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10-16-01M Miami CITY COMMISSION AGENDA City Commission Meeting Meeting date October 16, 2001 6130; Sunset Drive -, South Miami., FL Next Regular Meeting Date: November 6, 2001 Phone: (305)'663 -6340 Time: 7 :30 PM F f South Miami Ordinance No. 10 -00-1712 requires lobbyists before engaging in any lobbying ties to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid _ or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not-for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call B. Invocation• C. Pledge of Allegiance: D. Presentation(s) (7:00 p.m.) Proclamation - Rio Roses Sweetest Day REGULAR CITY COMMISSION 1 AGENDA - 'October 16, 2001 200 .. F: •'h :. -,: .. ...: Y... �� ♦■ q pY�Y 1MRAFRF�1Rili� .. .` . ... . ... py ,{ yy�::/:. 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This applies to all persons who are retained (whether paid _ or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not-for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call B. Invocation• C. Pledge of Allegiance: D. Presentation(s) (7:00 p.m.) Proclamation - Rio Roses Sweetest Day REGULAR CITY COMMISSION 1 AGENDA - 'October 16, 2001 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Regular Meeting August 21, 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, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MC HARRY & ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE SW 647H STREET & SW 59TH PLACE (TRAFFIC CALMING) INTERSECTION IMPROVEMENT IN AN AMOUNT NOT TO EXCEED $12,892.00. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL- SERVICE WORK ORDER WITH CORZO CAS'TELLA CARBALLO THOMPSON SALMAN, P.A., FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL, DESIGN & PERMITTING, BID PHASE AND BID PHASE FOR THE WATER MAIN EXTENSION PHASE 1B ,IN AN AMOUNT NOT TO EXCEED EIGHTY -ONE THOUSAND SEVEN HUNDRED DOLLARS, ($81,700.00) TO BE CHARGED TO ACCOUNT NO. 001 - 0000 -132- 2055. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO OFFER; THE BEST PRICES ON GOODS AND /OR SERVICES AND APPROVING THE DISBURSEMENT OF FUNDS TO PAY FOR THESE GOODS /SERVICES FROM APPROPRIATE ACCOUNTS AS APPROVED IN THE CURRENT FISCAL YEAR'S BUDGET. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES';' APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $7,319.80; CHARGING $177.50 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $5,994.80 TO ACCOUNT NO. 1500- 514 - 3410, LEGAL SERVICES,, NON - RETAINER; CHARGING $1,007.50 TO ACCOUNT NO. 608- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURE; AND CHARGING $140.00 REGULAR CITY COMMISSION 2 AGENDA - October 16, 2001 i TO ACCOUNT NO 1500- 5`14 -3420, TELECOMMUNICATIONS; PROVIDING AN EFFECTIVE DATE. 3/5 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS_ TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO CONSISTENTLY OFFER THE BEST PRICES ON GOODS AND /OR SERVICES USED BY THE PARKS & RECREATION DEPARTMENT AND APPROVING DISBURSEMENT OF FUNDS TO PAY FOR THEE GOODS AND /OR SERVICES FROM DIVISIONAL ACCOUNTS AS APPROPRIATED IN THE '12001 -`2002 FISCAL YEAR BUDGET. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 'THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE CONSERVATION ELEMENTS OF ',THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING IFOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 10. AN ORDINANCE. OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION, 20- 3.6(H) (2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES` AND VINES USED AS FENCING, SCREENING OR 'LANDSCAPING; PROVIDING FOR SEVERABILI',TY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE -. 3/',5 11. 12. REGULAR CI' AGENDA 6 ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS [DING ARTICLE 9 OF THE CODE OF ORDINANCES, ENTITLED 'fCTIONS" TO CREATE SECTION 9 -12, ENTITLED CLOSURE OF PRIOR FELONY CONVICTIONS, OR PLEAS, OF -TY AND NO CONTEST "; REQUIRING CANDIDATES TO SUBMIT [INAL BACKGROUND REPORTS PROVIDING EXCEPTIONS; 'IDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND FFECTIVE DATE 3/5 ce Mayor Feliu, Commissioners Bethel & Wiscombe) PY OF %NCE OF THE MAYOR AND CITY COMMISSION OF THE SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND ;S; AMENDING THE CODE OF ORDINANCES OF THE CITY MIAMT TO CREATE SEC. 2 -26.8, ENTITLED "BUDGET COMMISSION ber 16, 2001 3 REVIEW COMMITTEE "; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE PROVIDING FOR SEVERABIL'ITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE 3/5 (Commissioner Russell), 13. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND TO CONFORM WITH CHAPTER 185, FLORIDA STATUTES ;; AMENDING SECTION 16 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR POLICE OFFICERS; :AMENDING SECTION 1`6 14(A) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLETION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OF AGE; AMENDING SECTION 16 -14(C) TO REVISE THE EARLY RETIREMENT PENALTY FOR POLICE TO 3% PER YEAR; CREATING SECTION 16 -14(F) TO. PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BENEFITS; AMENDING SECTION 16 -16(C) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES AMENDING SECTION 16-19(A) TO PROVIDE THAT CITY CONTRIBUTIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, INCREASING- POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONE HALF PERCENT OF PAY, AND PROVIDING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD; AMENDING' SECTION 16-19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBUTIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION 16 -30 TO PROVIDE THAT STATE CONTRIBUTIONS SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RECEIPT; AMENDING 'SECTION 16742(B) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLETION OF TWENTY -FIVE YEARS OF' SERVICE REGARDLESS OF AGE; CREATING SECTION 16- 42(.I) TO PROVIDE A ROLLOVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE 3/'5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11- 23 -(A) (2) (3) OF THE CODE OF ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE 3/5 RESOLUTION(S)MUBLIC HEARING(S) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT REGULAR CITY COMMISSION AGENDA - October 16, 2001 4 CODE FOR A SPECIAL USE ,APPROVAL TO PLACE -A STEALTH CELLULAR 'COMMUNICATION FACILITY (FLAGPOLE) ON THE YMCA PROPERTY AT 4300 SW 58TH AVENUE, WITHIN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT. 4/5 RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING- TO THE ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT' IN- THE AMOUNT' OF $200,000 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Robaina /Commissioner Bethel) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO ENTER INTO AN AGREEMENT WITH MIAMI DADE COUNTY FOR CONSTRUCTING A TRAFFIC ROUND ABOUT AT THE INTERSECTION OF SW 65 AVENUE AND SW 61 TERRACE (TWIN LAKES DRIVE)' AND PROVIDING FOR AN EFFECTIVE DATE. (Vice Mayor Feliu) 3/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMBERLY -HORN AND ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL, DESIGN AND PERMITTING FOR THE NORTH -END DRAINAGE IMPROVEMENT, IN AN AMOUNT NOT TO EXCEED SIXTY -SEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE DOLLARS, ($67,185.00). 