), trees, utility 4 Ru€ 21 112 02:18p Sehwebke-Shiskin (954)438 -3288 p.4 poles, fence lines, utility mains, pipe tines, sewers, pavements, sidewalks, ditches, railroad tracks, drainage structures, etc., shall be recorded with a description of each shown on the left -hand page. When using a data collector, a report and digital submission shall be provided with all necessary field survey information in a format as required by the Director. Ties to section lines and sections corners, and other specified property corners shall be shown in the topography rotes and field book. 8. At intersection of tangents (P.I.), the curve length, tangent length, and external distance shall be determined to the nearest one - hundredth (11100) foot. The curve data and the tangent distance shall be recorded approprlateiy in the field book. g. All horizontal control points shall be referenced, the point of these references shown in the .Field book. Special consideration shall be given to selection and location of reference points to ensure they are not disturbed during construction of the proposed improvements. 10. In rase of public land survey corners that have been used as control foor the contract survey, referencing and filing of records shall be in conformance with Part ill of Chapter 977 of the Laws of the State of Florida. A certified corner record will be completed and filed with the Department by any Surveyor made under his direction, idendfaes, recovers, reestablishes, remonuments, restores or uses as control a 5 21 (12 02: 18p Schwebke- ,hiskin (954)438 -3288 p.4 pales, fence tines, utility mains, pipe lines, sewers, paverne nts, sidewalks, ditches, railroad tracks, drainage structures, etc., shall be recorded with a description of each shown on the left -hand page. When using a data collector, a report and digital submission shall be provided with all necessary field survey information in a format as required by the Director. Ties to section lines and sections corners, and other specified property corners shall be shown in the topography notes and field book. S. At intersection of tangents (P.I.), the curve length, tangent ieng }h, and external distance shall be determined to the nearest ore- hundredth (ill 00.) foot. The curve data and the tangent distance shall be recorded apprupriateiy in the field hook. g. All horizontal control points shall be referenced, the point of these references shown in the freid book. Special consideration shall be given to selection and',locatiron of reference points to ensure they are not disturbed during construction of the proposed improvements. 10. In case of public land survey corners that have been used as control for the contract survey, referencing and filing of records shall be in conformance with Part ill of Chapter 177 of the Laws of the State of Florida. A certified corner record will be completed and filed with the Department by any Surveyor made under his direction, identifies, recovers, reestablishes, remonuments, restores or uses as control a 5 Q,c:rararVrcr=arra�eK`i_n _ t;.1'��.I ��:1 .. (a.� public land comer accessory, unless the corner or its accessories are substantially as .described in a previously filed corner record. The location and description of all temporary and permanent reference points shall be noted in the field book and copies of the corner record sheets supplied to the Public Works Department. 11. The description and elevation of benchmarks set at strategic locations throughout the site shall be noted in the "field book. Level runs for establishing bench marks and temporary bench marks shall be recorded on the left -hand page of the field book, and a description of the bench marks noted on the right -hand page with stations and right angle distances to each. Ties shall be made to existing benchmarks. 12. Cross - section notes shall',,be made with stationing shown in the first column of the left -hand page and a description of the bench darks or turning points and breaks or changes in ground elevations recorded on the same page. Elevatlon of benchmarks or other important points shall also be noted on this'page. On the right -hand page, rod readings shall be recorded showing the distance right or left of the base line orcenteriine at which the reading was taken. Distances shall be recorded directly beneath the rod readings. When using a data collector, a report and digital submission shall be provided with all necessary field survey information in a format as required by the Director. R T 13. Cross- sections shall be taken normal to the base line at each station, with additional cross - sections taken between stations wherever breaks or changes in ground elevation require- them - - - - 14. Centerline profiles along Intersection driveways, roads, ditches, and railroad rails shall be Included in the cross- sections notes. Readings on pipes, manholes, utility valves, etc., shall also be recorded. 15. All elevations shall be based on NGVD 1929 datum. 16. Type and condition of existing road surfaces shall be noted. 17. The elevation of headwall tops; tops of openings; flow lines of all existing structures up to a distance of 5 feet beyond the right -of -way line; and any other similar Items deemed necessary by the Director shall be obtained and recorded. 18. Equations and angles with intersections to all existing surveys encountered in the work shall be established and angles on all intersecting railroads shall be turned. 19. The elevation of all existing pavements, bridge decks, or other incidental surfaces or structures which are to be matched by proposed improvements shall be obtained and recorded. 20. The nearest comer of any building or structure within 50 feet of the public right -of -way shall be located, referenced and recorded. 21. Stationing of base lines shall increase to the north and east. B. Field Work 1. Control points shall be sot for horizontal control. These points shall be set at appropriate intervals and at all points of curvature and, when applicable, at each side of canals. 7 T'd 88ZE- CiEb(bS6) ui�{styS- a�19am4�S dLZ�ZO �D Tz ��F+ Mr.M rrPi te"fi, may 59-usess n concrete surfaces. 2. Angular control-angles shall be turned a-sufficient number of times to obtain the accuracy as required in 21 -HH-6 of the Florida Administrative Code. 3. Wood stakes, approximately 16 Inches long, shall be placed at each station along the base line or centerline. Longer stakes shall be used where necessary to obtain rigidity. Guard stakes showing stationing shall be placed at each control point. The stationing along the survey baseline or centerline shall progress from south to north, or from west to east, and the stationing shall always be a horizontal distance established by use of steel Surveyor's tripe and plumb bobs or an electronic measuring device. Baseline or centorlins stakes or markings shall be set at each one hundred -foot station along the survey route, apd the chaining shall be done to the nearest one hundredth of a foot. The point of curvature and point of tangency shall be establishad on the tangent lines and the centerline curve shall be stationed. 4, Sonch marks and temporary bonchrna,rks shall be s9t at frequent intervals outside the construction li nyits of the sits. Benchmarks may consist of large nails or square cuts in concrete surfaces such as concrete headwalls or steps, etc. Additionai benchmarks shall be set in areas where a considerable amount of construction is planned such as bridge sites. No benchmarks are to be set In trees or utility poles. C.a�rve- %s Boundary surveys sketches, maps and specific purpose survey drawings shall be in accordance with the requirements of Chapter 61 C17 of the Florida Administrative Code, as Presently written or hereafter amended, and the requirements of the t 1 Director. Survey drawings shall be drawn to a standard scale a- nd sufficient size that will permit showing the required detail clearly and legibly without the appearance of crowding. D. General Requirements In connection with professional services to be rendered pursuant to this Agreement, the Surveyor further agrees to; �. Maintain an adequate \staff of qualified personnel on the work at all times to ensure its completion within the term specified in the applicable Notice to Proceed. 2. Comply with any federal, state and local laws or ordinances applicable to the work. 3. Cooperate fully with the COUNTY in the scheduling and coordination of all phases of the work. 4. Prepare necessary documents, if required, for County, City, State and Federal agencies. 5. Report the status of the work to the Director upon request and hold Pertinent data, calculations, field notes, records, sketches, and other work products open to the Inspection of the Director or his authorized agent at anytime. s. Submit for COUNTY review . computations, sketches, and other data representative of the work's progress at the percentage stages of completion which may be stipulated in the applicable Notice to Proceed. Submit for COUNTY approval of the final work products upon incorporation of any modifications requested by the COUNTY during any previous review. 7• Submit one original set of all survey field notes and any other data developed in the performance of requested surveying work. The field notes shall be 9 I .2 Presented in approved Engineer Field Books. 8. Be available at all times for genera{ consultation and advice through the effective term of this Agreement. = -- . -- --- - 9. Confer with the COUNTY at any time during the further development and implementation of improvements for which the Surveyor has provided professional services as to interpretation of plans and other documents, correction of errors and omissions and preparation of any inecesswy plan thereof. The Surveyor shall not' be :compensated for the correction of errors and omissions on the part of the Surveyor. LECTION III - SCHEDULE QF V1IORbC a1NL? T__._±l_Vi ..,_FOR GONIPi_ETIOI� The COUNTY shall have the sole right to determine on which units or sections of the work the Surveyor shall precede and in what order, Written Work Orders issued by the director shall cover in detail the scope, time for completion and intent of requested services. The services to be rendered by the Surveyor for each section of the w irk shall Commence upon receipt of a written Work Order from the Director subsequent to tlhe execution of the agreement, and shall be completed within the tarns stated in the Work Order. A reasonable extension of time shall be granted In the event there is a delay on the part of the COUNTY in fulfilling its part of the Agreement or should a Force Majeure, as defined in Section IV hereof, render performance of the Surveyor's c,uties impossible. Such extensions of time shall not be cause for any claim by the Surveyor for extra compensation. 10 Rug 21 02 02s34p Schwebke-ShJAskin (954)438-3288 p.3 SECTION N - FORCE MAJEURE Force Majeure shall mean an act of Gods_ epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the right and obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except as previously noted) or the acts or omissions of subconsultants /subcontractors, third -party subconsultantslsub- contractors, material, men, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligation of the party or parties relying on such f=orce Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving,, to the other party or parties, written notice of its assertion that a Force Majeure': has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, In which event,' failure to give such notice shali not prejudice any party's right to justify any nonperformance as caused by Force Majeure unless the failure to give timely, notice causes material prejudice to the other p t'tY or a II I t parties. I SECTION V - COMPENSATION; The COUNTY agrees to pay and the Sunieyor agrees to accept, for services rendered pursuant to this Agreement, Including work as stipulated by Section 11 -'Professional Services and all preliminary and/or Incidental work thereto, fees computed in accordance with the following negotiated schedule of rates: A. General Land and Engineering Surve in No I. Survey Crew (Party of Four) $ 850/ per 8-hour day In I It job site 2. Survey Crew (Party of Three) $ 720 per 8-hour day in I job site 3. Survey Crew (Party of Two) 590 pert-46-ur day in job site., 4. Draftsperson $ 43 perhour 5. Surveyor-Computer $ 54 per hour 6. Principal-Surveyor $ 92 per hour 7. Supplies at a construction site only direct Cost B. Global Positi,,-,-.-- S, I- Survey Crew (Party of Four) $1190 2. Survey Crew (Party of Three) 3. Survey Crew (Party of Two) 4. Draftsperson 5. Surveyor-Computer 6. Principal-Surveyor 7. Supplies at a construction sit4 12 $1020 $ 855 $ 43 $ 54 $ 92 1 only per 8-hour day in Job site per 8-hour day in job site per &hour day In job site r j--,,,'7- .per hour per hour per hour DiLrect Cost C. i At ott General Land and Fnginpa rinca 5urveYin 1. SurvOY Crew (Party of tour) $_ -585 Per 8-hour day in job site 2. Survey Crean (Marty of Three) $ 760 per 8 -hour day in job site 3. Survey Grew ('arty of''wo) $ 635 Per 8 -hour day in job site 4. Craftsperson $ S. Surveyor- cumputer $ 5. Principai- Surveyor $ 7. Supplies at a construction: site► only D. A;I!P_art Global p sitionirrta 1. SUMIV CrOw (Pagy of Four) 8 1 43 per hour 54 per hour 92 per hour Dsfrect Cos; I 240 per 8 -hour day in job site 2. Survey Crew (Party of Three) $1060 per 8 -hour day In job site . Survey Crew (Party of Two) $ 890 per 8-hour day in joi:, site 41 draftsperson $ C3 Per hour CJ5 Surveyor - Computer $ 64 p er hour 06, Principal.3 u rveyor $ 92 per hour 7• Supplies at a construction site only Direct COIL For items A(1), A(2)3 B(1), B(2), C(1), C(2), Q(1) and D(2), as rnanftum of four hours shat; be paid in eases of cancellation due to inclement weather or other reasonts after tiie clf'w has reported to the site, P8Wne, -A for the rental of equipmeast and Purchase of SLIPPh6s required for field work (i.e., PK nails, sakeete, paint and stakes) or the hiring of labor necessary for performance of work requested by the COUNTY shall be made on a direct cast roh burs+ement. basis. Prior written 3PProval from the COUNTY shall be obtained for tbe aforementioned reimbursable expenditures. 13 The total compensation by the COUNTY to the Surveyor for services provided under the terms of this Agreement shall not exceed $750,000,00. SECTION Vl - ADDITIONAL SER_, VICES In the event that a contingency necessitates the performance of additional services by the Surveyor after the maximum compensation limit of the Agreement has been encumbered, the Director shalt have the right to authorize performance of additional services provided that compensation for such services does not exceed ten percent (10 %) Of the Agreement's maximum compensation limit. SECTION Vll - IVPETHOD OF PAYMENT The COUNTY shalt make monthly fee payments to the Surveyor, computed in accordance with Section V, for all work performed during the previous calendar month. The Surveyor shall submit duly certified monthly invoices in triplicate to the Director in the amount clue for services performed to date and including any previously authorized reimbursable expenses incurred during the month, SECTION V11 - SUBCONTRACTING The Surveyor shall not subcontract, assign or transfer any work under this Agreement without the written consent of the Director. When applicable and upon receipt P of such consent in writing, the Surveyor shall cause the names of the firms responsible for the major portions of each separate specialty of the work to be Inserted In the pertinent documents or data. SECiiON IX - E?CTI4A WQRK In the event extra work andlor expenses are necessary due to changes requested 14 after the applicable portion of the work is approved by the COUNTY, such extra worm shall be the subject of an additional Work Order. SECTION X - APPROVAL. The COUNTY agrees, within thirty days after deliver, to approve, reject, or return with indicated suggested revisions or recommendations, all -field notes or other written communications submitted by the Surveyor to the COUNTY for approval. Such approval, revisions, or recommendations by the COUNTY shall not relieve the Surveyor of responsibility for the work. SECTION XI - RIGHT OF DECISIONS All services shall be performed by the Surveyor to the satisfaction of the Director, who shalt decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder; and the character, quality, amount and value thereof. The Director's decisions upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and time for completion of services hereunder, because of any major changes in the work that might become necessary or be deemed desirable as the work progresses, shall be left to the absolute discretion of the Director. In the event that the Surveyor does not concur with the decisions 'of the Director, the Surveyor shall present any such objections in writing to the County Manager. The Director and the Surveyor shall abide by the decisions of the County Manager. This paragraph does not constitute a waiver of either party's right to proceed In a court of competent jurisdiction. i5 SECTION X11 - OWNERSHIP 4F QOCUMEhITS All reports, tracings, pjans, specifications, maps, contract documents, and /or other data developed by the Surveyor pursuant to this Agreement, shall become the property of the COUNTY without restrictions or limitations upon their use and shall be made ova Iable by tha Surveyor at arpy time upon request by the COUNT Y. Reuse of such data by the COUNTY for any purpose other than that for which prepared shell be s-t the COUNTY's sole risk. When each individual section of work requested pursuant to this Agreement is complete, al! of the above data shall be delivered to the Director. SECTION k111- REUSE OF DOCUMENTS The Surveyor may reuse data from other sections of the work included in this Agreement provided irrelevant material is deleted. The COUNTY shall not accept any reused data containing an excess of irrelevant material which has no connection with tho applicab;e portion of the work. SECTION XIV NQTICES Any notices, reports or other written core mUnications from the Surveyor to the COUNTY shall be cona:dered delivered when posted by certified mail or delivered In person to the Director. Any notices, reports or other communications from the COUNTY to the Surveyor shall be considered delivered when posted by certi%ed mall to the Surveyor at the last, address 19ft on file with the COUNTY or delivered in ;person to Said Surveyor or the Surveyor's authorized representative. SECTION XV - AUDIT RIGHTS The COUNTY reserves the right to audit thv records of the Surveyor related to this 16 4 Ru h g �� 21 02 Q.2 1� Schwebke- 5hiskin (954)438 -3288 .: p.3 Agreement at any time during the prosecution of the work Included herein and for a period of one year after final payment is made. The Surveyor agrees to provide copies of any records necessary to substantiate payment requests' to the COUNTY. SECTION XVI.OFFICE OF MIAMI -DADE COUNTY INSPECTOR GENERAL Pursuant to Ordinance 97-215, Miami -Dade County has established the Office of Inspector General which may perform random audits on any County contract throughout the duration of each contract. The cost of the audit for this contract shall be 11. of I % of the total contract amount which cost the (ContractorNendor /Consultant) agrees is included in the total contract amount. The audit cost will be deducted by''the County from progress payments to the (Contractor/VendoriConsuitant). The audit shall be Included in all change orders to this contract and all contract renewals and extensions. Accordingly, the audit cost will be deducted from progress payments to the (Contractor/VendorlConsultant) Pursuant to all change orders, contract renewals and extensions. The Miami -Dade Office of inspector General is authorized and empowered to review Past, present and proposed programs, contracts, transactions, accounts, records and Programs. in addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor existing projects and Programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The inspector general Is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, Inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid /proposal) submittals, activities of the (Contractor /vendor /Consultant), its officers, agents and employees, lobbyists, County 17 ` l staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. The Inspector General shall -have the right -to nspeect and copy all documents and records in the (ContractortVendor/Consultant's) possession, custody or control which In the Inspector General's sole judgement, pertain to performance of the contract, including, but not limited to original estimates files, change order estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, (bidiproposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the (Contractor /vendor /Consultant), its officers, agents, employees, subcontractors and suppliers. The (Contractor,'Vendor /Consultant) shall incorporate the provisions In this suction in all subcontracts and all other agreements executed by the (ContractorNendor /Consultant) in connection with the performance of this contract.' Nothing In this section shall impair any independent right to the County to conduct audits or investigate act)vities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the (ContractorNendor /Consultant) or third parties. SECTION XVII - WARRANTY The Surveyor warrants that no companies or persons, other than bona fide employees working solely for the Surveyor or the Surveyor's COUNTY authorized subconsultants, have 18 y�� -,-, f, -; :.a�'z�5� Sc.h��E^`a�t?- 5'�x5ii ±.r� 9:�54.1A•'.'�.�1- ?��`� -�� - ;� been retained or employed to solicit or secure this Agreement or have been paid or!gUaranteed payment of any fees, commissions, percentage fees, gifts or any other considerations contingent upon or resulting from.-the award. of- analdng of this Agreement. The Surveyor aiso warrants that no COUNTY personnel, whether full -time or part-time employees, has or shall be retained or employed in any capacity, by the Surveyor or the Surveyor's COUNTY approved subconsultaEnts, to accomplish the work contemplated under the terms of this Agreement. For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement withOLIT' liability. SECTION XV111- TERMINATION OF AGREE=MENT It is expressly understood and agreed that the COUNTY may terminate this Agreement without penalty, by thirty (30) days prior written notification or by declining to issue Work Orders, as provided in Section 1, in which svent the COUNTY's sole Obligation to the Surveyorshali be payment, in accordance with Section V - Compvnsatlon, for those units or sections of work previously authorized, Such payment shall be determined oil the basis of the hours or percentage of work performed by the Surveyor up to the tirne� of terrninaticrl. In the event partial payment has been made for professional services not iaerfornied, the Surveyor shall return such sums to the COUNTY within ter! ('10) days after receipt of written notice that said sums are due. tipon such termination, the COUNTY may, without penalty or other obligation to the Surveyor, elect to employ ether parsons to Perform the same or similar services. SECT,10N X2 L. QURATION OF AgREEMENT T his Agmeement shall remain in full forc=e and effect for a period of two years after its date of execution (although. actual completion of the services hereunder 93ay extend �v�r, 2i d, ue: Abp P.6 beyond such term) or until depletion of the funds, allocated to pay for the -cost of the! services described herein, whichever occurs first, unless terminated by mutual consent of the parties hereto or as otherwise- provided in Section -XVII, Section Will, Section XX and Section XXV herein. However, performance of specifically and properly authorized services which extend beyond the Agreement's two-year effective term shall be compensated in accordance to Section V hereof. Section XX DEFAULT In the event the Surveyor fails to comply with the provisions of this Agreement, the COUNTY may declare the Surveyor in default by thirty days prior written notification. In such event, the Surveyor shall only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed. the Surveyor shall return such sums to the'COUNTY within ten (10) clays after receipt of written notice that said sums are due. The Surveyor shall not be compensated on a percentage of the professional services which have been performed at the time the COUNTY declares a default. in the event the COUNTY prevails in litigation to enforce the provisions of this Agreement, the COUNTY shall be compensated by the Surveyor for reasonable attorney's fees and court costs, SECTION XXi - INSURANCE AND INDEMNIFICATION The Surveyor shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers-, employees, agents and instrumentalities may Incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or 20 aenur e. RISKI�r ��g54.143�1= 32��ER pe:� resulting from the performance of the Agreement by the Surveyor or its employees, agents, servants, partners, principals or Subconsultants. The Surveyor shalt pay all claims and losses in connection therewith,- and-shall investigate and defend all claims, suits or actions of any kind or nature In the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which -may issue thereon. The Surveyor expressly understands and agrees that any Insurance protection required by this Agreement or otherwise provided by Surveyor shall In no way limit the responsibility to indemnify, keep and save harmless and defend the County or it officers, employees, agents and Instrumentalities as herein provided. The Surveyor shall not commence anywork underthis Agreement until all insurance required hereunder has been obtained. The Surveyor shall furnish to Miami -Dade County, c/o Risk Management Division, 111 NW 1st Street, Suite #2340; Miami, Florida 33128 -1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlines below, and shall be maintained for the full term of this Agreement: 1. Worker's Compensation Insurance for all employees of the Surveyor as required by Florida Statute 440, 2. Public Liability Insurance, on a comprehensive basis, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County as must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily Injury and property damage. For Services to be performed for the Aviation Department 21 - ?l: 2 1 AIRFIELD ACCESS: Only company owned vehicles or companyledsed vehicles leased from a leasing company will be permitted on the airfield. No such vehicles shall be permitted airfield -access -withoat- Autsmobile Liability in an amount of n6t less than 'I,000,000 combined single limit per occurrence for bodily. in ury and property damage. 4. professional liability insurance in the amount of $1,•000,000 with deductible per ciralrn, if any, not to exceed ten percent (10 %) of the limit of liability. 5. Right to Examine, the Department reserves the right., upon reasor able notice, to examine the criginai or true copies of policies of insurance (including ..but not limited to binders, amendments, exclusions, riders and applications) to determine the true w.+.i....� ..i .o....a. ..... 73..w C'......waaw.. .ai. ••n...r. 4w .. r. r►r.9• e.wh 1ne..i.w�i rya+ wf �in w�nww wt issued by State of Florida Department of Insurance and must be members of the Florida Guaranty Fund,.