03-06-01MAYOR:
Julio Robaina
CITY MANAGER: Charles D. Scurr
VICE MAYOR:
Horace G. Feliu
CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Randy G. Wiscombe
CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Mary Scott Russell
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 6,2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: March 2`0, 2001 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
,business entity or organization to influence "City
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all- legislative, quasi - judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and 'unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentations)
1. Parks & Recreation Department
2. Dr. Janet Launcelott
3. Daisy Harrell, Director After School House
4. Tony Bello, General Manager of Charter Communication
REGULAR CITY COMMISSION 1
AGENDA — March 6, 2001
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Regular City Commission Minutes February 6, 2001
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING GIORGIO BALLI TO SERVE ON THE
ENVIRONMENTAL REVIEW AND PRESERVATION FOR A TWO YEAR
TERM ENDING MARCH, 6, 2003 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETING; RESCHEDULING THE APRIL 3, 2001
CITY COMMISSION MEETING TO APRIL 10, 2001; PROVIDING AN
EFFECTIVE DATE. 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDS FOR
CONSTRUCTION OF MULTI- PURPOSE CENTER PHASE II,
AUTHORIZING THE USE OF $150,000 ANNUAL PAYMENT FROM THE
SOUTH MIAMI HOSPITAL AS REPAYMENT FOR CONSTRUCTION LOAN
OF THE CENTER. 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED
USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT' CODE, BY REVISING SECTION 20- 3.3(D)
ENTITLED, "PERMITTED USE SCHEDULE" TO REMOVE GASOLINE
SERVICE STATIONS AS A SPECIAL USE IN THE "NR",
NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. (19- Reading - January 16, 2001 - 2 n
Reading deferred from February 6, 2001) 4/5
RESOLUTIONS) /PUBLIC HEARING(S)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
REGULAR CITY COMMISSION 2
AGENDA - March 6, 2001
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -9.6 (B) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO LOCATE A SUNDAY SCHOOL AS PART
OF A CHURCH LOCATED IN THE "RS -4 (CS -OV)" SINGLE FAMILY
RESIDENTIAL / COMMUNITY SERVICE OVERLAY ZONING DISTRICT
SPECIFICALLY LOCATED AT 6351 SW 59TH PLACE. 4/5
RESOLUTION (S)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE
ADMINISTRATION TO INITIATE THE PROCESS WITH THE MIAMI
DADE COUNTY FOR A CLOSURE OF MANOR LANE AT THE BRIDGE
AND A PARTIAL CLOSURE OF SW 78 TERRACE 3/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT FOR AN OPEN PURCHASE
ORDER WITH FIREPOWER DISPLAYS UNLIMITED, INC., FOR THE
ANNUAL JULY CH CELEBRATION, AND AUTHORIZING THE
PURCHASE OF FIREWORKS BY THE PARKS & RECREATION
DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $10,000.00
(TEN THOUSAND DOLLARS), AND PROVIDING FOR .DISBURSEMENT
FROM ACCOUNT NUMBER 2000 - 48201, "FOURTH OF JULY-
FIREWORKS" FOR $5,500.00 AND RELEASING AN ADDITIONAL
$4,500.00 FROM ACCOUNT NUMBER 001 -0000- 219 - 3500, "PARKS
& RECREATION' DONATION ACCOUNT." 3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND FORMALLY
REQUESTING MIAMI -DADE COUNTY -TO CO- DESIGNATE SW 57TH
AVENUE AS "OFFICER L. DANIEL SCHULZ AVENUE" IN HONOR OF
OFFICE SCHULZ WHO GAVE 'HIS LIFE IN SERVICE TO THE
CITIZENS OF SOUTH MIAMI: 3/5
(Mayor Robaina /Commissioner Wiscombe)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING
THE CITY
MANAGER
TO RELEASE FUNDS OF $14,942.00 FROM ACCOUNT
NUMBER
504`- 1500 -514- 9925,
`SELF INSURANCE
FUND -
INSURANCE SETTLEMENT," TO
PIAZZA, INC.,
FOR THE
DEMOLITION, REPLACEMENT, AND
INSTALLATION OF
A SMALL
TOT LOT
STRUCTURE, DUE TO
DESTRUCTION BY
FIRE, AT
MARSHALL
WILLIAMSON PARK.
3/5
ORDINANCE (S) FIRST READING
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
REGULAR CITY COMMISSION 3
AGENDA - March 6, 2001
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION
OF SECTION 15 -59, TAMPERING WITH AN ESCALATOR, MOVING
SIDEWALK OR ELEVATOR; 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. . "
PUBLIC REMARKS
COMMISSION REMARKS
PURSUANT TO'FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE?, THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON ''WHICH "THE - APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION - OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 4
AGENDA - March 6, 2001
0U7',_
Uzi W
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: March 6, 2001
and City Commission
From: Charles Scurr Re: Agenda Item Ll
City Manager a Appointment to ERPB
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; APPOINTING GIORGIO BALLI
TO SERVE ON THE ENVIRONMENTAL REVIEW AND
PRESERVATION FOR A TWO YEAR TERM ENDING MARCH 6,
2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND
QUALIFIED; PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina appoints Giorgio Balli to serve on the
Environmental Review and Preservation Board for a two year term ending March 6, 2003 or until
a successor is duly appointed and qualified.
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 BOARDS AND COMMITTEES; APPOINTING GIORGIO BALLI
6 TO SERVE ON THE ENVIRONMENTAL REVIEW AND
7 PRESERVATION FOR A TWO YEAR TERM ENDING MARCH
8 6, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND
9 QUALIFIED; PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, The Mayor and City Commission recognize the important
12 contributions made by those who serve on the various city boards and committees,
13 and wish to appoint a full complement to each of ` the active boards and
14 committees; and
15
16 WHEREAS, the Mayor and City Commission desires to appoint Giorgio
17 Balli to serve on the Environmental Review and Preservation Board until March 6,
18 2003 of until a successor is duly appointed and qualified.
19
20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
22
23 Section L The City Commission hereby appoints Giorgio Balli to
24 serve on the Environmental Review and Preservation Board.
25
26 Section 2. The expiration date of those appointments shall expire March
27 6, 2003 or until a successor is duly appointed and qualified.
28
29 Section 3. This resolution shall take effect immediately upon approval.
30
31 PASSED AND ADOPTED this day of 12001.
32
33 ATTEST: APPROVED:
34
35
36 CITY CLERK MAYOR
37 Commission Vote:
38 READ AND APPROVED AS TO FORM: Mayor Robaina:
39 Vice Mayor Oliveros:
40 Commissioner Feliu:
41 CITY ATTORNEY Commissioner Bethel:
42 Commissioner Russell:
43
Additions shown by underlining and deletions shown by Ewer-striking.
0
CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION
rtl�lr r
6130 Sunset Drive Phone No. 305 -663 -6340
South Miami, FL 33143 ® Fax No. 305- 663 -6348
� L
1. Name: L�l ' '1�t AL J-1 Au / o
901ORI-SE lease print
2. Home Address: � r AVE, 0 r GAB DES EL, 33133
3. Business Address: 3360 �!UL Wzq 33)q5
4. Home Phone N .305 Business Phone No. ,S -2 2
5. Education Background:
6. Communitv Service:
8.
9.
10.
11.
10
Are you a registered voter?
Are you a resident of the City?
Do you have a business in the City?
Yes No
Yes No
Yes t/ No
Ethnic Origm?
Anglo American Africa,�American Hispanic American P- Other
Signature.
Applicant
s' Date 1 I
THIS APPLICATION WILL REMAIN ONFILE FOR ONE YEAR
Revised 212000
To:
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Honorable Mayor
and City Commdc,,ion
From: Charles D. Scu:
City Manager
REQUEST
Date: March 2, 2001
Subject: Agenda Item # r
Commission Meeting
03/06/01
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETING; RESCHEDULING THE APRIL 3, 2001
CITY COMMISSION MEETING TO APRIL 10, 2001; PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
Miami -Dade County Days in Tallahassee will be held during the first week of April, the
same week in which the first commission meeting in April is scheduled to take place.
The mayor and most of the commissioners will attend Miami -Dade Days, and therefore it
will not be possible to obtain quorum at the April 3rd meeting. As a result, the meeting
should be rescheduled for April 1 Oth, the following Tuesday.
RECOMMENDATION
Your approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CITY COMMISSION MEETING; RESCHEDULING THE APRIL
3, 2001 CITY COMMISSION MEETING TO APRIL 10, 2001;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-2.1 of the City of South Miami Code of Ordinances
provides that the City Commission shall hold regular meetings at 7:30 p.m., on the
first and third Tuesdays except for June and July; and
WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances
also provides that regular meetings may be otherwise postponed, cancelled or reset
only by Resolution adopted by a majority of the entire membership of the City
Commission; and
WHEREAS, the Mayor and City Commission desire to reschedule the
regular meeting of April 3, 2001 to April 10, 2001 due to the New Year's Holiday.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The regular City Commission meeting for April 3, 2001 has
been rescheduled to April 10, 2001.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
Additions shown by _underlining and deletions shown by evefs r'Tg.
4
E3
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 28 2001
Re: AGENDA ITEM # 6
Commission meeting March. 6, 2001
Multipurpose Center Funding
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDS FOR
CONSTRUCTION OF MULTI- PURPOSE CENTER PHASE II,
AUTHORIZING THE USE OF $150,000 ANNUAL PAYMENT FROM THE
SOUTH MIAMI HOSPITAL AS REPAYMENT FOR CONSTRUCTION LOAN
OF THE CENTER.
BACKGROUND & ANALYSIS
The attached resolution will allow the use of $150,000 annual receipt from the South Miami Hospital as
repayment for the $1,500,000 loan that will be used for the construction of our Multi- purpose Center
Phase II. The resolution is a follow -up to Ordinance number 1 -01 -1732 approved by the City
Commission on January 16, 2001, authorizing the City Manager to obtain the $1,500,000 loan from
Florida Municipal Loan Council. As previously' mentioned to you, in 1998 the City was awarded a grant
of about $1,500,000, by the Safe Neighborhood Park Agency to construct a multi - purpose center in our
Murray Park. The first phase of the construction is completed and we are about to begin Phase lI.
Release of the grant funds requires a dollar for dollar match, and contingent upon the City utilizing its
own match before the Agency releases its own. We have begun; the process of obtaining the loan, and a
resolution' designating the source of funds to repay the loan is one of the requirements for approving our
application. This resolution will satisfy their request and allow us to conclude the negotiation favorably.
Your approval is recommended
i
1
2
3
4 RESOLUTION NO.
5
6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
7 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FUNDS
8 FOR CONSTRUCTION OF MULTI- PURPOSE 'CENTER PHASE II,
9 AUTHORIZING THE USE OF $150,000 ANNUAL PAYMENT FROM
10 THE SOUTH MIAMI HOSPITAL AS REPAYMENT FOR
11 CONSTRUCTION LOAN OF THE CENTER.
12
13 WHEREAS, with approval of Ordinance number 1 -01 -1732 on January 16, 2001,
14 the City Commission authorized the City Manager to negotiate a loan in an aggregate
15 amount of $1,500,000 for construction of the Multi- purpose Center Phase II, and
16
17 WHEREAS, the City Commission has informally expressed its intention to
18 designate the $150,000 annual payment from the South Miami Hospital as repayment for
19 the $1,500,000 construction loan of the center, and
20
21 WHEREAS, by approving this resolution the City Commission is formally
22 authorizing the use of $150,000 from the South Miami Hospital as annual repayment for
23 the loan.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI:
27
28 Section 1. That the City Manager is hereby authorized to earmark the $150,000
29 annual receipt from the South Miami Hospital as repayment source for the construction
30 loan.
31
32 Section 2. That this resolution shall take effect immediately upon approval
33
34 PASSED AND ADOPTED this day of , 2001.
35
36 ATTEST: APPROVED:
37
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39 CITY CLERK MAYOR
40
41 READ AND APPROVED AS TO FORM:
42
43
44 CITY ATTORNEY
S0UT
o� �r
.� F
H
+ INCORPORATE❑ •
1927
t O R'll4
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles D. Scurf
City Manager fa 4
REQUEST:
Date; March 6, 2001
Re: Agenda Item #
LDC Amendment:
Permitted Use in NR District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20-3.3(D) ENTITLED, "PERMITTED USE SCHEDULE"
TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE
"NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached ordinance, which was previously adopted by the Commission, amends the City's
Permitted Use Schedule. The revision is in response to concerns that gasoline service stations are
not a compatible use either within or adjacent to residential neighborhoods. The City's Land
Development Code currently allows service stations as a special use (requires public hearing and
adherence to special conditions) in the neighborhood and general retail districts. Based upon the
goals and objectives of the City's Comprehensive Plan pertaining to the preservation of single -
family residential neighborhoods and the elimination of uses inconsistent with community
character, it would be appropriate to amend the Land Development Code to remove gasoline
service stations as a special use in the "NR" Neighborhood Retail District. It is important to note
that the proposed amendment will not immediately impact existing service stations, however;
stations located in an "NR" district would become nonconforming uses and will, in the future, be
subject to the regulations governing nonconforming uses.
A proposed ordinance removing gasoline service stations as a special use in the "NR" zoning
district was presented to the City Commission at its March 21, 2000 meeting at which time the
Commission adopted the ordinance on first reading without advertisement or a public hearing.
The item was then referred to the Planning Board. The Planning Board at its April 25, 2000
meeting conducted a public hearing, and by a vote of 4 -1 recommended that the ordinance be
+.. , X07 -max
LDC Amendment — Community Service Overlay
Commission Meeting: March 6, 2001
Page 2 of 2
referred to the newly created Zoning Task Force for consideration. The City Commission did
not opt for the recommendation to refer the matter to the Zoning Task Force; rather; the subject
ordinance went before the Commission at its May 16, 2000 meeting, at which time the
Commission held'a public hearing and adopted the ordinance on second reading.
REASONS FOR RE- ADOPTION
Subsequent to the May 16th meeting, City staff determined that the ordinance adoption process
might not have been in accord with Florida statutes governing zoning amendments which modify
a Land Development Code permitted use schedule. Florida Statute 161.041(3)(c )2a and 2b
generally require certain procedures to be followed only for ordinances that change the zoning
map or the uses permitted in a zoning district. The regulations require two public, hearings each
advertised in accordance with instructions listed in the statute. In order to strictly comply with
the ordinance adoption procedures for this type of amendment it is recommended that the
proposed ordinance be subject to public hearings and re- adoption at this time.
RECOMMENDATION:
The subject ordinance was approved on first reading at the City Commission meeting on January
16, 2001. At the request of the City Attorney the second reading of the ordinance was deferred
from the Commission meeting of February 6, 2001 to March 6, 2001.
The proposed text amendment will eliminate a use that is inconsistent with the policies of the
Comprehensive Plan and will protect the character of residential areas in the future. It is
recommended that the ordinance be adopted on second reading.
Attachment:
Proposed Ordinance
Public notice
Planning Board Minutes, 4/25/00
CDS/ B /R %AY V
D: \Comm Items\2001 \3 -6 -01 \LDC Amend - NR Gas Stations.doc
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
6 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
7 BY REVISING SECTION 20-3.3(D) ENTITLED, "PERMITTED USE SCHEDULE"
8 TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE
9 "NIC, NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
10 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 initiated a
15 WHEREAS, the Planning and Zoning Department and the Planning Board have
16 program to update, clarify, and improve the provisions of the City's Land Development Code;
17 and
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19 WHEREAS, the South Miami Comprehensive Plan states that the City should preserve and
20 enhance the quality of life in existing single-family residential neighborhoods and should
21 eliminate uses inconsistent with community character(Land Use Element, Goal 1, Objective 1.1);
22 and
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24 WHEREAS, after review and consideration, the Planning and Zoning Department has
25 determined that allowing gasoline service stations within neighborhood oriented zoning districts
26 is inconsistent with the City's Comprehensive Plan and an> appropriate amendment to the Land
27 Development Code should be prepared; and
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29 WHEREAS, a specific amendment to Section 20-3.3(D) of the Land Development Code has
30 been prepared in order to remove gasoline service stations as a special use in the 'NR'
31 Neighborhood Retail Zoning District; and
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33 WHEREAS, at its April 25, 2000 meeting after a public hearing regarding the proposed
34 amendment to Section 20-3.3(D) of the Land Development Code, the Planning Board voted 4-1
35 to recommend to the City Commission that the ordinance be referred to the Zoning Task Force
36 for further consideration. and
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38 WHEREAS, the City Commission desires to enact the aforesaid amendment.
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42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
44
45 Section 1 Section 20-3.3(D), entitled, "Permitted Uses," of the South Miami Land
46 Development Code is hereby amended to read:
47
48
-----------------
1 (2)
2
3 Section 20 -3.3 A Permitted Use Schedule
4
ZONING
DISTRICT
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5 RETAIL AND WHOLESALE TRADE
Gasoline Service Station 8 L I S I I 5 11
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8 Section 2 If any section, clause, sentence, or phrase of this ordinance is for any
9 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
10 affect the validity of the remaining portions of this ordinance.
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12 Section .3 All ordinances or parts of ordinances in conflict with the provisions
13 of this ordinance are hereby repealed.
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15 Section 4 This ordinance shall be effective immediately after adoption hereof.
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18 PASSED AND ADOPTED this day of , 2001
19
20 ATTEST: APPROVED:
21
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24 CITY CLERK MAYOR
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26 COMMISSION VOTE:
27 READ AND APPROVED AS TO FORM: Mayor Robaina:
28 Vice Mayor Feliu:
29 Commissioner Russell:
30 Commissioner Bethel:
31 Commissioner Wiscombe:
32 CITY ATTORNEY
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35 NOTE: New wording underlined; wording to be removed indicated by strike - through
36
37 D: \Comm Items\2001\3- 6- 01 \LDC Amend - NR Ord -doc
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Action Summary Minutes
Tuesday, April 25, 2000
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
�I
Action: Mr. Morton, Chair, called the meeting to order at 7:35 p.m. and the Pledge of
Allegiance was recited.
II.: Roll Call
Action: Mr. Morton performed roll call.
Board members present constituting a quorum
Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Illas, Mr. Lefley
Board members absent
Mr. Cooper, Mr. Mann
City staff present
Subrata Basu (ACM/Planning Director); Sandy Youkilis,(Temporary Planning Staff);
David Struder (Board Secretary)
Action: Mr. Basu held opening remarks.
The Board and staff discussed the lobbyist ordinance recently passed by the City
Commission. Board and staff concerns included, but were not limited to, the following:
enforcement of the ordinance; reasons: for the ordinance; scope and impact of the
ordinance; and payment of fees as required by the ordinance.
The Board asked that the Mayor, Vice- Mayor, or a Commissioner attend a future Planning
Board meeting during which the ordinance may be further considered.