3/5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO INITIATE THE APPROVAL PROCESS WITH MIAMI DADE COUNTY FOR INSTALLING TRAFFIC TURN RESTRICTION SIGNS ON SW 81, 82 AND 8473 STREETS AND RED ROAD AND PROVIDING AN EFFECTIVE DATE.` 3/5 (Commissioner Russell) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO ACCEPTING THE RESULTS AND THE RECOMMENDATIONS OF THE TRAFFIC STUDY CONDUCTED BY MARLIN ENGINEERING, INC, FOR COCOPLUM TERRACE AREA 3/5 REGULAR CITY COMMISSION 5 AGENDA October 16, 2001 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF A THREE YEAR COLLECTIVE BARGAINING UNIT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294 (HEREINAFTER REFERRED TO AS AFSCME) FOR THE 2001/2002, 2002/2003 AND 2003/2004 FISCAL YEARS, AND APPROVING A COMMENSURATE INCREASE OF UP TO 7% IN DEFERRED COMPENSATION MATCHING FUND FOR SENIOR LEVEL MANAGERS PROPORTIONATELY WITH THE NEW CITY PENSION CONTRIBUTION IN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE 3/5 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; AUTHORIZING THE CITY MANAGER TO PAY` FOR AN INVOICE TN THE AMOUNT OF $15,342.72 FOR CONSULTING LABOR SERVICES, FROM ACCOUNT NUMBER 001- 1500 - 514 -3440, TITLED CONSULTING< - LABOR ATTORNEY, TO THE FIRM OF WEISS, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A., PROVIDING AN EFFECTIVE DATE. - 3/5 ORDINANCE (S) FIRST READING 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA, RELATING TO THE PERMIT FEE SCHEDULE AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92- 1501, 17- 02- 1512A, 10 -95 -1583, 18 99 -1692 AND 28 -00 -1730, INCREASING SOME PERMIT FEES, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE, 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 C01► WISSION 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 28 6.0105, "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 REGULAR CITY COMMISSION 6 AGENDA - October 16, 2001 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. . CITY OF SOUTH MIAMI INTER-OFFICE :MEMORANDUM To: Mayor and City Commission Date: October 9, 2001 Agenda Item # From: Charles D. Scurr fi�p * 0 Comm Mtg. 10 -16 -01 City Manager Re: Authorization for the City Manager to execute agreement with the MCHarry & Associates for SW 64th Street & SW 59th Place Intersection Improvement REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MCHARRY & ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE SW 64TH STREET & SW 59TH PLACE (TRAFFIC CALMING) INTERSECTION IMPROVEMENT IN AN AMOUNT NOT TO EXCEED $12,892.00. BACKGROUND: As you know, construction of this six- year -old project is about to commence soon. The project is currently out for construction bids. The pre- construction meeting was held on Thursday, October 4, 2001, bids will be received until 3:00pm Friday, October 19th 2001 and the bids Will be opened publicly at 3:05pm or shortly after, at the City Commission Chambers. This project will provide much needed traffic calming at the intersection and for the neighborhood. as a whole. Scheduled for the intersection is texture pavement, median with landscaping, pavement markings, and signage and watermain extensions. MCHarry & Associates and ,their sub- consultant (Kimley -Horn & Associates, Inc.) designed the project and we recommend that they continue providing construction engineering inspections for the project. Since this project is funded by Miami-Dade County office of Community & Economic Development (OCED), we have secured their approval of MCHarry & Associates for the project. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: • Proposed Resolution • Proposal from MCHarry & Associates • OCED Approval letter RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MCHARRY & ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE SW 64TH STREET & SW 59TH PLACE (TRAFFIC CALMING) INTERSECTION IMPROVEMENT IN AN AMOUNT NOT TO EXCEED $12,892.00. WHEREAS, the Mayor and Cityy Commission wishes to provide traffic calming improvements at the intersection of SW 64` Street and SW 59th Place, and WHEREAS, the project funding agency, Miami -Dade County Office of Community & Economic Development (OCED), has approved MCHarry & Associates for the work as part of their review process, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a Professional Services Agreement for Construction Engineering Inspection Service for SW 64" Street and SW 59th Place Improvement in an amount not to exceed $12,892.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Manager is authorized to enter into a contractual agreement with MCHarry & Associates for the professional services in connection with construction engineering inspection phase services for the SW 64th Street & SW 591h Place Improvement, in an amount not to exceed' $12,892.00. Section 2'. That the attached proposal be made a part of the resolution. Section 3: The total amount $12,892.00 will be funded through the Fiscal Year 1995 OCED Community Development Block Grant. PASSED AND ADOPTED this day of 2001. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY r —ST Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: MCHARRYASSOCIATES September24, 2001 Ajibola Balogun, REM Director of Engineering and Construction City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: 64" Street Traffic Calming Improvements Dear Mr. Balogun: We are pleased to confirm our proposal to provide engineering services during construction of this project. M. C. Harry and Associates intends to sub- contract the bulk of these tasks to KimleyHorn and Associates, Inc. KHA has been working with M. C. Harry and Associates for several years now providing us with Civil Engineeering support on projects of this nature. The fee basis will be as outlined in the KHA letter of July 12, 2001 with a 10% mark -up for administrative and project management costs. Therefore the total estimated fee estimate is as follows: KHA fee for construction phases services: $ 11,720.00 MCHarry fee: $ 1,172.00 Grand Total Estimated Fee` $ 12,892.00 Terms and Conditions shall be as outlined in the attached letter from Kimley -Horn Associates, Inc. Dated July 12, 2001. 1-1 --Y-& A-_SS0 !AT ES, IINC. Jam &AW. W1,A Agreed to this day of 2001 CITY OF SOUTH MIAMI By: Print Name and Title t >. J 0 a Q. CIOW W Z C7 Z W W _ C 6 w L. L^ 4 Cn i i Kimley -Horn hh.j = F-1- and Associates, Inc. July 12, 2001 Mr. Ajibola Balogun, REM Director of Engineering& Construction City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Scope of Services for SW 64th Street and SW 59th Place Post Design Services Dear Mr. Balogun: Kimley -Horn and Associates (ENGINEER) is pleased to submit this proposal for providing construction phase services associated with the abovereferet,ced project. This proposal is formatted into several tasks that will allow you to choose illiy combinanon or all of the proposed tasks that are outlined. Construction phase services provided by the ENGINEER can include the following items: • Pre -bid meeting • Contractor award recommendation • City council meetings related to contract award • Contract negotiations with the successful contractor • Pre - construction meeting • Attend project meetings • Perform onsite observations • Provide shop drawing review • Contract administration • Compile Record Drawings It is