-- Certificates will Indicate that no modification or change In insurance shall be made without thirty (30) days written advance notice to the certificate holder. For services to be performed for the Miami -Dade County Public Works Department, the Surveyor shall maintain during the term of this Agreement the following insurance: A, Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. S. Public Liability Insurance, on a comprehensive basis, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property. damage. Miami -Dade County as must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work in an amount not less than $300,000 combined single limit per occurrence for bodily - injury and property damage. Public Liability Insurance, on a comprehensive basis, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The policy must be endorsed to show Miami -Dade County as additional Insured. D. Professional Liability insurance in the amount of $250,000.00 with deductible per claim,; if any, not to exceed ten percent (10 %) of the limit of liability providing for all sums which the Surveyor shall become legally obligated to pay as damages for claims arising out of the services performed by the Surveyor or any person employed by the Surveyor in connection with this Agreement. 23 - ��CC- 6f4CPI dSS :ZO ao la 2nd The insurance required shall be issued by companies authorized to do business under the laws of the State of Florida,- wUhthe-foilowing qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's insurance Guide, published by A.M. Best Company, Oidwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division, or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of insurance and mast be members of the Florida Guaranty Fund, The Surveyor shall furnish certificates of insurance to' the Risk Management Division, 111 N.W. First Street, Suite 2340, Miami, Florida 33128 -1987, prior to the commencement of operations, which certificates shall clearly indicate that the Surveyor has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no material changes or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the COUNTY. Compliance with the foregoing requirements shall not relieve the Surveyor of the 1 liabilities and obligations under this Section or under any other portion of this Agreement, and the COUNTY shall have the right to inspect the original insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages. 24 Z'd 882E- 8Et,(t1S6) ujMstyS- 9XgemgoS dSS :ZO 20 Ze 2nd X13 ORDINANCES Tile Surveyor agrees to abide and be governed by Miami -Dade County ordinances willch nlay have a bearing-- on.-the wo* contemplated hereunder, including but not nNt;suarily limited to: t;rdinance No. 72-82 (Conflict of Interest), Ordinance No. 77 -13 (Finttriclai Disclosure), Ordinance No. 82-37 (Affirmative Action Plan), Ordinance No. 90-13.1 (pjsClosure of Ownership, Collective Sat-gaining Agreement, and Employee Wages, Health Cart, rJanafts, Race, National Origin and Gender), Ordinance No. 91 -142 (Family Leave) as arrzeodod by Ordinance No. 92.91, Superseded by Ordinance No. 93 -118 (Family Leave Act), Ordi,'�ence No. 92.15 (Drug -Free Workplace), Resolution No. R- 202 -96, Resolution; No. R. 1049-93 (Affirmative Action Phan Furtherance and Compliance), and Resolution No. R -385- 95 tpolicy prohibiting contracts with firms violatir;g the AZ.A. and other laws prohlbNng discriniloation cn the basis of disability), Ordinance: k),. 95 -178 (Entity must submit Deditique nt or Currently due Fees or Faxes ,affidavit), Ordinance No. 87 -35 (policy of Fair Sub(,j)ntracting Practices), Ordinance No. 98 -30 (Counter Contractors Employment and procurement Practices), Ordinance No. 974.15 (Establishing the Office of the Inspector Resolution No. R- 1006.97 (Approving A.O. No. 3 -24 for Responsible Wagis and Sur ofits in accordance with Ordinance No. 90.143), Resolution No. R- 1206 -97, superseder: by SW ;elution No. R- 702 -98 (Project Fresh Start-Welfare-to-Work Iniriat ve, (Wetfaro Refoo'Alb Ordinance No. 98 -106 (Cons of Silence). 7'110 Surveyor shall carnp!y with the financial disclosure requirements of Ordinance No. 77 -13 by haVing cn file of filing within thirty (30) days of the execution of this Agreement orit) of the following with the Miarni. -Dade County Elections Department, P.O. Box 11224, Miarnl, FL 33101: A soUrCO of income statement S. A current certified financial statement E; A sOpy of the Surveyor's currant Federdl Income Tar. Rat im 25 ti SECTION XXIII - AFFIRMATIVE ACTION The Surveyor's Affirmative Action Plan submitted pursuant to Ordinance 8237, as approved by the Department. of.Business and-- €conomic Development and any approved update thereof, are hereby Incorporated as contractual obligations of the Surveyor to Miami -Dade County hereunder. The Surveyor shall undertake and perform the affirmative actions specified herein. The Director may declare the Surveyor in default of this Agreement for failure of the Surveyor to comply with the requirements of this paragraph. SECTION XXIV - DISABILITY NONDISCRIMINATION The Surveyor's attention is directed to County Resolution No. R- 385 -55: Pursuant to th?s resolution, the Surveyor is required to submitthe Disability Nondiscrimination Affidavit attesting that the Surveyor complies with the requirements of the Americans with Uisabllltles Act (ADA) of 1990 and other laws prohibiting discrimination on the basis of disability. The Director may declare the Surveyor in default of this Agreement should a post contract violation of any of the acts occur. SECTION XXV - MINORITY FIRMS UTILIZATION QUARTERLY REPORTS The Surveyor's attention is directed to County Resolutions No. 1643-93 and No. 113- 94. Pursuant to the Resolutions, the Surveyor is required to file with the COUNTY's Department of Business and Economic Development, quarterly reports due on or before the fifteenth (15) day of the months of April, July, October, and January, reporting tyre amount of contract monies received from the COUNTY pursuant to this and ail other COUNTY proiects (Resolution No 1643-931, and reporting the amount of contract monies received from private sector work (Resolutign No 113 -94) 26 } SECTION )OCVI - PROMPT PAYMENT OF SMALL BUSINESS SUSCONSULTANTS The Surveyor's attention is directed to Miami -Dade County Ordinance No.94.40, providing for expedited payments to small businesses-by County agencies and the Public Health Trust; creating dispute resolution procedures for payment of County and Public Health Trust obligations; and requiring the prime contractor to issue prompt payments, and have the same dispute resolution procedures as the County, for all small business subcontractors. Failure of the prime contractor to issue prompt payment to small businesses, or to adhere to its dispute resolution procedures, may be cause for suspension, termination, and debarment, in accordance with the terms of the County contract and debarment procedures of the County. SECTION XXVII - ENTIRETY OF AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no -other agreements and understandings, oral or written with reference to the subject matter hereof, that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing, signed by both parties hereto, and approved by the Board of County Commissioners. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida, and venue shall be in Miami -Dade County, Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this /t day of �) .cL " _,2001. ATTEST: HARVEY RUVIN, CLERK OF THE BOARD 27 MIAMI -DADE COUNTY, FLORIDA BY IT'S BOARD OF COUNTY COMMISSIONERS 1 By: BY r Sys e� ••` - ._ - _ ._ . oU.nty MNapr cc r ATTEST: (CORPORATE SEA..) Witness 28 Witness THE POLJGIES CP INSURANCE UtTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE" 1111EPOLICT PERIOD INDICATED. NOTWITHSTANDING PX'r REQUIReAENT, TERM OR CONDIYON Oft ANY CONTRACT OR OTHER WouPENT IWITH RESFECT TO fflifCH THIS CERTIFIC-ArE MAY BE ISSUED OR MAY PEPTAJN, THE INSVRANCE AFrORDED SY THE 17041CIES DESCRIBED HERETN IS SVEIMM TO .ALL THE TERM-1, EXCLUSIONS AND GOND17(ONS Of SIK,'h OUGIES. AGGREGATE 1-'?AJTS SHOWN MAY HAVE BEENRiouow $ymbruAims. POI. CY NUMSER Lm", _-2 03 mH maw4eNce t 2RI64643 P4-01-20C2 04-6i 1 .5000 COMIIENAN SgNePAL JAWL!r�' 77" - FT v%aorloporwn) $5 t �06 _c)c 1 _GE4ERALAWRECiATE �A4 001001LELIASItrrV ANIYAu70 ONLL UmEc I I SCHEML12DAUrCIS MIRED AUTOS OAMCW, LLAMLfTY AN( AUTO EXfaPWUUWwLLAL_s^aLiry I_ V7 CZDVO5349 X OCCUR DEr ,,jc.TteLE X RMNTION 910000 WORKERS COMPENSATICINANQ D tXPLOYERS'L14MILITY I C ROFF55TONTAT. LTAB --,.L— �E80483E DZSCRWTXM OF DrERAMNV( LOCAT 'T.A,T F 14, 3 MDF P 1 9 ' ERTIF C LISTED N.W. 7 9T STREET SUITS p KIAKI FL 33126 ?=N: ELIZABETH .1. �040TO-Duc—_4 i P4-01-262,; �4-01-2003 500000 , r R 1111 IS BODILY IKKW It FF4091ERTY DAMWij OTHPR TWM r.4 AC 'S .VrooNLY. AC4 It 90 0 O 04-01-2003 !A �mmcu AGGRMATE 183006000 17-01-2002 1 TORY IU7-01-2003 F-L EAV.4;f.=' �_E - L =1 21 .-K. s 00000 a-L rASPASE, EA s, Ri SPECIAL PROVISIONS INSURED FOR GENERAL IA-81LITY S"GULDPLUVGFT"fAoqnDOCRMDPOLnEsBr:rANCrLLFM 5EF0R9TM9XpjRAT*N DATE THE&e0E- YW 1=0ING 1f4VKtK WILL ENDEAVOR To u&& Lo — OATS WRtrft4 NOMCE TO THE CjEATSi0&T* K06179M KokIlIfEr, TO THE LEFT, our FAILE)Rr, yo C* lq:p 3MLA NO *M%ATOV OR LIASILnT OF ANY pokta W% %,Vft jr43Uqr =R, MS jtr ,,ZKM OR OTSE SM68 : 'ON 3NOHd 09NIN HOFNIHDIIlH N0_E-1DI,:jS : Wn>{j DATE (IMMODOt"VY ACDEQ. CERTIFICATE OF LIABILITY INSURANCE 08/26/2c�i PRODUCER Sing! eton-Hutchinson-wingo, rnc- 71416 CERTIFIGAW IS ISSUED AS A MATTER OF INFORMA710N" ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 2789 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 529 North FQrnCrP,.k AVeIlUe ALTUR THE EOVERAGE AFFORDED SY THE P(XICICS RFLOW. Orlando 32A02- 27A�� (407) 895-2500 1$NSUFWRS AFFORDING COWRAGE WSURED SCFWEEKE-SHISKIN AND ASSOCIATES TNC INGUREA&GENERAL Z�CC7LOFikqT INS Co 31140 CORPORATE WAY tm&AwA#.�0XMERC1AL MON IN.^LpaRcXVANSTON TNSURRrCEC0MPANY KIRAMAR FL 33025 HERITRUST INS. CORP, H!=!� LEBBIF ALLEY 954-435-101a THE POLJGIES CP INSURANCE UtTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE" 1111EPOLICT PERIOD INDICATED. NOTWITHSTANDING PX'r REQUIReAENT, TERM OR CONDIYON Oft ANY CONTRACT OR OTHER WouPENT IWITH RESFECT TO fflifCH THIS CERTIFIC-ArE MAY BE ISSUED OR MAY PEPTAJN, THE INSVRANCE AFrORDED SY THE 17041CIES DESCRIBED HERETN IS SVEIMM TO .ALL THE TERM-1, EXCLUSIONS AND GOND17(ONS Of SIK,'h OUGIES. AGGREGATE 1-'?AJTS SHOWN MAY HAVE BEENRiouow $ymbruAims. POI. CY NUMSER Lm", _-2 03 mH maw4eNce t 2RI64643 P4-01-20C2 04-6i 1 .5000 COMIIENAN SgNePAL JAWL!r�' 77" - FT v%aorloporwn) $5 t �06 _c)c 1 _GE4ERALAWRECiATE �A4 001001LELIASItrrV ANIYAu70 ONLL UmEc I I SCHEML12DAUrCIS MIRED AUTOS OAMCW, LLAMLfTY AN( AUTO EXfaPWUUWwLLAL_s^aLiry I_ V7 CZDVO5349 X OCCUR DEr ,,jc.TteLE X RMNTION 910000 WORKERS COMPENSATICINANQ D tXPLOYERS'L14MILITY I C ROFF55TONTAT. LTAB --,.L— �E80483E DZSCRWTXM OF DrERAMNV( LOCAT 'T.A,T F 14, 3 MDF P 1 9 ' ERTIF C LISTED N.W. 7 9T STREET SUITS p KIAKI FL 33126 ?=N: ELIZABETH .1. �040TO-Duc—_4 i P4-01-262,; �4-01-2003 500000 , r R 1111 IS BODILY IKKW It FF4091ERTY DAMWij OTHPR TWM r.4 AC 'S .VrooNLY. AC4 It 90 0 O 04-01-2003 !A �mmcu AGGRMATE 183006000 17-01-2002 1 TORY IU7-01-2003 F-L EAV.4;f.=' �_E - L =1 21 .-K. s 00000 a-L rASPASE, EA s, Ri SPECIAL PROVISIONS INSURED FOR GENERAL IA-81LITY S"GULDPLUVGFT"fAoqnDOCRMDPOLnEsBr:rANCrLLFM 5EF0R9TM9XpjRAT*N DATE THE&e0E- YW 1=0ING 1f4VKtK WILL ENDEAVOR To u&& Lo — OATS WRtrft4 NOMCE TO THE CjEATSi0&T* K06179M KokIlIfEr, TO THE LEFT, our FAILE)Rr, yo C* lq:p 3MLA NO *M%ATOV OR LIASILnT OF ANY pokta W% %,Vft jr43Uqr =R, MS jtr ,,ZKM OR OTSE SM68 : 'ON 3NOHd 09NIN HOFNIHDIIlH N0_E-1DI,:jS : Wn>{j �x 5� u sxys� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 27, 2002 # FROM: RE: Agenda Item . Charles D. Scurr g City Manager Comm. Meeting: 09 /03/02 Re: Authorization for the City Manager to execute Professional Service Work Order with Kimley -Horn & Associates, Inc. for engineering design service related to: Traffic Circles within the Cocoplum Terrace Neighborhood. REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY —HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES, PREPARATION OF DESIGN PLANS AND PERMITTING, SPECIFICATIONS, CONTRACT DOCUMENTS, BID PHASE, AND CONSTRUCTION ADMINISTRATION SERVICES FOR TRAFFIC CIRCLES WITHIN THE COCOPLUM TERRACE NEIGHBORHOOD IMPROVEMENTS IN AN AMOUNT OF $39,560.00 FROM ROADWAY IMPROVEMENT BOND, FUND ACCOUNT NUMBER 001- 0000 - 132 - 02052; PROVIDING AN EFFECTIVE DATE. BACKGROUND: Following your approval to proceed with the necessary engineering design plans for Traffic Circles with the Cocoplum Terrace Neighborhood, we have requested the attached proposal from one of our Professional General Engineering consultants for the project. The project consists of the installation of seven (7) permanent traffic circles within the Cocoplum Terrace neighborhood. The proposed locations are: 1. SW 66th Street & SW 63rd Avenue 2. SW 66th Street & SW 64th Avenue 3. SW 68th Street & SW 63rd Avenue 4. SW 68th Street & SW 64th Avenue 5. SW 69' Street & SW 62' Court 6. SW 70th Street & SW 63rd Avenue 7. SW 65th Avenue & Twin Lakes Drive continued/ Page 2 of 2 Comm. Agenda Item August 27, 2002 As required by Miami -Dade County, temporary traffic calming circles have been installed at six (6) of these locations for at list six (6) months. It is now time to install the permanent circles. The services will be funded from Roadway Improvement Fund account number 001- 0000 -132 -2052. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: Proposed Resolution Q Professional Engineering Services Work Order Engineering consultant's Man -hour sheet RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY —HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES, PREPARATION OF DESIGN PLANS AND PERMITTING, SPECIFICATIONS, CONTRACT DOCUMENTS, BID PHASE, AND CONSTRUCTION ADMINISTRATION SERVICES FOR TRAFFIC CIRCLES WITHIN THE COCOPLUM TERRACE NEIGHBORHOOD IMPROVEMENTS IN AN AMOUNT OF $39,560.00 FROM ROADWAY IMPROVEMENT BOND FUND ACCOUNT NUMBER 001 - 0000 -132- 02052; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of Kimley -Horn and Associates, Inc., to provide engineering designs and permitting, specifications, contract documents, bid phase coordination, and construction administration services for Traffic Circles within the Cocoplum Terrace Neighborhood Improvements, and; WHEREAS, Kimley -Horn is one of the City's approved Professional General Engineering Consultants, and; WHEREAS, the proposed services will be funded through the Roadway Improvement Bond Fund Account. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to execute a Work Order with Kimley -Horn & Associates, Inc. for the professional services in connection with preparation of designs & permitting, specifications, contract documents and construction administration services for Traffic Circles within the Cocoplum Terrace Neighborhood in an amount of $39,560.00. Section 2. That the attached proposal. Professional Service Work Order, be made a part of the resolution. PASSED AND ADOPTED this P day of September, 2002. APPROVED: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Julio Robaina, Mayor Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner Feliu: Kimley -Horn and Associates, Inc. PROFESSIONAL SERVICES WORK ORDER Date: August 14, 2002 To: City of South Miami Suite 220 8603 South Dixie Highway Public Works Department Miami, Florida 4795 SW 75th Avenue 33143 South Miami, Florida 33155 Project Name: City of South Miami Traffic Circles, Cocoplum Terrace Neighborhood Improvements Funding Source: City of South Miami This project will be in accordance with our "Professional Services Agreement - General Engineering Services ", Between the City of South Miami and Kimley -Horn and Associates, Inc. as approved by the City Commission on August 7, 2001 (Resolution No: 112 -01- 11260). The following scope of services for this work order shall supercede, in its entirety, Section 2 of the above noted Professional Services Agreement. Description of Project: The scope of this work order shall include an engineering route survey, onsite data collection, professional civil engineering, and landscape architectural services to prepare design plans, specifications, contract documents and construction observation reports for proposed Traffic Circles within the Cocoplum Terrace Neighborhood Improvements. The project will consist of the installation of six (6) permanent traffic circles within the Cocoplum Terrace neighborhood, in accordance with the City of South Miami Comprehensive Plan. The locations are: 1. SW 66th Street & SW 63rd Avenue 2. SW 66th Street & SW 64th Avenue 3. SW 68th Street & SW 63rd Avenue 4. SW 68th Street & SW 64th Avenue 5. SW 69th Street & SW 62nd Court 6. SW 70th Street & SW 63rd Avenue 7. SW 65th Avenue & Twin Lakes Drive N TEL 305 662 6445 FAX 305 662 6492 Page 2 of 4 PSWO Streets Aug. 14, 2002 The following scope of services shall supercede in its entirety the Professional Services section of our contract with the City. Scope of Services and schedule of Fees. 1.0 DESIGN AND PERMITTING PHASE: 1.01 Attend "kick -off' meeting and coordinate with City of South Miami, Engineering & Construction Department. 1.02 Review traffic calming plan prepared for the City of South Miami by others and offer professional comments and recommendations. 1.03 Review available plans and record drawings representing existing conditions and previous improvements in the project area. 1.04 Prepare traffic calming and road improvement plans to include signing and marking design in conformance with current City, County and Manual on Uniform Traffic Control Devices (MUTCD) standards. The limits of resurfacing will be shown or otherwise noted on the individual plan sheets. Traffic calming and resurfacing design will be in conformance with City and County standards and will be based on the original traffic calming plan or as amended by Consultant. 1.05 Landscape plans and specifications will include typical planting plans for each traffic circle, as a 60% design submittal. The proposed sizes and species of plant material will ti'e identified on the plans. 1.06 Provide technical criteria and submit permits to applicable regulatory agencies with jurisdiction over the project. 1.07 Provide Engineer's Opinion of Probable Construction Cost. 1.08 Prepare Construction Contract Agreement & . Design Specification Document (Project Manual). 1.09 Furnish 95 % complete plans and Project Manual, present and review the project with the City's Engineering & Construction Director. 1.10 Furnish 12 copies of final plans and project manual to the Engineering & Construction Department. The fee for the Design and Permitting Phase of the project will be Lump Sum amount of $32,442.50. Page 3 of 4 PSWO- Streets Aug. 14, 2002 2.0 BID AND CONSTRUCTION PHASE (1 Month Duration): 2.01 Provide bid advertisement documents, respond to bidders' questions and attend pre -bid conference. 2.02 Prepare addenda to Bid Documents, if required. 2.03 Tabulate and evaluate bids received, check references of responsible lowest bidder and make recommendation. 2.04 Assist in obtaining and reviewing documents needed in executing the contract between the City and the contractor. 2.05 Attend Pre - construction conference. 2.06 Perform Construction Engineering Observations (minimum of twice per week) and submit reports. 2.07 Review and approve / disapprove all shop drawings. 2.08 Review all Contractors' Application for payment and submit recommendation to the Engineering & Construction Director. 2.09 Perform project closeout with contractor, Final Observations, Punch List, Final Application for Payment review and submit Certificate of Completion. 2.10 Assist the City in securing "As- built" from the contractor in both reproducible and electronic formats. The fee for the Bid & Construction Phase of the project will be a Lump Sum amount of $7,117.50. The Total Fee for the services indicated in this Service Order is a Lump Sum amount of $39,560. Page 4 of 4 PSWO- Streets Aug. 14, 2002 Company Name: c ,�l Signature: (President / Principal -in- charge) City of South Miami Approved by: Date: W W LL Z Q N� L.L O LL LL W N Y W ry U LL U OZ W J Q V Q U) W h O 2 Z w O O O n t7 U. CA O 4) ty c c c Y to a V fn ,a_ v y Q m N 0 m co co co co co H y Q O U O O N: N M M N O a �. O 4) OD 4W 7 47 Q m m a ° a H O C O O O 47 M 7 O U) M 7 O 4) 47 n h Sv y V o to 11� Q to OW t0 Z uj Z) O H9 Q M O. I.- M m O M t- M 47 tV d' w O M r-: 00 ^ t. to Lt L �. 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Q m U) U d U C 10 N N Q d N R t a c 0 x N c 0 U C 00 U Q U C N N m N Q 9 m E 2 T E Y a d a CL` N O N W N m m w F 3 To 0 m C m O U m c U LL 2 :S N Z m¢ = a mW o J E H r Z I v Y _ U- 0 H W of E U v Q N N = Z o z l0 0 ID Q J n � K o a 0 0 o � o a U O x V co a N N O O co Q � x 0 O Q LL y O ~ W O W 2 = �Z o� x 0� oz Z D LL u% OHO U) Cn Vn C6 6 (n o o Q Q d LU m W J a H 0 m U - N 0 z Y > Q mLL m C a O w O c a ca LL N c $ H .-0 _ a) J o c P O ca 2 0 m v) Q 2 c m ° m `° 0 o O (0j N m_ 'C C C C y y y L U) _' O Qi m .�. m U O U O> N y H y p -o a 3 �. c 3 m 2' Z m m LL c c d n H d > o m .c n> m a m d n U) o a` m- n Q m a as a a u N CO V• L6 6 cri v ui co U C N N m N Q 9 m E 2 T E Y a d a CL` N O N W N m m w F 3 To 0 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 14, 2002 FROM: Charles D. Scurr City Manager REQUEST SUBJECT: Agenda Item # Commission Meeting, August 20, 2002 Request to Authorize the City Manager to increase the contract amount with Rock Power Corporation. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AGREEMENT CONCERNING SW 64' STREET AND SW 59TH PLACE INTERSECTION IMPROVEMENT, AUTHORIZING THE CITY MANAGER TO INCREASE THE CONTRACT AMOUNT WITH ROCK POWER CORPORATION, FOR AN ADDITIONAL $14,159.00; PROVIDING AN EFFECTIVE DATE. BACKGROUND On December 18, 2001, the City Commission approved a contract with Rock Power Corporation to construct the 64th Street Traffic Calming Improvements (Resolution No. 199 -01- 11347). The total contract amount, per that resolution, was for an amount of $143,540.80 to complete the project. However, the Miami -Dade Office of Community & Economic Development (OCED) South Miami Street Improvements Phase IIB is taking place at the same time, in the same project area. Delays by the OCED contractor has caused delays in the City's project, resulting in additional scope of work and expenses for our project (re- mobilization, construction administration, and additional work items). OCED has agreed to pay for `these expenses, and they will reimburse the City for the additional charges, once the final invoices are submitted. In the interim, the City will be responsible for making payment to our contractor for the change order in amount of $14,159.00. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. Page 2 of 2 Comm. Mtg. Memorandum August 14, 2002 ATTACHMENTS: ❑ Proposed Resolution ❑ Resolution N0: 199 -01 -11347 ❑ OCED correspondence dated August 8, 2002 with backup. 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AGREEMENT CONCERNING SW 64TH STREET AND SW 59TH PLACE INTERSECTION IMPROVEMENT, AUTHORIZING THE CITY MANAGER TO INCREASE THE CONTRACT AMOUNT WITH ROCK POWER CORPORATION, FOR AN ADDITIONAL $14,159.00 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to continue construction improvements to the SW 64h Street and SW 59th Place intersection, and; WHEREAS, during the December 18th 2001, the City Commission approved a contract with Rock Power Corporation to construct the intersection improvement at a cost of $143,540.00 through Resolution No. 199 -01- 11347, and; WHEREAS, there have been cost delays and additional work scope expenses to the project which were caused by the Miami -Dade County Office of Community and Economic Development (OCED) South Miami Street Improvements Phase II project which is taking place in the same area and at the same time, and; WHEREAS, OCED has agreed to pay for the total delay cost and additional work scope expenses, through reimbursement process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Manager is, hereby authorized to increase the contract with Rock Power Corporation for SW 64'h Street & SW 59h Place Intersection Improvements by $14,159.00. Section 2: That the additional $14,159.00 amount shall be reimbursed by Miami -Dade County OCED. Section 3: This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2001, Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by eyefs4i ki*g. RESOLUTION NO 199-01 -1 1 347 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 ROCK POWER CORPORATION FOR THE CONSTRUCTION OF SW 64TH STREET & SW 59TH PLACE INTERSECTION IMPROVEMENT AT AN AMOUNT NOT TO EXCEED $143,540.80; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide traffic calming and roadway improvement for the residents of the City of South Miami, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Rock Power Corporation for the construction of Sig' 64`h Street & SW 59`x' Place Intersection Improvement for an amount not to exceed $143,540.80: NOW, THEREFORE, BE , IT - RESOLVED BY - THE _MAYOR AND CITY COti!1vfISSIO,'v OF THE CITY OF SOUTH MIAMI, FLORIDA,- Section I- The City received seven .bids in response to the Notice of Bid Invitation advertised in the Miami Daily Business Review on September 17, 2001: Section 2: The engineering consultant review the bids and recommended that the contract be awarded to the lowest responsible bidder: Rock Power Corporation: Section 3: That the > Mayor and City Commission authorize the City Manager to execute an agreement with Rock Power Corporation for the construction of Sly' 64t" Street & SW 59th Place Intersection Improvement for an amount not to exceed $143,540.80. PASSED AND ADOPTED this 18th day of December _, 2001. ATTEST: APPROVED: I CITY CLERK MAYOR READ AND APPROVED AS TO FORM CITY ATTORNEY Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell Commissioner Bethel: Commissioner Wiscon 5 -0 Yea Yea Yea Yea ibeYea Additions shown by underlining and deletions shown by everAfiki*g. MIAMI- DADE C�o COMMUNITY AND ECONOMIC DEVELOPMENT 140 W. FLAGLER STREET, SUITE 1100 MIAMI, FL 33130 -1561 August 8, 2002 W. Ajibola Balogun, REM City of South Miami Public Works Department 4795 SW 75 Avenue Miami, F133155 OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT URBAN DEVELOPMENT DIVISION Subject: SW 64 Street & SW 59 Place Additional Project Cost /Delays City of South Miami, Florida Dear Mr. Balogun: PHONE: 305 - 375 -3519 FAX: 305- 372 -6391 r1q(@_miamidade.gov www.miamidade.gov /ced/ As per the letter :dated August 7, 2002 to Mario Berrios of my staff, _I acknowledge, the additional costs in the amount of $1.7, 159.00 related with .your project due .to the. sewer °lateral and water meter installations associated with our project that is unfortunately situated in the same area and at the same time that your project is in its final stages. When all the; above work is completed, please send us, your invoice for processing. If you have any questions, please call Mario A. Berrios from my staff at (305) 375. -3736. Si ere y, C Rs Lopez, Director OTED Urban Development Division RL /mab cc: Maria Rodriguez -Porto, OCED Mario A. Berrios, OCED C: \My Documents \Mario \1Mario Files \south miami \south miami phase 2 -b street improvements \field problems \from rocs to ajibola(s miami) - addtional costs for water & sewer connections a sw 64 st- 8- 8- 02.doc Last saved 8/8/02 o� soury � City of South Miami F 3 PUBLIC WORKS DEPARTMENT 4795 SW 75th Avenue • INCORPORATED • - o Rw P Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 August 7, 2002 Mr. Mario A. Berrios Engineer 1 Urban Development Division Miami -Dade County Office of Community & Economic Development 140 W. Flagler Street, Suite 1100 Miami, Florida 33130 South Miami AAI*Mta i 2001 Reference SW 64th Street & SW 59th Place Additional Project Cost/Delays City of South Miami, Florida Dear Mr. Berrios: As a follow -up to our on- site; meeting': yesterday, our contractor, °Rock Power Corp., has submitted the attached cost ($14,159:00) for the - proposed, additional- work and re- mobilization cost for the referenced ,project. In addition to the contractor's cost we have estimated $3,000 of Construction Engineering Inspection cost for our consulting engineers (Kimley -Horn and Associates, Inc.)'