III. Public Hearings
1
PB MINS' 04 -25 -00
ITEM: PB -00 -009 (deferred from 4 -11 -00 meeting)
Applicant: Mayor and City Commission
Request:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING
SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO
REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN
THE "NR ", NEIGHBORHOOD, RETAIL ZONING DISTRICT;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Illas read the request into the record and staff introduced the item.
I
Public speakers: Ms. Doris Hall; Mr. David Tucker, Sr.; Ms. Yvonne Beckman
The Board and staff discussed the item. Specifics related by the Board and /or staff
included, but were not limited to, the following: appropriateness of gasoline service
stations in the NR zoning district; possible limited use of gasoline service stations in NR,
such as without automobile repair; impact of the ordinance upon certain property zoned
NR, specifically located at SW 62 Avenue and 64 Street; current non - conforming uses in
the NR zoning district; and uses currently permitted in the NR zoning district.
I
Motion: Mr. Lefley moved approval that the matter be referred to the Zoning Task Force
a for consideration. Mr. Morton seconded the motion.
Vote: Approved 4 Opposed 1 (Mr. Illas)
I
IV. Discussion Items
t
No discussion items were scheduled at meeting time.
V. Approval of Minutes
Action: The Board duly voted on and approved the minutes of April 11, 2000, as
submitted.
Vote: Approved 5 Opposed 0
VI. Remarks/ Discussion
Action: The Board and staff discussed such concerns as making PB information packets
more complete; exercising more control over PB applicants who appear at meetings; and
PB member(s) attending City Commission meetings for consideration of Board items.
PB MINS 04 -25 -00 2
-: F ,.
saUT
U
• �[�CCsRRQRATED
1927
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles Scurr u
City Manager
REQUEST
Date: March 6, 2001
Re: Agenda Item I? Special Use Approval, Mt. Olive
Missionary Baptist Church
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -9.6 (B) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO LOCATE A SUNDAY SCHOOL AS PART
OF A CHURCH LOCATED IN THE "RS -4 (CS -OV)" SINGLE FAMILY
RESIDENTIAL / COMMUNITY SERVICE OVERLAY ZONING
DISTRICT .SPECIFICALLY LOCATED AT 6351 SW 59TH PLACE.
APPLICANT'S REQUEST
The applicant, Mt Olive Missionary Baptist Church, is requesting special use approval to
construct a Sunday school building on four church owned lots located at 6351 SW 591h Place
(northwest corner of SW 64th St. and SW 59t1i Pl.) The one story building will be across the street
from the main church sanctuary building. The property is currently zoned "RS -4 (CS -OV) ",
Single Family Residential, Community Service Overlay District.
BACKGROUND- COMMUNITY SERVICE OVERLAY DISTRICT
The Community Service Overlay District, which is Article IX (Section 20 -9) of the Land
Development Code, was adopted in 1997 by the City Commission in order to provide a method
whereby community —based service organizations could respond to special needs of the
community (Charrette Too Study Area).
The technique developed was an overlay zone, which allows for additional uses that are not ..
permitted or provided for in the underlying single - family use districts. The overlay zone allows
for a number of uses, such as churches, temples, community residential homes, and day care
Mt. Olive Church
Special Use Approval
March 6, 2001
Page 2 of 3
centers, as permitted uses; and other uses such as ACLF's, funeral homes, and schools as special
uses requiring public hearings before the Planning Board and City Commission. The applicant's
proposal to build a Sunday school building serving the church requires special use approval [Sec.
20- 9.6(B)] necessitating the subject application.
SITE ANALYSIS
The applicant's proposed site is .3 acres (12,789 sq. ft.).;It consists of Lots 4, 5, 6, and 7, Block
4, Amended Plat of Hamlet. Lots 4,6 and 7 are vacant parcels, and Lot 5 is improved with a one
story single- family structure. The following is a zoning and use analysis for the properties
surrounding the subject site:
Zonin
North RS- 4,Single Family Residential
West RS -4 Single family Residential
CS -OV
South NR, Neighborhood Retail
East RS -4, Single family Residential
PROPOSED DEVELOPMENT
Existing Use
Vacant ,right of way, residential
Church
One story neighborhood retail store,
Vacant parcels, residential
One story, single family homes
The applicant is proposing a new one -story school building and the remodeling of the existing
structure to include uses accessory to the school function. The new addition will have 3,196 sq.
ft. to be added to 1,015 sq. ft. in the existing building, for a total development of 4,211 sq. ft. The
applicant's submitted site plan indicates that the existing one story residence will be incorporated
as part of the new school building and will be remodeled to include a kitchen, office, storage area
and a computer room. The entrance to the building will be through a landscaped ,garden area
facing SW 591h Place.
A total of eleven (11) parking spaces including one handicapped space are required (one per 400
sq.ft.) and are being provided in a paved lot on the north side of the building. The proposed new
building will be set back 2 feet from the property line (no street side setbacks required in the CS-
OV) This will allow for a continuous 36" high landscape hedge on the west and south sides of
the property. The classical architectural style of the building will feature columns on the west
and south facades of the structure.
SPECIAL CONDITIONS APPLICABLE
The requested special use complies with the LDC requirements set forth for special uses in
Section 20- 3.4(A) and the proposed use meets the conditional requirements set forth in Section
20 -5.8 in that the use:
Mt. Olive Church
Special Use Approval
March 6, 2001
Page 3 of 3
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) The proposed development of a building to be used as a church Sunday school is an allowed
special use in the Community Service Overlay District as specified in Section 20- 9.6(B).
2) The proposed development is compatible with the scale of the immediate neighborhood and
will be a positive contribution to the quality of life in the community.
3) The architecture of the building, the new sidewalks and the additional landscaping are
supportive of the design objectives for the South Miami Community Redevelopment Area.
PLANNING BOARD RECOMMENDATION
The Planning Board at its February 13, 2001 meeting approved a motion (5 -0) recommending
approval of the application.
RECOMMENDATION
Approval is recommended
Attachments:
Draft Resolution
Application
Letter of Intent
Property survey
Site plan
Floor plan
Public notices
Planning board Minutes 2 -13 -01
CS /RGL /SAY
DAComm Items\2001 \3 -6 -01 \Special Use Mt Olive School CM report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -9.6 (B) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A SUNDAY
SCHOOL AS PART OF A CHURCH LOCATED IN THE "RS -4 (CS -OV)" SINGLE FAMILY
RESIDENTIAL / COMMUNITY SERVICE OVERLAY ZONING DISTRICT SPECIFICALLY
LOCATED AT 6351 SW 59th PLACE
WHEREAS, the Mt. Olive Missionary Baptist Church has submitted an application for a special
use to allow a Sunday School building to be located on church property specifically located at 6351 SW
59th Place, within the "RS -4 (CS -OV)" Single Family Residential / Community Service Overlay Zoning
District; and
WHEREAS, Land Development Code Section 20- 9.6(B) permits a school as a special use in the
"RS -4 (CS -OV)" Single Family Residential / Community Service Overlay Zoning District Overlay
Zoning District subject to meeting certain conditions; 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, at its February 13, 2001 meeting the Planning Board, after public hearing, voted (6-
0) to recommend approval of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the Mt. Olive Missionary Baptist Church application for special use approval to allow a
Sunday School building to be located on church property at 6351 SW 59th Place within the "RS -4 (CS-
OV)" Single Family Residential / Community Service Overlay Zoning District is hereby approved.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 6th, day of March, 2001.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
DAComm Items\200 1 \3 -6-0 1 \Special Use Mt Olive Resol -doc
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
City of South Miami
Planning & Zoning Department -
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 6351 SW 59th Place
Lot(s) Block Subdivision
South Miami, Fl 33143
PB —:—
Meets &Bounds:
Applicant:
Phone:
Baptist Church
305 - 667 -7791
Representative: Deacon 'Charles Brunson
Organization: Mt. Olive Missionary
14621 SW 105 Court
Baptist Church
Address:
Phone: 305- 235 -9959
Property Owner: Mt. Olive Missionary
Signature:
Baptist Church
Mailing Address: 6316 SW 59th Place
Phone: 305- 667 -7791
Snni`h Miami , P1 Q
Architect/Engineer:
Phone:
Charles Smith
- 44-
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner X 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:
PLEASE CHECK ALL THAT APPLY: x'
_ Text Amendment to LDC Variance
✓Letter of intent
—Zoning Map Amendment Special Use
✓Justifications for change j A/
_ PUD Approval _Special Exception
_ Statement of hardship FyL�
_ 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
v- Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17")
X15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
X20% Property owner signatures
Section: Subsection: Page #: Amended Date:
`Mailing abels (3 sets) and map
The un signed has read this completed a plication and represents that the information and all submitted materials are true and
correc to the best of the applicant's knowledge and belief.
Applicant's Signature and title Date
Upon receipt, appplication and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable reguiations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed
Petition Required
Method of Pavment
Date of PB Hearing Date of Commission
Petition Accepted
fir
1-19-2001
Planning & Zoning Depts.
City of South Miami
6130 Sunset Drive
South Miami,, Ra. 33143
To Whom It May Concern,
We, the Trustee Board and members of Mt. Olive Missionary Baptist
Church, located at 6316 S.W. 59ffi. Place, do hereby request Planning Board
approval to allow an addition to our existing property for the purpose of
Sunday School. This addition will be approx. 3200 sq. ft. and we hope an
aesthetic and functional asset to our community.
The property address is 6351 S.W. 59'. Place.
We would appreciate your approval of this matter as our Youth Outreach
Program is gaining in participants and space is needed to continue our
programs.
Sincerely,
Dea. Charles Bronson
Trustee Board
T-
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DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 13, 2001
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Calla
Action: Mr. Morton performed roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Morton, Ms.
Gibson, Ms. Chimelis. Mr. Comendeiro arriving after roll call.
Board member absent: Mr. Illas
City staff present: Subrata Basu (ACM); Richard G. Lorber(Planning Director); Sandy
Youkilis (Planning Consultant), Maria M. Menendez (Board Secretary).
III. Public Hearing
ITEM: PB -01 -003
Applicant: Mt Olive Missionary Baptist Church, Inc.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20 -9.6 (B) OF THE LAND DEVELOPMENT CODE FOR
A SPECIAL USE APPROVAL TO LOCATE A SUNDAY SCHOOL AS
PART OF A CHURCH LOCATED IN THE "SR -4 (CS -OV)" SINGLE
FAMILY RESIDENTIAL / COMMUNITY SERVICE OVERLAY
ZONING DISTRICT SPECIFICALLY LOCATED AT 6351 SW 59TH
PLACE.
Planning Board Meeting
February 13, 2001
Location: Mt Olive Missionary Baptist Church, Inc.
6351 SW 59t' Place
So. Miami, Florida 33143
Action: Ms. Gibson read the request into the record.
Staff explained the details of the request for special use approval to the Board.
Motion: Mr. Mann moved approval, Ms. Gibson seconded it.
Vote: Approved 5 Opposed 0
ITEM PB -01 -002
Applicant: Mayor and City Commission
Request :
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
STORAGE OF BOATS, TRAILERS AND RECREATIONAL
VEHICLES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION
20 -2.3 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION
OF RECREATIONAL VEHICLES; AND BY REVISING SECTION
20- 3.6(L) ENTITLED, `BOATS AND TRAILERS, BY
PROHIBITING STORAGE OF BOATS, TRAILERS AND
RECREATIONAL VEHICLES IN REQUIRED SETBACK AREAS
FRONTING STREETS; BY PROHIBITING OVERNIGHT
PARKING OF BOATS, TRAILERS AND RECREATIONAL
VEHICLES ON PUBLIC PROPERTY AND BY PROHIBITING
SLEEPING OR DWELLING IN BOATS, TRAILERS OR
RECREATIONAL VEHICLES PARKED WITHIN THE CITY;
PROVIDING- FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Mann read the request into the record.
Board and Staff discussed at great length the visibility issue concerning storage of boats
and other recreational vehicles. Another important issue of discussion was the
enforcement of the proposed ordinance. The Board raised some concerns with the
phrasing of paragraph (b) under Section 2 of such proposed ordinance.
The Board concurred with Staff on continuance of rework of proposed ordinance. (No
motion was called).
Planning Board Minutes 02 -13 -01 2
Planning Board Meeting _
February 13, 2001
IV. Discussion Items
Board and Staff discussion included but were not limited to: (1) the Board discussed with
Staff the problems with a certain establishment which is currently licensed to operate as a
bakery but has been operating as a restaurant and therefore violating the City code; (2)
Staff informed the Board they will be conducting a research on the status of the above -
mentioned establishment, and will be presenting the report with its findings to them at the
next meeting. (3) the Board again brought up the issues involving outdoor seating and the
need to increase the Code Enforcement operational hours, such as evenings and weekends;
Action: The Board agreed on writing a formal letter of complaint to the City Manager
involving various Code Enforcement issues, such as the one concerning the above -
mentioned establishment which appears to be operating in violation. Mr. Comendeiro
moved approval, Ms. Chimelis seconded it.
Vote: Approved 6 Opposed 0
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of January 30, 2001.
VI. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 8 :50 PM.
e
K: \PB \PB Minutes\2001 Minutes \MINS 02- 13- 01.doc
Planning Board Minutes 02 -13 -01
3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY of SOUTH MIAMI
NOTICE OF PUBLIC HEARING
MARCH 6, 2001
in the . ...XXXXXXX .............. .Court,
was published in said newspaper in the - issues of
Feb 22 2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each pay (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
firs' PbItr tionof the attached copy of advertisement; and
aff t furt er says that she rhas neither paid nor promised
a pers ,firm or corporation any discount, rebate, com-
ssion r refund for the purpose of securing this advertise-
nt f publicatio in the said new per.
Swo to an subscribed before me this
2 F 2001
.. day of .I.. A.D..
�......
��. MFRIA 1. MESA
(SEAL);. MY COMMISSION #f CC 885640
Sookie Williams person me. XPIRES; March 4, 2004
t3orWed Thru Notary Public Unde -ters
Im ,
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE 1S HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular City
Commission meeting on Tuesday, March 6, 2001 beginning at 7 :30 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -9.6 (B)' OF THE LAND DEVEL-
OPMENT CODE FOR A'SPECIAL USE APPROVAL TO LO-
CATE A SUNDAY SCHOOL AS PART OF A CHURCH LOCAT-
ED IN THE "RS -4 (CS -OV)" SINGLE FAMILY RESIDENTIAL /
COMMUNITY SERVICE OVERLAY ZONING DISTRICT SPE-
CIFICALLY LOCATED AT 6351 SW 59TH PLACE.
Inquiries concerning this item should be directed to the Planning De-
partment at 305- 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CIVIC
City `Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub -
lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet-
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based. 01- 3- 50/136s48M
2/22
v
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: March 2, 2001
Agenda Item #_
From: Charles D. Scurr Comm Mtg. 03 -06 -2001
City Manager Re: Closure of Manor Lane bridge and
partial closure of SW 78 Terrace
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO INITIATE THE PROCESS
WITH THE MIAMI DADE COUNTY FOR A CLOSURE OF MANOR LANE AT THE
BRIDGE AND A PARTIAL CLOSURE OF SW 78 TERRACE.
BACKGROUND:
The City Commission authorized the administration, through Resolution # 137 -00- 11030, to
develop a traffic mitigation plan for the Manor Lane area. Civil Works, Inc., one of the 'pre-
selected Traffic Engineering Services Consultants, was retained for the study. Based on the
community input through workshops /meetings, traffic analysis and with Commissioner
Wiscombe's assistance, _a set of recommendations has been prepared for implementation.
At the City Commission meeting of February 20, 2001, the Commission directed the staff to
forward the request for the signage as proposed in the traffic study. At the subsequent workshop
on February 27th, 2001, the City Commission expressed a desire to consider closure of Manor
Lane Bridge and a partial closure of SW 78th Terrace.
Attached resolution will authorize the administration to initiate the process.
I RESOLUTION NO
2
3 A`RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO INITIATE THE PROCESS
5 WITH THE MIAMI DADE COUNTY FOR A CLOSURE OF MANOR LANE AT THE
6 BRIDGE AND A PARTIAL CLOSURE OF SW 78 TERRACE.
7
8 WHEREAS, at the request of the residents in and around Manor Lane the City
9 Commission authorized the administration to conduct a traffic intrusion study for the area, and
10
11 WHEREAS, the Civil Works, Inc., one of the pre- selected Traffic Engineering Services
12 Consultants, was retained for the study, and
13
14 WHEREAS, the consultant and the administration engaged in several public workshops
15 to solicit public input,
16
17 WHEREAS, the City has made a request to the Miami Dade County for number of
18 traffic control signs to be placed to reduce traffic intrusion,
19
20 WHEREAS, the City Commission in its special workshop meeting on February 27th,
21 2001 expressed a desire to consider closure of Manor Lane bridge and a partial closure of SW
22 78thTerrace.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1: That the City Commission direct the administration to initiate the process with the
28 Miami Dade County for a closure of Manor Lane at the bridge and a partial closure of SW 78th
29 Terrace.
30
31 Section 2: That the Manor Lane Traffic Intrusion Study be made a part of this resolution.
32
33 PASSED AND ADOPTED this day of 52001.
34
35 ATTEST: APPROVED:
36
37
38 CITY CLERK MAYOR
39
40
41 Commission Voter
42 READ AND APPROVED AS TO FORM: Mayor Robaina:
43 Vice Mayor Feliu:
44 Commissioner Russell:
45 CITY ATTORNEY Commissioner Bethel:
46 Commissioner Wiscombe:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: City Commission
FROM: Charles D. Scurr
City Manager
DATE: 2/15/2001
SUBJECT: Agenda A0
Commission
Meeting March
612001
Fourth of July
Fireworks
The attached resolution seeks approval for the purchase of fireworks for the
2001 Fourth of July Celebration.
The Parks & Recreation Department will "piggy back" off the Village of Key Biscayne
utilizing Firepower Displays Unlimited, Inc., to provide firework services for
the annual Fourth of July Celebration.
The City of South Miami takes great pride in celebrating our Nations freedom!
We look forward to continuing to enhance this very special event!.'
Firepower Displays Unlimited, Inc,, a local company with strong ties to South Miami,
has a list of satisfied clientele including City of Coral Gables, Village of Key Biscayne,
Doral Country Club, and many more.