anticipated that construction of the above referneced project will require no more than 100 days for completion. Services will be performed in close coordination with the City: \ \STAN\V OL I \I&OJECT\?VIARKETRV\rbames \S W 64St &59Plpostdesign. doc TEL 954 739 2233 FAX 954 739 2247 ■ Suite 157 5100 N.W. 33rd Avenue Ft. Lauderdale, Florida 33309 Klmley'Ho n Mr. Ajibola Balogun, July 12, 2001, Page 2., and Associates, Inc. SCOPE OF SERVICES Task l The ENGINEER shall consult with and advise the CITY and act as its representative for the proposed street improvements during the bidding process. This task includes attendance at the pre -bid meeting and a recommendation of the lowest qualified bidder. Tasks 2 The ENGINEER agrees to attend one pre- construction meeting, and up to three (3) progress meetings (as scheduled by the ENGINEER) with the Contractor(s) to assess the project schedule and Contractor progress for the duration of the construction process. Task 3 A Resident Project Representative (RPR) will be furnished by the Consultant and shall act as directed by the ENGINEER in order to assist the ENGINEER in observing performance of the work of the Contractor(s). Thu !\PR shall make two visits to the site per month at the various stages or construction to observe the progress and quality of the executed work of Contractor(s) and to determine if such work is proceeding in general accordance with the Contract Documents. The RPR, shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). The RPR's efforts will be directed toward providing the CITY with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents. The RPR shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During such visits and on the basis of on -site observations, the Consultant shall keep the CITY informed of the progress of the work, shall endeavor to protect the CITY ,against defects and deficiencies in such work, and may disapprove or reject work if it fails to conform to the Contract Documents. The Consultant shall perform the observations in accordance with the standard of care of the profession at the time of service. The RPR agrees to prepare and submit weekly reports of the field staff describing the general working conditions, areas of construction activity, tests performed, and special and unusual events. \ \STAN \VOL I\PROJECT\MARKETIN\rbames \S W64St &59PIpostdesign.doe Klmley-Horn Mr. Ajibola Balogtm, July 12, 2001, Page 3 and Associates, Inc: Task 4 The ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the General Conditions of each construction contract) and samples and other data that each Contractor is required to submit but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (such review and approval, or other action, shall not extend to means, methods, sequences, techniques or procedures of construction, or safety precautions and programs incident hereto). The ENGINEER shall perform these reviews in accordance with the standard of care of the profession at the time of service. The ENGINEER shall consult with and advise the CITY as to the acceptability of substitute materials and equipment proposed by the prime contractor(s) hereinafter called "Contractor(s) ". Task S The ENGINEER shall issue instructions of the CITY to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required have authority, as the CITY's representative, to r quire speial inspection or testing of the work; and act as initial interpreter of the requirements of the Contract Documents pertaining to the execution and progress of the work. Task 6 Based on the ENGINEER's on -site observations and on review of applications for payment and the accompanying data and schedules, the ENGINEER shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to the CITY based on such observations and review that the work has progressed to the point indicated and that, to the best of the ENGINEER's knowledge, information, and belief, the quality of work is in accordance with the Contract Documents (subject to any qualifications stated in the ENGINEER's recommendations), and that payment of the amount recommended is due Contractor(s). \ \STAN\ VOLT\ PROJECT\ MARKETIN\ rbarnes \SW64St &59Plpostdesign.doe Klmley-Horn Mr. Ajibola Balogun, July 12, 2001, Page 4 and Associates; Inc. Task 7 The ENGINEER shall review the Project to determine if the Project is substantially complete and conduct a final review to determine if the work has been completed in accordance with the Contract Documents. If each Contractor has fulfilled all of his obligations thereunder, the ENGINEER may recommend, in writing, final payment to each Contractor and may give written notice to the CITY and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed). Any such recommendations and notice shall be subject to limitations expressed in Task 6. The ENGINEER shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)' or subcontractor(s)' agents or employees, or any other persons (except the ENGINEER'S own employees and agents) of the site or otherwise performing any of the Contractor(s)' work. However, nothing contained in Tasks 1 through 7, inclusive, shall be construed to release the ENGINEER from liability for failure to properly perform duties undertaken by him in this Contract or in the Contract Documents. FEL AND BILLE G The ENGINEER will provide the services described in Tasks 1 through 7 on a lump sum basis. Payment to the ENGINEER will be in accordance with the general services agreement. Expenses for the project such as in -house duplicating, facsimile, local mileage, telephone, postage, in -house blueprinting, computer time, and word- processing will be billed as 5.85% of the labor fee. Other direct expenses, if required, will be billed at 1.15 times cost. The fee estimate includes estimated expenses as shown. \ \STAN\V OL 1\PROJECT\MARKETMbarnes \S W64St &59Plpostdesign.doc Kimley -Horn h1b, = F1 and Associates, Inc. W. Ajibola Batogun, hdy 12, 2001, Page 5 FEE ESTIMATES FOR CONSTRUCTION PHASE SERVICES The fee estimate is based on an anticipated project duration of 100 days (approximately 15 weeks) Task 1: Bid Assistance: Project Manager 4 hours x $140.00 = $ 560.00 Engineer 3 hours x $ 100.00 = $ 300.00 Expenses $ 50.00 Task I Total $ 910.00 Task 2: Project meetings (includes pre- construction and 3 progress meetings) Project Manager 12 hours x $140.00 = $1,680.00 Engineer 3 hours x $ 100.00= $ 630.00 Clerical 2 hours x $ 50.00 = $ 100.00 Expenses $ 100.00 Task 2 Total $2,510.00 Task 3: Site visits include two visit per month (10 total site visits) RPR 40 hours x $ 70.00 = $2,800.00 Clerical 8 hours x $ 50.00 = S400:00 Expenses 1 __00.00 Task 3 Total $3,400.00 Task 4: Shop drawing review Project Manager 2 hours x $140.00 = $ 280.00 Engineer 15 hours x $100.00 = $1,500.00 Clerical 3 hours x $ 45.00 = $ 100.00 Task 4 Total $1,880.00 Task 5 and 6: Contract administration (includes project scheduling, review pay requests and contract modifications) Project Manager 10 hours x $140.00 = $1,400.00 Clerical 10 hours x $ 50.00 = $ 500.00 Task 5 and 6 Total $1,900.00 Task 7: Site inspections to evaluate substantial and final completion Project Manager 3 hours x $140.00 = $ 420.00 Engineer 6 hours x $100.00 = $ 600.00 