. Making the total;cost $17,159.00: Please forward a .letter acknowledging the obligations, so `that we can execute a change order with our contractor, as soon as possible. Should you have any questions or comments, please do not hesitate to me at (3'05) 668 -7206. Sincerely, t�ly ly �0c�_E_ W. Ajibola Bagu n , REM Public Works Director S=CI' BY: =JCK =O:TR CCaF; 36e- 752 7728; A -0 -7.02 1 i :23AM; cAGF 2'2 To agreement dated TO, City of South Warm Ath: Ajitiole Balogw7 Phone: 305663-45350 Fax, 3C5 888 -7208 P -ojeci CIC1 -1019 At: SW 134th St & 59th PI. inters . ROCK POWER CORP. 5600 5W 135TH AVE SME 215 M AW FL 33183 pi 006) 7'2 -7742 fx.(305) 752 -7728 CHANGE ORDER REQUEST # 2 �._ Papa I_of 1` Date of this chartge.order 617rci2 Original contract sum $141,864.00 Net change by prevous Change orders Contract sum prior to thif. chango order Add(subtract) :his cla%e order a1,e�6.ea _ Si�3.�aG:80 _ S141o9.C� New Contract Burn $'`57;'09.80 The Contract is hereby revised by the foilowing items: J! IS, of 3/4" asrhah approk -233 s y Rerroval and nstallatron of Valley gutter Rt!moval and installation of ctxb' and'gut:e• Removal and installaiicn of 4- T sidewalk Rework sub -base Rework rr+ck base. irs!allaticn of firrimck, and graoi.�g IRock Power re- mobilization +/,mod ,: ryye•meGliza +.ion ovarla Su by" rive gado, Vice lxesideni Date r 233 i.y, a'. $'6:I5y 4% I i. at $2& 1 60 If at $25' if 6.92 C-y. at rr.in.ch. $1,12? 223 s.y. at S5.5•'s/ 223 s.y. at $e -16Jsy 1 at $2,400, 1 a' $ 750 233 s.y at $4.5C,yd .Agreed to: Date: $3,'x28:00 f^ACt0 "11:500.00 $1,120.00 51,250.00 1,373,OC S2,400-00 $750.00 S 1,t 8.00 $14,169,00 TO: Mayor and Commission DATE: September 3, 2002 FROM: Charles D. Scurr REQUEST SUBJECT: Agenda Item # September 3, 2002 Parking Rate Adjustment A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PARKING POLICIES; ADJUSTING THE PARKING FEE TO ONE DOLLAR PER HOUR; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The City has adjusted its parking rates once in the last 18 years. That 1998 adjustment increased the rate at most meters to $ .75/hour, which was the prevailing rate at that time charged by other cities in comparable business districts. The City recently updated the analysis of parking rates. That analysis indicates that a rate adjustment is appropriate. The City of Miami charges $1.00 -$1.25 for most meters. Miami Beach charges $1.00 for most meters. Coral Gables charges $1.00 for shorter -term 2 -3 hour meters and $ .75 for longer -term 4- 10 hour meters. It should be noted that Coral Gables will be expanding operating and enforcement hours to midnight. It is recommended that the City consider adjusting the parking rate to $1.00. This will generate an additional $200,000 annually. It should be noted that the City Commission adopted a 1/2 price policy for City residents. It is recommended the policy continue and that outreach be expanded so that more residents will take advantage of the reduced rates. The City continues to work with the Red Sunset Merchants Association and First National Bank of South Miami to explore the possibility of selling cash keys at the bank. The City will also be extending the meter time from 3 hours maximum to 4 hours maximum. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PARKING POLICIES; ADJUSTING THE PARKING FEE TO ONE DOLLAR PER HOUR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami provides parking in the business district for merchants, residents and visitors: and WHEREAS, it is appropriate to adjust the rates on a periodic basis based on rates charged by other areas: and WHEREAS, the parking rates in South Miami have only been adjusted once in the past 18 years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The parking rates are adjusted to one dollar per hour: Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 92002. ATTEST: APPROVED: City Clerk Mayor READ AND APPROVED AS TO FORM: City Attorney ........................ . CITY OF SOUTH MIAMI .......................... INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: August 29, 2002 From: Charles D. Scurr /V City Manager IJ04114"' REQUEST: ra Agenda Item # Comm Mtg. 0 -03 -02 Re: Authorization the City Manager to execute agreement with C3TS for Downtown Infrastructure Improvements A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL INVESTIGATION, PRELIMINARY ENGINEERING DESIGN SERVICES, PARTIAL FINAL DESIGN SERVICES FOR DOWNTOWN IMPROVEMENTS, PHASE I IN AN AMOUNT OF ONE HUNDRED NINETEEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($119,760.00) TO BE CHARGED TO STATE FUNDED SOUTH FLORIDA WATER MANAGEMENT DISTRICT ACCOUNT NO. 001 - 0000 -132 2060; PROVIDING AN EFFECTIVE DATE. BACKGROUND: In accordance with Resolution No. 101 -02 -11450 we have negotiated the professional services for the Downtown Improvement with C3TS to commence the professional services needed for the improvement. The proposed improvements will include drainage, water distribution system upgrade, and sanitary sewer collection system upgrade, sidewalk, lighting, landscaping and streetscape furniture. The streets within the boundaries of this Phase 1 are defined as: SW 73rd Street from US to Red Road, SW 58th Court from SW 73rd Street to Sunset Drive, SW 58th Avenue from SW 73rd Street to US 1, SW 57th Court from SW 73rd Street to Sunset Drive. RECOMMENDATION: It is recommended that the City Commission approve the resolution ATTACHMENTS: ❑ Proposed Resolution ❑ Attachment l: Resolution No. 101 -02 -11450 ❑ C3TS Proposal with attachments RESOLUTION No. 4 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 7 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL INVESTIGATION, PRELIMINARY ENGINEERING DESIGN AND PARTIAL FINAL DESIGN SERVICES FOR DOWNTOWN IMPROVEMENTS, PHASE I, IN AN AMOUNT OF ONE HUNDRED NINETEEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS, ($119,760.00) TO BE CHARGED TO STATE FUNDED SOUTH FLORIDA WATER MANAGEMENT DISTRICT ACCOUNT NO. 001 - 0000 - 132 -2060, PROVIDING AN EFFECTIVE DATE.. WHEREAS, the City Commission of the City of South Miami, Florida, wishes to provide Downtown Infrastructure Improvements to the City of South Miami within the downtown Phase I area; and, WHEREAS, C3TS was approved as one of the top three ranked consultants to negotiate with via Resolution No. 101 -02- 11450; and WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of C3TS, to provide engineering route survey, geotechnical investigation, preliminary engineering design and partial final design services for Downtown Improvements, Phase I; and WHEREAS, the streets within the boundaries of Phase 1 are defined as: SW 73rd Street from US 1 to Red Road, SW 58th Court from SW 73rd Street to Sunset Drive, SW 58th Avenue from SW 73rd Street to US 1, SW 57th Court from SW 73rd Street to Sunset Drive; and WHEREAS, this portion of the Downtown Improvements — Phase I professional services will be funded through the State funded South Florida Water Management District grant fund. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Section 1: The City Manager is authorized to execute a Work Order with Corzo Castella Carballo Thompson Salman, P.A. in connection with the engineering route survey, geotechnical investigation, preliminary engineering design and partial final design services for Downtown Improvements, Phase for the Downtown Improvements — Phase 1 project, in an amount of $119,760.00. Section 2: The attached proposal, Professional Service Work Order, be made part of the resolution. PASSED AND ADOPTED this ATTEST: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 2002. APPROVED: Julio Robaina, Mayor Commission Vote: Mayor Robaina Vice Mayor Russell: Commissioner Feliu: _ Commissioner Bethel: Commissioner Wiscombe: , M11-11-1-1, -'- WHEREAS, the City Commission of the City of South Mami, Florida, desires to retain a qualified professional engineering, architectural and land surveying firm for the Downtown Trifrastructure Improvements; and WHEREAS, pursuant to Florida Statute 287.055 the City published a notice. for Letter of Interest and Qualification for Professional Engineering, Architecture and Land Surveying Services; and WBEREAS, the City received a total of eleven (11) responses as a result of the published notice; and WREREAS, the City having followed the requiremenu established by Florida Statute 287.055, Acquisition of Professional Services -for Architects and Engineers, recotranends three top ranked firms in order of preference. NOW, THEREFORE, BE IT DULY RESOLVED BY TUE CITY CONMSS1,0N OF TIF-, CITY OF SOUTH MIAMI, FLORIDA, that: ,$Zfign I : The City Commission approves, the recommended ranking of the three top ranked firms as follows: 1. Corzo Castella Carballo Thompson Salman, P. A, 2. Kunde Sprecher & Associates, Inc. 3. Bermello Ajamil & Partners, Inc. Section 2- That the City Commission authorizes the City Manager to negotiate an agreement for Professional Engineering, Architecture & Land Surveying Services, for the Downtown Infrastructure Improvemen ts with the first ranked firm. 5motion 3, That if the City is unable to negotiate a satisfactory contract with the first ranked firm the City must formally terminate the negotiations and undertake negotiations with second ranked firm, failing that undertake negotiation with the third ranked firm, a d19v !ndw: �Q-w-vnv !9nw99m !XVIN HlrlN JQ A11%-0 :kd JUS No. 1 01 -02 -1 1 450 5-r-don 4' That the negotiated professional service agreement be brought back to the City. Commission for approval, PASSED AND ADOPTED this 23rd day of , July __, 2002, ATTEST;,-IF Ronettftaylor, ity Cl F,F,AD- 1APP -D AS TO F -city Attorw�_-- - - Earl P� 00 Julio Robaina, Mayor W10TIT41nWor, �*- � Mayor Robaina: Yea Vice, Mayor Rw,;sell: Yea Comrrdssioner Bethel: 'Yea Commissioner Wiscombe, Yea Commissioner Feliu: Yea Resolution on Six Traffic Circles 2 `IWVIN H.POU JQ Ul� :A9 1Nd� ---------- - ------ - ----- - WORK ORDER FOR PROFESSIONAL SERVICES • TO: City of South Miami Date: 8/26/02 • • Public Works Department File: 1929 -00 4795 SW 75th Avenue E n g i n e e r s South Miami, Florida 33155 Architects Planners ATTENTION: W. Ajibola Balogun, Public Works Director PROJECT NAME: Downtown Improvements - Phase I City of South Miami, Florida SCOPE OF PROJECT: Streescape /Infrasutructure improvements along the following streets (as shown on attached sheet for Phase I — Alternate 2): SW 73rd Street (from US 1 to Red Road) EB0005022 SW 58th Court (from SW 73rd Street to Sunset Drive) AAC002142 SW 581h Avenue (from SW 73rd Street to US -1) SW 571h Court (from SW 73rd Street to Sunset Drive) Proposed improvements include sidewalks, curbing, drainage, landscaping, irrigation, paving, street furniture, water and sewer main extensions, lighting, pavement marking and signing. SCOPE OF SERVICES: En_gineerin_g Route Survey: (See scope of services on Ford, Armenteros & Manucy, Inc. proposal) Geotechnical Investigation: (See scope of services on Wingerter Laboratories, Inc.) Preliminary Design Phase: Conceptual design of streets ca pe/i nfra stru ctu re improvements, including coordination with the city -owned parking garage project. Preliminary design will involve the development of typical sections for the various streets, horizontal geometry and layout, streetscape and landscaping components and a preliminary construction cost estimate. The preliminary design material will be presented on a series of color presentation boards, and one presentation each, will be made to ERPB, Planning Board and City Commission. Final Design Phase: (Partial) Final design and preparation of final construction documents for the roadway and drainage, components of the project only. 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 W.O. Downtown Improvements — Phase I City of South Miami August 26, 2002 Page 2 Bid Phase Services: (Not included in this proposal) Construction Phase Services: (Not included in this proposal) Public Involvement Coordination: (Not included in this proposal) Local Assessment District Assistance: Prepare initial and final assessment rolls and documents, attend two presentations to property owners and merchants and initial and final assessment hearings at City Commission. TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services for Downtown Infrastructure Improvements. Our fees for the above services shall be as per the following lump sum fee schedule: Engineering Route Survey .................... ............................... $13,200 Geotechnical Investigation ...................... ............................... $2,540 Preliminary Design Phase ..................... ............................... $46,940 Final Design Phase (Partial) ................. ............................... $44,790 Local Assessment District Assistance .. ............................... $12,290 Total $119,760 The City of South Miami will be responsible for any permit fees, and these are not included in the above fees. If need be, we can pay those fees and be reimbursed by the city at cost + 10 %. The City will provide printing and distribution of bid documents as well as bid advertisement. We are ready to begin working on this assignment upon your authorization to proceed' If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Vice - President RC /er City of South Miami Approved by: Date: L:\ Projects\ 1929- 00 \W.0- Proposals \W.0.082602Dwntwn ImpPhasel.doc Survey Sub - Consultant Geotechnical Investigation: $11,200 + $50 expenses $11,250 Total $13,200 Tas . '.,., .x .d\ . ` \... �, <.' _ 4 '^\ -�`, >��:� Geotechnical Coordination & Verification u., ,- F E.. , . � 1 Y .ex's \ . .�. PROM FI��.�5. � �. ,.�Y� 2 Billing Rate 140 95 75 65 55 45 Survey Coordination & Verification 2 6 10 4 0 2 Billing Rate 140 95 75 65 55 45 Labor Cost $280 $570 $750 $260 $0 $90 Labor Sub -Total $1,950 Survey Sub - Consultant Geotechnical Investigation: $11,200 + $50 expenses $11,250 Total $13,200 Tas . '.,., .x .d\ . ` \... �, <.' _ 4 '^\ -�`, >��:� Geotechnical Coordination & Verification u., ,- F E.. , . � 1 S?i�,`�'Z.,..'x� 2 R �nr ��v y 2 �1 S➢�eV� 2 FI��.�5. � �. ,.�Y� 2 Billing Rate 140 95 75 65 55 45 Labor Cost 140 190 150 130 0 90 Labor Sub -Total $700 Geotechnical Sub - Consultant Preliminary Design Phase: $1,790 + $50 expenses $1,840 Total $2,540 Field Review & Coordination Prin' W.¢....� 8 ��,,, ... , 10 �'�TeC ��\ ... , � 8 �� ., a o. e.:tr,, . ClenW Coordination with Garage Project 8 8 2 Develop Typical Sections 2 6 16 4 Develop Horizontal Layout & Geometry 8 16 48 Develop Streetscape Components 4 6 16 Cost Estimate 2 12 10 4 Presentation Boards 4 12 48 60 48 ERPB Presentation 8 4 8 2 Planning Board Presentation 8 City Commission Presentation 8 Preliminary Design Sub - Total Hours 60 74 154 64 48 8 Billing Rate 140 95 75 65 55 45 Labor Cost $8,400 $7,030 $11,5501 $4,160 $2,640 $360 Labor Sub -Total $34,140 Landscaping /Irrigation Sub- Consultant $12,000 + $50 expenses Materials Costs (Boards, mounting, etc.) $12,050 $750 Total $46,940 Corzo Castella Carballo Thompson Salman, P.A. Final Design Phase: (Roadway &Drainage plan components only) Fee Worksheet Page 2 Roadway and Drainage a N. I A 9Y dE. l ix %� z°s Gr� GI( ,, Update Property Records Key Sheet 4 2 4 4 4 Typical Sections (4 sheets) 2 4 20 6 Assessment Documentation Plan & Profile Sheets 7shts @ 1"= 20') 41 32 48 60 120 6 Special Plan Details (2shts.) 2 4 8 8 16 Special Profiles (4 shts.) 4 16 40 16 Update Property Records Cross Sections (10 shts.) 2 6 60 20 20 4 Notes, Details & Schedules (3 shts.) Final Assessment Documents 4 16 4 4 Final Assessment Hearing Phasing & MOT Plans (6 shts.) 8 10 12 18 24 68 Final Design Phase Sub -Total Hours 22 78 208 132 184 0 Billing Rate 140 95 75 65 55 45 Labor Costj $3,080 $7,4101 $15,6001 $8,5801 $10,120 $0 Total $44,790 S" .r>>k�� , \�'� f 0(\ ',~ \ ,,,„il�`i,. .e ,•4i" � Initial, Assessment At tRl:� N. I A 9Y dE. l ix %� z°s Gr� GI( ,, Update Property Records 4 4 Coordinate Assessment w/ City 4 4 Initial Assessment Roll 8 4 Assessment Documentation 2 8 4 4 Presentations (2) to Property Owners and Merchants 6 6 2 Assessment Ordinance Hearings 6 6 Final Assessment Update Property Records 4 4 Final Assessment Roll 2 12 4 2 Final Assessment Documents 2 12 24 Final Assessment Hearing 4 4 Local Assessment District Assistance Sub -Total Hours Billing Rate Labor Costj 26 68 22 12 140 95, 75 45 $3,6401 $6,460 $1,650 $540 Labor Sub -Total $12,290 Total $12,290 LAC iencaM 929- 00M.O. FeeWorksheeDowntown082602.XIS 08/09/2002 11:44 FAX Q003 AGREEMENT FOR pROVESSIONAE SURvzYING SERVICES Between FORD, ARM7,NTEROS & MANUCY, INC. And C3TS Project: CITY OF SOUTH MIAMI CENTRAL BUSINESS DISTRICT Based on our understanding of your regau ,Ford, Armenteros Ss Manucy, Inc., (FANj) is prepared to provide you with the following scoPe of services: TASK #1 ROUTE SURVEY {RIGR'I'- OF -VVAY (3571 Uncut this 5 FAM shall P a} , &Tvey loe at &W 72°1 Street andUSL This mrvey wi11 mchAe all egg improventetl� within the area, artmg tats (mdu&g wnal liaessl =stmg elevsh= an a 25 ft grid, odsting (inckdng pow, pump 5t uow,, om=s. bndscapm9cbJ 25 ft vdhm testing qty )roes and rWdr -ways, odstmgpvmrtA mm1mV and alt catch basins and manhole rim and invert ele A6ms in an ACAD format FROFONALFEES T, ASK #1 .................. . .. ............... S11;ZKOOfixed (plus cxpcn=*) Fixed fee includes above work description & five copies of survey_ : see last page it is our • • 1 to w ■1.1 • _ - Mir wmk in ibe most efficient .1 • cost-,effective 11 . w ' K _ relA as=ed ffiat we would utilne our be,-t efforts on the cbeges behaK We • -•.1.e to •r • ee Nwffi the work desaibed above. We request ffiat Sou aclmovdedge acceptence of the proposal by •J Y 1 the endosed COPY of this letter .1• • - I• • 1 to us at ymr ea6est possible !• iw w •- prqecL 11: AGpEEMENT FOR 13 ROFESSIONAL SURVLMG 'E!' MS. AND ATTACEW CIMUMAL FORD, ARM NTEROS & MANUCY, INC. C3TS %dwin J. . •M Survey D artment Director For th Date: Authorized Representative '... ._• Date: Client's 117itials 08/09/2002 11:44 FAX .GEIMRAL CONDITIONS FOR PROFESSIONAL SURVF.G SERVICES AGREEMENT [a 004 rH;rty (30) dz�ys are subject to a late fee o 1.5% per mouth. 1. Payment of invoices is due upon receipt. Accounts t to discontfinu are s on all past due accOLlnfs. FORD, AFURNTEROS & M�CY. INC_, reserves the righ 2_ Time Basis Services will be invoiced as follow9: $95.00 /Hour Professional surveyor . ................ $95- 00/Hour plizoipal Development Col mitant........... $ ?5.00/H� Development C4DELM tartt .___ -: -- $60.00 /Hour made Cogua*Mt............................... $80.0011%Ur S� Fidd Crew.. .............. $15.00 /Hour ........_ $55.00 /Hour. Cadd. Technician /Level 1......................... ••.................. - -- $660 00/Hour Cadd Technid nz /Level 2.... •-- ...... Cadd Tcclmidan /Level 3 .............. $65•00/ur Cxdd Techaidan/Level 4 ......................... -.. ... -- $70.00/MHour rat Tec]:nicians... .. .......... $50.00/HQU SurveyTecbvis� 1 ......................... $45 /llous SuiveyTcchniciaa 2 - -•- 3_ The professional Fees quoted is this aggeeznent do not include the following: Engineering Fees Processing 1 cca Perl0k Fees Review Fees Additional Field Work 4_ Out of pocket Expenses will he invoiced as follows: .............. . varies depending on sir Bur* prints Bond ........ ..... ....... Varies depending cm ,1e vellums ... ................. Varies depending v, NJ;ylar .................... _............................. Varies depending o Photocopies ....... ..................... .......... $00.25 each Courier S ervice... __.•••••• ..............•....... Varies Fed" Express .............................. Vanes 5. The client hereby agues to pay for any and all crpenses associated with caUcetions on this ac z iuding, but not limited to Attorneys fees and court costs- 6. The client hereby agrees that FORD, ARMENTEROS & MANUCY, INC. liability for this project will be limited to the vinotlnt of the Professional Fees. 9. Any plans, reports, and other such supporting documents produced as part of this project remain the property of for the use of the client on this project. FORD, ARMED7TEROS 8t MAIZUGY, INC. and are solely 8. Both FORD, ARMENTEROS & MANUC'Y, INC. and the client havc the right to terminate this agreement for scrvines, after ten (101 days written notice and upon payment of all outstanding fees and expenses. 9. Fixed fee tasks do not include expediting the plans, including waUcthroughs, wailing for approvals from one agency to hand deliver to another agency and meetings with agency peraonnel related to processiirg times. 10. FORD, ARH ENTER03 & MANUCY, U40. is not responsible nor liable for the processing times at the various regulatory and permitting agencies. If the client wishes expedited and /or walk through services, these will be Provided at the hourly rates stipulated in paragraph 2. Q: \FORD COMPANIES \Proposals \Suzveying \PROPOSAL C1TY OF S_ MIAMI CENTRAL BIZ DIST -.doc Client s lnuidls� 08/08/2002 13:37 3059498698 WINGERTER LAB PAGE 02 NOERTER. LABORATORIES 71NC. & inspection Services . Engineering Testing 4 E. I4 h Street, North Miami, TL 33181 1820 N. Telephone E. 4 05) 944 -3401 Fax No. (305) 949 -869$ PRICE UOT'ATION P.E. Date: TO: Ms. Diana Sudassai Bilbao, Telephone No -: Corzo, Castella, Carballo, Thompson, Salman, P.A• Fax #: 901 Ponce De Leon Blvd., Suite 900 Coral Cables, FL 33134 Project: South Miami Cesitr l Business District C3TS ProlectNo. 1929-06.05 PROPOSED SERVICES: Conduct Underground Utility Clearance 4 hours at $35.00/br. 2.- Perform six (6) FDOT / SFWMD Type, Open Hole Constant lead Soil Permeability Tests. Six (6) Tests at $ 275.00 /each. ESTIMATED TOTAL August 9, 2002 345- 445 -2900 305-445 -0869 PAYMENT TERMS: To be Invoiced After Completion of Work For Your convenience we accept MASTERCARD or VISA Prepared $y: rte,., �� Fuentes AA�ae minis a Assitant $140,00 $1650.00 $1790.00 L.ABORATORjS, INC. to proceed with above referenced scope I hereby authorize WINGERTER per the terms described above. of work and agree to pay for these services as Date: Accepted By: Title: Name: Signature: Page 1 of 2 08/13/2002 13:37 3052358380 ROSENBERG DESIGN GP PAGE 02 ROSENBERG LAND PLANNING GARCWER LANDSCAPE ARCHITECTURE rt LC- 0000266 DESIGN , 4 MEMBER AMERICAN SOCIETY OF LANDSCAPE :ARCHITECTS August 13, 2002 N Mr. Ramon Castella C3TS 901 Ponce de Leon Blvd. #900 Coral Gables, FL 33134 RE: BEAUTIFICATION OF SW 73 ST. (FROM RED ROAD TO US 1) SW 58 & & SW S7 CT (FROM SW 73 ST TO SW 72 ST) & SW 58 AVE FROM SW 73 ST TO US 11 I) During the Conce0tual Design Phase RGD will: A) Consult with the Engineer with the roadway alignment and parking landscape area layout; B) Consult with the Architect for paving pattern and layout of sidewalk landscape areas; C) Assist in the prtparation of presentation drawings that will be prepared by C3TS; D) Attend up to three (3) meetings with City staff and Boards, and Community presentations. 2) During the Construction Document Phase, RGD will: A) Prepare a Planting Plan sufficient in detail for bidding and installation by qualified contractors; B) Prepare an Irtigation Plan sufficient in detail for bidding and installation by qualified contractors: C) Attend up to five (5) meetings with City Staff and Boards, and Community presentations. 3) Attendance at addltional meetings shall be billed at our current hourly rates recorded portal to portal. MIAMI -pa;pE 12901 S.W. 71 ST AVENUE. MIAMI, FLORIDA 33156. PHONE 305- 235 -5310. FAX 305 - 235 -8380. EMAIL RODLANDARC @EARTHLINK.NE BROWARD 426 STONE:MONT DRIVE. iVESTON, FLORIDA. 33326, PHONE 954- 349 -3795: FAX 954 -349 -3796. EMAIL KENARC(g?EARTHLINK.NE 08/13/2002 13:37 3052358380 ROSENBERG DESIGN GP PAGE 03 4) RGD will prepare plans on a base site plan provided by C3TS. Any changes to RGD's plans required by chap es to the site plan, shall be billed hourly. Any changes to RGD's plans required as a resu t of comments concerning our design by review Boards or government staff. shall be made at no additional cost. 5) Overseeing will include up to sixteen (16) site visits (based upon 2 meetings per week over the 2 month estimate,of time of construction) to the site tci determine if the work is proceeding generally in accordance with the Contract Documents. RGD shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work and shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, and shall not be responsible for any Contractor's failure to carry out the work in accordance with the Contract Documents. 11. CLIENTS RESPONJIBILITIES The Client shall provide any required site surveys, as- built drawings, soil tests, as well as architectural and engineering services as required. 111111. FEES 1) The fee shall be$ 40,000 payable as follows: $' 12,000 - upon completion of a Conceptual Plan to the Client (item 1 -1) $ 20,000 - upon completion of the Construction Document Phase (Item 1 -2) $' 8,000 -upon completion of construction. (Item 1 -5) 2) Overseeing above the sixteen (16) site visits shall be billed on an hourly basis, at the current hourly rates for RGD personnel. Time shall be recorded portal to portal. Hourly rates are as Wows- $120/hr for Principal $8-Whr for Landscape Architect $65/hr for Designer $451hr for Staff 3) Reimbursable expenses shall be billed at actual cost for plan - reproduction, photographs, postage and handling, long- distance Calls and any out -of -town traveling expenses connected with the project. 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO CLIENT. 02/13/2002 13:37 3052358380 ROSENBERG DESIGN GP PAGE 04 5) A Late Payment Charge of 1.5% per month will be added to all invoices past due. 6) If it becomes necessary incur collection fees and /or employ the services of an attorney to collect debt, then such fees shall be paid by the client. IV. ADDITIONAL SERVICES H Any revisions to four drawings, specifications or other: documents required as a result of changes to base pans or other information or instructions provided to RGD from the Client or his Architect oe Engineer, shall be billed on an hourly basis at our current hourly rates. Any additional services requested by the Client shall also be billed on an hourly basis. V. TERMINATION This agreement my be terminated by either party upon seven (7) days written notice. In the event of termination, RGD shall be paid its compensation for service performed to the germination date ihcluding reimbursable expenses then due. The client may not. at any tune, use or allow the use of any work which is either Incomplete in any respect, or is not fully paid for,, even if complote. The persons executing this agreement warrant and represent that they are authorized to enter into this Agreement on behalf bf the person or entity for whom they are signing. We look forward to being of service to you. This agreement is executdd this � day of ,200 ROSENBERG GARDNER DESIGN By: U4W4 _,. I U ) For the Firm Client: Signature Name .