Funds for this purchase will be disbursed from account number 001- 2000-572 -4820,
"Fourth of July` - Fireworks ", in the amount of $5,500.00, (budgeted amount for the
2000 -2001 year in this account is $9,750.00), and 001-0000-219-3500," Parks &
Recreation Donation Account ", in the amount of $4,500.00. Total'! of $10,000.00.
recommend approval
Fourth of July Fireworks 2001
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Resolution No
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT FOR AN OPEN PURCHASE ORDER WITH FIREPOWER DISPLAYS
UNLIMITED, INC., FOR THE ANNUAL JULY 4TH CELEBRATION, AND AUTHORIZING
THE PURCHASE OF FIREWORKS BY THE PARKS & RECREATION DEPARTMENT FOR
A TOTAL PRICE NOT TO EXCEED $10,000.00 (TEN THOUSAND DOLLARS), AND
PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000 -4820, "FOURTH OF
JULY- FIREWORKS" FOR $5,500.00, AND RELEASING AN ADDITIONAL $4,500.00 FROM
ACCOUNT NUMBER 001- 0000 - 219 -3500, "PARKS & RECREATION DONATION
ACCOUNT ".
WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained
for purchases of items over $5,000.00; and
WHEREAS, The City of South Miami Parks & Recreation Department will "piggy
back" off the Village of Key Biscayne; and
WHEREAS, The Village of Key Biscayne approved Firepower Displays Unlimited,
Inc., through resolution # 99 -45; and
WHEREAS, Firepower Displays Unlimited, Inc., has been utilized by various other
cities; and
WHEREAS, This company will enhance the Fourth of July Celebration for our 2001
Celebration.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be awarded to Firepower Displays
Unlimited, Inc., for $10,000.00 and charging the amount to two separate accounts;
001- 2000 -572 -4820, "Fourth of July- Fireworks ", for the amount of $5,500.00,
and 001 - 0000219.3500, "Parks & Recreation Donation Account ", for $4,500.00.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of March 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Fireworks My 0, 2001
MAYOR
'IREPOWER DISPLAYS
UNLIMITED, INC*
SPECTACULAR '
L-jrDL-rzzniDv-c, DISPLAYS' # oDL-t-Y.4y v-v
Creatively Designed For Any Special Occasion
STRICTLY ELECTRONICALLY FIRED DISPLAYS
PROPOSAL FOR
FIREWORKS DISPLAY
P.
Sponsors City of South Miami
Contact Ana Garcia, Director of Parks & Recreation
Cc Julio Robaina, Mayor
Cc Charles Scurr, City Manager
Date of Display July 0, 2001
Location TBA
Time After Dusk - approx 9:15pm
Duration Approximately 14-15 minutes
Show Price $10,000.00
Deposit $ 5,000.00
Remarks Firepower Displays wilt be donadng 24- 51' shells as a
now customer incentive
We the undersigned, being interested in a fireworks display for City of South Miami
agree to pay a price of $10,000.00 for the display agreed upon, which will be furnished
by Firepower Displays Unlimited, Inc.
The undersigned, intending tote legally bound, agree as follows:
1. Sponsor to make a deposit payment of 50% of the contract price upon signing of
contract, but no later than 30 days prior to display.
2. Sponsor to make balance of payment immediately after the display.
3. In the event Sponsor shall fail to pay any sum when due under the terms of this
contract, Sponsor shall pay, in addition to such amount, interest at the rate of 1 -1/2%
per month on the unpaid amount from the original due date. Sponsor does further
agree that it shall pay Firepower Displays' reasonable attorney fees and court costs
in the event Firepower Displays shall commence suit or incur fees to compel
P.O. BOX 4085 • Princeton. FL 33032 J,, TM ULTMTE IN 4, Tel. (305) 258-1110 • Fax: (305) 258-3580
7`1 F T-
3r675-258-5580 F. 3
` CA City of S Miami ~l0K~7-4^8ldoc
^"e°^"~°
`
Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's
default of any of the terms and provisions herein contained,
4. SPONSOR'S AGENT: Ana Garcia shall be designated as sponsor's agent to whom
all questions and inquiries shall relay all questions and inquiries. Sponsor's agent
shall be the only agent of sponsor authorized to request rescheduling of the delivery
and exhibition of the fireworks on the part of sponsor.
5. If event is on land, sponsor to furnish police and/or crowd security personnel,
provide proper parking supervision, and insure adequate patrol of the safety zone as
marked and secured by the sponsor until Firepower Displays Unlimited, Inc. advises
:that it is no longer necessary.
6. If event is over water, Firepower Displays Unlimited will be responsible for marine
permit and control of safety zone.
7. Firepower Displays Unlimited, Inc. reserves the right to terminate the display in the
event persons, vehicles or animals enter the secured safety zone and security is
unable or unwilling to remove them and enforce the safety regulations. ,
B. Firepower Displays Unlimited, Inc. will furnish all applicable licenses, permits and
$2,000,000 liability insurance and pyrotechnicians for your electronically fired
�
9. Hold harmless Firepower Displays Unlimited, Inc. from any claims that do not
'
10, CR
this agreement, Sponsor shall give Firepower Displays program credit as so , le
fireworks supplier and producer in all press releases, advertising, and any other
program announcements, printed or otherwise.
11.: If show is canceled, sponsor is responsible for any permit, fire watch orPargettug
:�fees, if applicable. Additionally, sponsor will be responsible for load in/Joad'i out
: expenses not to exceed 15% of budget.
12'. If wind exceeds 20 miles per hour, fireworks display will be postponed to amagreed
date between sponsor and Firepower Displays Unlimited, Inc.:
13,�Rain date policy is a follows: Postponement time is 11:30am day of dis ay.!
14! If the delivery and/or exhibition of the fireworks is postponed by reason of in
l�,weather, same shall be re-scheduled to the Inclement Weather Date set forth above.
15,1:IMPORTANT NOTE: Items listed in this proposal assume a firing areathat,
st
~~..~,..~~ to NFPA Code 1123-1995, which states that there must be at !lea 'I :70 feet
per inch of shell diameter between firing site and any spectator : s, cars or bui,, Idlings.
This program requires a safety zone that has a radius of 420 feet because Of the
inclusion of 6-inch shells. Adjustments will be made to the content of this program if
necessary to conform 'to NFPA 1123-1995.
'
Firepower Displays Unlimited, Inc., upon acceptance of this contract in writing, agrees
to fulfill the contract in a workmanlike and professional manner.
Accepted this day of
On behalf of City of South Miami,
Ana Garcia, Director of Parks & Recreation
On behalf of Firepomr Dismays Unlimited, Inc.,
Gary Avins President
C:\ City of S Nfiami - 10K -7-4-0 I.doc
Page 4 of 8
"14 Q00
OVER 300 SHOTS — Assorted Opening Barrage, Titanium Reports, Whistles, Assorted
Color, Tourbillions.
30 - THREE INCH SHELLS, TITANIUM SALUTES — these shells explode into a burst
of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern.
18 - FOUR-INCH SHELLS - ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS
— bursts resembling a round and weeping flower pattern, WHISTLES — a break of color
followed by whistles.
8 - FIVE-INCH SHELLS - FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING
CHRYSANTHEMUMS & PEONIES — two, three or four distinct color changes that
resemble a round and weeping flower pattern.
3 - SIX-INCH SHELLS - FANCY STAR SHELLS - Assorted brilliant colors in various
patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING
CHRYSANTHEMUMS & PEONIES — two, three or four distinct color changes that
resemble a round and weeping flower pattern.
P. Faa
C:\ City of S Miami - 10K - 7- 4- 01.doc
Page S of 8
.,
180 THREE INCH SHELLS, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS bursts resembling a round and weeping flower pattern,
ASSORTED COLOR & CRACKLING EFFECTS — assorted color peonies and
chrysanthemums with crackling effects, FANCY STAR SHELLS — Assorted brilliant
colors in various patterns, SPIDERWEBS - long hanging fine webs of gold, silver or
assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES — a
palm tree image with different forms with trunk like rising effect, ASSORTED TWO
COLOR CHANGING CHRYSANTHEMUMS S PEONIES — two distinct color changes
that resemble a round and weeping flower pattern, ASSORTED COLOR BROCADES —
a dense golden, silver or assorted color effect ending at the tips with an umbrella -like
canopy cascading and failing low.
162 FOUR INCH SHELLS, ASSORTED COLOR, PEONIES
CHRYSANTHEMUMS - bursts resembling a round and weeping flower pattern,
WHISTLES — a break of color, followed by whistles, SCREAMING DRAGONS — a
break of bright magnesium colors followed by loud screaming whistle, GOLD FLITTER,
SILVER OR GLITTER CROSSETTES - exploding comets crackling into criss- crossing
effects, FANCY STAR SHELLS — Assorted brilliant colors in various patterns,
SPIDERWEBS - long hanging fine webs of gold or silver, TOURBILLIONS - titanium
silver spinning effects, VVILLOWS - golden, silver or assorted colors of very fine lines
with an umbrella like effect cascading slowly, RINGSHELLS - assorted ring patterns of
different colors of one, two, three or five different colors, GOLDEN, SILVER,
GLITTERING OR CRACKLING PALM TREES a palm tree image with trunk -like
different forms, ASSORTED TWO and THREE COLOR CHANGING
CHRYSANTHEMUMS & PEONIES — two or three distinct color changes that resemble
a round and weeping flower pattern, STROBES — a variety of bright twinkling shells,
ASSORTED COLOR BROCADES - a dense golden, silver or assorted color effect
ending at the tips with an umbrella -like canopy cascading and failing low, MULTI -
BREAK SALUTE SHELLS — a variety of salute effects that incorporate multiple
powerful reports into the display.
88 - FIVE INCH SHELLS, FANCY STAR SHELLS- Assorted brilliant colors in various
patterns, SPIDERWEBS — long hanging fine webs of gold or silver, TOURBILLIONS
titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES
exploding comets crackling into criss- crossing effects, WILLOWS golden, silver or
assorted' colors of very fine lines with an umbrella like effect cascading, RINGSHELLS —
assorted ring patterns of different colors of one, two, three or five different colors,
GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES - a palm tree image
with different forms with trunk-like rising effect, GOLD OR SILVER RAIN - slow
cascading gold or silver effect, ASSORTED TWO, THREE & FOUR COLOR
CHANGING CHRYSANTHEMUMS & PEONIES - two, three or four distinct color
—N P_
d
s CA City of S Miami I OK -7." 1 AM
Page 6 of 8
changes that resemble a round and weeping flower pattern, STROBES — a variety of
bright twinkling shells, ASSORTED COLOR BROCADES a dense golden, silver or
assorted color effect ending with an umbrella -like canopy cascading and falling low,
MULTI -BREAK SALUTE SHELLS — a variety of salute effects that incorporate multiple
powerful reports into the display, STAR FISH - group of large glittering tail comet stars,
CRISS- CROSS OR BEES, assorted color bees or Criss - cross.
69 - SIX INCH SHELLS, FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, SPIDERWEBS — long hanging fine webs of gold or silver, TOURBILLIONS —
titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES
- exploding comets crackling into Criss- crossing effects, WILLOWS - golden, silver or
assorted colors of very fine lines with an umbrella like effect cascading slowly,
RINGSHELLS — assorted ring patterns of different colors of one, two, three or five
different colors, GOLDEN, SILVER, GLITTERING PT CRACKLING PALM TREES — a
palm tree image of different forms with trunk -like rising effect, GOLD OR SILVER RAIN
slow cascading gold or silver effect, ASSORTED TWO, THREE S FOUR COLOR
CHANGING CHRYSANTHEMUMS & PEONIES` — two, three or four distinct color
changes that resemble a round and weeping flower pattern, STROBES - a variety of
bright twinkling shells, ASSORTED COLOR BROCADES - a dense golden effect with
an umbrella -like canopy cascading and falling tow, ASSORTED COLOR', PARACHUTE
assorted cascading effect from parachute, SHELL OF SHELLS OR THOUSAND
FLOWER - multi -color star shell with additional smaller shells dispersed outside
resembling blooming flowers, MULTI -BREAK SALUTE SHELLS' — a variety of salute
effects that incorporate multiple powerful titanium reports into the display, ASSORTED
COLOR & CRACKLING EFFECTS_— assorted color peonies and chrysanthemums with
crackling effects, WILLOWS - very fine lines with an umbrella like effect 'cascading
slowly, FANCY PATTERNS —five pointed star shapes, hearts, smiling face,' etc...,
STAR FISH — group of large glittering tail comet stars.
u Lo c -T Jut -e t 0 P.
C:\ City of S Miami -14K -74-0 1,doc
Pap 7 of 8
420 - THREE INCH SHELLS, TITANIUM SALUTES — these shells explode into a burst
of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern,
WHISTLES — a break of color, followed by whistles, FANCY STAR SHELLS — Assorted
brilliant colors in various patterns, SPIDERWEBS — long hanging fine webs of gold or
silver, ASSORTED COLOR & CRACKLING EFFECTS — assorted color peonies and
chrysanthemums with crackling effects, WILLOWS - very fine lines with an umbrella like
effect cascading slowly, ASSORTED COLOR BROCADES — a dense golden, silver or
assorted color effect ending at the tips with an umbrella-like canopy cascading and
falling low, WILLOWS - very fine lines with an umbrella like effect cascading slowly.
72 - FOUR INCH SHELLS, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS
— bursts resembling a round and weeping flower pattern, WHISTLES — a break of color,
followed by whistles, FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, SPIDERWESS, — long hanging fine webs of gold or silver, ASSORTED
COLOR & CRACKLING EFFECTS — assorted color peonies and chrysanthemums with
crackling effects, WILLOWS - very fine lines with an umbrella like effect cascading
slowly, ASSORTED COLOR BROCADES- a dense golden, silver or assorted color
effect ending at the tips with an umbrella-like canopy cascading and failing low.
24 - FIVE INCH SHELLS - FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &
PEONIES — two or three distinct color changes that resemble a round and weeping
flower pattern.
18 - SIX INCH SHELLS`- FANCY STAR SHELLS — Assorted brilliant colors in various
patterns, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &
PEONIES — two or three distinct color changes that resemble a round and weeping
flower pattern.
OVER 1000 SHOTS — Assorted Finale Barrage, Titanium Reports, Whistles, Assorted
Color, Tourbillions.
'7—F7
7 77, 'B°; .;^',n_:
OPENING
BODY
FINALE
TOTAL
SHELLS
3" SHELLS
30
180
420
630
4" SHELLS
18
162
72
252
5" SHELLS
8
88
24
120
6" SHELLS
3
69
18
90
7 77, 'B°; .;^',n_:
5e _i_aa�at r�_r r�.�a� rig {r_, au� ���+ �`�s ; �pn- ��• -� �:�•�; image 9/9
Alk-VILLAGE OF KEY BIS A'YNE
Office of the Village age Clerk ;
VillW CsnArr!
Joe 1. Rasco. mdyar
Gr%ory C. Han, Vice Mayer
Scott`gau
Marrha Fdez< e6i% Btuucek
Alan H. Fein
Mortimer Fried
ltaixrr 4ldakwmki
village Clear
Conchita H. A1vam, CMC
CERTIFICATION
STATE OF FZ,CIRMA
COUNTY OF MIAMI - DARE
1, Conch to H. Alvarez, duly appointed Village Clerk of the Village of Ivey Biscayne, Florida, do
hereby certify that the attached is a true and correct copy of,
Resolution 99.15 adopted by the Village Council on March 9,. 799.
IN WTi'NESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne,
Florida, this 7th day of June, 1999.
Alvarez, CIVIC
erk
f Key Biscayne, Floriida.
Sent By: 'PILLAGE OF KEY BISCAYNE; 305 3558936; Feb -14 -01 15:47; Page 8/9
SOLUTION NO, 99 15
A RESOLUTION OF THE VILL AGE OF KEY
BISCAYNE, FLORIDA; AVTHQHIzm THE
VILLAGE MANAGER TO EXECUTE AN
AGREE MENT ON BEHALF OF THE VILLAGE
WITH F'IWPOWER DISPLAYS UNLIMITED,
INCORPORATED, PRINCETON, FLORIDA;
PROVIDING FOR AN E)K FE CTIVE DATE,
WHERE -AS, the Village Council supports a Fourth of July fireworks display for residents
and visitors on Key Biscayne;
MOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THEY
BISCAYNE, FLORIDA, AS'FOLLOWSt
Section 1. 'Ihe Village Mger is hereby authorized to enter into a three (3) year
agreement can behalf of'the Village with Firepower Displays Unlimited, Incorporated, Princeton,
Florida, at a cast not to exceed $50,000 for each of the three (3) gears (1 }99 -2UOI) o provide a
Fourth of July fireworks display,
ention 2.
ATTE {
H1TA: H. AL'VAREZ, CMC, VILLACT&CLERK
This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this-21h— clay of M 1999.
APPROVED AS TO FORM AND LEGAL, SUFFICIEN
� jj/'-
J. WE1 ILL 'GE ATTORY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, trade and entered into this day of o , I by and
between the Village of Key Biscayne (the "VILLAGE ") anT Aimpower D—isp77ays Unhiffited I Inc. ,
(the "SERVICE CONTRACTOR').
RECITALSc
The VILLAGE wants to engage the CONTRACTOR to perform certain services as
described in accordance with paragraph 1, scope of services to this Agreement" ( "Specified
Services'). The CONTRACTOR wants to provide such Specified Services in connection with the
4th of July fireworks display.
In consideration of the mutual covenants set forth' in this Agreement, the parties agree as
follows;
1. SCOPE OF SERVICES_
The CONTRACTOR agrees, as directed by the Village Manager, to perform the following
services as described in Exhibit "A ". This Agreement includes the provisions stated in
Exhibit "A ". In the event of any conflicts, this Agreement controls over Exhibit "A"
2. FEES FOR SER.VICF.,S,
The CONTRACTOR agrees to charge the VILLAGE for Specified Services: provided in
accordance with Exhibit "A" in an amount not to exceed $50,000 foe each annual show
conducted.'
I. TERM
The term of this Agreement commences on u , 1999, and ends on July 6, 2001,
unless sooner terminated pursuant to paragcaphT0,
4. ASSIGNMENT
This Agreement shall not he assignable by the CONTRACTOR.
5. PROHIBITION AGAINST CONTIN'GEN'T` FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona Erie employee working solely for the CONTRACTOR, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person (s), company,
corporation, individual or firm, other than a bona fide employee working solely for the
CONTRACTOR any Fft< nommiss+o�n, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
-
.,
7.
8.
Feb-14-C, ; page 4
ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties.
WARRANTIES OF SERVICE CONTRACTOR
The CONTRACTOR hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all requited licenses, certifications and permits
inquired under Federal, State and local laws necessary to perform the Specified Services.
The CONTRACTOR shall furnish proof that it has 'Worker's Compensation:: Insurance as
required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S.
Longshoremen's and Harbor Worker's Act and the James Act.
The CONTRACTOR shall also furnish proof that it has Contractual Liability Insurance and
Comprehensive General Liability Insurance, Automobile Liability Insurance covering all
owned, non -owned and hired vehicles used in connection with this work, each in an amount
no less than $2,000,000 single limit per Occurrence for Bodily Injury and Property Damage
Combined. Village shall be named as additional insured.