Expenses $ 100.00 Task 7 Total $1,120.00 TOTAL FEE FOR CONSTRUCTION PHASE SERVICES $11,720.00 \\ STAN \VOL t \PROJECT \MARKETJN\rbarnes \SW 64St &59P1postdesign.doc Kimley-Horn Mr. Ajibola Balogun, July 12, 2001, Page 6 and Associates, Inc. Task V — Additional Services Upon your authorization, we will provide any additional services that may be required beyond those described in Task II through IV. These services may include but are not limited to such items as the following: • Preparation of right of way acquisition sketches or descriptions. • Redesign of the drainage system to meet additional DERM or SFWMD requirements. • Additional meetings or field visits. • Providing additional construction phase services. • Preparation of permit applications. • Making traffic counts or undertaking other traffic related analysis. SCHEDULE We will prov ale our s�ivaces as expeditiously as possible to meet the schedule developed with you for the various elements of the project. Task V services, if any, will be undertaken as directed by the client on the basis of our hourly billing rates in effect at the time the services are provided plus an amount to cover certain direct expenses for the project which would include in- house duplicating, facsimile, local mileage, telephone, postage, in -house blueprinting, word processing and cellular phone use. In addition, other direct expenses will be billed at 1.5 times costs. Kimley- Horn's computer reimbursable expenses are billed at the hourly rate of $25.00. Fees will be billed monthly based upon the percentage complete of lump sum elements or for services actually accomplished for hourly rate elements. Billing will be due and payable within 25 days_ \ \STAN \VOL 1\PROIECT\MARKETINVbarnes \S W64St &59Plpostdesign.doe Klmiey-Horn Mr. Ajibola Balogun, July 12, 2001, Page 7 bib, = F1 and Associates, Inc. CLOSURE The services described herein shall be performed as services under the general services agreement between KHA and CITY dated October 13, 2001 and shall include the addition of the matters set forth herein. If you concur in the foregoing and wish to direct us to proceed with the aforementioned services, please execute the enclosed copy of this letter agreement in the space provided and return to me. Fees and times stated in this Agreement are valid for thirty (30) days after the date of agreement by the Engineer. We appreciate this opportunity to submit a proposal. Please contact me if you have any questions. Very Truly Yours, �ND ASSOCIATED, INC. v R. Russell Barnes, ili RE Vice President RRB /ys Agreed to this day of , 2001. CITY OF SOUTH MIAMI City Manager (Print or Type Name) Attest: (Print or Type Name) \\ STAN \VOLT\ PROJECT\ MARKETINt rbarnes \SW64St &59Pfpostdesign.doc wmm MIAMI -DADE COUNTY, FLORIDA MIAMI- DADE Mr. Ralph Rosado Assistant to the City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT 140 WEST FLAG LER STREET SUITE 1000 MIAMI, FLORIDA 33130 -1561 (305) 375 -3431 FAX (305) 375 -3428 RE: Multi Purpose Center Design Phase II and the 64th Street Traffic Calming Projects Dear Mr. Rosado: This correspondence is in response to your letter of May 15, 2001 and the facsimile from Ajibola Balogun, Engineering b. and Construction Director for the City :of. South Miami requesting. approval. of subcontracts for CDBG related projects. OCED rig w pproved .these two requests to increase the, a °counts f.6r df .,igr' sl4;,c rtracts why nc °were P_, i ��ti at UV- d for the Multi Purpose Center Design Phase II and the 64th Street Traffic Calming Projects. In addition, your request to utilize a portion of these CDBG funds for Project Manager has also been approved. Please make sure that you prepare a budget modification form to reflect these changes and submit it to your Contract Officer, David Sweet, for final processing. If you have any questions regarding these or other community development issues, please contact me at (3 05) 375 -3431, or Mr. Sweet, at (3 05) 375 -3612. Sincerely, gw�� Tony E. Crapp, Sr. irector TEC /dws Attachments 0 �llA Miami -Dade County Office of Community and Economic Development To: Silvia Unzueta, Assistant Director, OCE From: Rick Glasgow, Director, CD Division CC: Zafar Ahmed, Assistant Director, CD Division Awilda Ashford, Supervisor, OCED Fiscal Section Felipe M. Rivero, III, Supervisor, Contract Management Section David W. Sweet, Contracts Officer Date: July 27, 2001 Re: Approval of Increase in Amount of CDBG funds to be Allocated for the Design of the City of South Miami's 64 Street Traffic Calming Project Sub Contract with MC Harry & Associates, Inc. Attached for your review and approval is a request by the City of South Miami to increase the amount of CDBG funds allocated to the design of the 64t' Street Traffic Calming Project. On June 7, 1999, OCED granted approval to the City of South Miami to enter into sub contract agreement with MC Harry & Associates, Inc. for the design of its 64U' Street Traffic Calming Project for an amount not to exceed $23,925. Due to delays in the project, the design work required changes and additional tasks that have caused the need for additional funds to be allocated to this effort. The City of South Miami now requests that an additional $16,100 be approved for payment to MC Harry for design of this project. It is therefore recommended that approval be granted to the City of South Miami -to increase the amount of the CDBG allocation for design of the 64th Street Traffic Calming Project with MC Harry & Associates, Inc. to $39,925 (an increase of $16,100). Uz 01 Approved Date . Disapproved Date 1 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and City Commission Date: October 9, 2001 From: Charles D. Scurr City Manager REQUEST: Agenda Item # 4r - fo*e Comm Mtg. 10 -16 -01 Re: Authorization to execute Professional Service Work Order for Water Main Extension Phase 111 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL, DESIGN & PERMITTING, BID PHASE AND BID PHASE FOR THE WATER MAIN EXTENSION PHASE 1B, IN AN AMOUNT NOT TO EXCEED EIGHTY -ONE THOUSAND SEVEN HUNDRED DOLLARS, ($81,700.00) TO BE CHARGED TO ACCOUNT NO. 001 -0000-132-2055. BACKGROUND: This project will fulfill the City's intent to provide portable drinking water and fire protection to the residents in the area specified. The boundaries of Phase IA are defined as; SW 75th Terrace from SW 65th Court to SW 67th Avenue, SW 77th Terrace from SW 66th Avenue to SW 67th Avenue, SW 78th Terrace from Manor Lane to SW 67th Avenue, SW 65th Court from SW 74th Terrace to SW 75th Terrace, SW 68th Court from SW 72" d Street to SW 75th Street. The residents within these areas currently use well water as drinking water. Fire hydrants are not available for fire protection. This project will provide the much - needed drinking water and fire protection along each street. This project will be funded from the 2001 State Legislative Appropriations. Corzo Castella Carballo Thompson Salman, P.A. is one of the City's approved Professional General Engineering Consultants. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. Page 2 of 2 Agenda Item... Oct. 8, 01 ATTACHMENTS: • Proposed Resolution • Professional Engineering Services Work Order • Map of the proposed Phase 1B area • Estimated Material Quantities RESOLUTION No.