& Title Printed I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FY 5 2001 /2002 BUDGET; FREEZING ALL CURRENT EXPENDITURES 6 EXCEPT ESSENTIALS UNTIL THE END OF THIS FISCAL YEAR; 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, Commissioner Wiscombe recently requested and 10 received from the City Administration a year -to -date report 11 of City revenue accounts; and 12 13 WHEREAS, he has reviewed and analyzed the report for 14 comparison of the year -to -date amounts to the annual 15 budget; and 16 17 WHEREAS, from his analysis, the collection rate for most of 18 these revenue accounts are significantly behind the 19 expected amounts at this time of the year, specifically the 20 following accounts: 21 22 Penalties and Interests 23 Certificate of Use and Occupancy 24 County Solid Waste Charges 25 Private Haulers Permit Fees 26 Parking Violations Collection 27 Tennis Court Fees 28 Metro Court Fines 29 Interest Income 30 Bus Bench Ad 31 Reimbursement Police Labor 32 Other Miscellaneous Revenue 33 34 WHEREAS, in order to remedy this problem and ensure that 35 the City does not run a big budget deficit at the end', of 36 the ongoing fiscal year, Commissioner Wiscombe wishes to 37 recommend that the City Commission direct the City Manager 38 to freeze all expenses for the rest of the fiscal year, 39 with the exception of the following essentials: 40 41 Payroll and all personnel related expenses 42 Utilities 43 Insurance 44 Legal Fees 45 Emergency repairs 46 Lease Payments 47 Contractual Fees 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 y' Tires and Auto Parts NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the recommendation of Commissioner Wiscombe is hereby accepted. Section 2. That the City Manager is hereby directed to implement this recommendation immediately. Section 3. That 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 August 2002. APPROVED: COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & City Commission From: Charles Scurr City manager Date: September 3, 2002 ITEM No. RE: LDC Amendment Waiver -of -Plat process Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20- 4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. The LDC currently specifies that the Commission may waive platting requirements, as described above. However, there is no mention in the LDC of the process required for a waiver -of -plat application, whether it is first subject to review by the Planning Board, or whether the surrounding neighborhood is to be notified of pending waiver -of -plat applications. At a recent City Commission meeting containing a waiver -of -plat application on the agenda, the Commission discussed the lack of such a process, and the desire to have such applications reviewed based upon neighborhood compatibility in addition to the minimum zoning code standards. Therefore, a draft ordinance has been prepared by the Planning Department for review and comment by the Planning Board. PROPOSED AMENDMENT The proposed ordinance would make the following changes to the Land Development Code (LDC): (1) Under this proposal, the Planning Board would first review applications before they went to the City Commission. Currently applications for waiver -of.- -plat go straight to the Commission, without being reviewed by the Planning Board. LDC Amendment - Waiver -of -Plat process September 3, 2002 Page 2 (2) The subject property would be posted 10 days prior to the Planning Board review of the application. (3) In addition to having to meet minimum zoning standards, under this proposal Waiver -of Plat applications would be reviewed by the Planning Board and City Commission on the basis of neighborhood compatibility. Specifically, three criteria would be applied: (a) Whether the building sites created would be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area. (b) Whether the building site created would result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations. (c) Whether the building site created would be free of encroachments from abutting buildable sites. (4) The proposed ordinance also specifies that the City Commission may designate additional conditions in connection with a waiver -of -plat, in order to assure that the proposed subdivision of land conforms to the above requirements. This provision could be used, for example, to ensure the retention of trees on a subject property. A provision requiring a tree survey and permit application for any tree removal is also included. Currently, applicants for Waiver -of -Plat pay a $1000 fee, but there is some discussion about significantly raising fees for this application. As most applicants receiving a waiver of plat will end up making significant profit from the division of property into two lots, raising the applicable fee for waiver -of -plat applications would seem warranted. The Planning Board may wish to recommend an increase (a separate ordinance is required). PLANNING BOARD ACTION The Planning Board at its August 13, 2002 meeting recommended approval of the proposed amendment with certain modifications. During discussion several members suggested that the application fee be significantly increased. The staff was requested to research an appropriate fee increase and to report back to the Board. The Board `s approval motion included a modification stating that the factors to be used by the City Commission in making a waiver -of -plat decision shall be considered "guidelines ", leaving room for some discretion to be used. The motion to approve the proposed amendment with the modification was made by Mr. Mann and seconded by Mr. Morton. The motion was adopted by a vote of 5 ayes and 1 nay (Mr. Liddy). RECOMMENDATION It is recommended that the amendments as modified by the Planning Board and shown in the attached draft ordinance be approved, as it will ensure that waiver of plat applications are adequately reviewed for compatibility with the surrounding neighborhood, and that adequate public notice of such applications is given. Attachments: Proposed Ordinance Planning Board Minutes 8 -13 -02 CS /RIG<L�AYA V D: \Comm Items\2002 \9 -3 -02 \LDC Amend Staff Report- Waiver of Plat .doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 6 SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 7 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER 8 TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND 9 APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND I I PROVIDING AN EFFECTIVE DATE. 12 13 14 15 WHEREAS, the City's Land Development Code currently has regulations addressing "Land 16 Subdivision Regulations," and Waiver of Plat; and, 17 18 19 WHEREAS, the Land Development Code lacks specific procedures and criteria for 20 reviewing and approving Waiver -of -Plat applications, and, 21 22 23 WHEREAS, the City Commission desires that Waiver of Plat applications be reviewed for 24 compatibility with the surrounding neighborhood, and that surrounding neighbors be notified of 25 the waiver -of -plat application; and has directed that such an amendment should be forwarded to 26 the Planning Board for review and recommendation; and 27 28 29 WHEREAS, a public hearing regarding the proposed amendment was held by the Planning 30 Board on August 13, 2002, at which time the Planning Board voted 5 -1 to recommend approval 31 of the proposed amendments to the City Commission; and 32 33 34 WHEREAS, the City Commission desires to accept the recommendations of the Planning 35 Board and enact the aforesaid amendment. 36 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 42 Section 1. That Section 20 -4.2 entitled "Land Subdivision Regulations," of the City's Land 43 Development Code, is hereby amended to read as follows: 44 45 46 Page 1 of 3 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 20 -4.2 Land subdivision regulations. (A) Applicable Regulations. The subdivision of all land within the city shall be subject to Chapter 28 of the Dade County Code of Ordinances and administered by the Dade County Department of Public Works. (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or structurally altered within the city shall be located on a platted lot, except that the city commission may waive platted lot compliance in accordance with Section 28 -4 of the County Code and the procedures set forth below. Waiver -o f plat A waiver -of -plat may be approved by the City Commission. Prior to City Commission approval, the application shall be reviewed by the Planning, Board. The subject property shall be posted 10 days prior to the Planning Board review of the gpplication. (� City Commission Findings. Prior to approving a waiver -of -plat, the City Commission shall use the following_ guidelines: (a) The building site created by the proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area. JThe building site created by the proposed waiver -of -plat will not result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations The building site created by the proposed waiver -of plat will be free of encroachments from abutting buildable sites. Additional Conditions. The City Commission may designate such additional conditions in connection with a waiver -of- -plat as will in its opinion assure that such waiver-of-PIat will conform to the foregoing requirements. Additional Application Requirements. As part of the required waiver -of -plat application applicants shall be required to submit a proposed site plan for the resulting building parcels, an existing tree survey (mU be included in ropert survey) which shall indicate for Page 2 of 3 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 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Code. Section 4. This ordinance shall be codified and included in the Land Development Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK l st Reading - 2nd Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 52002 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: NOTE: New wording in bold, underlined; wording to be removed indicated by strike t,r,,,,..t, Page 3 of 3 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER =OF -PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Land Subdivision Regulations," and Waiver of Plat; and, WHEREAS, the Land Development Code lacks specific procedures and criteria for reviewing and approving Waiver -of -Plat applications, and, WHEREAS, the City Commission desires that Waiver of Plat applications be reviewed for compatibility with the surrounding neighborhood, and that surrounding neighbors be notified of the waiver -of -plat application; and has directed that such an amendment should be forwarded to the Planning Board for review and recommendation; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board on August 13, 2002, at which time the Planning Board voted 5 -1 to recommend approval of the proposed amendments to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -4.2 entitled "Land Subdivision Regulations, of the City's Land Development Code, is hereby amended to read as follows: Page 1 of 3 20 -4.2 Land subdivision regulations. (A) Applicable Regulations. The subdivision of all land within the city shall be subject to Chapter 28 of the Dade County Code of Ordinances and administered by the Dade County Department of Public Works. (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or structurally altered within the city shall be located on a platted lot, except that the city commission may waive platted lot compliance in accordance with Section 28 -4 of the County Code and the procedures set forth below. W Waiver -of -plat A waiver -of -plat may be approved by the City Commission. Prior to City Commission Mpproval the application shall be reviewed by the Planning Board. The subject property shall be posted 10 days prior to the Planning Board review of the application. City Commission Findings Prior to approving a waiver -of -plat, the City Commission shall use the following guidelines: LaJ The building site created by proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area. The building site created by the proposed waiver -of -plat will not result in existing structures becoming nonconforming as s they relate to setbacks and other applicable regulations of these land development regulations. Lc) The building site created by the proposed waiver -of plat will be free of encroachments from abutting buildable sites. Additional Conditions. The City Commission may _designate such additional conditions in connection with a waiver -of -plat as will, in its opinion, assure that such waiver- of-plat will conform to the foregoing requirements. Additional Application Requirements. As part of the required waiver -of -plat application qpplicants shall be required to submit a proposed site plan for the resulting building parcels, an existing tree survey may be included in property) which shall indicate anyproposed tree removal or relocation necessary, and, if so, the appropriate City of South Miami application "for tree removal or relocation. Page 2 of 3 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be codified and included in the Land Development Code. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 2002 ATTEST: APPROVED: CITY CLERK 1St Reading - 2" d Reading_ READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: NOTE: New wording in bold, underlined; wording to be removed indicated by strike - th fough Page 3 of 3 DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 13, 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 8:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Comendeiro. Board members absent: Ms. Yates. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo and Eve Boutsis, (City Attorneys), Gremaf Reyes (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings (Mr. Morton sworn in speakers) PB -02 -012 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -7.9 AND 20 -7.11 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED THREE STORY RETAIL AND PARKING GARAGE COMPLEX IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION (NW CORNER OF SW 73`a STREET AND SW 58" AVENUE); SPECIAL EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting August 13, 2002 Page 2 of 8 Applicant Present: Anne Cotter, Arquitectonica Speakers: Simon Ferro, (Greenberg Traurig, P.A.) Jack Ahlstedt, (Consul -Tech Engineering, Inc.) Subrata Basu, ACMB /Z and Community Development, Director Alex Abril, property owner David Tucker, Sr., resident Action: Mr. Comendeiro read the item into the record and staff presented the request, consisting of the following four special exceptions to modify regulations pertaining to the building's proposed design and layout: 1. Lot coverage (Ref. 20- 7.9) -60% max. required / 83% provided; 2. Building Frontage (Ref. 20- 7.9)- 30 -70% required / 87% provided 3. Awning length (Ref. 20 -7.9 and 20 -7.11) -100% required/ 82 % provided 4. Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11) 20,000 sq.ft. max required / 37,940 sq.ft. provided. Ms. Cotter gave a visual / verbal presentation of the project, consisting of the construction of a 3 -story parking garage and retail shops on property located in the Hometown Overlay District, at the above - referenced location. Mr. Ahlstedt, who prepared a Traffic Impact Analysis for this project, addressed the Board with the conclusions of the traffic study. (The complete report was part of the agenda package delivered to the Board members prior to the meeting). The following are some of the Board's concerns raised at the meeting, but not limited to: impact of the project on traffic; traffic circulation in the alleyway; motorists exiting the parking area at the northeast corner have no visibility to the right for sidewalk pedestrians or passing vehicles; loosing a few existing street parallel parking spaces; retail delivery on SW 73rd Street which might cause traffic jam; the need for a door on the interior for extra access into the trash room; the design of the awnings not being harmonious with the architectural character of the City; Mr. Morton opened the public hearing: Mr. Ferro addressed the Board with regard to the impact, in their opinion, this project would have on his client's property. Mr. Ferro represents'Dabby Properties, owners of the building adjacent to the project site. He expressed concern regarding the impact of the project on the alleyway and also on the parking spaces they presently utilize. Mr. Ferro stated that the proposed fifteen feet of alleyway will not suffice to accommodate the flow of delivery vehicles. In Mr. Ferro's opinion, the project will have a severe negative impact on his client's business and will also decrease the value of his property. In essence, Mr. Ferro is objecting to the applicant's request for special exception dealing with the lot coverage. Planning Board Meeting August 13, 2002 Page 3 of 8 Motion: Mr. Comendeiro moved to approve the request for special exceptions, as recommended by staff, and as per section 20 -7.51 of the City of South Miami Land Development Code, and Ms. Gibson seconded the motion, as follows: 1. Lot coverage (Ref. 20 -7.9): Required: 60% maximum Provided: 83 %, in order to comply with the Hometown Overlay District criteria of having the retail frontage on or close to the property line 2. Building Frontage (Ref. 20 -7.9): Required: 30 -70% of each side elevation facing a street Provided: 87% for both east and west sides, in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on- grade parking) 3. Awning length (Ref. 20 -7.9 and 20- 7.11): Required` 100% of Building frontage Provided: 82 %, in keeping with the architectural style of a series of smaller storefronts 4. Building Ground Floor Area (Ref. 20 -7.9 and 20- 7.11): Required: 20,000 sq.ft. maximum Provided: 37,940 sq.ft. in order to accommodate both the program requirements of retail area and garage functions (ingress /egress, ramp, on -grade parking) Vote: Ayes 5 Nays 1 (Mr. Mann) PB -02 -009 Applicant: Miami Auto Salon, Inc. 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 ACCESSORIES AND PARTS STORE IN THE "GR' GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY Applicant Present: Luis Bermudez Action: Mr. Illas read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automotive accessories and parts store at the above referenced location. Planning Board Meeting August 13, 2002 Page 4 of 8 The applicant states that the business will specialize in the installation of custom wheels and rims for luxury type vehicles. He also stated that the business will not generate air or chemical pollution, and there will be no tire disposals. The applicant further states that of the art computerized machines will result in zero noise levels. The Board, staff and the applicant discussed the request Motion: Mr. Illas moved for approval of the request as presented and Mr. Comendeiro seconded the motion, with the following conditions as recommended by staff: 1. Servicing of automobiles shall only be allowed inside the building. 2. Automobiles remaining on the property overnight shall be stored inside the building. 3. If the subject auto accessories and parts store 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 6 Nays 0 PB -02 -010 Applicant: EJS Holdings (Enterprise Leasing) 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 AUTOMOBILE RENTAL AGENCY IN THE "GR ", GENERAL RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 6394 SOUTH DIXIE HIGHWAY. Applicant Present: Carlos Williard, Attorney , Speakers: John Portuondo Curt Neary Action: Mr. Morton read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate an automobile rental agency at the above - referenced location. The other use in the building will be a retail bicycle store. Planning Board Meeting August 13, 2002 Page 5 of 8 The Board, staff and the applicant discussed the request. The applicant is proposing a significant landscaped buffer area along the rear property line. The buffer zone, as required by the recent LDC amendment, will consist of ficus hedges and mature palm trees. The applicant intends to use a low noise level pneumatic vacuum cleaner in the rear of the property. The applicant also stated that there will be no car washing or vehicle repair on site. Several Board members complained that the submitted site plan did not show the specific location of the business inside the building and that the rear access drive would require removal of a part of the building. Mr. Illas felt that this type of car rental agency is not an appropriate use in the City of South Miami. The installation of a CBS wall was discussed as opposed to the proposed landscaped buffer. Ms. Boutsis referred to City Ordinance No. 6 -02 -1774 (LDC 20 -3.4) approved by the City Commission July 23`d, 2002, establishing that a landscape buffer is acceptable when a property is adjacent to a residential district. Mr. Portuondo, owner of an abutting residential building, testified that the proposed buffer was not sufficient to protect his property and tenants. First Motion: Mr. Comendeiro moved to approve the application with the following conditions: (1) to install a six feet maximum height wood fence and a six feet maximum height hedge at planting; (2) to bring back the modified site plans showing the cutting of the building; and (3) staff recommendations. Vote: Ayes 0 Nays 0 Second Motion: Mr. Illas moved to deny the application. Mr. Mann seconded the motion. Vote: Ayes 3 (Mr. Illas, Mr. Mann, Mr. Liddy) Nays 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Third Motion: Mr. Morton moved to approve the application with the following conditions: (1) on -site parking not to exceed three automobiles on a 24 -hour basis; (2) to bring back the modified site plans showing the cutting of the building and the closure of parking; (3) the installation of a six feet maximum height hedge at planting and a six feet maximum height chain link fence; and (4) removal of the existing detached sign pole frame. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton) Nays 3 (Mr. Illas, Mr. Mann, Mr. Liddy) At this point, Mr. Lorber referred to Land Development Code Section 20-6. 1 (B-4a,iv) which provides that if the Board has not reached a decision on an item, "then the item shall be transmitted forthwith to the city commission with a "No Comment" recommendation." Planning Board Meeting August 13, 2002 Page 6 of 8 Fourth Motion: Mr. Illas moved to defer the application until the, full membership of Board (7) was in attendance, and have the applicant submit the modified plan at that time. Mr. Mann seconded the motion. Mr. Illas withdrew his motion. Fifth Motion: Mr. Illas moved to transmit the application to the City Commission with "No Comment" recommendation. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays l (Mr. Mann) PB -02 -011 Applicant: Big Tomato Franchise Company, Inc. 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 A GENERAL RESTAURANT IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT, SPECIFICALLY LOCATED AT 7400 RED ROAD. Applicant Present: Bruce Elfenbein Action: Mr. Liddy read the item into the record and staff presented the request. The applicant is requesting a Special Use Approval to operate a general restaurant, the `Big Tomato ", at the above referenced location. The proposed area of the restaurant is to be located in two existing stores, which are to be combined to form a single unit. It will occupy 1,200 square feet, and will be an upscale casual restaurant. The Board, staff and the applicant discussed the request Motion: Mr. Morton moved to approve the application with the following conditions as recommended by staff, as follows: (1) restaurant must provide appropriate procedures for storage and removal of trash and garbage; (2) If the subject general restaurant 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 6 Nays 0 Planning Board Meeting August 13, 2002 Page 7 of 8 PB -02 -008 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record and staff presented the proposed amendment. The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. At a recent City Commission meeting containing a waiver -of -plat application on the agenda, the Commission discussed the lack of the process required for a waiver -of -plat application; whether it is first subject to review by the Planning Board, or whether the surrounding neighborhood is to be notified of pending waiver -of -plat applications. The Commission also expressed the desire to have such applications reviewed based upon neighborhood compatibility in addition to the minimum zoning code standards. Therefore, a draft ordinance has been prepared by the Planning Department for review and comment by the Planning Board. First Motion: Mr. Comendeiro moved to approve the changes to the Land Development Code (LDC) as proposed by staff, and also including a recommendation that the fee charged be changed to $2,000.00. Ms. Gibson seconded the motion. Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. MannO Nays 3 (Mr. Morton, Mr. Illas, Mr. Liddy) Second Motion: Mr. Mann moved to approve and Mr. Morton seconded the motion, to amend the Land Development Code (LDC) as proposed by staff, with a modification as follows: (2) City Commission Findings. Prior to approving a waiver -of -plat, the City Commission shall use the following_ guidelines: Planning Board Meeting August 13, 2002 Page 8 of 8 (a) The building site created by the proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding The building site created by the proposed waiver -of -plat will not result in existing structures becominnonconforming asythey relate to setbacks; and other applicable regulations of these land development regulations. (c) The building_ site created by the proposed waiver -of plat will be free of encroachments from abutting buildable sites. Additional Conditions. The City Commission may designate such additional conditions in connection with a waiver -of -plat as will, in its opinion, assure that such waiver -of -plat will conform to the foregoing requirements. Additional Application Requirements. As part of the required waiver-of-DIat application applicants shall be required to submit a proposed site plan for the resulting building parcels an existing tree survey (may be included in propert y survey) which shall indicate M proposed tree removal or relocation necessary, and if so the appropriate City of South Miami application for tree removal or relocation. Vote: Ayes 5 Nays 1 (Mr. Liddy) The Board then requested staff to suggest an appropriate increase in the fee charged for a waiver -of -plat application. IV. Approval of Minutes Action: The Board duly voted on and approved the minutes of May 28, 2002. Vote: Ayes 6 Nays 0 V. Remarks: No remarks. VI. ` Adjournment Action: There being no further business before the Board, Mr. Illas adjourned the meeting at approximately 11:45 PM. RGL /mmm K: \PB \PB Minutes \2002 Minutes\M1NS 08- 13- 02.doc CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 29, 2002 FROM: Charles D. Scurr City Manager 6d GP� REQUEST SUBJECT: Agenda Item # ir- Commission Meeting, Sept. 4, 2002 AN ORDINANCE ESTABLISHING STORMWATER USER FEE RATES An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget, concerning the stormwater user fee rates, setting the fee rates. BACKGROUND All the municipalities in Miami -Dade County are being asked to pay their share of upcoming canal dredging expenses. As we all have experienced, our canal systems are not performing satisfactorily to dissipate floodwaters. Hurricane Andrew, Hurricane Irene, and the "no name" storm of October 2000 inundated our streets with stormwater. Even days after the storms, large areas of our City remained flooded. Clearly, the canals are not performing, as they should. To remedy this situation, Miami -Dade County has secured FEMA assistance to dredge the canals to a depth that, is considered &ir original depth, so that they will have increased capability to transport floodwaters to Biscayne Bay. FEMA and the State of Florida Department of Community Affairs (DCA) will cover 87.5% of the canal dredging expenses; Miami -Dade County and the City of South Miami will cover the remaining 12.5% of the costs. It is estimated that the project to dredge the canals within our City will cost approximately $3.7 million dollars. The City's share of this cost equates to an estimated total of $281,408 (see attached). ANALYSIS Currently, each resident and business owner is assessed "stormwater user fees" pursuant to the Miami -Dade County Stormwater Utility. These fees, required by Florida Statutes, are essential to plan, staff, construct, operate and maintain a local stormwater management system. Inasmuch, this revenue source is set aside for such activities as storm drain cleaning, new drainage system construction, and various water quality initiatives required under the National Pollutant Discharge Elimination System (NPDES). /continued ... Mayor and City Commission Stormwater Utility Fee Rate August 29, 2002 Page 2 of 2 The stormwater user fees are assessed through the water billing system managed by the Miami - Dade County Water & Sewer Department (WASD). However, those customers with private water wells are billed directly by our Finance Department. The current fee rate:is $3.00 per equivalent residential unit (ERU) per month, meaning that all single family residential homes are assessed a fee of $36 per year. Commercial sites are charged fees based upon their impervious surface area. To cover the upcoming canal dredging expenses, it is necessary to increase the Stormwater Fee Rate $1.50 per ERU, which is an additional $1.50 per month for each single family home. There are approximately 7900 ERU's within the billing system, so therefore this fee increase will result in an estimated $142,000 per year of additional revenue. RECOMMENDATION Approval of the attached Ordinance is recommended to generate the revenue to cover the upcoming canal dredging expenses and future maintenance of the improved system. Attachments: 5/9/02 Miami -Dade County letter and package Ordinance C0 : 9 WINUN1414061 2 3 AN ORDINANCE OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO THE BUDGET, 6 CONCERNING THE . STORMWATER USER FEE 7 RATE, SETTING THE FEE RATE; PROVIDING FOR 8 SEVERABILITY, ORDINANCES IN CONFLICT, 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City of South Miami established a Stormwater Utility in October 2000 12 for the furtherance of stormwater management goals throughout the City, and; 13 14 WHEREAS, Florida Statutes section 403 requires the City to establish a fee rate 15 sufficient to plan, staff, construct, operate and maintain a stormwater management system, and; 16 17 WHEREAS, the City's cost -share of Federal Emergency Management Agency (FEMA) 18 funded canal dredging expenses is projected to total in excess of $280,000.00, and; 19 20 WHEREAS, the City Manager recommends a Stormwater User Fee Rate of $4.50 per 21 Equivalent Residential Unit (ERU) per month to cover these upcoming expenses. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. The Mayor and City Commission hereby sets the Stormwater User Fee 27 rate at $4.50 per Equivalent Residential Unit (ERU) per month, as provided by ordinance 21 -00- 28 1723. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 r Section 3. This resolution shall become effective immediately upon approval. PASSED AND ADOPTED this _ day of , 2002. ATTEST: CITY CLERK 1" Reading: 2 °d Reading: READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYO COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel Commissioner Feliu: Commissioner Wiscombe: Additions shown by underline and deletions shown by ^v°r, --b . METROPOLITAN DADS COUNTY, FLORIDA A IRS 3FP� METRO-DADE W,kIIF STEPHEN P. CLARK CENTEH May 9, 2002 OFFICE OF COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET MIAMI, FLORIDA 33128 -1994 (305) 375 -5311 Mr. Charles O. Scurr, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: FEMA Paving &: Drainage Cost Sharing Dear Mr. Scurr: Miami -Dade Countv is engaged in recovery and mitigation activities associated with the damage to the County's roads and drainage infrastructure resulting from Hurricane Irene and the No- Name Storm. In an effort to ensure thorough identification of eligible locations for Federal Emergency Management Agency (FEMA) restoration projects throughout Miami -Dade County, we have included some locations within the City of South Miami as part of the County's claim. These repair activities are being funded through FEMA, the State of Florida Department of Community Affairs (DCA), and local matching funds. The County has begun the next phase of our restoration plan, which includes project site analysis, design and construction. We have notified our staff to "suspend" or place "on hold" any municipal FEMA restoration projects within the boundaries of the City of South Miami. Local matching funds (12.5 %) are to be paid by each individual municipality where road, canal, or drainage improvements are to be performed. Please advise if your municipality wishes Miami - Dade County to withdraw as the applicant, and request that DCA and FEMA correct their records to reflect the City of South Miami as the applicant responsible for implementing the captioned projects. Conversely, we can enter into a formal agreement with the City of South Miami to implement the projects; however, the City would be fiscally responsible for the 12.5% local match. In the case of canals, local costs will be predicated on Miami -Dade County Department of Environmental Resources Management Stormwater Master Plan basin studies. Attached is a list of sites within your city limits depicting the location of the proposed improvements and the estimated available funding for each project from FEMA and DCA, including the 12.5% matching share of funds for each municipality. Please be advised that each project has a specific scope of work to address the stone- related damage. Deviation from the specified scope will result n 1VJC , f funV ing. If you believe it would be beneficial to schedule a meeting to discuss the issues of FEMA- funded repairs in your city, please contact me at (305) 375 -2724 at your convenience. incerety, Steve Shiver County Manager c: Pedro G. Hernandez, P.E., Assistant County Manager Roger T. Hernstadt, Capital Improvements Coordinator Dorian K. Valdes, P.E., Division of Recovery Management City of South Miami D.C.Canals and Drainage Areas Canal Length (feet) Drainage Areas (SQ MILES) Ludlam Glades Canal 1,920 1 (includes Broad Canal) 8,280 1 5,730 0.426 Grand Total 2.426 The total drainage areas for the Ludlam Glades Canal is approximately 2.426 SQ MILES. Of this total, approximately 1.381 SQ MILES are located within the City of South Miami. The percentage of drainage areas within the City of South Miami is: % = 1.381 SQ MILES x 100=56.92% 2.426 SQ MILES r MIA 0. CITY OF SOUTH MIAMI D.C. Canals and Drainage Areas &MM SW 40TH ST I 2.426 SQ MILES \ �- SW 48TH ST� C3 D J D Lj -9 SW' 6TT-H' ST _ - -- - -- ¢ 1.381 SQ MILES Q `, (HARDE ui Q i - - -- SOUTH Q MIAMI i (D Z I� IC/)1! 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Scurr SUBJECT City Manager %10� REQUEST September 3, 2002 Agenda Item # Commission Meeting, September 3, 2002 BURGLAR ALARM ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM SYSTEMS; REPEALING SECTION 15 -4 IN ITS ENTIRETY AND CREATING A NEW SECTION 15 -4 ENTITLED BURGLAR ALARM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. SUMMARY OF REQUEST The City of South Miami is one of the few municipalities that does not require burglar alarm registration. The City of South Miami also has much lower fines for repeat false alarms than other areas. False burglar alarms are a major concern. South Miami responds immediately to all burglar alarms. Two officers, a primary and a back -up, are dispatched to each call. This takes the units from other needed pro- active police duties. The fees and fines charged by South Miami are not comparable to the usual and customary fees charged by other areas. Burg la r Alarm Fees & Fines 300y ° �W e / 250° 200 ®Reg 1 5 0 MN R F in e p3 rd G4th 50 '` ®5th 06th 0 c am m m m to g N c It is recommended that consideration be given to adjusting the fees to the following levels: Registration - Residential $ 50 Registration — Commercial $100 Fine for Non Registration $100 1St False Alarm No charge 2nd False Alarm No charge, 3rd False Alarm $ 50 4th False Alarm $100 5th False Alarm $150 6th and Beyond $200 As you are aware, the Administration has proposed and received conceptual Commission approval on the revision of the Alarm Ordinance (15 -4). The ordinance was last reviewed and revised on October 2, 1990. Over the years, other municipalities have had to amend their ordinances and fees accordingly to compensate for the services provided in response to false alarms. To implement the above, the revised ordinance is being submitted for your approval. The most important issues it addresses are for alarm owners to annually register their alarm with the City, the fees have been amended accordingly and the creation of key term definitions. RECOMMENDATION Approval is recommended. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM SYSTEMS; REPEALING SECTION 15 -4 IN ITS ENTIRETY AND CREATING A NEW SECTION 15 -4 -1 THROUGH 15 -4 -10 ENTITLED BURGLAR ALARMS; PROVIDING FOR ALARM PERMITTING, PERMITTING FEES AND FINES FOR NON - COMPLIANCE, ISSUANCE OF FALSE ALARM REPORTS AND APPEALS OF FALSE ALARM REPORTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 24 -80 -1083 the City of South Miami first passed and adopted an ordinance establishing in Chapter 15, Section 15 -4 -1 through 15 -4 -10, rules and regulations regarding the use of burglar alarm systems within the city procedures for issuing false alarm reports, permitting, fines, and appeals of false alarm reports; and WHEREAS, Ordinance No. 23 -90 -1463 amended this Section to require the posting of the telephone number of the person who can be contacted at any hour for entry onto the premises of the alarm and /or deactivation of the alarm; and WHEREAS, due to modern technology the city's ordinance is obsolete. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15 -4 is hereby deleted in its entirety and a new Section 15 -4 is hereby created to read as follows: Sec. 15 -4 -1. Definitions. Unless it is apparent from the context that another meaning is intended, the following words when used in this chapter shall have the meanings attributed to them by this section: (a) Alarm business means the business of any individual, partnership, corporation or other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, monitoring, moving or installing any alarm system or in causing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. An alarm business and /or alarm monitoring company shall be a burglar alarm specialty electrical contractor who shall be properly licensed, and which contractor shall have, as a qualifying agent, a State of Florida or Miami -Dade County company qualifier. A State of Florida or Miami -Dade Page 1 of 8 Additions shown by underlining and deletions shown by ever-stf king. County company qualifier shall mean a person licensed as a Miami -Dade County master or journeyman burglar alarm specialty electrical contractor, Dade County master electrician, State of Florida alarm contractor, or State of Florida electrical contractor. (b) Alarm permit means a permit issued by the city allowing the operation of an alarm system within the city. (c) Alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the police department is expected to respond, but does not include alarms installed in conveyances or fire alarms. (d) Alarm user means the person, firm, partnership, association, corporation, company or organization of any kind which is in control of any building, structure or facility or portion thereof for which an alarm system is maintained. (e) Automatic telephone dialing alarm system means the automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically transmits by telephone or telephone line to the South Miami police department, a recorded message or code signal indicating a need for emergency response; or a system which, upon activation, connects to an answering service whose function it is to transmit to the South Miami police department a need for emergency response. (f) False alarm means an alarm signal eliciting a response by police when a situation requiring a response by the police does not in fact exist; but this definition does not include an alarm signal caused by unusually violent conditions of nature nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. (g) Location means the building or structure or portion of a building or structure upon which an alarm system is installed or maintained. Sec. 15 -4 -2. Alarm permits required; fee; renewal; enforcement provisions. (a) It shall be unlawful for any person to operate an alarm system without a valid alarm user permit. Violation of this section shall be a misdemeanor of the second degree, punishable as provided for in chapter 775, Florida Statutes. (b) Applications must be made to the City of South Miami Alarm Unit which will issue permits to alarm users after payment of the $50.00 residential or $100.00 business alarm permit fee. (c) All alarm user permits will expire on September 30th of each year and must be renewed no later than October Is' of the renewal year. Renewal permits will be issued Page 2 of 8 Additions shown by underlining and deletions shown by evefstpl after completion of an application form and the appropriate payment of the annual permit fee (listed in subsection b). (d) Whenever the police respond to a location where no alarm permit has ever been issued or the alarm permit has expired for the alarm system generating a false alarm, a copy of section 15 -4 -2 entitled "Alarm permits required; fee; renewal; enforcement provisions," shall be sent to the alarm user along with written notification as follows: (1) On non - permitted accounts, will required payment of the applicable alarm permit fee (renewal fee), plus a $75.00 fine. There could be no police response to subsequent alarms at the location until the fine and the permit fee are paid. (2) A response to an alarm system where the permit has expired will require payment of the applicable alarm permit fee (renewal fee) plus a $75.00 fine. There could be no police response to subsequent alarms at the location until the fine and the applicable permit fee are paid. (e) If a business has one or more alarm systems protecting two or more separate locations, a separate permit will be required for each location. (f) To reinstate police service to a location the alarm user must obtain a valid alarm permit pursuant to section 15- 4 -2(b) or (c) and pay all outstanding fines as identified in subsection 15- 4 -2(d). (g) Subsections (b) through (f) of this section shall not apply in those situations where alarm use permits have been revoked under section 15 -4 -6. Sec. 15 -4 -3. Application for alarm permit; emergency notification and reporting service information. (a) Applications. Applications for alarm permits shall be made on forms provided by the police department. The initial application shall be accompanied by a fee of $50.00 for residential and $100.00 for businesses. The application shall state the name, address and telephone number of the location where the alarm is installed. If the applicant's alarm is installed and serviced by an alarm business, then the alarm business must provide the city with their business name, address and telephone number and obtain the alarm user permit for the applicant prior to the installation of the alarm system. Noncompliance with this subsection by the alarm business will cause the alarm business to incur a $150.00 fine and the refusal by the City of South Miami Alarm Unit to issue any other permits to the alarm business unit until all outstanding fines are paid in full. (b) Emergency notification. Each application shall list an emergency telephone number of the user or his representative to (1) provide prompt notification of alarm calls Page 3 of 8 Additions shown by underlining and deletions shown by evefstfi at the location and (2) in order to facilitate and permit access to the alarm location by the police in order to inspect the property. Emergency telephone numbers shall be kept current and the City of South Miami Alarm Unit shall be provided immediate written notice of any changes in the contact information. Failure to timely provide updated information may constitute grounds for revocation of the permit. (c) Reporting service information. Each holder of an alarm user permit shall immediately notify the police department in writing of any and all changes in the information on file with the city regarding the alarm permit. Failure to do so shall constitute grounds for revocation of the permit. Sec. 15-4-4. Necessary items for alarm systems to qualify for an alarm user permit. (a) All alarm systems shall have a backup power supply that shall activate in the event of a power failure or outage in the ordinary source of electricity from the utility company. (b) All alarm systems will have automatic reset capability, which would silence the annunciator within 30 minutes after activation and which will not sound again as a result of the same event that resulted in the original activation of the alarm. Sec. 15 -4 -5. Response to alarm; determination of validity. (a) Whenever an alarm is activated in the city, thereby requiring an emergency response to the location by the police department, and the police department does respond and is provided access to the location, a police officer on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system or whether in some way the alarm system malfunctioned and thereby activated a false alarm. (b) If the police officer at the scene of the activated alarm system determines the alarm to be false, said officer shall cause a false alarm report to be generated. A notification shall be mailed or delivered to the alarm user at the location of the alarm system installation and to any other address provided in the permit application contact list, advising the alarm user of the false alarm. (c) The City of South Miami Chief of Police, or his alarm unit designee, shall have the right to inspect any alarm system on the, premises to which a response has been made and he may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used in conformity with the terms of this article. Sec. 15 -4 -6. Appeals. Page 4 of 8 Additions shown by underlining and deletions shown by ever-striking. (a) The City of South Miami code enforcement board empowered under section 2 -24 of the South Miami Code of Ordinance to hear appeals of civil infractions shall hear appeals from alarm users on the issue of whether the alarm system in question activated a false alarm, as determined by a police officer at the scene of such activated alarm. (b) Upon receipt of any false alarm report from the city, the alarm user shall have twenty (20) days, orally or in writing, to request an appellate hearing before the code enforcement board. (c) At the appellate hearing, the alarm user shall have the right to present evidence and testimony. (d) The hearing officer shall make written findings available to the alarm user and the Chief of Police within ten (10) days from the date the hearing is concluded. (e) In order to successfully appeal the false alarm report, the appellant must approve by a preponderance of the evidence that the false alarm for which s /he received a false alarm report was not in fact a false alarm, as identified under section 15- 4 -1(f). Sec. 15 -4 -7. False alarm service charges; enforcement and revocation provisions. (a) It is hereby found and determined that more than six false alarms within any permit year is excessive and constitutes a public nuisance. (b) The activation of false alarms within a permit year will be handled according to the following escalating service fee schedule: (1) The first and second false alarms will not be billed a service charge. The third false alarm will be billed a $50.00 service charge that shall be considered a fine owed by the alarm user to the city. The fourth false alarm will be billed a $100.00 fine. The fifth false alarm will be billed a $150.00 fine. The sixth false alarm will be billed a $200.00 fine. Failure to make payment within twenty (20) days of receipt of the fines may result in a discontinuance of police response to alarms that may occur at the premises described in the alarm user's permit until payment is received and will ultimately result in the recording of a lien against the location owner, as provided for in section 2 -24 of the City's Code of Ordinances. (2) After the seventh false alarm, the police department is not required to respond, and shall result in revocation of the alarm user's permit in the following manner: a. The alarm user shall be given ten (10) days' advance written notification that the alarm user's permit will be revoked, which written notice shall set forth the reasons for such revocation. Page 5 of 8 Additions shown by underlining and deletions shown by everstfiking: b. The notice shall specify the specific date of revocation and that the police department may discontinue responding to any alarms that occur at the premises described in the revoked permit after the date of revocation. C. False alarms occurring before the effective date of revocation of permit or while an appeal is pending pursuant to section 15 -4 -6, will continue to accumulate fines which will be billed and handled in accordance with the provisions of subsection 15- 4 -7(b). d. An alarm permit that has been revoked under subsection 15- 4 -7(a) — (b), shall be required to pay a reinstatement fee, in addition to the permit fee identified in section 15 -4 -3. Reinstatement of the permit and police service will be made upon receipt of a letter from an alarm company licensed in accordance with section 15- 4 -1(a) confirming that the alarm system is operating properly, that the permit holder has received alarm system user's retraining on how to properly operate the alarm system, payment of the alarm permit, and the $75.00 reinstatement fee. (3) Nothing within this chapter shall preclude the police department from responding to panic or ambush alarm signals, calls describing emergencies or crimes in progress, or routine calls for service. However, nothing in this chapter may be construed to create a duty to respond in any circumstances where such a duty does not exist pursuant to the statutory or common law of Florida. Sec. 15 -4 -8. Automatic telephone dialing alarm systems prohibited. (a) It shall be unlawful for any person, natural or corporate, to sell, offer for sale, install, maintain, lease, operate or assist in the operation of an automatic telephone dialing alarm system over any telephone lines exclusively used by the public to directly request emergency service from the South Miami police department. Page 6 of 8 Additions shown by underlining and deletions shown by evefstpil Sec. 15 -4 -9. Fees shall constitute liens. (a) The fee for false alarms, late fees, penalty charges, violations and costs for deactivating a nuisance alarm will be declared to be a debt due to the city, and such amount shall constitute a lien against the premises to the same extent and character as a lien for special assessment, and with the same penalties and same rights of collection, foreclosure, sale and forfeiture as obtained for special assessment liens. For services of false alarm response citations (fines) and registration fees by the city for such service, the underlying location of the alarm (property) shall be liable for payment. All fees and fines becoming due and payable shall constitute and shall be imposed as special assessment liens against the real property and, until fully paid and discharged or barred by law, shall remain liens equal rank and dignity with the lien of the city ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. All delinquent fees and fines shall bear a penalty of one and one - half per cent month from the due date until fully paid. Unpaid and delinquent fees and fines, together with all penalties imposed thereon, shall remain and constitute special assessments against the real property involved. Such special assessment liens may be enforced as provided for enforcement of city ad valorem taxes, or in alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the enforcement of payment thereof may be accomplished by any other method authorized by law. Sec. 15 -4 -10. Schedule of Fees and Fines. Permit Fees Residential $50.00 Commercial $100.00 False Alarms Reinstatement/ Renewal Fee $75.00 $75.00 No fee for first and second Third — $50.00 Fourth — $100.00 Fifth — $150.00 Sixth — $200.00 Fine for Alarm Business $150.00 $150.00 Seventh — Possible Discontinuation of Service Page 7 of 8 Additions shown by underlining and deletions shown by everst-rik4t, Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY day of APPROVED: 2002. COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: Page 8 of 8 Additions shown by underlining and deletions shown by evetstfil I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM 5 SYSTEMS; REPEALING SECTION 15 -4 IN ITS ENTIRETY AND 6 CREATING A NEW 'SECTION 15 -4 -1 THROUGH 15 -4 -10 ENTITLED 7 BURGLARY AND ROBBERY ALARM; PROVIDING FOR ALARM 8 PERMITTING, PERMITTING FEES AND FINES FOR NON - 9 COMPLIANCE, ISSUANCE OF FALSE ALARM REPORTS AND 10 APPEALS OF FALSE ALARM REPORTS; PROVIDING FOR 11 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, by Ordinance No. 24 -80 -1083 the City of South Miami first passed 15 and adopted an'ordinance establishing in Chapter 15, Section 15 -4 -1 through 15 -4 -10, 16 rules and regulations regarding the use of burglary alarm systems within the city 17 procedures for issuing false alarm reports, permitting, fines, and appeals of false alarm 18 reports; and 19 20 WHEREAS, Ordinance No. 23 -90 -1463 amended this Section to require the 21 posting of the telephone number of the person who can be contacted at any hour for entry 22 onto the premises of the alarm and/or deactivation of the alarm; and 23 24 WHEREAS, due to modern technology the city's ordinance is obsolete. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. Section 15 -4 is hereby deleted in its entirety and a new Section 15 -4 is 30 hereby created to read as follows: 31 32 Sec. 15 -4 -1. Definitions. 33 Unless it is apparent from the context that another meaning is intended, the following 34 words when used in this chapter shall have the meanings attributed to them by this 35 section: 36 (a) Alarm business means the business of any individual, partnership, corporation or 37 other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, 38 replacing, monitoring, moving or installing any alarm system or in causing any alarm 39 system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or 40 installed in or on any building, structure or facility. An alarm business and/or alarm 41 monitoring company shall be a burglar alarm specialty electrical contractor who shall be 42 properly licensed, and which contractor shall have, as a qualifying agent, a State of Page 1 of 8 Additions shown by underlining and deletions shown by ever-striking. I Florida or Miami -Dade County company qualifier. A State of Florida or Miami -Dade 2 County company qualifier shall mean a person licensed as a Miami -Dade County master 3 or journeyman burglar alarm specialty electrical contractor, Dade County master 5 electrician, State of Florida alarm contractor, or State of Florida electrical contractor. 6 (b) Alarm permit means <a permit issued by the city allowing the operation of an alarm 7 system within the city. 8 (c) Alarm system means any, assembly of equipment, mechanical or electrical, 9 arranged to signal the occurrence of an illegal entry or other activity requiring urgent 10 attention and to which the police department is expected to respond, but does not include 11 alarms installed in conveyances or fire alarms. 12 (d) Alarm user means the person, firm, partnership, association, corporation, company 13 or organization of any kind which is in control of any building, structure or facility or 14 portion thereof for which an alarm system is maintained. 15 (e) Automatic telephone dialing alarm system means the automatic dialing device or 16 an automatic telephone dialing - alarm system and shall include any system which, upon 17 being activated, automatically transmits by telephone or telephone line to the South 18 Miami police department, a recorded message or code signal indicating a� need for 19 emergency response; or a system which, upon activation, connects to an answering 20 service whose function it is to transmit to the South Miami police department a need for 21 emergency response. 