NOTICES
All notices and communications to the VILLAGE shall be in writing and shall be deemed
to have been properly given if transmitted by registered or certified mail or liand delivery.
All notices and communicafions shall be effective upon receipt. Notices shall: be addressed
as follows:
Village: ' C. Samuel. Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
With a copy to: Richard T. Weiss, Esq.
VillagerAttorney
Weiss, Serota;& Heltman, Y.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Contractor; Firepower Displays Unlimited, Inc.
14240 S.W. 256 Street
Princeton, FL 33032
Sent By: VILLAGE OF KEY BISCAYNE; 305 3658936; Feb -14 -01 12:12; Page 5
10. TERMTNATICII
Although this Agrement provides for three (3) successive yearly July 4th show: the Village
may elect, at its sole discretion, to cancel the second and/or final yearly slow Ivy providing
90 days advance written notice to Contractor. This provision is supported by other covenants
of this Agreement, and accordingly is not mutual.
11. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, the VILLAGE shall be
entitled to recover reasonable attorneys fees and casts,
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions' above stated on the day and year first above written.
SERVICE CONTRACTOR: VILLAGE:
Firepower Displays Unlimited, Inc. Village of Key Biscayne
14240 S.W. 256 Street 85 West Mel:ntyre Street
Princeton, FL 33032 Key Biscayne, Florida 33149
-. .. ,e ¢ �. <" „brk; 1�:. >... �.r � fir' u',�ry'�.'�F�T`y �"N`2?""?'�'.. , ,k�1+. r f�.,� ✓`"�,A� = >. i
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: March 6, 2001
i
FROM: Charles D. Scum RE: Agenda Item # It
City Manager Co- naming of 57th Ave. from US 1 to SW 74th Street
as "Officer L. Daniel Schulz Avenue"
The attached resolution is sponsored by Mayor Julio Robaina and Commissioner Randy Wiscombe, seeks
approval for co- naming of SW 57th Avenue from US 1 to SW 74th Street after South Miami Police Officer L.
Daniel Schulz.
BACKGROUND
Officer Dan Schulz was brutally attacked in October 1987 by a gang of youths on Red Road in front of the
former site of the AMC Theater now Shops of Sunset. Dan was working extra -duty when someone alerted
him to a problem outside the theater. When he responded to help, the juvenile gang turned on him, and a
scuffle ensued. As he fought with the teenagers, some of them were armed with knives, in fact two boys and
one girl; brothers and sister stabbed him below and above the bulletproof vest. The offenders were juveniles
in ages raging from 12 to 15. Due to his extensive injuries he was rushed to Jackson's trauma center where
he recovered and a few weeks later he was sent home to continue his treatment to full recovery. But 41 days
after the stabbing incident, on November 27, 1987, he passed away at home from a heart attack from the
recent trauma.
ANALYSIS
The proposed scheme would have the name of the police officer placed above the street or avenue number
within the street sign. Miami -Dade County on the designated intersection within the boundaries of the
thoroughfare will install this new sign. The attached resolution specifies the avenue and boundaries to be
named "Officer L. Daniel Schulz Avenue
The proposal to co -name this avenue is a joint effort of the Miami -Dade Police Benevolent Association,
Miami -Dade County and the City of South Miami. Miami -Dade County approved the designation on May
23, 2000 (Attached).
The expense for the new street signs will be less than $1,000.00. They will be fabricated by the County
Public Works Department.
Funding for this disbursement will come from Account No. 112-1730-541-4640 "Local Option Maintenance
and Repairs of Streets and Parkway. This account currently has a balance of approximately $12,000.00
remaining for the fiscal year.
RECOMMENDATION
The City of South Miami Commission and Administration strongly believe that this police officer should be
honored and remembered. The City of South Miami will be the first municipality in Miami -Dade County to
implement this honor.
Approval is recommended.
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND
FORMALLY REQUESTING MIAMI -DADE COUNTY TO CO-
DESIGNATE SW 57" AVENUE AS "OFFICER L. DANIEL
SCHULZ AVENUE" IN HONOR OF OFFICER SCHULZ WHO
GAVE HIS LIFE IN SERVICE TO THE CITIZENS OF SOUTH
MIAMI.
WHEREAS, this Commission wishes to recognize Officer L. Daniel Schulz, who gave his
life in the service to the people of South Miami, and;
WHEREAS, the co- designation of SW 57th Avenue from S. Dixie Highway to SW 74th
Street is felt to be the best location for such an honor.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the
CITY OF SOUTH MIAMI, FLORIDA:
Sectionl. The City of South Miami formally approves and requests the approval of
Miami -Dade County to co-designate SW 57th Avenue in honor of Officer L. Daniel Schulz.
Section 2. The City Manager is hereby authorized to disburse funds to Miami -Dade
County for the installation of the street signs.
Section 3. This resolution shall become effective immediately after adoption hereof.
PASSED AND ADOPTED this 6t" day of March, 2001.
APPROVED:
ATTEST:
MAYOR CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
PO""
BENEVOLENT ASSOCIATION
THE VOICE OF LAW ENFORCEMENT
DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
February 23, 2001
Honorable Julio Robaina
Mayor
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Mayor Robaina:
For many years it has been a dream of the Dade County Police Benevolent Association and its `
members to have streets in Miami -Dade County renamed in honor of law enforcement officers
who were killed in the line of duty. After much research and several meetings; the Miami -Dade
County Commission approved such a project and adopted an ordinance that outlines a procedure
to begin the renaming process. The renaming project is now under way in the County; in fact, the
street that houses our building along with the Miami-Dade Police Department, Northwest 25th
Street, was renamed "PBA Memorial Boulevard" We were very honored by this action, and let
it serve as a constant reminder of our fallen brothers and sisters.
We now are appealing to you in hopes that South Miami will be the first municipality to join in
and endorse this project. We also are contacting other municipal mayors in an effort to gain their
cities' endorsement of the project. We are enclosing a list of the proposed streets to be renamed
in honor of the officers and a copy of the Miami -Dade County Ordinance for your review. We
look forward to working with you on this historical and compassionate plan.
If you have any questions regarding this, please do not hesitate to contact me at the PBA office,
(305) 593 -0044.
Si el ,
ohn Rivera
President
JR:pp
enclosures
John Rivera, President • 10680 Northwest 25 Street • Miami, Florida 33172 -2108 • (305) 593 -0044 • Fax: (305) 593 -1901
01/15/01 12:--SP P.001
L
MEMORANDUM
Agenda Item No. 4(R)
TO: Hon.. Chairperson and Members DATE: May 23, 2000
Board of County Commissioners
FROM: Robert A. Ginsburg
County Attorney
SUBJECT- Codesignation of specific
public nights -of -way in Donor
of fallen police officers
The accompanying resolution was prepared and placed on the agenda at the request
of Commissioner Miguel Diaz de la Portilia.
RAG[
k A. Ginsburg
County Attorney
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01/16/01 12:2SP P.002
.. MEMORANDUM
TO:
Hon. Chairperson and Members
Board of County Commissioners DATE: May 2 3, 2000
fSUBJECT: Agenda Item No. 4(R)
FROM: Robert A Ginsburg
County A.ttomGey
Please note any items checked.
"4-Day Rule" (Applicable if raised)
b weeks required between first reading and public hearing
Decreases revenues or increases eqperrditures without balancing
budget
Budget required
Statement of fiscal impact required
Statement of private business sector irnpact required
Bid waiver requiring County Nf nng&s written
recommendation
Ordinance creating a new board mires a detailed County
Managees report for public hearing
"Sunset" provision required
Legislative f ndings necessary
2
01116101 12:SSP P.00--
Approved _ __Mayor Agenda Item No. 4
5 -23 -a0
Veto
Override
RESOLUTION NO.
RESOLUTION CODESIGNATING SPECIFIC PUBLIC
RIGHTS -OF -WAY TO BE NAMED IN HONOR OF POLICE
OFFICERS WHO HAVE GIVEN THEIR LIVES IN SERVICE
TO THE PEOPLE OF MIAMI -DADS COUNTY AND URGING
THE FLORIDA DEPARTMENT OF 'TRANSPORTATION AND
THE INVOLVED MUNICIPALITIES TO DO SAME
WHEREAS, this Board wishes to recognize those police officers, as set forth in Exhibit
who have given their lives in the service to the people of Miami -Dade County-, and
WHEREAS, on May 20, 1997, this Board enacted Ordinance No. 97 -51 codified in
Section 2 -1, Rule 9.02 (e) of the Code of Mianri -Dade County, which provides for an expedited
process to name public rights -of -way in honor of such police officers, firefighters or corrections
officer; and
WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida, by
Resolution No. R- 712 -99 adopted June 22, 1999 directed the County Manager to recommended
that specific public rights -of -way be named in honor of police officers and firefighters who have
given their lives in service to the people of Miami -Dade County; and
WHEREAS, 118 law enforcement officers gave the ultimate sacrifice in the line of duty
serving this community; and
WHEREAS, this Board would like to honor the memory of the brave men and women of
Miami -Dade County law enforcement as set forth in Exhibit "A ", with this codesignation,
�'5
I�
:.. .
I
01/16/01 12:3SP P.004
Agenda Item No. 4(R)
Page No. 2
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA, that this Board waives the
provisions of Resolution No. R- 345 -95 and approves the codesignations as set for in Exhibit "A ".
The foregoing resolution was sponsored by Commissioner Miguel Diaz do La Portilla and
was offered by Commissioner
motion was seconded by Commissioner
vote, the vote was as follows_
Dr. Miriam Alonso
Dr_ Barbara M_ Carey-Shuler
Betty. T. Ferguson
Natacha Seijas Milldn
Dennis C. Moss
Dorrin D. Rolle
Javier D. Souto
, who moved its adoption_ The
, and upon being put to a
Bruno A. Barreiro
Miguel Diaz de la Portilla
Gwen Margolis
Jimmy L. Morales
Pedro Reboredo
Katy Sorenson
The Chairperson thereupon declared the resolution duly passed and adopted this 23rd day
of May, 2000. This resolution shall become effective ten (10) days after the date of its adoption
unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this
Board.
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
HARVEY RUVTN, CLERK
Approved by County Attorney as By:
to form and legal sufficiency._ Deputy Cleric
"Exhibit "A„
NW 53 St. from NW 79 Ave_ to NW 87 Ave. v t''
As AGENT CURL STREET 10�L�rl Our
NE 35 Ave. from Sunny Isles Blvd. to NE 171 St.
As OFFICER RALPH G. LANGWORTHY AVENUE
SW 58 Ave. from SW 40 St. to SW 35 St.
As OFFICER DILLON D. BROOKE AVENUE
Homestead Ave. from Banyan St. to SW 184 St,
As OFFICER ROBERTO CA,LDERON AVENUE
NW 58 St. from NW 79 Ave. to NW 87 Ave.
As OFFICER JOSE T. GONZALEZ STREET
.
SW 94 Ave. from SW 32 St. to SW 40 St.
As OFFICER FRANK SEARCY AVENUE
NW 199 St. from NW 12 Ave. to NW 27 Ave.
As OFFICER RUEBEN I. JONES STREET 4
MacArthur Causeway Bridge
As TROOPER ROBERT G. SMITH BRIDGE , J ?� �
NW 42 Ave. from North Bank of Canal Biscayne to NW 167 St,
As OFFICER RICHARD WENTLANDT AVENUE,*
NW 24 Ave. from NW 54 St. to NW 62 St,
As OFFICER ROBERT VARGAS AVENUE Av
NW 3 Ave. from NW 7 St. to Fla- j er St.
As OFFICER CARLOS SANTIAGO AVENUE
NW 22 Ave. from NW 7 St. to NW 20 St,
As OFFICER LEONARD TRUDEAU AVENUE or
SW 112 Ave. from SW 132 St. to SW 40 St.
As AGENT MEREDITH THOMPSON AVENUE �
1,E3
01"16/01 12:c:SP P.006
NE 121 St. from Biscayne Blvd. to NE 14 Ave.
As SGT. LYNETTE HODGE STREET
SW 30 Ct_ from SW 40 St. to S. Dixie Hwy,
As DETECTIVE EVELYN GORT COURT
W. 44 Pl. from W. 12 Ave. to W. 20 Ave.
As SGT. PEDRO A. CAINAS PLACE
SW 22 Ave. from SW 16 St. to S. Dixie Hwy.
As OFFICER OSVALDO CANALEJO AVENUE
NW 7 Ave_ from NW 127 St. to NVi% 143 St.
As SGT. STEVEN E. BAUER AVENUE
SW 107 Ave. from SW 32 St. to SW 40 St.
As OFFICER DONALD D. THORNBURY AVENUE
NW 27 Ave. from NW 36 St. to NW 41 St.
As OFFICER CHARLES B. STAFFORD AVENUE
NE 5 St. from Biscayne Blvd, to N. Miami Ave.
As LT. THOMAS J. LEIS STREET .E
NE 13 Ave. from NE 151 St. to NE 163 St.
As OFFICER JOSEPH P. MARTIN AVENUE
SW 102 Ave. from SW 32 St. to SW 40 St.
As AGENT GEORGE R. SAENZ, JR. AVENUE
NE 202 St. from NE 26 Ave. to Biscayne Blvd,
As OFFICER, RICHARD A. BOLES STREET
NE 202 St. from NE 26 Ave. to Biscayne Blvd.
As OFFICER DAVID H. STRZALKOWSKI STREET '
NE 83 St. from NE 6 Ave. to the Bay
As OFFICER SCOTT R RAKOW STREET
SW 67 Ave. from S. Dixie Hwy. to SW 88 St,
As OFFICER WILLIAM D. CRAIG AVENUE
SW 9 Ter. from SW 3' Ave. to SW 36 C t.
As OFFICER VICTOR ESTEFAN TERRACE
G
L'Jl! lb /l91 1G: "c;SF' P. 007
SW 57 Ave. from S. Dixie Hwy, to SW 74 St
As OFFICER LAVERiNE D. SCHULZ AVENUE
W. 49 St. from W. 4 Ave. to W. 8 Ave.
As OFFICER EMILIO F. MIYARES STREET
NE 39 St. from Miami Ave, to Federal Hwy.
As OFFICER DAVID W. HERRING STREET
SW 8 St. from SW 107 Ave. to SW 117 Ave.
As OFFICER .ZANIES M. BEASLEY, JR_ STREET
NW 1.35 St. from NW 27 Ave. to Aladdin St,
As OFFICER EPHRIAM BROWN STREET
SW 82 Ave. from SW 120 St. to SW 128 St.
As AGENT JERRY L. DOVE AVENUE
SW 82 Ave. from SW 120 St. to SW 1288 a
As AGENT BENJAMIN P ROYA AVENUE 9
Collins Ave. from 105 St, to.Haulover Bridge
As OFFICER JOHN R. MELENDEZ AVENUE
Eleventh St. from Alton Rd, to Washington Ave.
As OFFICER ROBERT E. FI`I'ZPATRICK STREET
SW I l St. from SW 7 Ave. to SW 12 Ave,
As OFFICER JOSE DeLEON STREET
Sixth St. from Washington .Ave. to Alton Rd,
As SGT. DONALD B. KRAMER STREET
SW 72 Ave. from SW 72 St. io SW 85 St,
As OFFICER ROBERT ZORE AVENUE
Ives Dairy Rd. from NE 14 Ave. to Highland Lakes Blvd.
As OFFICER STEPHEN O. COR13ETT ROAD
NW 37 Ave. from NW 7 St. to NW 14 St.
As AGENT EDDIE BENITEZ AVENUE
SW 49 Ave, from W, Flagler St. to SW 8 St.
As AGENT ARIEL RIOS AVENUE
01116/01 12:SsP P.00e
Miami Gardens Dr. from NW 17 Ave. to NW 22 Ave.
As OFFICER BJORN T. SVENSON DRIVE
SW 149 Ave. from SW 80 St. to SW 88 St.
As OFFICER CHERYL. W. SEIDEN AVENUE
SW 95 St. from S. Dixie Hwy. to Old Dixie Hwy.
As OFFICER EDWARD R. YOUNG STREET
NW 11 St. from NW 3 Ave.to NW 7 Ave.
As OFFICER NATHANIEL K. BROOM STREET
NE 135 St. from Biscayne Blvd. to NE IS Ave.
As OFFICER CARL MERTES STREET
Dadelsrd Blvd. from SW 88 St. to South Dixie Hwy.
As SGT. ALFRED W. TERRINONI 13OULEVARD
SW 17 Ave. from SW 22 St. to S. Dixie Hwy.
As LT. EDWARD F. McDERMOTT AVENUE
NW 75 St. from NW 12 Ave. to NW 17 Ave.
As OFFICER WILLIAM C. COOK STREET
SW 88 St. from SW 87 Ave. to SW 89 Ave.
As OFFICER WILLIAM F. ASKEW STREET
SW 117 Ave_ from SW 152 St. to SW 168 St.
As TROOPER ALVIN V. KOHLER AVENUE
NW 57 Ave. from NW 7 St. to Perimeter Rd.
As TROOPER ELMER C. BARNETT, III AVENUE
Almeria Ave. from LeJeune Rd. to Anderson Rd.
As OFFICER LOUIS PENA AVENUE
NW 17 Ave. from NW 7 St. to NW S. River Dr.
As OFFICER BRADLEY S. GLASCOCK AVENUE
86 St. from Collins Ave,to Byron Ave.
As OFFICER FRANCIS K. D'AZEVEDO STREET
85 St. front Collins Ave. to Byron Ave.
As OFFICER CLARK H. CURLETTE STREET
9
Ul /lb/Ul 1L: -SP P.0003
84 St. from Collins Ave. to Byron Ave.
As OFFICER T140MAS A. HODGES, JR. STREET
NW/NE 12 St. from NW l Ave. to Biscayne Blvd,
on AGENT CHARLES H. MANN STREET
NW/NE 12 St. from NW 1 Ave. to Biscayne Blvd:
as AGENT NICKOLAS FRAGOS STREET
NW 37 Ave. from NW 154 St. to NW 167 St.
As OFFICER SIMMONS ARRINGTON A'V'ENUE
NW 23 Ave. from NW 87 St. to NW 95 St.
As SGT. HARRISON CRENSHAW, JR. AVENUE
SW 238 St. from S: Dixie Hwy. to SW 132 Ave.
As OFFICER ROBERT F. DEKORTE STREET
NW 165 St. from N♦ Miami Ave. to NW 165 St. Rd.
As OFFICER JOHNNY E. MITCHELL STREET
NW 46 St. from NW 12 Ave. to NW 17 Ave.
As OFFICER VICTOR }SUTLER, JR. STREET
NW/NE 8 St. from NW I Ave, to NE 2 Ave.
As OFFICER ROLLAND J. LANE II STREET
N. Miami Ave. from NW 14 St. to NW 20 St.
As OFFICER RONALD F. M&EOD AVENUE
Camarin St. from Sunset Rd. to South Alhambra Cir.