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL, DESIGN & PERMITTING, BID PHASE AND BID PHASE FOR THE WATER MAIN EXTENSION PHASE l B, IN AN AMOUNT NOT TO EXCEED EIGHTY -ONE THOUSAND SEVEN HUNDRED DOLLARS, ($81,700.00) TO BE CHARGED TO ACCOUNT NO. 00 1 -0000- 132-205 5. WHEREAS, the City Commission of the City of South Miami, Florida, wishes to continue the portable drinking water main extension and fire flow protection project; and WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of Corzo Castella Carballo Thompson Salman, P.A., to provide route survey, geotechnical services, design & permitting and bid phase services for Water Main Extension - Phase I B; and WHEREAS, the streets within the boundaries of Phase 1A are defined as; SW 75th Terrace from SW 65th Court to SW 67th Avenue, SW 77th Terrace from SW 66th Avenue to SW 67th Avenue, SW 78th Terrace from Manor Lane to SW 67th Avenue, SW 65th Court from SW 74th Terrace to SW 75th Terrace, SW 68th Court from SW 72nd Street to SW 75th Street; and WHEREAS, the Water Main Extension — Phase 1B is funded through the 2001 State Legislative appropriation funds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1: The City Manager is authorized to enter into a contractual agreement with Corzo Castella Carballo Thompson Salman, P.A. for the professional services in connection with route survey, geotechnical services, design & permitting and bid phase for the 'Water Main Extension — Phase 1B project, in an amount not to exceed $81,700.00. Section 2: That the attached proposal, Professional Service Work Order, be made a part of the resolution. Section 3: The total amount $81,700 will be drawn from the account number 001 -0000- 132 -2055. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY • Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Attention: W. Ajibola Balogun, Director Project Name: Water Main Extension -Phase 113 CHS File 1929 -00 Funding Source: FDEP Water Advisory Panel Description of Project: EB0005022 AAC002 t 42 This project consists of improvements to the Water Distribution System for areas of the City of South Miami that presently are lacking adequate water service and fire protection. A contractor selected under the City's competitive bidding process will install the water mains for the City of South Miami. After completion, the system will be conveyed to the i,?rl- ;lead;.Wa+; Department (WASD). Operation and Maintenance of the extended'Wat.,r Distri artioa System will be by WASD. Phase 1B of this project consist of the installation of approximately 3,390` lineal feet (0.6 mile) of eight inch (8 ") diameter, ductile iron water mains and new service lines from the water main to the existing meters. Also, this project will install fire hydrants to provide fire protection as required to meet Miami -Dade County standards. The estimated cost of the project is approximately $400,000 to be funded in part by State appropriations (Year 2001 FDEP Water Advisory Panel recommendation). The follov 1. 2. 3. 4. 5. 6. ping street segments are included in Phase 2 of the Project: SW 75th Terrace, from SW 65th Court to SW 67th Avenue (630 LF) SW 77th Terrace, from SW 66th to SW 67th Avenue (340 LF) SW.78th Terrace, from Manor Lane to SW 67th Avenue (800 LF) SW 79th Street, from Manor Lane to SW 67th Avenue (440 LF) SW 65th Court, from SW 74th Terrace to SW 75th Terrace (260 LF) SW 68th Court, from SW 72nd Avenue to SW 75th Street (920 LF) This Work Order provides for the required professional services during the Design, Permitting and Bid Phase of the project, including Route Surveying, Geotechnical Services, providing a Design Report, preparation of Construction Documents and Specifications (Project Manual), and provides for limited assistance during the Bid Phase leading to the recommendation of the award of contract to the successful Bidder, as outlined in the Scope of Services. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer Professional Services Work Order July 13, 2001 Page Z Scope of Services and Schedule of Fees: 1.0 ENGINEERING ROUTE SURVEY: 1.01 Location Survey / Onsite data collection 1.02 Topographical Survey (Cross Section at 50 feet interval maximum) 1.03 Establish horizontal and vertical control (Bench Marks) 1.04 Coordination of Survey Work The fee for Engineering Route Survey Phase of the project will be a Lump Sum amount of Thirteen Thousand Three Hundred Dollars ($13,000.00). 2.0 GEOTECHNICAL SERVICES: 2.01 Perform required Auger Boring to a depth of 10 feet minimum (8 locations) 2.02 On -site utilities location and coordination 2.03 Coordination of Geotechnical Work The fee for Geotechnical Service Phase of the project will be a Lump Sum amount of One Thousand Five Hundred Dollars x$1,_0.0.0 DESIGN AND PERMITTING PHASE: 3.01 Attend "kick -off' meeting and coordinate with City of South Miami, Engineering & Construction Department. 3.02 Perform and submit a distribution system study and design (Limited to project area), including engineering calculations. 3.03 Prepare design plans for the Water Distribution System to include roadway resurfacing. 3.04 Provide technical criteria and assist the City of South Miami with the preparation of applications to obtain permits from applicable regulatory agencies with jurisdiction over the project. 3.05 Provide updated Engineer's Opinion of Probable Total Project Cost. 3.06 Prepare Construction Contract Agreement & Design Specification Document (Project Manual). 3.07 Furnish 95% complete plans and Project Manual, present and review the project with the City's Engineering & Construction Director. 3.08 Furnish 12 copies of final plans and Project Manual to the Engineering & Construction Department. The fee for the Design and Permitting Phase of the project will be a Lump Sum amount of Sixty Three Thousand Two Hundred Dollars ($63,200.00). This amount includes normal reimbursable expenses such as printing and furnishing twelve (12) copies of the Project Manual. \ \C3TS1 \Enviromenta1\1929_South MiamilWater Main Expansion- Phase 11WO Phase 1 B Revised.doc Professional Services Work Order July 13, 2001 Page 3 4.0 BID PHASE: 4.01 Provide bid advertisement documents, respond to bidders' questions and attend pre =bid conference. 4.02 Prepare addenda to Bid Documents, if required by the Engineer to clarify the requirements of the Bid Documents. 4.03 Tabulate and evaluate bids received, check references of the responsible lowest bidder and make recommendation for award. The fee for the Bid Phase of the project will be a Lump Sum amount of Four Thousand Dollars ($4,000.00). The maximum fee authorized for all of the services listed by this Work Order is Eighty One Thousand Seven Hundred Dollars ($81,700.00), including Value Added Services and normal reimbursable expenses. Permit fees are not included. If acceptable to you, we will accept a signed copy of this Work Order as your written authorization to proceed with this assignment. Thank you for the opportunity to be of service to the City of South Miami. Sincerely, Corzo l- .,t6teii <_ Carliail6 +Thompson Salman, P.A. Jorge E. orzo,P.E. President CITY OF SOUTH MIAMI Approved by: Signature Date Title \ \C3TS1 \Enviromenta111929_South Miami \Water Main Expansion- Phase 1 =0 Phase 1B Revised.doc ]F4 -- -------- - - - - -- 76 1 1 b wm I. {c 7700 I 7N5 i 688, 8767 , 7718 i 7740 ; -- ---` -- 1 T mi + VI-7 7750 1 I5 7]90 1 1 7800 I ww A em 7871 I , 78`A ' M, I ' 8881 0861 7910 1 1 f l 6925 I 6880 6870 686T I 1 I Z ' 1 1 atyof South Miami WATER MAIN EXTENSION - PHASE I MASTER PLAN 731*0 7390 7391 , � ffXb� E11. `g �Ff 39 oa 1 6l 6730 d d 67m sm 6750 II n 3 0 4 �; H 6511 8w1 6551. E%3. 