22 (f), False alarm means an alarm signal eliciting a response by police when a situation 23 requiring a response by the police does not in fact exist; but this definition does not 24 include an alarm signal caused by unusually violent conditions of nature nor does it 25 include other extraordinary circumstances not reasonably subject to control by the alarm 26 user. 27 (g) Location means the building or structure or portion of a building or structure upon 28 which an alarm system is installed or maintained. 29 30 Sec. 15 -4 -2. Alarm permits required; fee; renewal; enforcement provisions. 31 (a) It shall be unlawful for any person to operate an alarm system without a valid 32 alarm user permit. Violation of this section shall be a misdemeanor of the second degree, 33 punishable as provided for in chapter 775, Florida Statutes. 34 35 (b) Applications must be made to the City of South Miami Alarm Unit which will 36 issue permits to alarm users after payment of the $50,00 residential or $100.00 business 37 alarm permit fee. Page 2 of 8 Additions shown by underlinins and deletions shown by everstrtlg I (c) All alarm user permits will expire on September 30th of each year and must be 2 renewed no later than October 1St of the renewal year. Renewal permits will be issued 3 after completion of an application form and the appropriate payment of the annual permit 4 fee (listed in subsection b). 5 (d) Whenever the police respond to a location where no alarm permit has ever been 6 issued or the alarm permit has expired for the alarm system generating a false alarm, a 7 copy of section 15 -4 -2 entitled "Alarm permits required fee; renewal; enforcement 8 provisions, shall be sent to the alarm user along with written notification as follows: 9 (1) On non- permitted accounts, will required payment of the applicable alarm 10 permit fee (renewal fee), plus a $75.00 fine. There could be no police response to 11 subsequent alarms at the location until the fine and the permit fee are paid. 12 13 (2) A response to an alarm system where the permit has expired will require 14 payment of the applicable alarm permit fee (renewal fee) plus a $75.00 fine. There could 15 be no police response to subsequent alarms at the location until the fine and the 16 applicable permit fee are paid. 17 18 (e) If a business has one or more alarm systems protecting two or more separate 19 locations, a separate permit will be required for each location. 20 (f) To reinstate police service to a location the alarm user must obtain a valid alarm 21 permit pursuant to section 15- 4 -2(b) or (c) and pay all outstanding fines as identified in 22 subsection 15- 4 -2(d). 23 (g) Subsections (b) through(f) of this section shall not apply in those situations where 24 alarm use permits have been revoked under section 15 -4 -6. 25 26 Sec. 15 -4 -3. Application for alarm permit; emergency notification and reporting 277 service information. 29 (a) Applications. Applications for alarm permits shall be made on forms provided by 30 the police department. The initial application shall be accompanied by a fee of $50.00 for 31 residential and $100.00 for businesses. The application shall state the name, address and 32 telephone number of the location where the alarm is installed. If the applicant's alarm is 33 installed and serviced by an alarm business, then the alarm business must provide the city 34 with their business name, address and telephone number and obtain the alarm user permit 35 for the applicant prior to the installation of the alarm system. Noncompliance with this 36 subsection by the alarm business will cause the alarm business to incur a $150.00 fine 37 and the refusal by the City of South Miami Alarm Bureau to issue any other permits to 38 the alarm business unit until all outstanding fines are paid in full. 39 Page 3 of 8 Additions shown by - underlining and deletions shown by everstri6fig, I (b) Emergency notification. Each application shall list an emergency telephone 2 number of the user or his representative to (1) provide prompt notification of alarm calls 3 at the location and (2) in order to facilitate and permit access to the alarm location by the 4 police in order to inspect the property. Emergency telephone numbers shall be kept 5 current and the City of South Miami Alarm Bureau shall be provided immediate written 6 notice of any changes in the contact information. Failure to timely provide updated 7 information may constitute grounds for revocation of the permit. 8 9 (c) Reporting service information. Each holder of an alarm user permit shall 10 immediately notify the police department in writing of any and all changes in the 11 information on file with the city regarding the alarm permit. Failure to do so shall 12 constitute grounds for revocation of the permit. 13 14 Seca 15 -4 -4. Necessary items for alarm systems to qualify for an alarm user permit. 15 (a) All alarm systems shall have a backup power supply that shall activate in the event 16 of a power failure or outage in the ordinary source of electricity from the utility company. 17 (b) All alarm systems will have automatic, reset capability, which would silence the 18 annunciator within 30 minutes after activation and which will not sound again as a result 19 of the same event that resulted in the original activation of the alarm. 20 21 Sec. 15 -4 -5. Response to alarm; determination of validity. 22 23 (a) Whenever an alarm is activated in the city, thereby requiring an emergency 24 response to the location by the police department, and the police department does respond 25 and is ,provided access to the location, a police officer on the scene of the activated alarm 26 system shall inspect the area protected by the system and shall determine whether the 27 emergency response was in fact required as indicated by the alarm system or whether in 28 some way the alarm system malfunctioned and thereby activated a false alarm. 29 (b) If the police officer at the scene of the activated alarm system determines the 30 alarm to be false, said officer shall cause a false alarm report to be generated. A 31 notification shall be mailed or delivered to the alarm user at the location of the alarm 32 system installation and to any other address provided in the permit application contact 33 list, advising the alarm user of the false alarm. 34 35 (c) The City of South Miami Chief of Police, or his alarm unit designee, shall have 36 the right to inspect any alarm system on the premises to which a response has been made 37 and he may cause an inspection of such system to be made at any reasonable time 38 thereafter to determine whether it is being used in conformity with the terms of this 39 article. 40 Page 4 of 8 Additions shown by underlining and deletions shown by eking. I See. 15 -4 -6. Appeals. 2 3 (a) The City of South Miami code enforcement board empowered under section 2 -24 4 of the South Miami Code of Ordinance to hear appeals of civil infractions shall hear 5 appeals from alarm users on the issue of whether the alarm system in question activated a 6 false alarm, as determined by a police officer at the scene of such activated alarm. 7 (b) Upon receipt of any false alarm report from the city, the alarm user shall have 8 twenty (20) days, orally or in writing, to request an appellate hearing before the code 9 enforcement board. 10 (c) At the appellate hearing, the alarm user shall have the right to present evidence 11 and testimony. 12 13 (d) The hearing officer shall make written findings available to the alarm user and the 15 Chief of Police within ten (10) days from the date the hearing is concluded. 16 (e) In order to successfully appeal the false alarm report, the appellant must approve 17 by a preponderance of the evidence that the false alarm for which s/he received a false 18 alarm report was not in fact a false alarm, as identified under section 15- 4 -1(f). 19 20 Sec. 15 -4 -7. False alarm service charges; enforcement and revocation provisions. 21 (a) It is hereby found and determined that more than six false alarms within any 22 permit year is excessive and constitutes a public nuisance. 23 (b) The activation of false alarms within a permit year will be handled according to 24 the following escalating service fee schedule: 25 26 (1) The first and second false alarms will not be billed a service charge. The 27 third false alarm will be billed a $50.00 service charge that shall be considered a fine 28 owed by the alarm user to the city. The fourth false alarm will be billed a $100.00 fine. 29 The fifth false alarm will be billed a $150.00 fine. The sixth false alarm will be billed a 30 $200.00 fine. Failure to make payment within twenty (20) days of receipt of the fines 31 may result in a discontinuance of police response to alarms that may occur at the 32 premises described in the alarm user's permit until payment is received and will 33 ultimately result in the recording of a lien against the location owner, as provided for in 34 section 2 -24 of the City's Code of Ordinances. 35 36 (2) After the seventh false alarm, the police department is not required to 37 respond, and shall result in revocation of the alarm user's permit in the following manner: 38 a. The alarm user shall be given ten (10) days' advance written 39 notification that the alarm user's permit will be revoked, which written notice shall set 40 forth the reasons for such revocation. Page 5 of 8 Additions shown by underlining and deletions shown by evefs 1 2 b. The notice shall specify the specific date of revocation and that the 3 police department may discontinue responding to any alarms that occur at the premises 4 described in the revoked permit after the date of revocation. 5 C. False alarms occurring before the effective date of revocation of 6 permit or while an appeal is pending pursuant to section 15 -4 -6, will continue to 7 accumulate fines which will be billed and handled in accordance with the provisions of 8 subsection 15- 4 -7(b). 9 d. An alarm permit that has been revoked under subsection 15- 4 -7(a) — 10 (b), shall be required to pay a reinstatement fee, in addition to the permit fee identified in 11 section 15 -4 -3 Reinstatement of the permit and police service will be made upon receipt 12 of a letter from an alarm company licensed in accordance with section 15- 4 -1(a) 13 confirming that the alai-in system is operating properly, that the permit holder has 14 received alarm system user's retraining on how to properly operate the alarm system, 15 payment of the alarm permit, and the $75.00 reinstatement fee. 16 17 (3) Nothing within this chapter shall preclude the police department from 18 responding to panic or ambush alarm signals, calls describing . emergencies or crimes in 19 progress, or routine calls for service. However, nothing in this chapter may be construed 20 to create a duty to respond in any circumstances where such _a duty does not exist 21 pursuant to the statutory or common law of Florida. 22 23 Sec. 15 -4 -8. Automatic telephone dialing alarm systems prohibited. 24 (a) It shall be unlawful for any person, natural or corporate, to sell, offer for sale, 25 install, maintain, lease, operate or assist in the operation of an automatic telephone 26 dialing alarm system over any telephone lines exclusively used by the public to directly 27 request emergency service from the South Miami police department. 28 30 Sec. 15 -4 -9. Fees shall constitute liens. 31 (a) The fee for false alarms, late fees, penalty charges, violations and costs for 32 deactivating a nuisance alarm will be declared to be a debt due to the city, and such 33 amount shall constitute a lien against the premises to the same extent and character as a 34 lien for special assessment, and with the same penalties and same rights of collection, 35 foreclosure, sale and forfeiture as obtained for special assessment liens. For services of 36 false alarm response citations (fines) and registration fees by the city for such service, the 37 underlying location of the alarm (property) shall be liable for payment. All fees and fines 38 becoming due and payable shall constitute and shall be imposed as special assessment 39 liens against the real property and, until fully paid and discharged or barred by law, shall 40 remain liens equal rank and dignity with the lien of the city ad valorem taxes and superior 41 in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the Page 6 of 8 Additions shown by underlining and deletions shown by eve *rig 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 real property involved. All delinquent fees and fines shall bear a penalty of one and one- half per cent month from the due date until fully paid. Unpaid and delinquent fees and fines, together with all penalties imposed thereon, shall remain and constitute special assessments against the real property involved. Such special assessment liens may be enforced as provided for enforcement of city ad valorem taxes, or in alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the enforcement of payment thereof may be accomplished by any other method authorized by law. Sec. 15 -4 -10. Schedule of Fees and Fines. Reinstatement/ Permit Fees Renewal Fee Residential $50.00 $75.00 Commercial $100.00 $75.00 False Alarms Fine for Alarm Business $150.00 $150.00 No fee for fast and second Third - $50.00 Fourth — $100.00 Fifth — $150.00 Sixth — $200.00 Seventh — $200.00 and Discontinue of services Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or pants of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approval. Page 7 of 8 Additions shown by underlining and deletions shown by everstFd g. l 2 PASSED AND ADOPTED this 3 — 4 5 ATTEST: 6 7 8 9 CITY CLERK 10 11 1st Reading - 12 2nd Reading — 13 14 READ AND APPROVED AS TO FORM: 15 16 17 18 CITY ATTORNEY 19 20 21 22 day of. APPROVED: MAYOR 2002. COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: Page 8 of 8 Additions shown by underlinins and deletions shown by eveFstrikieg. 2 DRAFT 3 City of South Miami 4 Special City Commission Minutes 5 August 1, 2002 6 7 CALL TO ORDER: 8 9 The City Commission of the City of South Miami, Florida met 10 in Special session on Thursday, August 1, 2002 beginning at 7:10 11 p.m., in the City Commission Chambers, 6130 Sunset Drive. 12 13 A. Invocation: 14 Commissioner Feliu delivered the Invocation. 15 16 B. Pledge of Allegiance: 17 The Pledge of Allegiance was recited in unison. 18 19 C. Roll Call: 20 The following members of the City Commission were present: 21 Mayor Julio Robaina, Vice Mayor Mary Scott Russell and 22 Commissioners David D. Bethel, Randy G. Wiscombe and Horace G. 23 Feliu. 24 25 Also in attendance were: City Manager Charles D. Scurr, 26 Finance Director Hakeem Oshikoya, City Attorney Earl G. Gallop 27 and City Clerk Ronetta Taylor. 28 29 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 011( 31 RESOLUTION (S) 32 33 RESOLUTION NO. 113-02-11462 34 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 35 CITY OF SOUTH MIAMI, FLORIDA, ADVISING THE PROPERTY 36 APPRAISER OF ITS PROPOSED MILLAGE RATE OF 6.373 OR 37 7.373 MILLS; ITS ROLL-BACK RATE OF 6.055 MILLS AND 38 ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE 39 PROPOSED MILLAGE RATE AND TENTATIVE BUDGET, ALL 40 REGARDING THE CITY'S 2002/2003 FISCAL YEAR BUDGET; 41 PROVIDING AN EFFECTIVE DATE. 3/5 42 43 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 44 approve this item. 45 SPECIAL CITY COMMISSION MINUTES — August 1, 2002 1 Manager Scurr conveyed that the purpose of tonight's meeting 2 was to set the maximum millage rate for the upcoming budget 3 process: The City's current millage rate is 6.373 mills. When 4 the maximum millage rate is set tonight, it can be lowered 5 during the budget hearings but it cannot be raised. The FY 6 2002 -03 Budget for South Miami is at a crossroads. Overall 7 financial state continues to be excellent. Over $1.2 Million in 8 cash reserves; fully funded pension plans. All of this has been 9 fully verified by the City's independent auditors. 10 11 FY 2002 -03 presents special challenges - in the past the 12 City has been able to utilize surplus cash carryover. That is 13 no longer available for operating expenses (non- recurring 14 revenues, which have been used for recurring expenses); Assessed 15 value of commercial property decreased (Shops At Sunset Place) ; 16 other revenue sources are off due to post September 11t`' economic 17 conditions; expenses trends, beyond the City's control are 18 increasing (e.g. health insurance) ; existing recurring revenues 19 are not growing at a rate sufficient to offset normal increases 20 in operating, expenses and the loss of non - recurring revenues. 21 22 The net growth in recurring revenue for next year is minus 23 ($40,775). The major decision facing the City is clear. Sources 24 of recurring revenue must be put in place or service levels must 25 be reduced. Administration is proposing a wide range of 26 alternatives;. It is recommended that all alternatives be 27 considered. At the end of the budget process the mix of 28 services, fees and taxes that's best for the City will emerge. 29 30 The first of the City's dilemma is that the City's 31 commercial assessment has been flat for the last four years. 32 There is not tap on how much commercial assessments can grow. 33 For what has been found, the commercial assessment has been flat 34 for three, years and has actually decreased this year. Part of 35 the reason for this is that there has been very little new 36 construction occurring within the City. The primary reason for 37 the lack of growth in the commercial area has been the re- 38 assessment of the Shops At Sunset Place. The Shops At Sunset 39 Place represents 26% of the commercial real estate assessment. 40 It also represents 130 of the total ad valorem value of the City 41 of South Miami.. The residential assessment is doing great. It 42 increased by almost 100, in spite of the 3% State tax. The 43 total assessed value for the City went up by approximately 30 44 Million dollars. This relates to $222,000 more in ad valorem 45 taxes. The dilemma is the City utilized $263,000 in 46 nonrecurring revenues. This in essence starts the current FY 47 approximately $40,000 in the hole. 48 49 At the same time, the City has a series of expenses that are 50 beyond the City's control that are increasing: 1) Health SPECIAL CITY COMMISSION 2 MINUTES - August 1, 2002 1 insurance premiums have increased 39% for a total of $204,017, 2 2) Cost of living adjustment of 3.5% for a total of $250,00(710 3 of the City's budget is personnel), 3) County solid waste 4 tipping fees increased by 3% for a total of $25,000. Total cost 5 for solid waste is now $1,100,000, 4) COPS funding of $105,000, 6 5) Murray Park Youth Multipurpose Center is expected to open in 7 mid -year for an estimated operating cost of $150,000, 6) Pension 8 fund has had an increase in enrollment, longer life expectancy, 9 and an decrease return on investment, enhanced benefits for a 10 total of $150,000, and 7) Non-health insurance and liability 11 workers compensation for a total of $25,000. 12 13 Increased Expensed are attributed to: Health Insurance, 14 COLA, solid waste, COPS, Murray Park Pension and other insurance 15 for a total of $908,017.00. 16 17 The budget goals for FY 2002 -03 are: 18 1. Maintain the Commitment to Exce- llence, Integrity and 19 Inclusion. 20 2. Maintain the highest quality of municipal services. 21 3. Hold discretionary expenses to the lowest levels possible. 22 4. Hold staffing at or below current on- board levels where 23 possible. 24 5. Eliminate positions through efficiency and consolidation. 25 6. Limit staff increases to areas of essential need. 26 7. Evaluate current service levels, reduce unnecessary levels 27 of service and allocate resources to essential functions. 28 8. Develop recurring revenue sources by adopting the usual and 29 customary fee systems used by other municipalities. 30 9. Search for new grant opportunities and grant reimbursements. 31 10. Continue critical capital infrastructure projects. 32 11. Support Juvenile Crime Prevention efforts. 33 12. Continue to support the South Miami Community Redevelopment 34 Agency. 35 13. Continue to support annexation. 36 37 South Miami is the only City in Miami -Dade County that 38 includes garbage and trash services as part of the Ad Valorem 39 taxes. Most other cities charge anywhere from $324.00, which is 40 the low in Hialeah. Coral Gables charges $498.00. The most 41 common level is $349.00. If the City of South Miami were to do 42 this the potential revenue for garbage and trash fee would be 43 approximately $900,000.00 44 45 Last year the City did a one -time Miami -Dade County Solid 46 Waste surcharge to try to recover the additional expenses. 47 Potential Revenue - Miami -Dade Solid Waste Surcharge - $325,000 48 @ $129.00. 49 SPECIAL CITY COMMISSION 3 MINUTES - August 1, 2002 1 South Miami is one of the few cities that do not require 2 residents to register their alarms. Administration is going to 3 recommend increasing the burglar alarm fines for repeated 4 offenders. Potential Revenue - Burglar Alarm Fees & Fines - 5 $100,000 6 7 The City has increased its parking rates once the last 18 8 years. Most other cities are at $1.00. The downtown parking 9 rate for the City of Miami is $1.25 per hour. The City of South 10 Miami is currently at $.75. Potential Revenue - Parking Fees - 11 $200,000 @ $1.00. Coral Gables has announced that it will 12 increase its parking enforcement until midnight Monday through 13 Saturday. 14 15 The City of South Miami is in the $100_.00 range for zoning 16 violations, illegal businesses, and illegal apartments. Other 17 cities are in the $300. -00 to $500.00 range. Potential Revenue - 18 Code Enforcement Fines $20,000. 19 20 Millage rate. Back in 1990 the millage rate was 6.373 mills 21 to day it is 6,373 mills. The City has been at the lowest level 22 for the past 10 to 11 years. A lot of our comparable cities are 23 at eight plus mills, with the exception of the City of Aventura 24 and the Village of Pinecrest. If one were to give a one -mill 25 credit for having garbage and trash in it, the City's adjusted 26 millage rate is really about 5.373 mills. 27 28 In conclusion, administration provides a series of 29 alternatives to help generate the revenue. Total potential 30 revenue for: Solid waste fees, county surcharge, burglar alarm, 31 parking, code enforcement and ad valorem would generate 32 approximately $1,961,276.00. 33 34 Mayor Robaina related that he did not want to see a 35 reduction in services. He emphasized NO REDUCTION IN SERVICES. 36 He said that the City of South Miami is a business and as such 37 has to be operated like a business. Last year the City imposed a 38 fee in an effort to try and make up for ten years of not 39 recouping the additional money it was costing the City to do 40 business. The City doesn't have that luxury anymore. He said 41 that he was in favor of raising the garbage and trash fee to 42 whatever it cost the City and passing this fee on to the 43 residents. He emphasized that the Commission needed to make 44 sure that the City is made whole. He said this isn't a result of 45 the City wanting to increase residential tipping or garbage 46 fees. It is because these are expenses that are passed on to 47 the City from Miami -Dade County. 48 49 Commissioner Feliu announced that he was not in favor of 50 raising the millage rate. He said that one of the major SPECIAL CITY COMMISSION 4 MINUTES - August 1, 2002 1 components of why the annexation efforts have been so successful 2 is because the millage rate has been kept at the same level. He 3 voiced his support of the burglar alarm fee. He further 4 suggested taking a careful look at the overtime expenditure. He 5 said the City should look at other areas where the City might be 6 able to find better health insurance. 7 8 Commissioner Wiscombe concurred with Commissioner Feliu's 9 comment that administration needs to be creative and innovative. 10 He further agreed with Mayor Robaina comments about finding ways 11 to deal with some of the issues that the City has been footing 12 the bill for the longest time. The question is how and when do 13 we start that process. we have had a year where we knew that 14 this was going to be a problem. Last year, the City had told 15 the residents that the $30.00 fee would be a onetime fee and 16 they wouldn't see it again. Talk has been centered around 17 raising the revenues in areas that were really outside of the 18 current budget. He said however, we are not looking at how to 19 trim the fat in the departments. He shared that he along with 20 Vice Mayor Feliu had a year ago sponsored a resolution putting a 21 freeze on hiring, which was never lifted. He voiced his 22 opposition to raising the millage, and proposed to keep it the 23 same. A realistic look at what's going on in house has to be 24 done in order to realize a balance'. He concurred with 25 Commissioner Feliu in regard to the health insurance. He 26 conveyed his concern with the overtime budget. 27 28 Mayor Robaina interjected and said with the amount of police 29 coverage the City has provided the Shops At Sunset Place and 30 because of the SHOPS cooperation or concern he was in favor of 31 redrawing the district and putting a little bit more of the 32 burden on the SHOPS, and giving more police presence to the 33 residential areas. He said the overtime issue is something to be 34 considered. This City continues to allow a lot of special 35 events and shows that are taking place in this community that 36 are all generating a profit and the City is giving away its 37 police and garbage services. He asked administration to 38 invite, within the next couple of days, all those organizations 39 that utilize the City's services during their special events to 40 prove to the City there are no profits being made from their 41 event. 42 43 Commissioner Wiscombe said in addition to providing the free 44 police and garbage service, with some of the events all that is 45 left after everything is over with is a huge cleanup job for the 46 City. He said a reduction in trash pickup service should be 47 looked at. He shared that held spoken with some residents who 48 were agreeable to having the trash pickup service changed from 49 every week to every other week. The City currently has four SPECIAL CITY COMMISSION rJ MINUTES - August 1, 2002 1 pickups a month whereas Miami -Dade County has only one free 2 trash pickup a year. 3 4 Mayor Robaina suggested getting the residents' input on this 5 issue. 6 7 Commissioner Wiscombe said that it is time for the City to 8 started looking to tighten the belt. This is exactly why he'd 9 sponsored the next item on tonight's agenda. 10 11 Mayor Robaina said that held also like to look at the City 12 Attorney's fees. He cautioned the Commission members that 13 whenever they want to get special projects done that involve the 14 City Attorney they must remember that those are extra matters, 15 which cost. 16 17 Commissioner Wiscombe asked if anyone had received the 18 information he'd requested in regard to the City Attorney. 19 20 Vice Mayor Russell indicated that she'd not received this 21 information. 22 23 Mayor Robaina interjected to emphasize the importance of 24 redevelopment. He credited the stability of the millage rate 25 and the lower residential tax base to the new development that 26 occurred in the downtown area. 27 28 Commissioner Feliu shared that several years prior he'd 29 asked for a cost comparison between having an outside City 30 Attorney verses an in house City Attorney. He suggested 31 revisiting this issue again. He further emphasized that this is 32 in no way a reflection of Attorney Gallop, who has been doing an 33 excellent job for the City. 34 35 Vice Mayor Russell voiced her opposition to a reduction in 36 services. Some of the things that make South Miami special are 37 these special services. However, the City is not giving them 38 away. She asked in terms of millage, how much would be realized 39 if the $349.00 waste and tipping fees were passed on to each 40 household. 