As OFFICER WALTER F. STATHERS STREET
SW 144 St. from SW 87 Ave. to SW 92 Ave.
As OFFICER PAUL G. ANDERSON STREET
W. 23 St. from W. 8 Ave. to W. 12 Ave.
As OFFICER HUGO M. BECKER STREET
NE 35 St. from NE 2 Ave. to the Bay
As OFFICER OWEN K. BENDER STREET
Perimeter Rd. from NW 47 Ave. to NW 57 Ave.
As OFFICER CARLOS S. STUTEVILLE ROAD
01/16/01 12:--SP P.010
NW 67 St. from NW 12 Ave. to NW 15 Ave.
As OFFICER JERREL E. FERGUSON S'T'REET
SW 88 St. from SW 89 Ave. to S`aV 93 Ct.
As OFFICER EARL L. JOHNSON S'T'REET
SW 87 Ave. from SW 104 St. to SW 120 St.
As OFFICER JEROME R. CHRISTMAN AVENUE
SW 61 Avc. from W. Flagler St. to SW 8 St.
As OFFICER LEONARD C. TRIBBLE AVENUE
SW 16 Ave. from SW 2 St. to SW 8 St.
As OFFICER JOHN T. BURLINSON AVENUE
S. Waterway Dr, froze. SW 72 Ave. to SW 76 Ave.
As OFFICER BILLY H. STEPHENS DRIVE
95 St. from Collins Ave. to Tray Dr.
As LT. ROBERT J_ STAAB STREET
NW 119 St. from NW 27 Ave. to NW 32 Ave.
As OFFICER EDWARD E. FRITZ, J42. STREET
SE/NE 2 Rd. from SE 2 Dr. to NE 6 Ave.
As CHIEF WILLIAM F. BRANTLEY ROAD
NW 13 St. from N. Miami Ave. to NW 3 Ave.
As OFFICER JAMES H. BRIGMAN STREET
NW 14 St. from N. Miami Ave. to NW 7 Ave.
As OFFICER LEROY J. La FLEUR STREET
SW 84 Ave. from SW 32 St. to SW 40 St.
As OFFICER LUTHER T. HARDISON AVENUE
NE 2 Ave. from Flagler St. to NE 7 St.
As OFFICER FRAMPTON P. WICUMAN, Jr. AVENUE
NW 4 Ave. from NW 3 St. to NW 7 St.
As OFFICER JOHNNIE YOUNG AVENUE
NW 17 St. from NW 2 Ave. to N. Miami Ave,
As OFFICER JOHN MILLEDGE STREET
ulelb"01 IZ:SSF P.011
SW 112 Ave. from SW 216 St. to S. Dixie Hwy.
As OFFICER LUTHER P. DANIEL AVENUE
SW 3 Ave. from SW 20 Rd. to SW 27 Rd.
As OFFICER WESLEY F. THOMPSON AVENUE
NW 5 Ave, from NW 36 St, to NW 46 St_
As OFFICER PATRICK H. BALDWIN AVENUE
Oak Ave- from Douglas Rd. to S. Dixie Hwy.
As SGT. HOMER C. BARTON AVENUE
Fifteenth St. from Washington Ave. to Alton Rd.
As SGT. ROBERT BOYLE STREET
NW I Ave. from NW 14 St. to NW 20 St.
As OFFICER SAMUEL D. HICKS AVENUE,
NE 13 St. from N. Miami Ave. to NE 4 Ave,
As OFFICER WILLIAM L. NICHOLS STREET
NW 3 Ave. from NW 14 St- to NW 20 St.
As OFFICER JOHN E. DICKSON AVENUE
NW/SW 16 Ave. from SW 2 St. to NW 2 St.
As OFFICER JOHN 1. BRUBAKER AVENUE
SE I Ave. from Flagler St. to SE 3 St,
As DETECTIVE ROBERT L. JESTER AVENUE
NW 11 St. from NW 7 Ave. to NW 12 Ave.
As OFFICER SIDNEY C. CREWS STREET
Alhambra Cir- from Ponce de Leon Blvd. to Douglas Rd.
As SGT. FRANCIS C. GUEST CIRCLE
SW 13 St- from SW 24 Ave. to SW 32 Ave.
As OFFICER AUGUSTUS S. McCANN STREET
23 St. from Dade Blvd. to Collins Ave.
As OFFICER DAVID C. BEARDEN STREET
NW 7 Ave. from NW 54 St. to NW 58 St.
As DETECTIVE JAMES F. BECKHAM AVENUE
01/16101 12:2SP P.012
NW 22 Ave. from NW 20 St. to NW 28 St,
As OFFICER ALBERT R. JOHNSON AVENUE
NW I 1 St. from N. Miami Ave. to NW 3 Ave.
As OFFICER JESSE L. MORRIS STREET
NW 4 St. from N. River Dr. to NW 2 Ave.
As OFFICER SAMUEL J. CALLAWAY STREET
SE 3 Ave. from Flagler St. to SE 4 St.
As OFFICER JOHN D. MARCHBANKS AVENUE
NUJ 2 St. from N. River Dr. to NW 2 Ave.
As SGT. LAURIE L. WEVER STREET
Mowry Dr. from SW 6 Ave. to Krome Ave,
As POLICE CHIEF CHARLES D. BRYANT DRIVE
-NE 39 St. from Biscayne Blvd. to E. Magnolia Park
As OFFICER RICHARD R MARLER STREET
NE 22 St. from NE 2 Ave. to the Bay
As OFFICER FRANK A. CROFF STREET
SW 69 Ave. from S. Watenvay Dr. to SW 40 St_
As DEPUTY CHARLES R. WILLIAMS AVENUE
SW 64 Ave'. from SW 37 St. to SW 40 St.
As DEPUTY WILLIAM Z. HENDERSON AVENUE
SW 67 Ave'. from SW 32 Ter. to SW 40 St,
As DEPUTY ALLEN B. HENDERSON AVENUE
NW 13 Ct. from NW 12 St. to NW 14 St,
As OFFICER JOHN R. RIBLET COURT
NW 13 Ave. from NW 12 St. to NW 14 St,
As DEPUTY WILBUR W. HENDRICKSON AVENUE
SW 82 Ave_ from SW 24 St. to SW 32 St.
As DEPUTY GUSTAV A_ KAISER AVENUE
SW 82 Ave. from SW 32 St. to SW 40 St.
As DEPUTY MURRETTUS "RHETT" McGREGOR AVENUE
/2.
,. -.my.— n., v"�.. ..moo.-- �._.., m- .T —•—�: :.Y �. �eR. - �,+ G°'T ". "Ea.�r -- �^fFs _ _
VV, LI /0V lilU 1J.-LO I'A.1
Stephen P. Clark
Government Center
MASTER REPORT I I1 N.W. 1st Street
Miami, FL 33128
File Number: 971193
File Number;. 971193 File Type: Ordinance Status: Amended
Version: 0 Ordinance: Control: County Commission
File Name _ Introduced: 4!9/97
Requester:
Ag. Date: 5120!97 Ag. Item: 4A
Notes: see file no 971897 for Title: ORDINANCE RELATING TO THE PROCEDURE FOR NAMING,
final version as adopted RENAMING OR DESIGNATION OF A PUBLIC RIGHT OF WAY OR
at public hearieg on PORTION THEREOF IN HONOR OF A DADE COUNTY POLICE
5120/97-AMENDED OFFICER OR p]REFIGHTBR GIVING HIS OR HER LIFE IN THE LINE
VERSION AS OF DUTY, AMENDING RULE 9.02 OF SECTION 2 -1 OF THE CODE OF
APPROVED 4l8l97 METROPOLITAN BADE COUNTY; PROVIDING SEVERABILITY,
SEE 971119 INCLUSION iN THE CODE, AND AN EFFECTIVE DATE
indexes: roLrC>? Sponsor$: 17r. Miriam Alonso
RENAMING OF ROARS, BUILDINGS & Bruce C. Kaplan
FACILITIES
Sunset Provision: No Effective Date;
�icalr� Lion Qate:
History of I��gislative File 971193 Due Dabs RiAuMed PRSWF311
Ver -Acdnn E109M Dabs Action Sent To
Inbrastructure 511/97 Forwarded
Environment &
Development Cammittee
Nob9: Commissioner Milian requested that cot'rectiottal offieer9 be incladcd in the %tegoing proposed
ordinance.
The Conattittec moved the foregoing item fntwvW with an amendment m include MWfiDE181
officcra in the language of the proposed ardinonte.
P
Board of Counnty 5120197 Amended'
Comtoissioners
Note: (Sce Report under Agenda Item 4A Amended)
Body: LOBE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE
COUNTY, FLORIDA-
[]Section 1. ❑Section 2 -1 of the Code of Metropolitan Dade County, Florida, is hereby
amended to read as follows:!
Sex. 2 -I. RULES OF PROCEDURE 01P COUNTY COMMiSS1014.
nos
LL.jUUl
I
R►ga7 of Pr4tted go or 647199
2:17 PIN
UO %ll!JJ 1nU 10:10 rAA
Lgjuuz
Master Report continued..
Rule 9.02. ❑NAMING, RENAMING OR CODESIGNATION OF DADE COUNTY ROADS,
FACILITIES OR PROPERTY.
❑ ❑*
»(e) LI Special pr'o'visions for police officers or firefighters who give their lives in the line of
duty.
The County Manager shall present the Board of County Commissioners with a resolution
proposing the naming of an appropriate public right of way or portion thereof in honor of any
Dade County police officer or firefighter who gives his or her life in the line of duty. Such
resolution shall be considered at public hearing and may be adopted by the Board upon a
favorable vote of a majority of the commissioners present_
1'l Sections I f -11f any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity_
O Section I Olt is the intention of tho Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any Sunset provision, shall become
and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
ordinance" maybe changed to "section," "article," or other appropriate word.
0Section 4_flThis ordinance does not contain asunset provision.
DSeciion 5. ❑This ordinance shall become effective ten (10) days after the date of
enactment anloss vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this .Board.
Words stricken through and/or [[double bm&etedlj shall be deleted. Words underscored
and/or ? >double arrowed «`constitute the amendment proposed_ Remaining provisions are
now in effect and remain unchanged.
Page 2 of 2 Priwzd at i:l ZPM on 6117/99
J:1 !rill 10;10 tAA
i.`
MASTER REPORT
File Number: 971119
Stephen P. Clark
Government Center
111 N.W. I St Street
Miami, FL 33128
File Number. 971119 File Type-, Otdinance Status: Public Hearing
Version: 0 Ordinance: Control' . infrastructure Environment & Develop
File Narne: RENAMING ROADS- POLICE O FICIERS Introduced: 412/97
GIVING LIFE IN LINE OF DUTY
Requester: Cost: Final Action
Ag, Date, 418/97 Ag. Item: 9Q
Notes. SEE 971193 FOR
AMENDED VERSION
AS APPROVED 4 -8 -97
Title: ORDINANCE RELATING TO THE PROCEDURE FOR NAMING,
RENAMING OR DESIGNATION OF A PUBLIC RIGHT OF WAY OR
PORTION THEREOF IN HONOR OF A DADE COUNTY POLICE
OFFICER GIVING MS OR HER LIFE 1N THE LINE OF DUTY;
AMENDING RULE 9.02 OF SECTION 2 -1 OF THE CODE OF
METROPOLITAN DADE COUNTY; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes. POLICE Sponsors: Dr_ Mirhun Alonso
RENAMING OF ROADS. 818 LDINGS 8t Bruce C. Kaplan
FACILITIES
Sunset Provision: No EffeqtLyg Date.
County Attorney
gAgiration p t '.
lnfras ructute FAvironment &
Development Con imitwe
0 County Attomey 4/2/97 Assigned Robert A. Ginsburg 4/2197
0 Board of County 4/8/97 Adopted on first 5/20!97 P
Commissioners heading as amended
Note: County Attorney KobertGinsburg indicated that Comm isetoner KaPIM had asked to be fisted as a
co.- sponsor of the foregoing item.
The Board by motion duly made, seconded and carried, adopted the foregoing proposed ordinance
on first reading, as amended, to include a bade Cowry FirefigliGer as an additional potential
honoree.
0 Infrastructure 511/97 Withdrawn
Environment &
Development COMAuittQc
Body:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS Or DADE
COUNTY, FLORIDA.
Section 1. Section 2 -1 of the Code of Metropolitan Dade County, Florida, is:herft
amended to read as follows I
Sec. 2 -1. RULES OF PROCEDURE OF COUNTY COMMISSION.
� s
L9J UU -S
2
Poge 7 of 2 •IS PM on 6117M
vu/.Li / 00 InU iota r.At%-
Alaster Report continued...
LO UU4
Rule 9.02. NAMING, RENAMING OR CODESIGNATION OF DADE COUNTY
ROADS, FACILITIES OR PROPERTY.
>>(c) Special provisions for police officers who give their lives in the line of duty.
The County Manager "I present the Board of County Commissioners with a resolution
proposing the naming of an appropriate public right of way or portion thereof in honor of any
Dade County police officer who gives his or her life in the line of duty. Sucb resolution shall
be considered at public heming and may be adopted by the Board upon a favorable vote of a
majority of the commissioners present, <<
Section I If any section, subsoectiou, sentence, clause or provision of this ordinance is
hold invalid, the remainder ofthis ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby
ordabed that the provisions of this ordinance, including any Sunset provision, shall become
and be made a pari of the Code of Metropolitan J)ade County, Florida. The sections of this
ordinance maybe renwnbered or releftered to accomplish such intention, and the word
"ordinance" maybe changed to "setc-tion," "article," or other appropTiate word.
Section 4. Ibis ordinance does not contain -a sunset provision.
Section 5. This ordinance shall become eMctive ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored
and/or >>double arrowed<< copstituto the amendment proposed. Remaining provisiows are
now in effect and remain unchanged.
fte.7 Of 2 prbwd at 2.15 PM on 6/17/99
I n U io. LU r.,u. LL-jUUJ
3
Stephen P. Clark
Governrnent Center
MASTER REPORT i 11 N.W. lst Street
Miami, FI. 33128
File Number: 971897
File Number: 971997 File Type: Ordinance Status: Adopted
Ordinance: 97 -51 Control: County Commission
Version: 0
File Name: RENAMING ROADS 7 STREETS Introduced: 5/23/97
FIREFIGHTERS, POLICE & CORRECTIONS'
Requester: Cost: Final Action: 5/20/97
Ag. Date: 5/20/97 -Ag. Item. 4A
Notes: AMENDED VERSION Title: ORDINANCE RELATING TO THE PROCEDURE FOR NAMING,
AS ADOPTED(sm file RENA.M[ING OR DESIGNATION OF A PUBLIC RIGHT OF WAY OR
no- 971193) PORTION TIjEREOF IN DONOR OF A DADE COUNTY POLICE
Oj:pICER, FIREFIGHTER OR CORRECTIONS OFFICER GIVING HIS
OR HER LIFE IN THE LINE OF DUTY;, AMENDING RULE 9.02 OF
SECTION 2 -1 OF TM CODE OF METROPOLITAN DADE COUNTY;
PROVIDING SEVERA.BU.ITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
Indexes: POLICE Sponsors Dr. Mhi=Alonso
RENAMING OF ROADS, BUILDINGS &
FA.CIL] TiFS
Sunset Provision: No Effective Date:
r-rnFrat1nn 1)2tn:
History of Legislative File 9711197
Ver Acting Body Date Action Sent To Due Date Returned Pass /Fall
Page l of 3 Milled at 2:20 PM on 6117/"
VU/ J.,I /00 1nU 10:GL rAA �UUo
A
Mower Report confined..
0 Board of County 5/20/97 Adoptad as amended
Conunissioncts
North-, Commissioner Alonso asked that the foregoing ordinance be amended to incorporate correctional
off iccrs.
It was moved by Commissioner Alonso that the foregoing ordinance be adopted as amended. this
motion was seconded by Commissioner Burke.
Commission Burke noted although be would support this particular ordinance, he felt that the
Hoard should consider adopting a future ordinance providing for similar actions, for any County
employee who gave their lives in the line of duty
Commissioners Diaz de la Portilla and Millan spoke in support of Commissioner Burke's comments
Hollowing discussion, it was moved by Commissioner Diaz de la Porttlla that the Foregoing
proposed ordmanec also be amended to apply -to any County employee who gave his or her life in
the line of duty, with the approval ofthe family.
Commissioner Alonso noted Commissioner Diaz de la Pordllas proposed amendment was
unacceptable. She clarified that the intent of this proposed ordinance was to honor (hose
employees whose lives were constantly placed at risk in the lime of duty.
Commissioncr-Burke asked dw an appropriate ordinance be subsequently prod by the County
Attorney to apply to any County employee who gave his or hur life in the line of duty, with the
family's approval
In response to questiorts raised by Commissioner Ferguson regarding whether this ordinance would
be automatically applied to any officer or futftghter who died in the line of duty or to spocific
individual(s),;County Attorney Ginsburg advised that recommendations specifically detailing the
name ofthe,person(s)'to whom this ordinance: might apply; including whether it was supported by
the fmtrly, would he'preparcd by the County Manager and forwarded for Committee rcvicw prior to
consideration by the Board. Mr. Ginsburg also pointed out that a majority vote of the Commission
would be regairod to approve this proposed' ordinance.
In response to Commissioner Rebotedo's inquiry regarding the existing rule which provided that a
street could only be named in honor of the deceased acrd must be approved by a 50% plus one vote
of the residents rwidung on that stmet Mr_ Ginsburg advised that the ordinance bcfozz the Board
today would supersede the resolution iclati g to the 50% Me- Additionally, he noted this proposed
ordirlence would provide more flexibility for the administration because in addition to
recommending the name of individual(s), the County Manager would also recommend an
appropriate rightvf way_
CommissionerFctgusoa asked that an appropriate Administrative Order be pmparad by the County
Manager to accomplish The intent of the proposed ordinance and forwarded for the $oard's review.
Upon, concluding their discussion. the Board voted on the foregoing, motion as amcndcd, and upon
being put to a vote, passed unanimously by those members present
Elnay:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE
COUNTY, FLORIDA:
Section 1. Section 2 -1 of the Code of Metropolitan Dade County, Florida, is hereby
amended to read as hollows.I
Sec. 2 -1. RULES OF PROCEDURE OF COUNTY COMMISSION.
Rule 9.42. NAMING, RENAMING OR CODESIGNATION OF DADE COUNTY
ROADS. FACILITIES OR PROPERTY.
Page 2 of 3 anent a 2. -20 PM on 64 7/9
uu. 1 i % av ilia 1J . L1 rna WJ vu r
Maser Report corsdomed..
>>(e) Special provisions for police officers, firefighters or corrections officers who give
their lives in tine line of duty.