1, 7511 1 11 V �T 11 „ X90 11 7591 66" ffim 65m LiLL� Li Il 8 ,1 I. '1 I 1, I, II I' g/g5 6775 6165: 6747 BT3i 7710 `' TN9 6621 E611 i 77A 11 jg M 7747 sm X00 8792 6m 6762 6744 6730 "M 7730 570 �0 7740 u 318 BYI] 6191 6777 fi761 6747 0 0 671] 6717 �,0 C� 0615 m, �ma— " — {-- 11+ 7630 13 550, 12 f&0 6792 0 6780 6770 6763 6744 6740 " 6696 %29 6610 6556 6541 i 7s4o 7651 7850 7841 c M` 7�1 asz 661, 6557 5551 II " K 11 7854 mm 7850. 76 78554 53 11 - - - -- D `s- E' 7w, 7662 7862 7681 78W 11 II �1 �, 7912 7902 7N1 7902 7901 11 6791 6761 6741 6711 u 7 G W�E City of South Miami - WATER MAIN EXTENSION, PHASE IB ESTIMATED MATERIALS QUANTITY Streets Length No. of homes to service 8" GV Fire Hydrants F 830 15 2 2 G 250 1 2 1 H 600 8 2 2 f 650 9 1 1 K 400 ' 1 1 1 Sub-Total: 2,730 34 8 7 5 % margin of err 137 Grand Total: 2,867 Legend: F SW 78 Terrace between SW 65 Place and SW 67 Avenue G SW 75 Terrace between SW ,65 Court and SW 67 Avenue H SW 65 Court between SW 74 Terrace and SW 75 Terrace 1 SW 68 Court between SW 72 Street and SW 75 street K SW 79 Street between SW 66 Avenue and SW 67 Avenue CITY OF SOUTH MIAMI INTER. - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 16, 2001 rmvn ` FROM: Charles D. SUBJECT: Agenda Item # City Mana PUBLIC WORKS DEPARTMENT - Open Purchase Orders to Various Vendors REQUEST The attached resolution seeks the approval of open purchase orders ( "open PO's) for vendors used by several divisions of the Public Works Department. BACKGROUND Open PO's are extremely useful in helping to expedite the purchasing -process by avoiding repeated solicitation of price quotes for each individual purchase over $200.00. These delays have an adverse impact on service delivery in all areas of Public Works operations. Furthermore, the administrative effort and paperwork required to obtain these quotes are unnecessary given the consistent history of low bid pricing exhibited by many repeat vendors. ANALYSIS Historically, the vendors listed in the attached resolution have been shown to offer the most competitive prices based on the low bid quote procedure applied over the past 12 to 18 months. The Public Works Department has been satisfied with the quality of the products /services and the speed of delivery provided by these vendors. Most of the vendors listed below have been previously approved for open PO's based on their recent history of providing the lowest price, high product/service quality. \continued... MAYOR AND COMMISSION December 5, 2000 PAGE TWO American Genuine Miami -Dade County Bid. No. 1070- 3 102 -TR -CW This vendor supplies automotive parts for the equipment maintenance shop and provides parts not available at other vendor. Martino Tires State Bid No. 863- 000 -99 -1 Provides tires for all cityvehicles. Tropical International Miami -Dade County Bid. No. 1070- 3 102 -TR -CW This firm provides automotive parts for the Motor Pool division with very competitive pricing. Tropical demonstrated quick response time and reliable inventory stock. Coral Gables/Lincoln Warranty deductibles /dealer items Mercury The only authorized Ford parts dealer within reasonable distance of Public Works. CG Lincoln Mercury provides warranty service for our entire Ford sedan fleet, including the marked and unmarked police cars; the sedans assigned to senior administrative staff, and spare cars. They have consistently provided responsive and low -cost service to the City for a number of years. For convenient delivery and pickup of "genuine Ford parts ", no other establishment can provide equal service due to their proximity. Speedy Transimission Miami -Dade County Bid. No. 2616 -3 1105 -TR -CW Provides transmission repairs for standard and automatic including clutch assemblies and parts. General Welding GSA Procurement Management Bid. No. 0439 - 0100 -4 Provides welding and repairs services to all city heavy equipment vehicles. The following vendors were chosen based on a three quote solicitation: Amerilumber In addition to offering the lowest prices on most products, this hardware vendor offers an extensive product line of inventory. Its proximity to Public Works, (several blocks) and prices comparable to Home Depot and similar vendors make it an ideal source for our significant hardware/building supply needs. Cosgrove This vendor is used for janitorial supplies, including cleaning fluids and paper products. \continued... MAYOR AND COMMISSION October 16, 2001 PAGE THREE The remaining balances in the accounts associated with the open PO's are as follows: 1710 -519 -4670 Building Maintenance Division — Maintenance & Repairs $42,500.00 1710 -519 -5210 Building Maintenance Division — Supplies $ 1,475.00 1760 -519 -4680 Motor Pool Division— Outside Services $43,000.00 1760 - 519 -5240 Motor Pool Division Parts $40,037.00 1760 - 519 -5250 Motor Pool Division - Tires $ 8,000.00 The amounts for each vendor's open PO and accounts are listed in Attachment A. CONCLUSION Open PO's are used extensively by government at all levels because they significantly enhance operating efficiency and the quality of service delivery. Approval is recommended. Motor Pool Division VENDOR NAME AMOUNT ACCOUNT NO. American Genuine Auto Truck $6,000 1760 -519 -5240 Coral Gables Lincoln Mercury $10,000 1760- 519 -5240 General Welding $6,000 1760 -519 -4680 Martino Tires /Goodyear $17,000 1760- 519 -5250 Speedy Transmission $10,000 1760 - 519 -4680 Tropical International $7,000 1760 -519 -5240 Building Maintenance Division VENDOR NAME AMOUNT ACCOUNT NO. Amerilumber $6,000 1710- 5194670 Cosgrove $8,500 1710- 519 -5210 ATTACHMENT A I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING 5 THE CITY MANAGER TO ISSUE OPEN PURCHASE'' ORDERS TO VARIOUS 6 VENDORS THAT HAVE BEEN DETERMINED TO OFFER THE BEST PRICES 7 ON GOODS AND /OR SERVICES AND APPROVING THE DISBURSEMENT OF 8 FUNDS TO PAY FOR THESE GOODS /SERVICES FROM APPROPRIATE 9 ACCOUNTS AS APPROVED IN THE CURRENT FISCAL YEAR'S BUDGET. 10 11 12 WHEREAS, as part of its centralized purchasing procedures, the City Administration has 13 implemented an open purchase order system to facilitate acquisition of goods and/or services, and; 14 15 WHEREAS, for internal control reasons, the City Manager is recommending that the open 16 purchase orders be issued to vendors that have been determined to offer the best price and services, and; 17 18 WHEREAS, by means of competitive bid solicitation, the City Administration has determined that 19 the vendors listed in "Attachment A offer the best prices and product quality on their respective goods 20 and/or services. 21 22 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY 23 OF SOUTH MIAMI, FLORIDA that: 24 25 Section 1. The City Manager is authorized to issue open purchase orders for the listed amounts to 26 the vendors listed in Attachment A attached hereto. 