41 42 Mr. Oshikoya the City's Finance Director said this would 43 represent one and a quarter mills. 44 45 Vice Mayor Russell said that she was all for having the 46 $349.00 waste and tipping fees built into the tax base. She 47 shared that annexation is well received because of the City's 48 reputation for holding the line on taxes. At the same time, she 49 didn't see any preplanning in the budget to annex any areas in 50 the next year that's going to cover the City's expense there. SPECIAL CITY COMMISSION 6 MINUTES — August 1, 2002 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 Annexation is going to require additional services (e.g. police and garbage) . She referenced the health insurance issue and said that the City has a reputation for taking care of its own and vise versa. As a result of that the City has a higher percentage than some other cities because of the medical coverage pay out. She further conveyed her support of the False Alarm Registration fee. She concurred with Mayor Robaina's suggestion and emphasized the importance of getting those organizations, which the City supports with in —kind services to the table for discussions posthaste. Vice Mayor Russell referenced page 10 of the Budget Message to the paragraph "It will be necessary to add one full time employee position to the Building Maintenance Division of Public Works. This position will be responsible for Phase I and Phase II" and asked what is the salary range for this position. Mr. Oshikoya replied, about $23,000.00, without benefits. Vice Mayor Russell referenced the Police Department and the three new positions applied for through the United State Department of Justice Community Oriented Policing (COPS). She said this is in addition to the seven existing position, which are also through COPS and also to be phased out, will the City be dumping the money to be able to afford these three new officers after the 25% annual decrease from the FEDS. She said that she wanted to see some planning. She emphasized her support of the COPS program and was all for the three additional positions. She said the City need build into the next couple of years the increase and the City's financial responsibility for the three new positions. Vice Mayor Russell referenced the last paragraph on page 10 "It is essential that the City have sufficient trained staff on board to manage these projects. The scope of the many projects now reached critical mass and the addition of a construction project manager is necessary. She said that she personally didn't know how Mr. Balogun managed to manage all these projects himself, so far. At the same time she did not see why the funding received from Tallahassee, cannot on a project by project basis, help to fund part of that expense under Mr. Balogun's supervision. She suggested having each administrative aspect of the project built in on a percentage basis. Vice Mayor Russell referenced and asked what does "chronically needed to have it run right. SPECIAL CITY COMMISSION MINUTES — August 1, 2002 7 the first paragraph on page 11 understaffed" mean and what is 1 Manager Scurr said there are a number of positions that are 2 chronically understaffed (e.g. building and street maintenance, 3 stormwater drainage maintenance, sidewalks, street crew). 4 5 Vice Mayor Russell said that she needed to know exactly how 6 many positions would be needed and how much it would cost. She 7 further said that the City has one trash truck that works well 8 consistently and another one that doesn't and she didn't see any 9 planning to save money to purchase a new system next year. She 10 said that she was concerned because she didn't see any planning 11 for the following year. 12 13 Vice Mayor Russell indicated that the landscape maintenance 14 contract should to be reviewed to make sure the medians were 15 taken care of. She referenced the paragraph dealing with 16 Garbage - "The City will need to replace aging equipment in next 17 year's budget. She emphasized that no plans were being made now 18 they were just talking about it. She inquired how much it is 19 going to cost to purchase the - equipment and how much staff is 20 required;. She said that she wanted to realize the cost and 21 prepare the staffing budget accordingly for next year. 22 23 Commissioner Wiscombe said that if this were going to be 24 done, held like to know what the City's options and alternatives 25 are and the cost associated with those options. 26 27 Vice Mayor Russell referenced page 12 of the Budget Message 28 under Solid Waste Fee. She said that the garbage and trash fee 29 should be built into the tax base for deduction purposes. She 30 said this would affect a lot of people because landlords will 31 have to increase the rent. In addition, the downtown property 32 owners will have to pay these fees in their tax bills but they 33 don't receive the City's services. 34 35 Vice Mayor Russell referenced paragraph five on page 13 of 36 the Budget message "The City enacted a $30 surcharge this past 37 year. It was anticipated that this would be a one -time 38 surcharge. However, the reality of the financial situation 39 requires reconsideration. She agreed and said that truer words 40 were never spoken, however she did not want to send another 41 separate bill to the residents. To go back and ask for $320 more 42 than what was asked last year, will not ensure trust from the 43 residents. She said that she want to plan building that fee 44 into the tax base. She further supported the Burglar Alarm Fine 45 schedule. She also voiced her support of the $.25 increase on 46 the parking meter to bring the fee to $1.00 an hour. 47 48 Mayor Robaina conveyed his support of the $1.00 hour parking 49 fee. He shared that he's tried unsuccessfully to get the 50 downtown merchants to stay open pass 6:00 p.m. SPECIAL CITY COMMISSION 8 MINUTES - August 1, 2002 1 2 Vice Mayor Russell said the extra twenty -five cents would 3 generate approximately $200,000 annually. 4 5 Mayor Robaina related that there have been a lot of extra 6 people hired because there has been a lot of new money coming in 7 to do things that have never been done before. The City is 8 playing catch up in addressing some of the infrastructure 9 problems. He asked if the grant funds allowed for project 10 administration. 11 12 Manager Scurr said that all grants operate differently. Some 13 allowed for project administration and some don't. 14 15 Mr. Oshikoya clarified that only a certain percentage of the 16 grant amount can be utilized for administration. 17 18 Mayor Robaina said the City has taken on so much money, to 19 do so many projects, that the City is in a position where it has 20 to hire additional people because sometimes the grants are time 21 certain. 22 23 Mr. O'shikoya made clear that grant funds were restricted as 24 to how they can be used. 25 26 Mayor Robaina said at the risk of sounding unpopular perhaps 27 the City should quit trying to bring in so much money to do so 28 many things, if the City has to continuously go out and hire 29 more people to get the job done. 30 31 Commissioner Wiscombe suggested finishing those projects 32 that have been started before taking on more projects. 33 34 Vice Mayor Russell concurred with Commissioner Wiscombe's 35 suggestion. She emphasized the importance of slowing down and 36 getting everything perfect. 37 38 Mayor Robaina shared that he'd like to consolidate some of 39 the responsibilities at City Hall. Perhaps there are some 40 responsibilities that one person could be doing. That extra 41 person could be shifted over to the public works department 42 where the help is needed. 43 44 Commissioner Wiscombe referenced the consolidation of some 45 of the internal positions at City Hall. He shared that the type 46 of work that people at City Hall do are not going to be able to 47 be shifted laterally over to public worked because the skills 48 are totally different. Sometimes, you have got to consolidate 49 and make the cuts and not shift it over to another department. SPECIAL CITY COMMISSION 9 MINUTES - August 1, 2002 I This is something that he is going to ask the City Manager to 2 take a look at. 3 4 Commissioner Feliu concurred with Commissioner Wiscombe's 5 comments. 6 7 Mayor Robaina referenced the garbage and trash fee and asked 8 if the Commission wanted to put this fee in the tax base. This 9 would bring the City's millage rate down to 5.373 mills. 10 11 Mr. Oshikoya said if the millage rate were reduced to 5.373; 12 it would be reduced for everybody, residential and commercial. 13 14 Commissioner Bethel said that he would not like to see a 15 reduction in services or the millage raised. He said the 16 reduction in trash pickup service should be discussed with the 17 residents. He referenced the downtown business district and 18 opined that perhaps the Shops At Sunset Place did not have the 19 right mix of stores to bring the shoppers in. He further 20 encouraged redevelopment in the downtown area and questioned 21 whether there had to be a delay when the construction should 22 stare. He shared that while visiting the Capitol in Washington 23 D.C. construction was going on near the Capitol building. There 24 was no noise of dust emanating from the construction site. He 25 opined that the Parks and Recreation Department should be self - 26 sufficient. There are leagues that would pay the fees to 27 utilize the city's park facilities. He further voiced his 28 concern with the overtime budget and the cost of health 29 insurance.. He encouraged the City Manager to become innovative 30 with this budget. 31 32 Vice Mayor Russell opined that in planning for the future 33 class training of all public works employees should be 34 mandatory. She asked if the City Manager had a ballpark figure 35 of what the Code Enforcement fines would generate. 36 37 Manager Scurr replied $20,000.00. 38 39 Vice Mayor Russell said that the Code Enforcement department 40 should be addressed in this budget process because there have 41 been complaints about the lack of enforcement. She reiterated 42 that she wanted to continue to support the police department and 43 was all for the new COPS program. She said the City should 44 prepare for annexation (e.g. police department, code enforcement 45 and public works). She questioned the overtime expense of the 46 police department as it related to the Shops At Sunset Place. 47 48 Manager Scurr explained that the off duty police officers 49 seen at the theatre is paid by AMC Theatre and the off duty 50 police officers seen in the parking garage are paid by the SPECIAL CITY COMMISSION 1 0 MINUTES - August 1, 2002 1 parking garage contractor. The police patrol expense is a 2 result of the patrolling the entire new zone six (which is all 3 of downtown) 4 5 Commissioner Feliu said that he'd like to see a breakdown on 6 the overtime. He further suggested voting on the millage now and 7 wait to hear from the Budget Committee for its input. 8 9 Commissioner Wiscombe concurred with Vice Mayor Russell's 10 comments about Code Enforcement. 11 12 Vice Mayor Russell suggested setting the millage rate at 13 7.373 mills. 14 15 Moved by Commissioner Wiscombe seconded by Commissioner 16 Feliu to set the millage rate at 6.373 mills. 17 18 There, being no further discussion on the amendment the 19 motion passed by a 4 -1 vote. 20 21 Commissioner Wiscombe: Yea 22 Vice Mayor Russell: Nay 23 Commissioner Bethel: Yea 24 Commissioner Feliu: Yea 25 Mayor Robaina: Yea 26 27 There, being no further discussion on the resolution as a 28 whole the motion passed as a whole the motion passed by a 4 -1 29 vote. 30 31 Commissioner Wiscombe: Yea 32 Vice Mayor Russell: Nay 33 Commissioner Bethel: Yea 34 Commissioner Feliu: Yea 35 Mayor Robaina: Yea 36 37 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FY 2001/2002 39 BUDGET; FREEZING ALL CURRENT EXPENDITURES EXCEPT 40 ESSENTIALS UNTIL THE END OF THIS FISCAL YEAR; PROVIDING 41 AN EFFECTIVE DATE. 42 (Commissioner Wiscombe) 3/5 43 44 Moved by Mayor Robaina, seconded by Vice Mayor Russell and 45 Commissioner Wiscombe to approve this item. 46 47 Commissioner Wiscombe said that as the City nears the end of 48 the fiscal year he wanted to ensure that the City didn't have to 49 go back and borrow and find a way to balance the budget. This is 50 one way of contributing to make sure that that doesn't happen. SPECIAL CITY COMMISSION 1 1 MINUTES August 1, 2002 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 This resolution would put a freeze on items in the general fund but not the other funds (e.g. operating, grants). He shared that Manager Scurr had expressed some concerns and advised that he had any other issues or concerns to address them now. Manager Scurr said that his concern is that they might inadvertently do some things that they might not want to do, for example the purchase of fuel, which certainly is not the intent. Others items might include: football program, chemicals and supplies, special investigations in the police department, repair of equipment for none emergencies, garbage and trash disposal fees. Commissioner Wiscombe said that he'd rather see the City Manager identify those line items he feels are essential. Moved by Mayor Robaina, seconded by Commissioner Feliu to defer this item until next Tuesday's meeting. This would provide the City Manager with an opportunity to provide the Commission with a list.of those line items expenditures that could be frozen until the next fiscal year. There, being no further discussion the motion passed by a 5- 0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Nay Commissioner Bethel: Yea Commissioner Feliu: Yea Mayor Robaina: Yea 3. Adjournment There, being no further business to come before this Body, the meeting adjourned at 8 :50 p.m. Attest: Ronetta Taylor, CMC City Clerk SPECIAL CITY COMMISSION MINUTES - August 1, 2002 Approved 12 Julio Robaina Mayor I I 4 rl J (1) V C:) 0 c U N C;6 Jc: 4-J fo > Z L- > 4-) 00 4-) u E 1-� CD C: M� 4-J w fu U fo Q C: E < U Cb •E w C: 0 0 C z 0 U ui =3 a • LLJ I I I FRM Ul c 0 Ul) V) fu 4-J 0 2: u 4-J fo c 4-J Cn 4-J fo U) fo U 0 0 V -C 4-J fo fo O Ul 4-J E- LL c 0 05 fu CL u 0— C- fo 0L V) 0— M 0 0 0 0 to E fu fu w -W Ln 4-J 0) V) fu C: M 4-J 0 0 0) 0 C)- fu -0 to C 4-J 0 C: C: 0 u 4-J 0 4-J U 0 0-0 4. C: fo M 4-J fo U > *V 4-J U M W fu w E 4-J < (D 4-J 0 0 0 0 fu -W Ln 0) 0) fu M 4-J 0 4-J 0) 0 Lo fu _0 4-J to C 4-J 0 C: C: 0 4-J 0 U c I I CIO 7a)' is cc �e i. 0 E E cn IR cc 0 E E d) cc 0 J9 CC! E :®l CO) CO) I E O Amok, Cc cn E d) cc 0 J9 CC! 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Boetes Chairman Miami -Dade Historical 5701 Maggiore Street Maritime Museum Coral Gables, Florida 33146 Dear Mr. Boetes: Your proposal to create the first Historical Maritime Museum in Downtown Miami is an innovative concept that has the potential of being beneficial to our community in terms of it being an educational asset as well as complimenting our attractions portfolio which serves locals and visitors alike. The Greater Miami Convention & Visitors Bureau is supportive of the Historical Maritime Museum concept. The museum if successful, stands to be a win -win for our community. It stands to add to the synergy of the already begun project of rejuvenating Downtown and the Biscayne Boulevard corridor. We would be delighted to see this project come to fruition. Sincerely, ?t William D. Talbert, III President & CEO 701 Brickell Avenue, Suite 2700, Miami, Florida 33181 (305) 539 -3000, Fax (305) 530 -3113 http : / /www.miamiandbeaches.com VL • rj U 3 V1 d 1 O O O 4-4 N 0 o N a O a O F x LL O ww w O N >p i ° C'3 O" a, b 0 C+ 0 O 4. O ..�. ;�, N O 0 C = .06S Ob p In pA � ; p y" �a�o•3o 0 cn 'b 0 ao= a�o.�a�ob �a 0 Q 0.0 a6"0 �-o t 6 E 'R g g� 6 g -0 U. O O H � n cC d O p U b : N vi N U p O cpC ° >�y'b 3 �. 0 3 ,, 0'� ca a� 0 �- a�i 0pq ° a 0 0 N m 0 o Orb o•� 0 CA w c� Via? ..: o � ' � ° so. ob �Z' o a-° o'er' °�°, ' � 3 0 X40'". -U 4 0i °c, °x o ° a a L ^� O N S p 7a a\ "0 C4 (U 0 > o GQ `�_ 3 to 4•• Cl � p• O N O'0 p = =4, �opUEi' -ot >, t)j) y 0 � o co (Z � O N >p i ° C'3 O" a, b 0 C+ 0 O 4. O ..�. ;�, N O 0 C = .06S Ob p In pA � ; p y" �a�o•3o 0 cn 'b 0 ao= a�o.�a�ob �a 0 Q 0.0 a6"0 �-o t 6 E 'R g g� 6 g -0 U. O O H � n cC d O p U b : N vi N U p O cpC ° >�y'b 3 �. 0 3 ,, 0'� ca a� 0 �- a�i 0pq ° a 0 0 N m 0 o Orb o•� 0 CA w c� Via? ..: o � ' � ° so. ob �Z' o a-° o'er' °�°, ' � 3 0 X40'". -U 4 0i °c, °x o ° a a L ^� O N S O OV V O y o b >, O to 0 m N O'0 p = =4, y 0 ••� O 0 � O O U U 2i cz m O m E O U. C'O Q >, y 'C (u t o bo O O O C O N vi cn G to L3 "C O O �. Z 00 N N Con ,%- .0 U O w p `..G O.F� ,y v, 4. cl cl M 0 > ..•0l ° 2U e 0 c 0� o4•�so I w >> �. 0 >> bo "O c 0 .. y 'n GL r - U �i. rOi > O •r O .— � O : — O = 2 0 • d4 �, y ccS N Q ' � 2 0 R3 w it V] 'y'�., 14- 0. per. y bA j O .O >' c� p O �+ N. ' y O p ti C U 'cC U Q+U c� s. p ?f = rn v • � t N b4 >, s� " u. ' RS p O 'C O vO 0 0brn �',0 aT? a.r'"� v o a)d too° v 'cc1 v' 'O ° u V N b o Q cC ' O i p 00 L 04 u 0 0 INDEX Museum Goal Founder /Chairman - Maritime Biography Pictorials MSO Minesweeper Museum - The Netherlands School Program for Children Vision Pictorials - Living History Museum in Bicentennial Slip Why Miami? Map of Greater Miami Location Proposal/vision of Maritime Museum Slip is Bicentennial Park Proposed Master Plan Overview - Proposed Master Plan Proposed integration with Miami Baywalk Proposed integration with The Site Plan - Bicentennial Cultural Park Drawing of Maritime Ship Mooring Slip in Bicentennial Park Existing Layout Bicentennial Park Slip Support Layout for Mooring Maritime Ships Miami's Rich Maritime History Pictorials - Miami during WWII Why a US Coast Guard Ship? Pictorials - US Coast Guard Why a US Navy Ship? Pictorial - Navy Training on Miami Beach Navy Activities on the coast Educational Living History Programs Pictorials - Educational programs Employment Pictorials - Staff and Volunteers Multiplying Effects on the Area Greater Miami map Visiting Ships Programs Pictorials - Visiting Ships and International Events Contacts for success Historical Naval Ships Association Miami -Dade Historical Maritime Museum Museum Goal Frans Hendrik Boetes Founder/Chairman Miami-Dade Historical Maritime Museum 5701 Maggiore Street CoraLGables,-F-Iorida-33146 Phone: 786-268-0923 Cell: 305-799-1143 E-Mail: transboetes@attbi.com Frans Boetes, a native of The Netherlands, was born with an innate love of the sea and an interest in presery ' ation of the history of maritime. At an early age he was building ship models and dreaming of far-off places. His first career was as an employee of the Holland American Line where his love of ships and the sea were enhanced. Frans has owned sailing ships for his personal pleasure and has served on historic preservation boards in The Netherlands, giving of his time, energy and creativity to save ships from the country's golden era when the Dutch were sailing the world, colonizing and trading. His greatest effort and his labor of love, is the preservation of an, American Ocean Minesweeper MSO, that he found in 1990 in Amsterdam, stripped of her many details and waiting for salvage, something that he vowed would not happen. He asked the government to turn the ship over to him for restoration back to her original working order to be turned into a living history museum. After long negotiations the, US government relented and turned the ship over to Frans with the proviso that she remain in safe hands and that no financial aid was requested from the Dutch navy or the Dutch government for the restoration project. Frans agreed. Single-handedly, in the beginning, Frans began the difficult task of restoration. Slowly he was able to get others interested in the project and got the much needed help that he sought. X Hr. Ms. ' Mercuur, the only remaining American Ocean Minesweeper of her kind, now sits proudly in the waters off the coast of Den Haag where she is a living history museum that operates without government subsidy. Participating in the. opening ceremonies in 1993 were the Dutch Secretary of Defense, and the highest admiral of the Royal Dutch Navy. The American Ambassador Terry Dornbush dedicated the plaque designating the minesweeper as a Marshall Plan ship. American Ambassador Cynthia Schneider dedicated the plaque designating the ship as a member of the Historic Naval Ships Association. Frans was the founder and Chairman of the Netherlands Maritime Trust who watches over the ship through the efforts of a dedicated board. She is staffed by a captain and some 50 or so volunteers who swab her decks, paint her hull and keep her in mint condition so that the citizens of The Netherlands can enjoy her beauty 001-� Miami-Dade Historical Maritime Museum and her history. The engines are running, flags are flying and the radar is turning while all hands are on deck in uniform offering tours and workshops for children. High ranking navy officers hold meetings and receptions on board and there are private parties and conferences, all of which help to support the on -going activities of the ship. She is a monument to the United States of America, and through the Marshall Plan exemplifies the partnership between The Netherlands government and America that have a long history of cooperation. She is a member of the worldwide Historic Naval Ships Association. • In 1999, Frans received the Royal Dutch Association, Our Fleet Annual Award, the highest award given to non -naval personnel. • In 2000, Frans received a royal decoration from Queen Beatrix of The Netherlands, a prestigious award that is given to those who give of their energies, resources, creativity and time through projects that benefit the country. • Also in 2000, Frans received the Casper J. Knight, Jr. award from the Historic Naval Ships Association, their highest award, which is given only in the rare cases of extraordinary efforts in the area of naval preservation. From this background, Frans moved to Miami in February of 2002, with his American wife, and began the search for Miami's historic maritime past. He was surprised to find that there was not already a ship, museum in these beautiful waters and the spark was ignited that led-him to found the Miami -Dade Historical Maritime Museum. From this foundation, the organization's goal is to bring one or more navy or coast guard ships into Miami to represent the rich maritime history of the area and to join the ranks of all the major, coastal cities in the United States who have ship museums. To quote Frans, "it is time for Miami to join other American coastal cities by having their own living history ship museum." Miami -Dade Historical Maritime Museum t uE �Varitime Trust Miami-Dade Histon*cal VISION LIVING HISTORY MUSEUMS IN BICENTENNIAL PARK WATERS WHY MIAMI? • Miami is the only US coastal or major water-way city without a living- history ship as a museum • Miami has a rich maritime history that is interesting to locals and visitors • A Maritime Museum will enhance the' city's image • A Maritime::; Museum will create additional tourism • A Maritime Museum will boost Bayside activities in area 10 elm Miami-Dade Historical Maritime Museum i n ..-I �a a � "'Tourism is Everybody s' Business"' August 6, 2002 Frans H. Boetes Chairman Miami -Dade Historical Maritime Museum 5701 Maggiore Street Coral Gables, Florida 33146 Dear Mr. Boetes: Your proposal to create the first Historical Maritime Museum in Downtown Miami is an innovative concept that has the potential of being beneficial to our community in terms of it being an educational asset as well as complimenting our attractions portfolio which serves locals and visitors alike. The Greater Miami Convention & Visitors Bureau is supportive of the Historical Maritime Museum concept. The museum if successful, stands to be a win -win for our community. It stands to add to the synergy of the already begun project of rejuvenating Downtown and the Biscayne Boulevard corridor. We would be delighted to see this project come to fruition. Sincerely, William D. Talbert, III President & CEO 1-IF 701 Brickell avenue, Suite 2700, Miami, Florida 33131 (305) 539 -3000, Fax (305) 539 -3113 http: / /www.miamiandbeaches.com n 1 ; 1 • 1 jF 'I- c 0 N H IY W W toti 0 n ---I Q' August 6, 2002 Frans H. Boetes Chairman Miami -Dade Historical Maritime Museum 5701 Maggiore Street Coral Gables, Florida 33146 Dear Mr. Boetes: Your proposal to create the first Historical Maritime Museum in Downtown Miami is an innovative concept that has the potential of being beneficial to our community in terms of it being an educational asset as well as complimenting our attractions portfolio which serves locals and visitors alike. The Greater Miami Convention & Visitors Bureau is supportive of the Historical Maritime Museum concept. The museum if successful, stands to be a win -win for our community. It stands to add to the synergy of the already begun project of rejuvenating Downtown and the Biscayne Boulevard corridor. We would be delighted to see this project come to fruition. Sincerely, William D. Talbert, III President & CEO 701 Brickell Avenue, Suite 2700, Miami, Florida 33131 (305) 539 -3000, Fax (305) 539 -3113 http://www.niiamiandbeaches.com 3 N O 0 N N C7 a 0 N Cd vV U O O; O N O `11 ate, C a� O 0 0 3 �r 0 0 4.0 O ' 4-+ U N bo 4M. M to ol cl�a d) 14 04, 0 4 � `� � U5 cz 10 o u 0 U O y r ul 0 p � O O 3 ,O �b0x coo 0 p q p •U cz cn o I d =y �O .t ^O Cf O y Z O U 0 N N O N o Q O - O; U N 'C n > O O O Q y O 0 O Y O N Q Q .0 Q .g oz 0> O U Q -a, cd -�4 3 3 o x c O 0 � a. r O (u 0 rA a a� bo.4 p d o -, o r. cz 22 O °O 00 N Q °+ O U i� ° N 0 cn o N bow �°o 0 >, °o o -° �- ¢ c � `� ° -d wy �. O oo 08 E, .2 7, cd¢ °•0 U .b d p � o -b 0 3 o ° p Q. U. �,- �+,•O C N N N N 0 = O ua'booUU°o� °ro RU. 3c o o 3v;°'�0a�i c O p > .0 .0 aoi 'v� 0 0 -ci ° °? U �° '° y r 0 o O r. � ro � .fl fir" >,'d .c ¢, QA; E o o d 0 3 o ° p Q. U. �,- �+,•O C N N N N 0 = O ua'booUU°o� °ro RU. 3c o o 3v;°'�0a�i c O p > .0 .0 aoi 'v� 0 0 -ci ° °? U �° '° y r 0 o O r. � ro � .fl fir" >,'d .c ¢, QA; E o o _n U «s U CIO N O Z V IR Y V/ O s p c� J A y U 'o = ccS U d "C U cn O U W ^ • �� > Q O"' cad -a r. O sU, 0, �' O A U 0 U ' Q.,= cz > C C 01 U U IF KAa, ... ...,..,._ �..` %iii i KAa, ... ...,..,._ �..