The County Manager shall present the .hoard of County Commissioners with a resolution
proposing the naming of an appropriate public right of way or portion thereof in honor of any
Dade County police officer, firefighter or cmTQCdons officer who gives his or her life in the
tine of duty- Such resolution shall be considered at public hearing and may be adopted by the
Board upon a favorable vote of a majority of the commissioners present. <<
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3- It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any Sunset provision, shall become
and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish Stich intention, and the word
"ordinance" may be changed to "section,' "article," or other appropriate word.
Section 4- This ordinance does not ooutain a sunset provision.
Section 5. This ordinances shall beeogme effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall ' become effective only upon an
override by this Board.
Words stricken through and/or [[double bracketed]) shall be deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. F=naining, provisions are
now in effect and remain unchanged.
PVe 3 of 3 PrJrir�d at 2:20 PM an 0 Z99
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor & Commission DATE: March 1, 2001
Agenda #
A
FROM: Charles D. Scurr SUBJECT: 9
City Manager Commission
Meeting
March 6, 2001
Tot Lot
Piazza, Inc.
REQUEST
The purpose of this memorandum is to recommend the approval of the attached resolution
to demolish, replace, and install a Tot Lot at Marshall Williamson Park that was destroyed
by a fire.
BACKGROUND &ANALYSIS
The renaissance continues as the City of South Miami Parks & Recreation Department
enhances our City's parks.
On December 31; 2000 one of the three Tot Lots at Marshall Williamson Park was
destroyed due to a fire. The structure was a total loss and had to be removed due to safety
hazards. Replacement of the structure will bring Marshall Williamson Park back to form,
and replacement will occur as soon as possible.
The League of Cities reviewed the claim sent to their office by the City. They have
approved the replacement of the Tot Lot. These funds will pay for the replacement of the
above mentioned.
A purchase order will be issued to Piazza, Inc. for the demolition, purchase and installation
of a new steel Tot Lot in the amount of $14,942.00. Funding will come from Account # 504-
1500- 514 -9925, "Self Insurance Fund — Insurance Settlement'.
RECOMMENDATION
Approval is recommended.
Tot Lot Marshall Williamson Park Fire Piazza Inc 2000
Piazza Inc.
P.O. Bot,1229
Geneva, FL 32732
8ltt?-268 -326$ / 407- 349-0800 / FAX
CLIENT / ADDRESS
— -City% South Haub
Recreation and Parks Dept,
6130 Sunset Drive
South Miami, FL 33143
)-5117
407 349 5117
- P.03/03
PROPOSAL
I _DATE P'ROPOSA.L # f
2/8/01 338
PROJECT
Marshall Williamson
— i
QTY ITEM
DESCRIPTION !
or deviation from above specifications tnroh ing extra costs will be
executed only upon written orders, and will become an ma charge
over and above the estimate. All agreements contingent upon strikes;
I accidents or delays beyond our control. Owner to carry fire, tornado
I and other necessary insurance. Our workLrs are fully coyered:by i
Warlmwn's Compensation Insurance.
i j 9. Client agrees to pay L 5% finances charge on outstanding balances
duc per terms on all invoicing. j
TERMS PO PAMNENT TO BE MADE AS FOLLOWS: i
Purchase Order or Mastercard/Visa Credit Card information with
return of signed contract. Balance due in full on day of substantial
receipt of materials and/or services. purchaser responsible for all
applicable taxes. Please provide copy of tax exempt certificate if
j applicable. (Check pay-ablc to PIAZZA INC,)
i
1
i
Propo .0 goad for 90 days.
For PIAZZA INC. by
I ACCEYf' NCE Of PROPOSAL.: The prim. spocTuntiom and oo
i satMactory and arc haeby accepted. You are authonze d to do the %i
j Payn xm will be made as outlined herein:
j Ir PROPO,' t. IS MORE THAN ONE PAGUE, PLEASE
DATE & SIGN EACH PAGE_ D'1TE OF tCCEPT_4'JCE - --
are
SIGNATURE
Page 2
S EACH EXTENDED 1
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.................
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THE CITY OF `SOUTH MIAMI DRAFT
'YyW •H' WOONII IJSIn."
1
2 City of South Miami
3 Regular City Commission Minutes
4 February 6, 2001
5
6 CALL TO ORDER:
8 The City Commission of the City of South Miami, Florida met
9 in regular session on Tuesday, February 6, 2001 beginning at
10 approximately 7:40 p.m., in the City Commission Chambers, 6130
11 Sunset Drive.
12
13 A. Roll Call:
14 The following members of the City Commission were present,
15 Mayor Julio Robaina, Vice Mayor Horace G. Feliu, Commissioners
16 Randy G. Wiscombe, Mary Scott Russell and David D. Bethel.
17
18 Also in attendance were, City Manager Charles D. Scurr,
19 Assistant City Manager Subrata Basu, City Attorney Earl G. Gallop
20 and City Clerk Ronetta Taylor.
21
22 B. Invocation:
23 Vice Mayor Feliu delivered the Invocation.
24
25 C. Pledge of Allegiance:
26 The Pledge of Allegiance was recited in unison.
27
28 D. Presentation(s) *scheduled from 7:00 p.m.
29
30 South Miami Middle School was the winner of a statewide
31 competition on Urban Design and Planning. The students will
32 represent the State of Florida in a National competition to be
33 held in Washington, D.C. on February 16, 2001.
34
35 Mayor Robaina along with members of the City Commission
36 congratulated the students, their teach and principal.
37
38
39 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
40
41 Commissioner Russell asked to be recused from voting on the
42 minutes because she'd arrived from out of town late last night
43 and had not had an opportunity to review them.
44
45 1. Approval of Minutes
REGULAR CITY COMMISSION 1
MINUTES - February 6, 2001
�.;,u, r> ,- •,xr; e. - ��- , rte^':: -t a = :;�°,
1 Regular City Commission Minutes - December 5, 2000
2
3 Moved by Mayor Robaina, seconded by Commissioner Wiscombe to
4 approve the minutes as presented.
5
6 There, being no discussion the motion passed by a 4 -0 vote.
7
8 Commissioner Wiscombe: Yea
9 Vice Mayor Feliu: Yea
10 Commissioner Russell: Recused
11 Commissioner Bethel: Yea
12 Mayor Robaina: Yea
13
14 Regular City Commission Minutes- December 19, 2000
15
16 Moved by Commissioner Bethel, seconded by Commissioner
17 Wiscombe to approve the minutes as presented.
18
19 There, being no discussion the motion passed by a 4 -0 vote.
20
21 Commissioner Wiscombe: Yea
22 Vice Mayor Feliu: Yea
23 Commissioner Russell: Recused
24 Commissioner Bethel: Yea
25 Mayor Robaina: Yea
26
27 Regular City Commission Minutes — January 9, 2001
28
29 Moved by Commissioner Bethel, seconded by Vice Mayor Feliu
30 approve the minutes as presented.
31
32 There, being no discussion the motion passed by a 4 -0 vote.
33
34 Commissioner Wiscombe: Yea
35 Vice Mayor Feliu: Yea
36 Commissioner Russell: Recused
37 Commissioner Bethel: Yea
38 Mayor Robaina: Yea
39
40 2. City Manager's Report
41 Manager Scurr reported on the followings
42 1. Police Department. A) Arrest of suspect that robbed
43 the BeeGees Store on January 20, 2001. Suspect fully
44 confessed to the robbery. B) Officer Munoz, the City's
45 narcotics officer at Miami International Airport was honored
46 along with 59 other people as the "Heroes of MIA for 2000 ".
47 The Department of Justice would be providing funding for
48 three additional -COPS positions. Meeting to discuss
49 security and precautions was held with merchants along the
50 Red Road area. The City will be working with the landlords
51 to improve the lighting conditions in this area. Aesthetic
REGULAR CITY COMMISSION
MINUTES - February 6, 2001
2
. r 77 �, —.. ex -.,. �x,,...w rt m
-
1 improvements to the Red Road area were also discussed.
2 Conceptual ideals would be brought back at the next
3 Commission meeting for discussion.
4 2. Parking Meters. The Merchants were interested to
5 know why the City had moved from two to three hour parking
6 meters, which was done due to the merchants' request. There
7 seem to be a variance of opinion from the merchants in this
8 regard. The merchants were advised to meet and come up with
9 a collective understanding on this issue The City has
10 received a request from a merchant for very short -term
11 meters [15 minutes]. In this particular block there is an
12 area conducive to a loading zone that could be used to
13 address this concern.
14 3. Murray Park. Final inspections for Phase One are
15 being completed. The City is making an attempt to amicable
16 resolve all pending issues between all parties in regard to
17 excusable /non - excusable delays.
18 4. Murray Park Phase Two. Three Million Dollars has been
19 secured from Phase Two of the Multipurpose Community Center.
20 The Conceptual 'Design Master Plan ;is' ready for final review
21 by the City Commission. A joint_ meeting between the City
22 Commission and the Parks & Recreation Advisory Board is set
23 for Monday, February 11, 2001. An application for an
24 additional $200,000.00 for the swimming pool was sent to
25 FRDAP
26 5. Transportation Updates. A) Traffic Study on Manor Lane
27 is underway. This report would be brought back at the next
28 City Commission meeting. Based on the input and
29 recommendations from the Commission, administration would
30 next proceed to Miami -Dade County. B) Initial data on the
31 Downtown Traffic Study has been collected. Safety issues are
32 being incorporated in the Study so that other funding
33 sources can be tapped into this project [Red Road & Sunset
34 Drive area] . C) The City is working with Miami -Dade County
35 Transportation Transit Agency to finalize an Interlocal
36 Agreement to secure funding for a "Pedestrian Overpass
37 Study." Commissioner Wiscombe shared that he'd secured the
38 support from members of the United States House of
39 Representative to assist in securing funding for the
40 Pedestrian Overpass.
41 6. OCED Funding. The City has been very aggressive with
42 its OCED Funding requests. The City was awarded $155,000.00
43 this year'. Of that amount $100,000.00 would be used to
44 rehab Church Street [59th Place]; $55,000.00 would be used
45 for Murray Park. The City has encountered one continuing
46 problem with the "Traffic calming project on 64th Street and
47 59th Place. The City is in a holding pattern with this
48 project because Miami -Dade County is installing a main sewer
49 line right through this intersection [the City had received
50 $135,000.00 for this traffic calming project]. OCED is
51 threatening to take back the funding for the traffic- calming
REGULAR CITY COMMISSION 3
MINUTES - February 6, 2001
1 proj ect . There is no firm start time on the sewer project
2 and the City has exhausted its administrative remedies
3 therefore, administration is seeking the Commission's
4 assistance. Mayor Robaina said that he'd suggested
5 previously having the City do the work and then getting
6 reimbursed from Miami -Dade County. Manager Scurr said that
7 Miami -Dade County has to do the detailed design for the
8 sewer project
9 7. Potable Water. The City has been in direct contact
10 with Governor Bush.
11 8. Shaw PUD. The flooding issues must be resolved before
12 proceeding with the right -of -way issue. The City has
13 commissioned one of the City's architectural firms to do a
14 study of the area.
15 9. Elks Lodge. Commissioner Wiscombe was thanked for his
16 assistance in this endeavor. It is anticipated that both
17 representatives from the Elks Lodge and area residents would
18 be brought together to find a cooperative way to solve the
19 pending issues.
20 10. Walking 'Tours, The tours will restart Friday, February
21 9th in Zone 3.
22 11 SPG Phase One Lease Agreement. A request was received
23 from the Red Sunset Merchants Association to defer this
24 item. A check in the amount of $400.00 from the Red Sunset
25 Merchants Association was received in the Clerks office to
26 cover the cost of re- advertising this item if it is deferred
27 tonight.
28 12. Extension of Parking Moratorium. This item is on
29 tonight's agenda for the Commission's consideration.
30
31 Items For the City Manager
32
33 Mayor Robaina said the right turn onto US One from 73rd
34 Street need to be addressed.
35
36 Manager Scurr shared that there were a number of Code
37 Enforcement violations against Einstein Bagel. Instead of
38 collecting on those citations an agreement was worked out where
39 Einstein would dedicate the right -of -way for a turn so that the
40 City could construct a proper turn onto South Dixie Highway.
41 FDOT is working out the design of this right- hand -turn.
42
43 Mayor Robaina referenced the parking situation in the
44 downtown area and asked for clarification of the "loading zone"
45 area and whether customers would be able to utilize this
46 designated area without being ticketed.
47
48 Manager Scurr said that the "loading zone" could be utilized
49 by those patronizing establishments [dry cleaners /florist shops]
50 for short term [no more than 20 minutes] as well as for
51 deliveries.
REGULAR CITY COMMISSION 4
MINUTES - February 6, 2001
1 Mayor Robaina asked about the status of the 84th Street
2 Landscaping project discussed during the Snapper Creek Charrette.
3
4 Manager Scurr said the City has been trying very hard
5 through its citywide landscaping efforts to prioritize and
6 address those areas of concern first.
7
8 Mayor Robaina asked whether the cut through traffic and
9 signage concerns for 8Oth Street were being addressed.
10
11 Manager Scurr said when the City had proposed the "Plan" and
12 started to get signatures for the cut through traffic another
13 segment of the neighborhood came out in very strong opposition to
14 the Plan.
15
16 Commissioner Russell emphasized that the traffic signage
17 should allow the residents in this area freedom of movement. The
18 84th Street Landscaping median has been evaluated by the Parks &
19 Recreation Department. She suggested having a Landscape
20 Architect do a spectacular median plan for the 84th Street area.
21
22 Mayor Robaina emphasized the importance of putting up the
23 historical street sign designated for the Larkin Family. He
24 further related that his office; is being overwhelmed with phone
25 calls regarding the quality of the cable service.
26
27 Commissioner Wiscombe shared that he too received phone
28 calls on the cable service issue. He said this situation has
29 gone on long enough and it is now time to resolve it. He said
30 the citizens are not being compensated for the down time and
31 interrupted cable service.
32
33 Commissioner Wiscombe related that he'd spoken with Mr. Basu
34 regarding the absence- of guardrails on the side of the Brewer
35 Canal [behind Pearls]. He further asked that the guardrails that
36 were on the other side of the canal be painted [80th Street]. He
37 recommends the removal of the bike racks at Marshall Williamson
38 and Lee Parks to be moved over to Murray Park for utilization by
39 the youth visiting that facility.
40
41 Commissioner Bethel inquired about the grant funding cycle
42 for the canal cleaning.
43
44 Manager Scurr shared that the City was working with Miami -
45 Dade County on a "Canal Maintenance Agreement." He further
46 opined that the City might be eligible for FEMA funds.
47
48 Commissioner Bethel said the dumping problem is still
49 occurring. He said that he'd reported one individual and
50 evidently this person hasn't been cited because the dumping is
51 still going on.
REGULAR CITY COMMISSION 5
MINUTES - February 6, 2001
°—S ?�� — ^s -.—x� .,„ar,.x.r "^�?kr�'�.�'�,�"�T""�u. :x €. ' r!.,° i�.,.-- ;;,��:• =4'�'- °�n',.e;,;:,-a��- �,�; , -.—�,� *-ter
1
2 Afters there were no other comments or questions for the
3 City Manager this report was concluded.
4
5 3. City Attorney's Report
6 Attorney Gallop reported on a meeting held with the property
7 owner on the NE corner of US One and Sunset Drive. A time frame
8 to evaluate this claim has been set for six weeks
9
10 Attorney Gallop reported that Attorney Figueredo has been
11 working with Miami -Dade County on the maintenance of Broad Street
12 Canal.
13
14 Attorney Gallop reported on out the positive outcome of the
- 15 NRA lawsuit and advised that the Courts dismissed the claim on
16 basis that the claim was not right for determination, that the
17 NRA did not have standing to such a claim therefore, the Court
18 did not have jurisdiction at this time to pursue the matter.
19
20 Attorney Gallop asked the Commission to defer Item No. 12
21 Ordinance eliminating gasoline stations from "NR" Neighborhood
22 Retail District for a period of 30 days. He asked that the
23 Commission approve Item No. 15, which is a settlement agreement
24 between the City of South Miami and the owner of the gas station
25 property at 6400 SW 62nd Avenue. The deferral of the "NR"
26 ordinance would provide the gas station owner with one month to
27 apply for an application of a site plan that would be consistent
28 with the settlement agreement.
29
30 After -there were no further comments or questions for the
31 City Attorney this report was concluded.
32
33 CONSENT AGENDA
34
35 RESOLUTION NO. 15 -01 -11163
36 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
38 ACCEPTANCE OF AN EXTENSION OF THE CITY'S FY 95, 96, 97,
39 98 AND 99 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
40 CONTRACTS UNTIL DECEMBER 31, 2001; AUTHORIZING THE CITY
41 MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS;
42 AND PROVIDING FOR AN EFFECTIVE DATE 3/5
43
44 RESOLUTION NO. 16-01-11164
45 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
47 ACCEPTANCE OF AN FY 2001 COMMUNITY DEVELOPMENT BLOCK
48 GRANT (CDBG) IN THE AMOUNT OF $155,000; AUTHORIZING THE
49 CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
50 DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 6
MINUTES - February 6, 2001
1
2
RESOLUTION 17 -01 -11165
3
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
5
MANAGER TO EXTEND AN AGREEMENT WITH RECIO AND
6
ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER
7
CONTROL SERVICES ALONG THE US1 MEDIAN, SUNSET DRIVE
8
MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED
9
$37,000.00 FOR THE CURRENT FISCAL YEAR, AND CHARGING
10
THIS AMOUNT TO ACCOUNT NUMBER 001- 2050- 519.3450,
11
"CONTRACTUAL SERVICES". 3/5
12
13
RESOLUTION NO. 18 -01 -11166
14
7.
A RESOLUTION OF THE MAYOR AND CITY' COMMISSION OF THE
15
CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND
16
COMMITTEES; APPOINTING HANNAH MCCREA AND BIANCA
17
CAVIGLSA TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN
18
FOR A TWO YEAR TERM ENDING FEBRUARY 6, -2003 OR UNTIL
19
SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING
20
AN EFFECTIVE DATE. (Mayor Robaina) 3/5
21
22
RESOLUTION NO. 19 -01- 11167
23
8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING' THE CITY
25
MANAGER TO DISBURSE A SUM NOT TO EXCEED $15,312 FROM
26
ACCOUNT #1910- 521 -3450 (CONTRACTUAL) AND A SUM NOT TO
27
EXCEED $7,656 FROM ACCOUNT #615 - 1910 - 521 -4400 (RENTALS
28
& LEASES) (FEDERAL FORFEITURE) TO ROYAL RENT -A -CAR
29
SYSTEMS OF FLORIDA, INC. FOR RENTAL OF THREE VEHICLES
30
FOR 12 MONTHS, PROVIDING AN EFFECTIVE DATE'.
31
3/5
32
33
Moved by Vice Mayor Feliu, seconded by Commissioners Bethel
34
and
Russell to approve the Consent Agenda.