27 28 Section 2. The disbursement of funds to pay for the open purchase orders will be charged to the 29 appropriate divisional accounts, as listed in Attachment A attached hereto. 30 31 Section 3. This resolution will be effective immediately upon approval. 32 33 34 PASSED AND ADOPTED this 16th day of October, 2001. 35 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY 47 48 11/01/1333 11:13 ol 1� 305EE87208 FUBL_G' WORKS t axt C O N T R A C T A W A R D DADE COUNY BID NO. 1070- 3 /02 -TR-CW PAGE 05 NAME OF BID: AUTOMOTIVE PARTS 8E ACCESSORIES CONTRACT PERIOD: MAY 20, 1997 THROUGH MAY 19, 1998 _ COMMODITY CODE: 60-00 1 TERM OF CONTRACT: OPTION TO RENEW ON A YEAR= TO•YEAP, 8AS1S UNTIL FEBRUARY 28, 2002 - METHOD OF AWARD: LOWEST FIXED PRICE t SECTION #1 VENDORS AWARDED VENDOR NAME AP5, INC. PAPCO AUTO PARTS S. AUTOMOTIVE PARTS M MACHINE STREET: 6966 SW 4TH STREET 80 WEST MOWRY DRIVE 13517 SW 136TH STREET CITY /STATE/ZIP; MIAMI, FL 33144 HOMESTEAD, FL 33030 MIAMI, FL 33186 CONTACT PERSON: MARIO RODRIGUEZ BUFORD MOORE TERRY PERRIN PHONE A+; (305) 267.0925 (305) 248.9666 (305) 238 -2100. FAX N; (954) 524 -2242 (305) 248.9089 (305) 232 -2570 TERMS: 2% 10 DAYS, NET 30 NET 30 2% 1 S' DAYS /NET 30 DELIVERY: AS NEEDED AS NEEDED AS NEEDED VENDRO NAME SUNSHINE AUTOMOTIVE TROPICAL INT. MARC INDUSTRIES STREET: 1 125 NW 71 ST STREET 351 O NW 60 ST, �, 7220 NW 43RD STREET CITY/STATE/ZIP.- MIAMI, FL 33150 MIAMI, FL 33142-- MIAMI, FL 33166 CONTACT PERSON. SCOTT R. MARTINEZ NEIL VODOFSKY DANIEL MARTIN PHONE N: (30S) 836 -4779 (305) 633 -7575 (305) 599 -6272 FAX #: (305) 836 -0581 (305) 638.0849 (305) 599 -0687 TERMS: NET 30 NET 30 NET 30 DELIVERY: AS NEEDED AS NEEDED AS NEEDED VENDOR NAME: STREET: GENUINE PARTS CO.,,/ 9250 "58TH ' SaCH DISTRIBUTORS �.v AMERICAN GENUINE NW STREET 7754 NW 54TH STREET 2777 NW 54TH STREET CITY /STATE/ZIP; MIAMI, FL 33178 MIAMI, FL 33166 MIAMI, FL 33142 CONTACT PERSON: CLIFF CHRISTOPHER PAUL E. SOST JUSTO L DIAZ; PHONE #: '(305) 599 -2629 (305) 592 -1747 (305) 638 -5020 FAX #: (305) 599 4876 (305) 477 -6833 (30S) 638 -2052 TERMS: 2% -10TH /NET 20 2 % -10 DAYS /NET30. NET 30 DELIVERY: AS NEEDED AS NEEDED AS NEEDED VENDOR NAME: ELECTRIC SALES 8I SVC BRAKE SVC & EQUIP. JACK LYNS TRUCK PARTS "K STREET: 340 NE 75TH STREET 3235 NW 41ST STREET 8482 NW 96TH STREET CITY /STATE/ZIP; MIAMI, FL 33238 MIAMI, FL 33142 MEDLEY, Fll 33166 CONTACT PERSON: RAY IBBER50N MOHAMED OMRAN PATRICK11YONS PHONE #: (305) 754 -8646 (305) 635.6521 (305) 884 -4222 FAX 1: (305) 754 -6398 (305) 635 -4258 (305) 885 -6168 TERMS: 2% -10 DAYS /NET 30 NET 10 NET 30 DELIVERY: AS NEEDED AS NEEDED AS NEEDED GSA CONTRACT AWARD SHEET GSA, PROCUREMENT MANAGEMENT DIVISION ADDITIONAL VENDORS MAY BE ADDED AS THE COMPLY WITH REQUIREMENTS BPO ID # ABCW000056-2 BID NO.: 0439 - 0/00 -4 1. W Previous Bid No.:0439- 0/00 -3 TITLE: Heavy Equipment Welding and Fabrication COMMODITY CODE NO.: 91076 OTR YEARS: four(4) CONTRACT PERIOD: 02 -01 -00 through 01 -31.01 AWARD BASED ON MEASURES: ❑ YES X NO p PROCUREMENT AGENT: ❑ Set Aside ❑ Goal Local Preference ❑ Prevailing Wages (Reso. 90 -143) PART #1: VENDOR AWARDED ) 591573482 F.E.I.N.: 59136765201 VENDOR: B & B Welding STREET: 6995 NW 32 Avenue CITY /STATE/ZIP: Miami, Fl. 33149 F.O.B. TERMS: Destination PAYMENT TERMS: N /30 DELIVERY: As Required TOLL FREE PHONE # PHONE: 305 696 -3621 FAX: 305 693 -1602 E -MAIL: CONTACT PERSON: Boyd Woodard F.E.I.N.: 591573482 VENDOR: General Welding Services STREET: 8115 NW 56 Street CITY /STATE/ZIP: Miami, Fl. 33166 F.O.B. TERMS: Destination PAYMENT TERMS: N 130 DELIVERY: As Required TOLL FREE PHONE # PHONE: 305 592 -9483 FAX: 305 591 -8540 E -MAIL: CONTACT PERSON: Jose Cid ® SR. PROCUREMENT AGENT: ❑ Bid Preference ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ CSBE Level GSA, PROCUREMENT MANAGEMENT DIVISION AWARD SHEEIckw y-- --363- 000 -99 -1 = Tires 863- 000 -99 -1 ___ __ 3, /} D :_y^ 3/14 Certification Special Conditions Price Sheet Orderi Instructions Complete Contract State Contracts %lain Index Contractors: Ordering Information Vendor URL The Goodye r Tire _& Rubber Como-any Apopka Thru Davie Daytona. Beach Thru_ Englewood Ft. Lauderdale Thru Inverness Jacksonville Thru Merritt Miami Thru-Orange--park Orlando Thru Sunrise Tallahassee Thru Zephyhills tii. ;tti ; \ ;ix: ; One -Stop Purchasing Password AccountStatus HELP Please .,end omments or questions to State Purebasin http://ttn.state.fl.us/st—contracts/86300099 I/ 11/2/99 ne Goodyear Tire and Rubber Company The Goodyear Tire and Rubber Company ORDERING INSTRUCTIONS STATE AGENCY PURCHASES SHOULD BE DIRECTED TO: Page I of 2 SPURS VENDOR NUMBER: E-340253240 (and the sequence code for the local distributors SPURS users oply and thelocal distributors REMIT TO: CITY, STATE, ZIP THE GOODYEAR TIRE & RUBBER COMPANY (A P.O.-Box 2 77 809,-, Atlanta GA 30384 -7809 (Non Contract repairs such as balancing invoiced locally LOCAL GOVERNMENT PURCHASES SHOULD BE DIRECTED TO: Local Distributor (Se Distributor Listin, I _gj Local Distributor . will invoice local governments THE GOODYEAR TIRE & RUBBER COMPANY NV'ILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD PRODUCT INFORMATION AND CUSTOMER SERVICE- TELEPHONE- Michele Kent, (904) 419-62401 Pat Martin, _(-904)4_I9_-62.0_4' VENDOR:. THE GOODYEAR TIRE & RUBBER COMPANYAA) STREET ADDRESS OR P.O. BOX: 7825 BAYMEADOWS WAY, SUITE 310A ------------ CITY, STATE, ZIP:, JACKSONVILLE, FL32256 FAX NO. -_(9_041.4_19-6244 CONTRACT ADMINSTRATOR NAME AND TITLE: Don Luebben, -Contract Manner, Government Sales & Marketint ADDRESS: 1144 E. Market Street - - D/709 CITY, STATE, ZIP: Akron. Ohio 44316-0001 TELEPHONE - - _h6-4352 fax (330)796-8'89 http://tcn.state.ti.us/st-contracts/86300099I/order].htm 11/2/99 ..vriami Thru Orange Park Miami Thru Orange Park A 1 Tire & Auto Service Corp 4601 NW 199th St Miami, FL 33054 -1508 F & D Tire Center 11980 SW 8th St Miami, FL 33184 -1633 Garcia Tire Inc 10190 Flagler St Miami, FL 33 174 -1830 Goodyear Comm Tire & Service Center 3045 NW 119th St Miami, FL 33167 Martino Tire Co (Downtown) 1495 NE 2nd Ave Miami, FL 33132 -1307 Martino Tire Company (Corp) 7145 SW 8th St Miami, FL 33144 -4696 Martino Tire Company 7930 NW 36th St Miami, FL 33166 Martino Tire Company 7400 SW 50th Terr, Ste 206 Miami, FL 33155 -4465 Martino Tire Company ( Warehouse) 2525 NW 82nd Ave httpl /tm state. fl. us/st—contracts/86300099 I /order6. htm Page 1 of 5 2400 Dade 305/621 -1935 Manuel Pozo 2400 Dade 305/551 -6911 Ernie Fernandez 2400 Dade 305/554 -6566 Rene Garcia 2589 Dade 305/625 -3500 Peter Bernstein 2400 Dade 305/536 -1139 Tony Martino 2400 Dade 305;261 -6071 Andv,'Sal Martino 2400 Dade 305/593 -1870 Andy: /Sal Martino 2400 Dade 305 666 -3326 Eddie Martino 2400 Dade 305/591 -1238 11/2/99 Page 2 of 2 Sep 16 01 01:29p p.1 MIAMI -DAbE COUNTY BLANKET PURCHASE ORDER BPO ID: ABCW0100772 PRINT DATE: 06/05/2001 PAGE: 01 REPRINT OF PREVIOUSLY ISSUED BPO VENDOR ID: PRIME VENDOR SET ASIDE : MULTI- VENDOR BPO SUBVENDOR GOAL : 00% PRIME VENDOR COM14ITMENT: 00% SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: PLASENCIA., CARLOS ITB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT D5/31/2003 1,005,000.00 