` %iii e ,� l � x \ i# S jm+J PROPOSED MIAMI BAYWA 4 ?fwow .. /'�%r,9�d� Z mentor. the Florida D�art_ P n, hick �. owns the property'under-the Here are some of the obstacies to cre tion,of an unimpeded. baywalk along the Miami waterfront, bridge, said .he;--is; willing .o from norttr to goutti identif fed al fund ''t h ' O Margaret PacePark is under constru tion and.' fenced off with n4�blic access. The park verhaul, with a baywalk, is' expected to be completed by falk': 'Q...The Woman's flub, which rents spaceto the � -, International Fine arts College, -has no baywalk for a stretch of about 50 to 75 yards. A walled -oft parking Iotextends to the water. The city is in talks with-the" club to- allow"it to build a baywalk extension ©.;An.lron,gate blocks access to the b . Ik behihd tfidGrand and Doubletree Hotei'and Con miniums, (` At the Venetian Causeway, the ba k must rise and dress the street beoause there i no. way underneath the bi idge: A reinforced steel gate blocks ac( s to the baywalk behind The Heraid.. Fencing at the southern end of The l4erald lot, blocks access to the bottom section of the MacArthur .. Causeway. ' , , Q While there is plenty of height clearMce and width, the -ground is not paved under the MacArthur Causew' Ay Q The MacArthur's southern end ,of. tide baywalk does not connect smoothly'with the baywalk at Bicentennial Park. Q The seawall must be rebuilt at Bicentennial. The city has identified$t0. million from a bond'issue to do the work. 0 The baywalk must be paved at the south end of the Bicentennial Inlet, or it can run atthe. AmericahA!rlines Arena level.' Parcel B behind the arena is fenced of., But the parcel is at grade witty the underpass at the Port Boulevard bridge.. The Port Boulevard,bridge underpass has plenty of height and width clearance.. The FEC'tracks that run.next to.it are too low to go under, but they can be crossed. above without�a•problem next to Bayside. �.. The Bayfront Park baywalk connects with the baywalk that goes behind the Hotel Intercontinental; but it is desolate: Behind the flupont Plaza, there is a narrow walkway that runs along thb river, but it is fenced off. .The baywalk continues under the Brickell bridge, where homeless people sleep, and behind the convention center, where it. is tree- shaded and well maintained. Beyond.BUan's on the River Restaurant, there is no existing baywalk. — Oscar Corral �► er s o elp carry out the project..: "I don't have anx:probiems i whatsoever: m`allowing .that, said Abreu.. The`' baywalk 'continues+ along Bicentennial Park,' W h h S the city wants to renovate. waterfront lot behind the AmericanAirlioes Arena, which is-owned;by-the Miami; Heat, is fenced' off. The Heat i has expressed interest in build-!, ing a residential. higli- rise'; there, but-Heat lawyer Jorge Lopez. has said that, any Bevel - opment.of the property. would ensure public, access to the baywalk_ Miami -Dade Historical Maritime Museum -te -Ian 7e s i V -2, ) W-MM luj 1,,Residential/commercial development Public overlook Bayside esplanade Maritime Museum Existing Layout d d N w Y a Q1 C U f0 CL d H :7 C O •n - c c m a� tm c F- 1 -O O p 3 C N VJ m > L � w J ..., t. L ezir� \0 ae a1 kR.YfaM Xgabf � a� � � 4e 3 O y C1 LO o m c a f C 30 m cc C 5 CD AIR i / �+ O dq d la —'-0 O p U O m m c c m m CD J > �'Cy oc� `nc� y r��+ co T� �6 Cp V p d -y Cp ` y - TI O M i-1 �Q'� N Omf6 U (p w t w m O N CL . ' o CIS cla ,..j �x � �. r W)� C raq d d N w Y a Q1 C U VD 1 Q� \i. 9 MIAMI' S RICH MARITIME HISTORY • World War I involvement • World War II involvement • Post World War II involvement • Visits from presidents /first ladies and politicians • Cuban Missile Crisis • U.S. Coast Guard • U.S. Navy (training PC & Sub - chaser) • U.S. Navy (ship building -PT boats) • U.S. Air Force • U.S. Army • U.S. Marines • Amistad visit /other visiting maritime events • Greater Miami Chamber of Commerce ship visiting program • All ships named USS Miami • Volvo Ocean Race • Cruise Ship Industry • Current Royal Spanish Cadets visits • Current Navy Vessels Visits Program • The National Oceanic and Atmospheric Administration Weather Connection Historical Maritime Museum inow r Rooselvelt visiting members of Miami's black community. She many military installations in the Greater Miami area during a Why a US Coast Guard Ship? Coast Guard Missions _ Cruise Ship Examinations -Port State Control Pollution Passenger Vessel Terminal - Security - Waterways Management Coast Guard Group Miami -one of busiest and most active commands , • Museum Program will allow public access to a US Coast Guard ship and show interesting history of their critical involvement in ' the water - ways -of the area access that is not possible today • Life - skills educational program for school children and aspiring want -to -be coast guard employees Coast Guard veteran's Alumni Program Master Academy Projects • With outbreak of WWII, the coast Guard pilots from Miami flew anti - submarine warfare & convoy support missions Historical Maritime Museum Why a US Navy Ship? • Construction of navy docks built during WWII later served to increase the trade with Caribbean The DuPont Building served as headquarters for the Seventh Naval District during WWII • Cuban Missile Crisis involvement • The United States Southern Command is located in Miami where the Navy and all branches are playing a part in the war on terrorism • History of USS Miami ships and present day USS Miami (SSN 755) Submarine (nuclear- powered) • Current and future visits • Biltmore Hotel was during WWII 8 0 E _.M_.M� � Miami -Dade Historical Maritime Museum naval ship VA hospital July 1942 m® o ®A I N uylir UNITED WE STAND r ' ** i R t 'K iL t �4 IN. TH S IS SUE: - °71 ��gg 9/n- d inlp, 19L 1 #a Al t'rya 4 r-� I r ,t { - I r r `> Educational Living History Programs - - - • Patriotic Theme Programs (Fourth of July, Veteran's Day, Pearl Harbor Dad, V Day, Armed Forces Day, etc.) • Hands -on experiences for school children -see, touch, feel, smell, etc. - 4` learn how to be a sailor <<, * Technical education for specific groups • Life skills programs • Master Academy special projects • Educational School Tours = • Special projects directed at recruitment • Youth'overnight encampment programs • Cater to reunion groups • Veterans Programs .j • Management Training Sessions - Team Building through ship labor • Special p' rograms for the handicapped visitors Miami -Dade Historical Maritime Museum Membership Application Benefits Categories Annual Memberslifns • Student Member • Sailor Member • Charter Member • Associate Member • Associate Plus Member: (Choose One) a (a) Two adults on memberAip card ❑ (b) One adult and one guest • Supporting Member • Family & Friends Member • Sustaining Member • Organization Member • Small Business Member • Corporate Member ❑ Senior Citizens • Veterans (wide w) • Veteran - Memorial Member Perpetual Memberships • Lifetime Member • Benefactor Stars and Strives D►onadonlS ap ns ©r Annual Fee F $ 10 F 5 20 F $ 30 F S 40 FF 5 60 a ❑ Chief of Staff Honorary Member AA ❑ * * ** Admiral Founder AA ❑ * ** Vice Admiral Founder AA ❑ ** Rear Admiral Founder A ❑ * Rear Admiral Founder A $ 250 $ 80 5 125 $ 125 $ 150 $ 500 10% discount Gratis $ 30 $ 1000 (once) $ 5000 $25000 $15000 $ 9000 $ 8000 $7000 ❑ / /// Captain Sponsor B $ 5000 ❑ I// Commander Sponsor B $ 4000 ❑ / -I Lieutenant Commander Sponsor B $ 3000 ❑ U Lieutenant Sponsor B $ 2000 ❑ /- Lieutenant Junior Grade Sponsor B $1000 ❑ / Ensign Sponsor B $ 750 _Dade Historlc Maritime Museum Aug. OS, 2002) Name: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Organization/Corporation: ........................... . Function: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... Adress :................ ............................... ................0 ity............................. ........Staate...............71 ...... Phone: ........................ Home.............. office Fax: ............................ Home .............. Office, E-Mail: ... ... ... ... ... ... ... ... Signature: Date: rirr -rry� Miami -Dade Historical Maritime Museum Cheating Living History on Floating Museum Miami-Dade Historical Martime Museum Miami-Dade Historic Maritime Museum is a Non - Profit 0— manization and is a member of the Historic Naval Ships Association The mission of the M -1DRN Museum is To found and promote a not for profit organization for the collection, preservation and exhibition to the public of historical maritime and aviation objects (starting from WWII till the present) and information with a focus on education and enlightenment. There will be a spacial Program for Donations to our Non for Profit and Chaiit*W "Miamt -Dade Historical Maritime MuseW ", Andthere will be also a special program for group visits. Reservations for cer=onies available. Please send vourMembershio Awheation & Chmue to MiAAH DARE MUORICAL MARiTM MUSEUM .. Frans H. Fetes Founder /Chairmw 5701 Maggiore Street H N, .S A Coral GableS, FL, 33146 -2827 U.S.A. YtSlillt NAVAL Phone: 305 - 799 -1143 SuAt 89000TIor1 FAX 786- 268 -0969 F 1 210 -foot CGC Courageous (WMEC 622). eum Multiplying Effects on the Area • Attraction for one additional night in Miami for cruise ships • Museum ship /s will create a interesting first step in the further development of Bicentennial park • Museum ship /s will have a positive effect on Bayside area by bringing more visitors to the area • Visitors will be onboard museum ship /s approximately 60 minutes each, then visit other points of interest in the park is Naval Tender Service will transport visitors from /to new museum ships and other attractions on Watson Island, Vizcaya, Museum of Science, Bayside Harbor, Downtown points of interest • Possible recruitment tool for military forces Visiting Ships Program • Space will be allocated for visiting ships along the park side • Miami's Maritime Museum s hip /s will be permanently moored on the arena side in the Bicentennial slip /s • The City of Miami to secure the Bicentennial slip (the so called historical military slip) for special military events and visiting naval vessels and other historic sailing' ships Miami -Dade Historical Maritime Museum Historical Maritime Museum per Historical Maritime Museum Contacts for Success • Key contacts in Washington, D.C. • Key contacts in the state of Florida • Miami -Dade County officials • Miami City officials • Miami Planning and Zoning Department • Miami Office of Asset Management • Miami -Dade County Cultural Affairs Council • Miami Harbor & Seaport authorities • Miami River authorities • U. S. Coast Guard • U. S. Navy • U. S. Navy Reserve Center • MAPS Military Recruitment • U. S. Southern Command • Miami Police /Fire /Utilities, etc. • University of Miami • Greater Miami Convention & Visitors Bureau • Greater Miami Chamber of Commerce • Military Affairs Council of the GMCC • Park Advisory Board • Bicentennial Park/Waterfront Renewal Committee • Dade Heritage Trust Miami-Dade Historical Maritime Museum • School Boards • Master Academy • The American Legion • Friends of the Military Museum & Veterans Memorial of South Florida • The Navy League of the United States • The Veterans Administration • Navy Recruiting Agency • US Navy Donation Program • US History Department /Archives • Coast Guard Recruiting Agency • Service clubs • Boy and Girl Scout Organizations • US Coast Guard Donation Program • US Coast Guard Recruiting Center • Maritime Steering Team Committee of Existing Miami Museums • Historic Naval Ships Association • City of Coral Gables • Coconut Grove area • Coral Gables Chamber of Commerce • Cruise Line Companies located in Miami • Sea Cadets • Coral Gables People to People Program, Inc. • The Waterfront Advisory Board of the City of Miami Miami -Dade Historical ` Maritime Museum Introduction To The Historic Naval Ships Association HNSA Visitor Guide Foreword Thirty five years ago, a group of individuals representing a number of former naval vessels established the Historic Naval Ships Association (HNSA). Its purpose is to facilitate the exchange of information and provide mutual support among those who are working hard to maintain their aging vessels physically and financially. The ships of HNSA are located not only in the nation's coastal seaports, but on lakes and rivers far from the sea, in the midst of the United States, as well as in Canada, western Europe and Australia. To visit one of these ships is to experience a time warp, being taken back fifty, sixty, or more years, to a time when these warriors were the latest ships of their type. Many were on the front lines at sea during World War II and continued their service into the Cold War era, serving in the seas off Korea and Vietnam. Taking a tour, your senses reawaken the past. You see, touch, smell, and hear the ship much as it was during its glory days when the crew took her to sea, risked their lives and put her in harm's way for their nation's defense. The Association's ships, if brought together under one command, would provide the rare vision of an international naval battle group of the most diverse capabilities. The vessels, represented in HNSA and described in this guide, are American in the majority, but one will also find ships from Australia, Canada, France, Germany, Great Britain, Greece, The Netherlands, and the Soviet Union. The time periods represented are also of broad scope, including warships from the American Revolution (1775- 1783), the Early American Republic (1797- 1854), U.S. Civil War (1861- 1865), and the Spanish American War (1898); U.S. Coast Guard vessels of the inter -war period (1919- 1939), merchantmen of World War II, and a Soviet missile patrol boat of the Cold War (1945 - 1990). The types of vessels arrayed within these pages include battleships, cruisers, destroyers, submarines, PT boats, tall ships, tugboats, and deep- diving research submarines. Anyone who wishes to explore the maritime past or who desires to contribute his or her own resources to support projects like these, is welcome to visit and learn more about these veterans of many wars It is important that we support the dedicated efforts of the many volunteers whose work enables us to visit these ships'. Naval veterans would want us to maintain and interpret these vessels, as a source of patriotism and inspiration for the naval service, as well as a potential source of recruitment. It is often said about naval vessels that they are more than floating structures of wood, hemp, and canvas; more than riveted iron or welded steel brought into being so that they can be fought against the enemy. They take on the spirit of the men and women who serve in them, and the ships' names become a source of motivation and strength for their sailors. Once you have served in a vessel, you remember the experience forever, its motion -in a seaway, its Miami-Dade Historical M itime Museum HN SA HISTORIC NAVAL SHIPS ASSOCIATION sounds during the midwatch, its excitement during the call to General Quarters. You are reminded forever of your friends, and of the sacrifice of shipmates during battle, fires, or storms at sea. These experiences become a part of your life, and many veterans end up loving the ships in which they served. This brings them back to see "their" ship or ones like it and to want to preserve them for others to see. If during your visit to one of these vessels, you begin to sense these connections, you will understand why sailors go down to the sea in ships and why they must return to the sea time after time. If, in modern times, people forget our connection to the sea, they will be ignoring much of what brought our nation into being and made it great. The Historic Naval Ships Association is performing a'great service by keeping our maritime and naval traditions alive and well for future generations. William S. Dudley Director of Naval History United States Navy r...r.r Miami -Dade Historical Maritime Museum �l Activities of The Historic Naval Ships Association Historic Naval Ships Association c/o U.S. Naval Academy Museum 118 Maryland Avenue Annapolis, MD 21402 -5034 Objectives Of The Association: To educate the public on the rich naval maritime heritage of the member ships; the roles the ships have played in their countries' histories; and the importance of preserving historic naval ships for future generations. To foster the exchange of information and experiences among the member ship staffs to enable them to develop and conduct educational programs to spread knowledge of their histories to the public. To provide information, assistance and support to the member ship staffs to enable them to manage and operate their facilities in the most efficient manner possible. Activities Of The Association: Annual Conferences: The Historic Naval Ships Association provides a forum for its members to exchange ship museum management information and technical expertise. The Association's annual conferences are each hosted by a member vessel at its city or a nearby venue. The delegates discuss such matters as educational programs, preservation methods, conservation techniques, collections management, insurance, exhibiting, fundraising and marketing their sites and programs. Publications: Historic Naval Ships Visitors' Guide Curators' Handbook for Historic Ships Individual Member brochure Quarterly newsletter, Anchor Watch Up : / /www.hnsa.org web site with customized pages for each member ship, resources for the public, and resources for the Association members. Publicity support: Press releases describing the Association "Fleet" as a whole and Member vessel activities Exhibition of tabletop display at maritime heritage and related Conferences and meetings Articles and inputs for Fleet and Associate Member periodicals Articles and editorial assistance to national maritime related periodicals Ships parts and artifact acquisition: Provision of information to Fleet Members concerning ships scheduled for disposal from which parts may be acquired Provision of information to Fleet Members concerning artifacts available from the U.S. Navy, U.S. Coast Guard, Maritime Administration and individuals Liaison and coordination with U.S. Navy Department offices: Miami -Dade istorical Maritime Museum Office of the Chief of Naval Operations Naval Historical Center Naval Sea Systems Command Naval Recruiting Command Naval Office of Information Space and Naval Warfare Systems Center, San Diego Liaison and coordination with other U.S. and Canadian governmental offices: National Park Service NPS, National Maritime Initiative Maritime Administration Coast Guard Historian National Imagery and Mapping Agency Canadian National Historic Sites Directorate Canadian Conservation Institute Parks Canada Liaison and coordination with other maritime heritage and related organizations: World Ship Trust Naval Historical Foundation National Maritime Alliance National Maritime Historical Society Council of American Maritime Museums American Association for State and Local History National Trust for Historic Preservation U.S. Naval Institute U.S. Navy Memorial Foundation U.K. National Historic Ships Committee Support and active participation in efforts to have legislation enacted that will benefit the Fleet Members Management of the Individual Membership Program Awards program to recognize excellence Biennial Economic Impact Surveys and provision of the data acquired to Fleet Members and to Associate Member organizations working to acquire vessels Management of a Reciprocal Staff Visit Program whereby persons on Fleet Member museum staffs may visit other museums at no charge to acquire and exchange professional information Issuance of Executive Director Memorandums to Fleet and Associate Members and selected others advising them -on matters of interest, providing information, and soliciting their inputs for ongoing Association projects Letters of Association endorsement for Fleet Members to support grant proposals and other projects they are undertaking Assistance and information to groups working to acquire historic naval vessels as museums and M iami-Dade i Historical: Maritime Museum memorials Assistance, advice and information to Fleet and Associate Members via e-mail, phone, fax, letter and visits on the entire spectrum of matters of concern to them Answering inquiries from the general public and the media on matters having to do with the members and the Association Dissemination of information concerning veteran reunion outfits to Fleet Members for their provision to visitors to their museums Exchange of information on positions available and desired Historic Naval Ships Association Historic Naval Ships Visitors' Guide Table of Contents Historic Naval Ships Listed By Location Historic Naval Ships Listed By Name Historic Naval Ships Listed By Type HNSA Ships with Overnight Programs HNSA Associate Members About HNSA How To Join HNSA Suggested Sources of Information U.S. Secretary Of Interior's Standards For Historic Vessel Preservation Projects Em�loyment in the Historic Naval Ship Fleet Historic Naval Ships by Location: AUSTRALIA HMAS Ovens, Fremantle, Western Australia HMAS Diamantina, South Brisbane, Queensland SS Forceful, South Brisbane,. Queensland HMAS Advance, Sydney, New South Wales Command Boat Krait, Sydney, New South Wales MB172 Epiclass, Sydney, New South Wales HMAS Onslow. Sydney, New South Wales HMAS Vampire, Sydney, New South Wales HMAS Whyalla, Whyalla, South Australia CANADA RV Ben Franklin, Vancover, British Columbia RCMPV St. Roch, Vancouver, British Columbia HMCS Fraser, Bridgewater, Nova Scotia HMCS Sackville, Halifax, Nova Scotia HMCS Haida, Toronto, Ontario ENGLAND, HMS Belfast, London HMS Cavalier, Chatham FRANCE FS Colbert, Bordeaux Miami -Dade Historical Maritime Museum GREECE BIS -ae-orgias-Ane—roff, Athens NETHERLANDS HNLMS Togyn, Den Helder HNLMS Abraham CriLnssen, Den Helder HNLMS Schorpioen, Den Helder Hr. _Ms. _Bff u e�l -, Rotterdam Hr. Ms. Mercuur, Scheveningen RUSSIA Cruiser Aurora, St. Petersburg Icebreaker Krassin St. Petersburg LOCI V V [AL] [CA] [C11 [DC1 [FLI [QA I [H11 [IL] [1A] [LAI [MD] [MAI [Ml] [MS] [NEI [NHI [NJ] [NY1 .[N . .... IM I A A I Alabama USS LST-325, Chickasaw, Alabama USS Alabama, Mobile, Alabama USS Drum Mobile, Alabama Miami-Dade Historical Maritime Museum catnornm USS Hornet, Alameda, California Steam Yacht Medea, San Diego, California SS Jeremiah O'Brien, San Francisco, California USS Pampanito, San Francisco, California USS Potomac, Oakland, California SS Red Oak Victory, Richmond, California SS Lane Victory, San Pedro, California Connecticut Japanese HA -8, Groton, Connecticut USS Nautilus, Groton, Connecticut Italian Siluro a Lenta Corsa, Groton, Connecticut, USA Auxilli@U Schooner Brilliant, Mystic, Connecticut USCG Boat Icebucket, Mystic, Connecticut USCGC Eagle, New London, Connecticut USS X -1, Groton, Connecticut District Of Columbia USS Barry, Washington, District of Columbia LCVP, Washington, District of Columbia Motor Whaleboat, Washington, District of Columbia PBR Mark I, Washington, District of Columbia PCF -1, Washington, District of Columbia Continental Gunboat Philadelphia, Washington, District of Columbia. RV Trieste, Washington, District of Columbia Florida SS American Victory, Tampa, Florida PBR Mark II, Orlando, Florida, USA Georgia CSS Chattahoochee, Columbus, Georgia CSS Jackson, Columbus, Georgia Hawaii USS Arizona, Honolulu, Hawaii USS Bow in, Honolulu, Hawaii Japanese Kaiten, Honolulu, Hawaii USS Missouri, Honolulu, Hawaii USS Utah, Honolulu, Hawaii . Illinois Miami -Dade Historical Maritime Musei Iowa German U -.)U.), Chicago, Illinois USACOE Dredge William M. Black, Dubuque, Iowa Louisiana USS Kidd, Baton Rouge, Louisiana Maryland Li&htship Chesapeake, Baltimore, Maryland USS Constellation, Baltimore, Maryland SS John W. Brown, Baltimore, Maryland USCGC Taney, Baltimore, Maryland USS Torsk, Baltimore, Maryland Massachusetts USS Cassin Young, Boston, Massachusetts USS Constitution, Boston, Massachusetts Tug Luna, Boston, Massachusetts Hiddensee, Fall River, Massachusetts USS Joseph P. Kennedy Jr, Fall River, Massachusetts USS Lionfish, Fall River, Massachusetts USS Massachusetts, Fall River, Massachusetts PT 617, Fall River, Massachusetts PT 796, Fall River, Massachusetts USS Salem, Quincy, Massachusetts German Seehund, Quincy, Massachusetts Michigan SS City OfMilwaukee, Manistee, Michigan USS LST -393, Muskegon, Michigan USCGC McLane, Muskegon, Michigan SS Milwaukee Clipper, Muskegon, Michigan USS Silversides, Muskegon, Michigan Mississippi USS Cairo, Vicksburg, Mississippi Nebraska USS Hazard, Omaha, Nebraska USS LSM- -45, Omaha, Nebraska USS Marlin, Omaha, Nebraska Miami -Dade Historical Maritime Museum l } .wl l New Hampshire TS At Portsmouth, New Hampshire New Jersey USS New Jerse ., Camden, New Jersey USS Ling, Hackensack, New Jersey Fenian Ram, Paterson, New Jersey Holland Boat 41, Paterson, New Jersey Intelligent Whale, Sea Girt, New Jersey Japanese Kaiten, Hackensack, New Jersey PBR Mark II, Hackensack, New Jersey German Seehund, Hackensack, New Jersey New York USS Slater, Albany, New York USS Croaker, Buffalo, New York USS Little Rock, Buffalo, New York PTF I7, Buffalo, New York USS The Sullivan, Buffalo, New York MV Commander, Highland Falls, New York USS Edson, New York, New York USS Growler, New York, New York USS Intrepid, New York, New York USAT LT -S, Oswego, New York North Carolina Ohio USS North Carolina, Wilmington, North Carolina USS Co Cleveland, Ohio SS William G. Mather, Cleveland, Ohio Oklahoma USS Bash, Muskogee, Oklahoma Oregon USS Blueback, Portland, Oregon Pennsylvania - U.S. Brig Niagara, Erie, Pennsylvania USS Becuna, Philadelphia, Pennsylvania USS Olympia, Philadelphia, Pennsylvania USS Requin, Pittsburgh, Pennsylvania j South Carolina USCGC Ingham, Mount Pleasant, South Carolina USS Laffey Mount Pleasant, South Carolina USS Yorktown, Mount Pleasant, South Carolina USS Clamagore, Mount Pleasant, South Carolina CSS H. L. Hunlev, North Charleston, South Carolina Texas USS Lexington, Corpus Christi, Texas Admiral's Barge, Fredericksburg, Texas Japanese HA -19, Fredericksburg, Texas USS Cavalla, Galveston, Texas USS Stewart, Galveston, Texas PT 309, Fredericksburg, Texas USS Texas, LaPorte, Texas USS Orleck, Orange, Texas Virginia USS Monitor, Newport News, Virginia RV Aluminaut, Richmond, Virginia USS Wisconsin, Norfolk, Virginia Washington USS Turner Joy, Bremerton, Washington RV Deep Ques t, Keyport, Washington RV Trieste II, Keyport, Washington Tug Arthur Foss, Seattle, Washington Lightship Swi sure Seattle, Washington Schooner Wawona, Seattle, Washington Wisconsin USS Cobia, Manitowoc, Wisconsin USCG Boat Icelander, Manitowoc, Wisconsin Copyright (C) 1998 -2002 Historic Naval Ships Association. All Rights Reserved. Version 1.70, 6 Mar 02 i Miami -Dade JIL 4-- - T Historical Maritime Museum r I istorical Maritime Museum Membership Application Benefits Categories Annual Fee Anit�MemLej shjys • Student Member • Sailor Member • Charter Member ❑ Associate Member ❑ Associate Plus Member: (Choose One) ❑ (a) Two adults on membership card o (b) One adult and one guest ❑ Supporting Member ❑ Family & Friends Member ❑ Sustaining Member° ❑ Organization Member ❑ Small Business Member ❑ Corporate Member ❑ Senior Citizens ❑ Veterans (wm m) ❑ Veteran - Memorial Member Pemetual Membershit�s ❑ Lifetime Member ❑ Benefactor Stars and Stripes Donady- nlSnonsor F $ 10 F $ 20 F $ 30 F $ 40 FF $ 60 G FF G G H E D C B ❑ Chief of Staff Honorary Member AA ❑ * * * * Admiral Founder AA ❑ * * * Vice Admiral Founder AA ❑ * * Rear Admiral Founder A ❑ * Rear Admiral Founder A $ 250 $ 80 $ 125 $ 125 $ 150 $ 500 10% discount Gratis $ 30 $1000 (once) $ 5000 $25000 $15000 $ 9000 $ 8000 $7000 ❑ // // Captain Sponsor B $ 5000 ❑ /// Commander Sponsor B $ 4000 ❑ / -/ Lieutenant Commander Sponsor B $ 3000 ❑ // Lieutenant Sponsor B $ 2000 ❑ /- Lieutenant Junior Grade Sponsor B $1000 I]/ Ensign Sponsor B $ 750 (Miami Dade Mstoric Maritime Museum Aug. 08, 2002) Name: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... Organization/Corporation: ........................... . Function: ...... ... ...... ...... ... ... ... ... ... ... ... ... ... ... ... Adress :................................................................... Cfity....... ............................... State ...............Zip............ Phone :........................ Home .............. Office Fax: ............................ Home ... ... ... ..... Office, E-Mail .... ... ... ... ... ... ... ... Signature: Date: 0 ...,...r Miami -Dade Historical Maritime Museum Creating Living History on Floating. Museum Miami -Dade Historical Martime Museum Miami -Dade Historic Maritime Museum is a Non -Profit Organization and is a member of the Historic Naval Ships Association The mission of the & DHMMuseum is To found and promote a not for profit organization for the collection, preservation and exhibition to the public of historical maritime and aviation objects (starting from W WU till the present) and information with a focus on education and enlightenment. Mew will be a special prograw for Domadow to our Noa for Profit aad Chwknble KMami Dade Historisat MwItime Masemn.", And there will be also a special program for group visits. Resavatims for ceremonies available. Pkme send vourMembmslup Avvhcauon & Chegue to MIAMI DADE HISTORICAL MARMN E MUSEUM Frans H. 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