35
36
There, being no discussion the motion passed by a 4 -0 vote.
37
38
Commissioner Wiscombe: Out of room
39
Commissioner Russell: Yea
40
Commissioner Bethel: Yea
41
Vice Mayor Feliu: Yea
42
Mayor Robaina: Yea
43
44
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
45
46
ORDINANCE NO. 4 -0.1 -1735
47
9.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
48
CITY OF SOUTH MIAMI FLORIDA, RELATING TO A REQUEST TO
49
AMEND SECTIONS 20` -9.1 AND 20 -9.3 OF THE LAND
REGULAR CITY COMMISSION 7
MINUTES - February 6, 2001
1 DEVELOPMENT CODE TO INCLUDE IN THE COMMUNITY SERVICE
2 OVERLAY DISTRICT PROPERTIES LEGALLY IDENTIFIED AS LOTS
3 5 THRU 7, BLOCK 4, AMENDED PLAT OF HAMLET (NORTHEAST
4 CORNER OF SW 64' STR. AND SW 59TH PL.) , AND TO AMEND
5 THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY
6 CHANGING THE ZONING USE DISTRICT FOR THE SAME LEGALLY
7 IDENTIFIED PROPERTIES FROM "RS -4," SINGLE FAMILY
8 RESIDENTIAL TO "RS- 4(CS -0V) ", SINGLE FAMILY
9 RESIDENTIAL, COMMUNITY SERVICE OVERLAY DISTRICT;
10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
11 CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
12 (1st Reading - 1/9/01) 4/5
13
14 Moved by Mayor Robaina, seconded by Commissioner Russell to
15 adopt this ordinance.
16
17 Administration explained the pertinent issues involved with
18 this item.
19
20 Attorney Gallop swore in all parties participating in the
21 Quasi - Judicial proceeding.
22
23 Mayor Robaina opened the floor for the _public Hearing.
24 After there were no interested parties to speak on behalf of this
25 item the public hearing was closed.
26
27 There, being no further discussion the motion passed by a 5-
28 0 vote.
29
30 Commissioner Bethel: Yea
31 Vice Mayor Feliu: Yea
32 Commissioner Wiscombe: Yea
33 Commissioner Russell: Yea
34 Mayor Robaina: Yea
35
36 ORDINANCE NO. 5 -01 -1736
37 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY" OF SOUTH MIAMI,, FLORIDA, RELATING TO PERMITTED
39 USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
40 LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3 (D)
41 ENTITLED, "PERMITTED USE SCHEDULE,- IN ORDER TO ADD
42 MORTGAGE BANKING/ MORTGAGE BROKERAGE AS A PERMITTED USE
43 IN THE "GR ", GENERAL RETAIL USE DISTRICT; PROVIDING FOR
44 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
45 EFFECTIVE DATE. (1" Reading 1/9/01) 4/5
46
47 Moved by Vice Mayor Feliu, seconded by Commissioner Russell
48 to adopt this ordinance.
49
50 Administration explained that this is a house keeping.
REGULAR CITY COPM9ISSION 8
MINUTES - February 6, 2001
1
2 Mayor Robaina opened the floor for the public hearing.
3 After there were no interested parties to speak on behalf of this
4 item, the public hearing was closed.
5
6 There, being no further discussion the motion passed by a 4-
7 0 vote
8
9 Commissioner Russell: Yea
10 Commissioner Wiscombe: Yea
11 Commissioner Bethel: Out of room
12 Vine Mayor Feliu: Yea
13 Mayor Robaina: Yea
14
15 ORDINANCE NO. 6 -01 -1737
16 11. AN ORDINANCE OF THE :'MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO THE LAND
18 DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH
19 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF
20 STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
21 ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE
22 MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE
23 SUSPENSION OF SECTION 20- 4.4(G) AND SECTION - 20- 4.4(H)
24 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
25 PROVIDING AN EFFECTIVE DATE. lsT READING - 1/9/01) 4/5
26
27 Moved by Vice Mayor Feliu, seconded by Mayor Robaina to
28 adopt this ordinance.
29
30 Administration explained the relevant facts involved with
31 this item.
32
33 Mayor Robaina opened the floor for the public hearing.
34 After there were no interested parties to speak on behalf of
35 this item the public hearing was closed.
36
37 At the conclusion of this discussion the motion passed by a
38 5 -0 vote.
39
40 Commissioner Wiscombe: Yea
41 Commissioner Russell: Yea
42 Commissioner Bethel: Yea
43 Vice Mayor Feliu: Yea
44 Mayor Robaina: Yea
45
46 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED
48 USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
49 LAND DEVELOPMENT" CODE, BY REVISING SECTION 20- 3.3(D)
50 ENTITLED, -PERMITTED USE SCHEDULE- TO REMOVE GASOLINE
REGULAR CITY COMMISSION
MINUTES February 6, 2001
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SERVICE STATIONS AS A SPECIAL USE IN THE "NR ",
NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY,, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. (lot Reading January 16, 2001) 4/5
Moved by Vice Mayor Feliu, seconded by Commissioner
Wiscombe to defer this item for thirty (30) days.
There, being no discussion the motion passed by a 5 -0 vote.
Commissioner Russell: Yea
Commissioner Bethel: Yea
Commissioner Wiscombe Yea
Vice Mayor Feliu: Yea
Mayor Robaina: Yea
ORDINANCE NO. 7 -01 -1738
13. AN ORDINANCE OF THE 'MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONTRACTS
APPROVING THE GROUND LEASE AGREEMENT BETWEEN
THE CITY
OF SOUTH MIAMI AND S'PG PHASE ONE, LTD., FOR A MIXED
USE /JOINT DEVELOPMENT` PARKING GARAGE ON THE
MUNICIPAL
PARKING LOT BOUNDED BY SW 73m STREET ON THE
'SOUTH, SW
58TH AVENUE ON THE EAST, SE 58TH COURT ON THE
WEST AND
AN ALLEYWAY ON THE NORTH; PROVIDING FOR TERMS AND
CONDITIONS; PROVIDING FOR ORDINANCES IN
CONFLICT;
SEVERABILITY AND AN EFFECTIVE DATE.
(1st Reading - January 16, 2001)
4/5
Moved by Mayor Robaina, seconded by Vice Mayor Feliu and
Commissioner Betel to adopt this ordinance.
Mayor Robaina announced that due to previously scheduled
engagements Mr. David Silver and Mr.' Alex Abril, President and
Vice President of the Red Sunset Merchants Association were not
able to attend tonight's meeting and asked that this item be
deferred. He said that they'd also provided a check in the
amount of $400.00 to pay for the cost of re-advertising.
Moved by Mayor Robaina, seconded by Commissioner Russell to
defer this item.
There, being no further discussion on the deferral the
motion failed by a 1 -4 vote.
Commissioner Wiscombe: Nay
Commissioner Russell: Yea
Commissioner Bethel: Nay
Vice Mayor Feliu: Nay
Mayor Robaina: Nay
REGULAR CITY COMMISSION 10
MINUTES - February 6, 2001
,'r''? "',,
1
2 Manager Scurr recapped that this process began in June 1997
3 when the City took out a competitive RFQ for a mixed-use joint
4 development for 73rd Street. The project has gone through a
5 number of evolutions. Approximately 9 months ago the principals
6 of SPG came to the realization that the project was not
7 financially viable. Further enhancements were made to the
8 project. The project was denied at that point. The Commission
9 subsequently directed staff to come back with alternatives to
10 explore additional parking and for the City to explore building
11 its own parking garage with retail only on the first floor.
12
13 Mayor Robaina stated for the record that the discussion
14 tonight was in regard to the lease and not the project. He said
15 that he wanted language inserted into the lease indicating that
16 it is only accepted if the "project" is approved.
17
18 Attorney Gallop confirmed that the proposed lease is made
19 subject to approval of the project to be considered later by the
20 City Commission.
21
22 Manager Scurr recounted that the original project had
23 retail on the first floor, the second floor was 100% metered
24 parking, the third and fourth levels were half parking and half
25 office spaces and the deck was parking. The alternative
26 selected for renegotiations was adding a new third level, which
27 would be 100% parking. That is what is the subject of the lease
28 agreement being proposed tonight. This project provides the
29 supplemental parking to the City at no net cost to the City.
30
31 Attorney Figueredo explained that this lease has three
32 issues: 1) additional level of parking. This would yield 108
33 additional metered spaces; 2) the manner in which this
34 additional level of parking would be paid for. The lease
35 provides that the City would assume certain financial
36 obligations pertaining to the construction of the additional
37 level of parking. The City would also assume certain
38 responsibilities for additional operational cost; 3) Mutual
39 Release. This provision provides that in the event this lease
40 is approved both parties will agree to release one another from
41 any and all claims relating the RFP and entire process
42 associated with this project.
43
44 Attorney Figueredo further provided a brief overview of the
45 lease agreement: 1) Term of lease agreement is 50 years, with no
46 renewal option. At the end of the 50 year lease term the
47 structure becomes the property of the City; 2) Minimum Rent -
48 the City would retain ownership of the 73 metered spaces on the
49 second level. The City would be responsible for collecting the
50 parking revenue from those 73 parking spaces [the City
51 determines the parking rate and the hours of operation on the
REGULAR CITY COMMISSION
MINUTES - February 6, 2001
1 metered spaces] ; 3), Additional parking level - 108 additional
2 spaces of which the City would assume financial responsibility
3 for paying for those spaces; 4) Percentage Rate SPG shall pay
4 the City an annual percentage rate payment of 2.5% of gross
5 income of the first 1.4 Million dollars of gross income allowed
6 by the project. All income in excess of 1.4 Million the
7 percentage would then be 70 of the gross income; 5) Minimum Rent
8 in the event construction exceeds twelve months and forty -five
9 days after the permits have been issued - SPG would be
10 responsible for a monthly payment of $6,333.00. The City would
11 have an operational obligation in terms of those additional cost
12 that SPG now incurs for having the additional level of parking;
13 6) Alleyway Claim the City and SPG would work together to try
14 to resolve any outstanding issues regarding the alleyway issue.
15 If the alleyway issue' cannot be resolved the lease can be
16 terminated. If the lease is terminated the City could be
17 responsible for reimbursing SPG for reasonable and documented
18 cost associated with the lease. The City must approve any
19 change in the "Plan" that alters the cost of construction by
20 more than 5%. This also includes any changes in use of the
21 project; 7) Permits' all work and drawings and applications
22 must be submitted within six 'months of the date of the lease
23 agreement; 8) Deferred rent - after the plans are approved the
24 City at that time may decide if they want the project to have
25 additional reviews. If the City' requires that the plans be
26 changed the City would assume' responsibility for additional cost
27 associated with the professional fees to change the plans. If
28 changing the plans delays the construction beyond the timetable
29 the City would assume the responsibility of paying, the default
30 rent of $8,500.00 per month to Mr. Richmond; 9) Construction -
31 SPG must commence construction within 90 days of the permit; 10)
32 Construction /Indemnification SPG would' indemnify and defend
33 and hold the City harmless. In addition, SPG will cause its
34 general contractor to provide a Payment of Performance Bond; 11)
35 Holiday Season Construction - SPG shall not engage in any
36 construction from Thanksgiving through December 26th' 11)
37 Landlord Financial Obligation - It's' the City's financial
38 responsibility for the construction cost association with the
39 additional parking level. Parties have to agree on what the
40 City's portion and financial responsibility will be. If the City
41 and SPG cannot agree on that the matter would be settled through
42 arbitration; 12) Cap - the City's construction cost shall not
43 exceed $12,000.00 per parking space; 13) Finance - any financing
44 secured by SPG must be paid off on or before the 48''th year of the
45 lease; 14) SPG does retain the right to transfer the leasehold
46 interest. If this occurs, SPG will pay the City a transfer fee
47 based on the percentage of net profits.
48
49 Mayor Robaina opened the floor for the public hearing.
50
REGULAR CITY COMMISSION
MINUTES - February 6, 2001
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Mr. Tucker Gibbs, an attorney representing the Red /Sunset
Merchants Association appeared the City Commission to state his
clients' position that this item be rejected because of non -
responsiveness to the RFP issued in 1997 based on: 1) the lease
fails to adequately address the future parking needs of the
Hometown District; 2) the lease fails to meet the parking
standards set out in the City's Comprehensive Plan and the
Hometown District Overlay Ordinance; and 3) the lease leaves
open too many questions regarding the construction and operation
of the facility. The following questions were posed: 1) who
sets the parking policy for the use of the parking spaces; 2)
why doesn't the City operate the garage component of the mixed
use development; 3) how will a parking policy be established
with developers parking spaces in the evenings and on weekends;
4) will all public parking spaces [183] be used in the evenings
and weekends before the developer's spaces are used to maximum
the City's revenues; 5) will the City control and receive
revenue from any valet operation in the 'event a restaurant or
night club is opened in the retail portion of a mixed use
development; 6) Why should the City absorb engineering soft cost
and development for the extra level of parking; 7) the lease
agreement fails to designate level 3 as the City's additional
public parking; 8) the lease agreement does not make' provisions
for a tenant developer to maintain a capital improvement fund
for repairs and restoration of the garage component; 8) there is
no provision for an a five year capital budget for annual
revisions 9) does the City have veto power based on its City
engineer's advice; 10) this operation 'does not appear to utilize
cashiers and attendants consequently the cost of operating this
garage should be much lower than $400.00 per space per year; 11)
will the foundation allow for a sixth parking level and who will
pay for it?
Ms. Cathy McCann of 5820 SW 87th Street appeared before the
City Commission in opposition to this item. She commented that
the City would lose parking revenue, occupational licenses and
some of the property taxes. She further expressed concern with
the 50 -year lease term.
Manager Scurr clarified that in the first year of operation
the projection for total revenue is $270,000.00. The worst -case
scenario for projected expenses is $164,000.00. This would give
the City net revenue of $106,000.00. The City currently
received $120,000.00 from the surface lot. The City would be
receiving $20,000.00 less than it currently receives. However
the City would still be receiving at least $106,000.00 in
positive revenue.
Ms. McCann expressed concern
were passed the Commission would
issues involved with the project.
REGULAR CITY COMMISSION 13
MINUTES - February 6, 2001
that if this lease agreement
also be approving any zoning
1 Mr. Craig Sherar of 6501 SW 61St Street appeared before the
2 City Commission to express his views on this item. He suggested
3 having the developer put up a construction bond and cited Martin
4 Construction vs. St. Lucie County for setting precedence.
5
6 Mr. George McAdl'er of 6601 SW 128th Street 'appeared before
7 the -City Commission representing SPG Phase One and indicated
8 that many of the .issues raised by Attorney Gibbs were addressed
9 in the lease agreement.
10
11 Mr. Jack Keith of 8241 SW 54th Avenue appeared before the
12 City Commission to express his views on this issue. He opined
13 that from his view this was not an economically feasible - lease.
14
15 Mr. Zach Mann of 6701 SW 78th Terrace appeared before the
16 City Commission to express concern with the term of the lease
17 and the value of the building at the end of the lease term. He
18 expressed opposition to this lease agreement.
19
20 Mr. John Edward Smith of 7531 SW 64th Court appeared before
21 the City Commission in opposition to this lease agreement.
22
23 After there were no other interested parties to speak on
24 behalf of this item, the public hearing was closed.
25
26 Attorney Figueredo addressed questions raised by Attorney
27 Gibbs and indicated that page 4, of the lease defines landlord's
28 portion as the third level of the parking garage; page 36
29 addresses the maintenance program issue. He further said there
30 is a reservation of rights on the part of the City to reject the
31 plans. He said there is a specific section in the lease that
32 states that nothing in this lease agreement shall be construed
33 to waive or limit the City regimental authority as a municipal
34 corporation to approve special exceptions, etc. He said this
35 document really makes an attempt to address each and every one
36 of the concerns that have been raised.
37
38 Mayor Robaina asked if an unbiased third party has been
39 contacted to review the lease agreement.
40
41 Commissioner Russell shared that Hometown, Inc. has
42 volunteer its services for this purpose at no cost.
43
44 Mayor Robaina emphasized the importance of getting an
45 unbiased third party's opinion, with one of the elected
46 officials setting in as the Commission's liaison.
47
48 Manager Scurr shared that the City has engaged outside
49 experts [Rick Freedman and Diana Gonzalez] from time to time
50 during the negotiations of this lease. He further related that
51 the City has competent counsel as well. Administration is
REGULAR CITY COMMISSION 14
MINUTES - February 6, 2001
1 prepared tonight to answer any and all questions that might come
2 up.
3
4 Commissioner Wiscombe disagreed with having a Commission
5 member involved with the third party opinion.
6
7 Vice Mayor Feliu disagreed with having a third party
8 opinion. He said this lease agreement is going to be closely
9 scrutinized by a lending institution to determine if whether it
10 will lend the money. He said if the City were to develop its
11 own parking garage in compliance' with the Hometown Plan, the
12 City would still lose a year's revenue. Regardless of what
13 project is constructed the revenue would still be lost.
14
15 Commissioner Wiscombe concurred with Vice Mayor Feliu's
16 comments to move forward with this issue.
17
18 Commissioner Bethel said that as far as he was concerned
19 all the questions have been answered.. He conveyed his support
20 of the City's legal counsel and the advice they have provided.
21
22 Commissioner Russell referenced Section 5.12.1 and said
23 there was no set amount for the rent [amount unknown] . She
24 referenced page 10, section 5.2.3 "Limitation of Payment
25 Obligation and asked for an interpretation.
26
27 Attorney Figueredo explained that when percentages are
28 calculated there is speculation as to what is expected to be
29 received. He said this is intended to address SPG's percentage
30 obligation, which is 'based upon actual revenue received.
31
32 Commissioner Russell referenced 6.1.2 and related that the
33 City was expected to pay a proportionate share of _operation and
34 expenses. She further referenced the environmental assessment
35 issue.
36
37 Attorney Figueredo shared that an environmental assessment
38 has been done on the property. The environmental consultant
39 identified no environmental conditions'.
40
41 Commissioner Russell referenced the alleyway situation and
42 indicated that this needs to be resolved before the lease is
43 approved. She conveyed that construction couldn't begin until
44 this issue is resolved.
45
46 Attorney Gallop said the City did not know what the so-
47 called alleyway claim is. He said the alleyway would not
48 provide any access to the parking garage except to an office
49 located on the ground floor. There will not be any significant
50 increase in the use of the easement area because of this parking
51 garage. A release of the restriction that this property could
REGULAR CITY COMMISSION 15
MINUTES - February 6, 2001
7M I
1 only be used for a parking lot was retained from the heirs. He
2 emphasized that there is talk about a claim but no one knows
3 what that claim is.
4
5 Commissioner Russell addressed the "permit" issue and
6 opined that this is a blank check.
7
8 Attorney Figueredo explained that this provision imposes
9 upon SPG an obligation to submit its permit applications within
10 six months. He further explained that the City would cooperate
11 in good faith to help SPG submit its applications. Nothing in
12 this lease is intended for the City to incur professional fees
13 and costs but just to the extent of the processing of plans to
14 meet the deadlines.
15
16 Commissioner Russell referenced page 17, Section 9.1.1
17 "Unavoidable delays"; Section 9.1.2 Article 7; page 19, Article
18 8 "Holiday Season Construction" as other areas of concern. She
19 opined that the Commission is responsible to use this property
20 for the very best use of the citizens. The citizens and
21 merchants have spoken. She conveyed her disappointment that the
22 Commission would not grant a two-week deferral so that the
23 people who were major components of this could be heard. She
24 said the City was looking at a tremendous financial commitment
25 that was not a part of the original RFP.
26
27 Mayor Robaina referenced the Red Sunset Merchants
28 Association and said that they have their interest the
29 Commission has a responsibility to stop the intrusion into the
30 residential areas. He emphasized that if the Project comes
31 forward and it is unacceptable he would vote it down. If the
32 project is voted down, the lease becomes null and void. He
33 stated that the first time when this project was voted down he'd
34 voted it down because the project was incomplete.
35
36 Vice Mayor Feliu conveyed that he was surprised at the
37 large scale parking garage plans submitted by the Red Sunset
38 Merchants Association. This project provides more parking than
39 what the original RFP envisioned while at the same time
40 correcting the inaccurate calculations of the original RFP. He
41 voiced his support of this item.
42
43 Attorney Gibbs reappeared before the City Commission and
44 expressed concern with the language "development rights" on page
45 14 of the lease agreement and asked why not use a different word
46 because this language could be used against the City in case
47 there is litigation.
48
49 Attorney Gallop said that he did not see a problem with
50 this language because the City was using its Police Powers.
51
REGULAR CITY COMMISSION 16
MINUTES February 6, 2001
1 Attorney Gibbs next referred to pages 33, 47 and 48 and
2 said by this lease agreement the City was grandfathering, which
3 is a zoning issue and couldn't be done by contract.
4
5 Attorney Gallop said the issue of contract zoning still has
6 some vitality in the state of Florida. He related that this is
7 relevant to a 1943 Supreme Court Case, which essentially says
8 that a local government couldn't contract where there is zoning
9 powers. This could only come up if Mark Richmond's property is
10 destroyed to accommodate the development and the development is
11 either destroyed or fails and Mr. Richmond wants to have back
12 what he had before he became part of the agreement with SPG
13 Phase One. He opined that he did not believe that the Contract
14 zoning would be an issue and applicable to any legal decisions.
15
16 Mr. McAdler said this provision addresses a scenario where
17 the project has been approved, the loan is in place, the
18 Richmond building is demolished, the parking garage is built and
19 at sometime in the future the garage is destroyed and the City
20 and SPG decides not to rebuild. Mr. Richmond would have the
21 opportunity to rebuild.
22
23 Attorney Gallop opined that this is an Estopple Issue.
24
25 Attorney Gibbs asked about the parking policy for evenings
26 and weekends.
27
28 Attorney Figueredo explained the lease specifically states
29 that the parking garage would be open on evenings and weekends
30 and the City reserves the right during special events to
31 establish policies.
32
33 Attorney Gibbs asked if all public parking spaces [net 183]
34 would be used in the evenings and weekends before the
35 developer's spaces are used to maximize the City's profits.
36
37 Attorney Figueredo replied that the City has the second and
38 third levels presumable. However, the City can't require that
39 someone park on a certain level. The reason the second and
40 third levels were reserved for metered parking was to provide
41 the City with the opportunity to fill its metered spaces.
42
43 Attorney Gibbs asked if valet parking was ever considered.
44
45 Attorney Figueredo said the analysis was based on SPG
46 operating the garage. If valet parking were perceived to be the
47 highest and best form of parking in the garage the City would
48 share in the profits based on the formula.
49
50 Attorney Gibbs asked if an analysis was every made of the
51 soft cost involved building the extra floor.
REGULAR CITY COMMISSION 17
MINUTES - February 6, 2001
FP7��
1
2 Attorney Figueredo said the lease provides that the City
3 would have to agree on what the cost would be to construct the
4 additional level.
5
6 Commissioner Russell referenced Section 6.1.2 of the lease
7 agreement "Payment of Landlord Operational Obligation -
8 Commencing with the first year during which Completion of
9 Construction, Landlord shall pay to tenant on the 30t`' day after
10 the end of each calendar quarter during the Lease term an amount
11 equal to the Landlord operational obligation for such calendar
12 Year" and said that she'd have to disagree with this section
13 because this did not make sense and was not acceptable to her.
14
15 Attorney Figueredo said the Landlord operation obligation
16 would increase because of the extra level of parking would
17 include (e.g. cost of insurance and security. He emphasized that
18 the City would only assume responsibility for additional cost.
19
20 Commissioner Russell related that she did not understand
21 what the rush is in approving this item tonight. She further
22 expressed concern that the City would jump into this with such a
23 huge financial obligation.
24
25 Vice Mayor Feliu said that questions have been asked and
26 were answered over the course of time. He opined that the City
27 would not be hurt by this lease agreement. The total net
28 parking spaces would be 442 with 201 spaces available 100% of
29 the time and 214 spaces available nights and weekends.
30
31 Mayor Robaina reiterated that on for tonight's
32 consideration is the lease and not the project and if the
33 project when presented were not acceptable he would vote the
34 project down.
35
36 At the conclusion of this discussion the motion passed by a
37 4-1 vote.
38
39 Commissioner Wiscombe: Yea
40 Commissioner Russell: Nay
41 Commissioner Bethel: Yea
42 Vice Mayor Feliu: Yea
43 Mayor Robaina: Yea
44
45 Mayor Robaina read into the record the following "The
46 greatest thing about living in a democracy where one has freedom
47 of speech is that everyone has that same right. When people say
48 something about someone that someone has the right to respond.
49 In this City we have a small group of people who are trying to
50 hide behind an Association that has been in place for decades,
51 and use this established name called the South Miami Homeowners
REGULAR CITY COMMISSION
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Association to distribute their 'insensitive, misleading,
manipulative smut to mislead people who believe that they
represent the views of the majority of the South Miami City
homeowners when really all they are doing; is satisfying their own
agenda, because of their hostility, anger and some even the
bigotry that they have for other ethnic groups in the City. As I
will show you when I read; their last Newsletter. As your Mayor,
don't expect me to turn away from this dirt and not address it
because that would be advancing these few people to destroy the
fiber of what makes the City of South Miami a' great and popular
place to live. So I will now take my turn and my right to
respond to their smut! Go over Newsletter and articles in
newspaper and tell them that I too can send letters to the editor
along with the newly elected members of South Miami Homeowners
Association Board. Folks this is not about the City's elected
officers manipulating anyone or any group this is not about a
parking garage project and people being gagged - as you know -
everyone gets to speak in our City Commission Chambers whether
you are a member of the South Miami Homeowners Association or
not. This is about a group that wants to hide behind the name of
an organization that has always been a respectable organization
and continue to try and divide and mislead the City. That's
another reason why their membership has gone from over 500 to
less than 100.
He said the Commission members were not being congratulated all
over Miami-Dade County for what this City is about for no reason.
I don't get hundreds of calls a month from people who want to
move into South Miami for no reason.
People ask - me why I give up 40 -50 hours of my time doing this
only to ,get attacked by this small group and I tell them that I
have thought about it, but the more I think about it, the more
involved I want to be to make sure this element does not continue
to grow in this City - someone has to stand up to these people.
These people will not chase me out of this City. And it makes me
want to run for Mayor over and over again. We will not go back
to the way this City neglected certain pockets and areas of South
Miami. I have worked too hard and too long to improve the
quality of live for the entire City of South Miami not just a few
people's blocks. And I will continue to fight to improve the
entire City. The more these people do the more I realize just
REGULAR CITY COMMISSION 19
MINUTES - February 6, 2001
1 why I ran for office. I cannot back down - they cannot overrun a
2 community. Folks, speak up and let these few individuals know
3 that enough is enough tell them to stop dividing our community.
4 The days of keeping certain parts of South Miami oppressed are
5 over and I will continue to work on making sure that all parts of
6 the City enjoy the same luxuries.
7
8 Commissioner Wiscombe related that he has a right as a
9 homeowner and a citizen of this community; to attend a South Miami
10 Homeowners meeting. For a long time he's elected not to because
11 he did not like the group in charge and didn't like the things
12 they stood for. When the new slate was submitted he saw a
13 possibility for change and for something good to come out of this
14 particular group instead of a cloak and dagger approach and no
15 body knew who the members were or what their values were The
16 SMHOA newsletter listed a lot of complaints; 1)- Citrus Canker
17 issue, gunlock ordinance. He asked since when do we put a price
18 on child's life? There were complaints about the millage rate in
19 comparison to other municipalities, the toilets in Dante Fascell
20 Park. He asked if there was anything positive that could come
21 from this particular group? It was even suggested that the
22 bylaws need not be followed because they haven't been for the
23 past couple of years. If that were the approach that was taken
24 in this City with the City's Charter that same group would be all
25 over the City Commission, City Manager and everybody else
26 involved. He shared that he was even given an e -mail sent by one
27 of the members who referred to the people in the new group as
28 "sleazy, backhanded, undemocratic, machiavellian, communistic,
29 totalitarian, third world, sordid, odious, dictatorial, and
30 fascist tactics by three City Commissioners, a teach, an ex-
31 assistant principal, a union organizer, a mayor and an
32 immigration official." He emphasized that he would not put up
33 with this kind of non -sense any longer. He said the Commission
34 members have rights in the City as being individuals with a voice
35 outside as well as inside the Commission Chambers.
36
37 Vice Mayor Feliu referenced a letter that was sent to the
38 Miami Herald that mentioned his name. He said that he took
39 exception to this because the letter stated that he invaded their
40 meeting even though a SMHOA member invited him. He said his
41 purpose for being at the meeting was to simply bear witness to
42 whether the bylaws of the SMHOA were being violated. He
43 confirmed that the bylaws were violated. He welcomed the new
44 slate of officers and positive criticism. He said that the 'old
45 group was never a part of any position action taken by the City.
46
47 Commissioner Bethel shared that the statements written in
48 the South Miami Homeowners Newsletter alarmed him.
49
50 RESOLUTION(S)MUBLIC HEARING(S)
51 There were none
REGULAR CITY COMMISSION
MINUTES - February 6, 2001
20
....
7F 7-77
1
2 RESOLUTION (S
3
4 RESOLUTION NO. 20 -01- 11168
5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION
7 OF 7 NEWSRACK DEVICES, FOR THE "STREET" NEWPAPER, BY
8 MIAMI HERALD PUBLISHING COMPANY, PURSUANT TO ORDINANCE
9 NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE.
10 3/5
11
12 Moved by Mayor Robaina, seconded by Vice Mayor Feliu to
13 approve this item.
14
15 Administration explained that it had received an application
16 from the Miami Herald for the placement of a Newsrack device.
17
18 Commissioner Russell asked how many more free publications
19 would the City allow in the downtown area?
20
21 Manager Scurr said that the City is removing the non -
22 conforming newsracks.
23
24 Mayor Robaina asked if this is something the ERPB could
25 address.
26
27 Mr. Basu opined that an overall Master Plan could be looked
28 at.
29
30 Attorney Gallop shared that the newspapers enjoy "first
31 amendment" to place their publications in reasonable locations.
32
33 Commissioner Wiscombe expressed concern with the many
34 newsrack devices already erected in the downtown area. He
35 related that while strolling in the downtown area he was pulling
36 newspapers off of the benches because someone used them to sleep
37 on.
38
39 Mayor Robaina asked that this be brought back at the next
40 Commission meeting.
41
42 Mr. Basu said that gathering this information would be an
43 extension process and would not be ready by the next City
44 Commission meeting. This applicant has met the requirements of
45 the City's Code of Ordinances.
46
47 Commissioner Russell said that she wanted a firm commitment
48 that this issue will be addressed from once and for all.
49
50 Mr. Basu said that this item would be reviewed and a Master
REGULAR CITY COMMISSION
MINUTES - February 6, 2001
21
1 Plan brought back to the Commission within 60 days.
2
3 At the 'conclusion of this discussion the motion passed by a
4 4 -1 vote.
5
6 Commissioner Russell: Nay
7 Commissioner Bethel: Yea
8 Vice Mayor Feliu Yea
9 Commissioner Wiscombe: Yea
10 Mayor Robaina: Yea
11
12 RESOLUTION NO. 21 -01 -11169
13 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
15 APPROVING A SETTLEMENT AGREEMENT WITH HARDEE ROAD
16 CORPORATION REGARDING PROPERTY LOCATED AT 6400 S.W. 62
17 AVENUE; PROVIDING AN EFFECTIVE DATE. 3/5
18
19 Moved by Mayor Robaina, seconded by Commissioners Russell
20 and Wiscombe to approve this item.
21
22 Attorney Gallop approves the settlement agreement that
23 resulted from negotiations between the City and property owner
24 of Hardee Road Corporation that begin last year when the City
25 first proceeded to amend the "NR" District to eliminate gas
26 stations as a'Special Use. The Hardee Corporation had submitted
27 an application for a CO and was denied it at that time. This
28 implemented negotiations between the City and Hardee Corporation
29 concerning their rights to the continued use of the property as
30 a gas station while the propose change to the zoning code was
31 still pending. A settlement agreement was arrived at under
32 which the owner of the property agreed that auto repair would
33 not longer be done at this site. A limitation on hour's of
34 operation was also agreed upon. The owner agreed to enhance the
35 landscaping as well as contribution $1,000.00 for landscaping.
36 Better lighting to enhance Security as well as providing
37 surveillance of the store was also agreed upon. The owner also
38 agreed that they would comply with environmental monitoring and
39 plant requirements. Further, the property owner agreed to use
40 its best efforts to hire residents of the City to work at the
41 gas station /convenient store property as well as training a
42 resident to become a store manager. If they fail in the
43 performance standards, the owner would then pay a $2,,500.00
44 penalty to the CRA.
45
46 There, being no discussion, the motion passed by a 5 -0
47 vote
48
49 Commissioner Wiscombe: Yea
50 Commissioner Russell: Yea
51 Commissioner Bethel: Yea
REGULAR CITY COMMISSION 22
MINUTES - February 6, 2001
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34
Vice Mayor Feliu: Yea
Mayor Robaina: Yea
ORDINANCE (S) FIRST READING
There were none
PUBLIC REMARKS
Ms. Yvonne Beckman of 5871 SW 83rd Street appeared before
the City Commission to express her views.
Mr. John Edward Smith was afforded an opportunity for
comments
Mr. Dick Ward of 8310 SW 6Ch Court appeared before the City
Commission to express his views.
COMMISSION REMARKS
Each member- of the City Commission was afforded an
opportunity for comments.
After there was no further business to come before this
Body, the meeting adjourned at 1:20 a.m., with Vice Mayor Feliu
delivering inspirational partying words.
Approved
Attest
City Clerk
Mayor
REGULAR CITY COMMISSION 2 3
MINUTES - February 6, 2001
FT-
i i
City of South Miami
INTER- OFFICE MEMORANDUM
TO: Honorable Mayor, Vice Mayor Date: February 6, 2001
and City Commission
FROM: Charles Scurr, a14 l Re: Agenda Item #_ '
City Manager` Comm. Mtg 3/6/01
Creation of Section 15 -59
REQUEST
Request for the creation of Section 15 -59 of the Code of Ordinances of the City of South
Miami to prohibit tampering with an escalator, moving sidewalk or elevator, except in an
emergency.
BACKGROUND AND ANALYSIS
Many buildings located within the City are equipped with elevators. The Shops at Sunset
Place is equipped with several sets of escalators. As more buildings are erected more
escalators and elevators will be installed. These units are equipped with an emergency
"stop button when an emergency arises necessitating their immediate shutdown.
Unfortunately, there exists a certain element within 'society who find it amusing to
activate these emergency buttons for no reason. Especially on an escalator these
activations cause the immediate cessation of function. which can lead to persons falling
and being injured.
There exists no current state law, county or local ordinance specifically addressing this
issue. Enactment of this ordinance will allow the Police Department to take the
appropriate enforcement action when this type of incident occurs.
Section 15-59, enacted in 1954 and deleted and superceded in 1970 by Section 15 -55 has
been reserved to maintain code format. The placing of this new ordinance under Section
15 -59 would use a valid, yet void number compatible with the following numbered
sections.
RECOMMENDATION
Your approval is recommended.
CS /GF /sh
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CREATION
5 OF SECTION 15 -59, TAMPERING WITH AN ESCALATOR, MOVING
6 SIDEWALK OR ELEVATOR; PROVIDING FOR SEVERABILITY,
7 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
8
9 WHEREAS, in many structures located within the City of South Miami there exist
10 elevators and moving sidewalks called escalators; and
11
12 WHEREAS, safety requires that each of these devices be equipped with an
13 emergency "stop" button; and
14
15 WHEREAS, the unnecessary activation of an emergency stop button on either an
16 escalator or elevator can needlessly expose passengers to harm; and
17
18 WHEREAS, it is the desire of the City Commission to enact ordinances which
19 protect innocent members of society; and
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
24 Section 1. Section 15 -59 of the Code of Ordinances of the City of South Miami
25 be created as follows:
26
27 15 -59 Tampering with a moving sidewalk or elevator prohibited.
28
29 a. No person shall interfere with the safe operation of an elevator, escalator or
30 other moving sidewalk in any way, except in an emergency.
31 b. No person shall stop, or cause to be stopped any elevator, escalator or other
32 moving sidewalk by pushing a "stop" button or other deactivation device when
33 no legitimate reasons exists to cease the operation of said elevator, escalator or
34 other moving sidewalk.
35
36 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
38 shall not affect the validity of the remaining portions of this ordinance.
39
40 Section 3. All ordinances or parts of ordinances in conflict with the provisions
41 of this ordinance are repealed.
42
Additinm chnwn by rnnrier inina nnrl delotinnc chnwn by
43
Section 4. This ordinance shall
be effective immediately after the adoption
44
hereof.
45
46
47
48
PASSED AND ADOPTED this
day of , 2000.
49
50
ATTEST:
APPROVED:
51
52
53
CITY CLERK
MAYOR
54
55
1" Reading —
56
2nd Reading —
57
COMMISSION VOTE:
58
READ AND APPROVED AS TO FORM:
Mayor Robaina:
59
Vice Mayor Feliu:
60
Commissioner Russell:
61
CITY ATTORNEY
Commissioner Bethel:
62
Commissioner Wiscombe:
63
Ardrditinnc , hnwn by nnderlininsr and deletion, chnwn by v ct ix s