BID NUMBER 2616 -3/05 PRE - QUALIFIED VENDORS FOR MULTI -- VENDOR JPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS 591395934 01 PITTS ENGINE & TRANSMISSION INC NET30 650497969 01 E A B INVESTMENTS INC NET30 DBA'SPEEDY TRANSMISSION ITEM COMMODITY ID U/M UNIT COST 1 060 -94 LO TRANSMISSIONS, STANDARD AND AUTOMATIC INCLUDING CLUTCH ASSEMBLIES AND PARTS -- ---- - - - - - -- -------- - - - - -- END OF ITEM LIST ----------------------------- 11l01r1��9 11:13 3056Ec7208 PUBL:G WOFKS PAGE 05 u Jaf 4niami C O N T R A C T A W A RD' DADE COUNY BID NO. 1070- 3 /02 -TR -CW - NAME OF BID: AUTOMOTIVE PARTS 8I ACCESSORIES 1 125 NW 71ST STREET CONTRACT PERIOD: MAY 20, 1997 THROUGH MAY 19, 1998' --,, COMMODITY CODE: 60-00 SCOTT R. MARTINEZ PHONE #: TERM OF CONTRACT: OPTION TO RENEW ON A YEAR -TO -YEAR BASIS UNTIL FEBRUARY 28, METHOD OF AWARD: LOWEST FIXED PRICE TERMS: !2!!,2/1 SECTION #1 VENDORS AWARDED AS NEEDED — - VENDOR NAME APS, INC. PAPCO AUTO PARTS S. - AUTOMOTIVE PARTS 8t MACHINE STREET: 4966 SW 4TH STREET 80 WEST MOWRY DRIVE 13517 SW 136TH STREET CITYISTATE/ZIP; MIAMI, FL 33144 HOMESTEAD, FL 33030 MIAMI, FL 33186 CONTACT PERSON: MARIO RODRIGUEZ BUFORD MOORE TERRY PERRIN PHONE : (305) 267 -0925 (305) 248 -9666 (305) 238.2100 FAX #: (954) 524 -2242 (305) 248.9089 (305) 232 -2570 TERMS: 2% 10 DAYS, NET 30 NET 30 2% 1 S DAYS /NET 30 DELIVERY: AS NEEDED AS NEEDED AS NEEDED VENDRO NAME SUNSHINE AUTOMOTIVE STREET: 1 125 NW 71ST STREET CITY /STATEIZIP. MIAMI, FL :33150 CONTACT PERSON: SCOTT R. MARTINEZ PHONE #: (305) 836.4779 FAX 11: (305) 836 -0581 TERMS: NET 30 DELIVERY: AS NEEDED VENDOR NAME: GENUINE PARTS CO.'t%" STREET: 9250 NW 58TH STREET CITY /STATE/ZIP; MIAMI, FL 33178 CONTACT PERSON: CLIFF CHRISTOPHER PHONE A. (305)' 599 -2629 FAX #: (305) 394 4876 TERMS: 2 % -1 OTH1 NET 20 DELIVERY; AS NEEDED VENDOR NAME: STREET: CITY /STATE/ZIP; CONTACT PERSON: PHONE #-. FAX f: TERMS: DELIVERY: ELECTRIC SALES aL SVC 340 NE 75TH STREET MIAMI, FL 33238 RAY IBBERSON (305) 754 -8646 (305) 754 -6398 2%- 10 DAYS /NET 30 AS NEEDED TROPICAL INT. ry 3510 NW 60 ST, MIAMI, FL 33142" NEIL VODOFSKY (305) 633.7575 (305) 638 -0849 NET 30 AS NEEDED SatH DISTRIBUTORS 7754 NW 54TH STREET MIAMI, FL 33166 PAUL E. SOST (305) 592 -1747 (305) 477 -6833 2 %•10 DAYS /NET30 AS NEEDED BRAKE SVC at EQUIP. 3235 NW 41ST STREET MIAMI, FL 33142 MOHAMED OMRAN (305) 635 -6521 (305) 635 -4258 NET 10 AS NEEDED MARC INDUSTRIES 7220 NW 43RD STREET MIAMI, FL 33166 DANIEL MARTIN (305) $99 -6272 (305) 599 -0687 NET 30 AS NEEDED r" AMERICAN GENUINE 2777 NW 54TH STREET MIAMI, FL 33142 JUSTO L. DIAZ (305) 638.5020 (305) 638 -2052 NET 30 AS NEEDED JACK LYNS TRUCK PARTS - ? 8482 NW 96TH STREET MEDLEY, FL 33166 PATRICK LYONS (305) 884 -4222 (305) 885.6168 NET 30 AS NEEDED w EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH DOZEN DOZEN DOZEN EACH EACH EACH EACH 1000 /CASE 1000 /CASE 200 /CASE 250 /CASE $ MISC. SUPPLIES BR2026 MAIDS BROOM (MIXED) DR9100 LARGE ANGLE BROOM MH1024 #24 COTTON MOPHEAD MH2O24 #24 RAYON MOPHEAD CT0174 MAIDS CART W/ VINYL BAG CT320OG 32 GALLON GRAY HUSKEE CT4444G 44 GALLON GRAY HUSKEE CT20631Y MOP BUCKET W/ WRINGER CT0124SY SPANISH /ENGLISH WET FLOOR SIGN CT0812 LOBBY DUSTPAN CT0932 32 OZ SPRAY BOTTLE CT0922HL TRIGGER SPRAYER CT7101 B 4 OZ URINAL BLOCK CT7103B 3 OZ URINAL BLOCK CT0165 URINAL SCREEN W/ BLOCK IB1823 BOWL BRUSH WL1000 BOWL SWAB WL0011 SMALL TURKEY FEATHER DUSTER HD2604 60" METAL THREADED HANDLE 83042 HOT /COLD PAPER CUPS W /HANDLE LINERS L15015 24 X 33 CLEAR BLACK LINER 6 MIC L15055H 38 X 60 CLEAR LINER 13 MIC L15044H 40 X 48 CLEAR LINER 13 MIC GLOVES GL4020 MEDUIM LATEX GLOVES GL4030 LARGE LATEX GLOVES GL8440M MEDUIM YELLOW LATEX GLOVES GL8440L LARGE YELLOW LATEX GLOVES EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH DOZEN DOZEN DOZEN EACH EACH EACH EACH 1000 /CASE 1000 /CASE 200 /CASE 250 /CASE $ 2.80 $ 3.50 $ 1.80 $ 2.25 $ 79.80 $ 15.50 $ 23.40 $ 38.00 $ 10.50 $ 8.25 $ 0.33 $ 0.53 $ 4.55 $ 3.25 $ 14.95 $ 1.85 $ 0.85 $ 2.95 $ 1.85 $ 36.47 $ 12.95 $ 13.20 -- $ 14.00 100 /130X $ 6.95 100 /BOX $ 6.95 DOZEN $ 7.90 DOZEN $ 7.90 le 16000 N. W. 49th Avenue, Miami, Florida 33014 (305) 623 -6700 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 ITEM DESCRIPTION PACKED PRICE CHEMICALS CG2002 ELITE PINK LOTION HAND SOAP 4/1 GALLONS $ 14.80 CG1802 ELITE PINE CLEENER 4/1 GALLONS $ 9.95 CG2502 ELITE GLASS CLEANER - 411 GALLONS $ 9.88 CG1402 ELITE ALL PURPOSE CLEANER 4/1 GALLONS $ 10.65 CG1502 _ ELITE HEAVY DUTY DEGREASER 4/1 GALLONS $ 9.90 GJ9128 PINK -N -CLEAN HAND SOAP 12/800 ML $ 27.50 TP900 BLEACH 4 /GALLONS $ 3.95 AP135 LEMON FURNITURE POLISH 12/20 OZ $ 24.80 AR141 STAINLESS STEEL CLEANER (OIL BASE) 12/20 OZ $ BE0791 AF79 NON ACID BOWL CLEANER 4/1 GALLONS $ 33.85 19.80 BE1545 AX -IT PLUS STRIPPER 5 GALLONS $ 34.15 BE6105 H1 -TECH FLOOR FINISH 5 GALLONS $ 43.95 BE2270 BEST SCENT 12 /QTS $ 38.60 BE3151 AF 315 DISF /DET /DEO 4/1 GALLONS $ 23.00 BE1351 MAD DUAL ACID DETERGENT 4/1 GALLONS $ 31.80 FLOOR PADS COLORS: WHITE, RED, GREEN, BLACK NATURAL 3M 17" FLOOR PADS 5 /CASE $ 14.00 3M 19" FLOOR PADS 5 /CASE $ 16.85 3M 20" FLOOR PADS 5 /CASE $ 19.00 PAPER PA 1616 TOILET TISSUE 2 PLY 96/500 $ PA1$63 JR. JUMBO 2 PLY TOILET PAPER 12/1000' $ 24.55 — --- PA1824 WHITE MULTIFOLD TOWEL 25.90 PA495 WHITE C -FOLD TOWEL 14/286' $ 15.70 --- 35501200 TALLFOLD DISPENSER NAPKINS 16/150 $ 16.50 10,000 /CASE $ 32.40 SANITARY SUPLLIES PP0004 #4 SANITARY NAPKINS 250 /CASE $ PP0500 TAMPAX TAMPONS 28.00 PP0077 SANITARY WAXED LINERS 500 /CASE $ 54.20 500 /CASE $ 19.00 oil ME oil III ., . , ii i �■ iii ��ai��o�r�� IT u� men 1�1 1 Mimi g + <:ss55�afBEe �Fe. South Miami F o n d a Aff- 2001 CITY OF SOUTH MIAMI To Mayor and Commission Dater October 16, 2001 From: Earl G. Gallop Agenda Item I City Attorney Commission Meeting August 21, 2001 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney for the period ending September 30, 2001 in the total amount of $7,319.80: The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 1,000.00 $ 177.50 Account # 1500 -514 -3435 Professional Services - $ 3,000.00 $ 1,007.85 Account # 608 - 1910 - 521 -31`00 CRA Fund — General Legal $ $ Account #610 -1120- 554 -3415 Code Enforcement Account #1500- 514 -3452 $ 5,986.34 $ Telecommunications Account #1500- 514 -3420 $ 7,000.00 $ 14.0.00 Legal Services Non Retainer $ 7,000.00 $ 5,994.80 Account # 1500 -3410 A detailed Billing Statement is attached. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 5 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 6 FIGUEREDO, P.A. IN THE AMOUNT OF $7,319.80 CHARGING 7 $177.50 TO ACCOUNT NO. 1500- 514 - 3435, REAL 8 PROPERTY/FORECLOSURE; CHARGING $5,994.80 TO ACCOUNT 9 NO. 1500 - 514- .3410, LEGAL SERVICES, NON'- RETAINER; 10 CHARGING $1,007.50 TO ACCOUNT NO. 608 -1910- 521 -3100, 11 PROFESSIONAL SERVICES, FORFEITURE AND CHARGING 12 $140.00 TO ACCOUNT NO. 1500 -514 -34209 13 TELECOMMUNICATIONS; PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of South Miami approved 16 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing 17 payment of City Attorney non - retainer attorneys' fees and costs; and, 18 19 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 20 legal services rendered, and costs advanced, for the period ending 21 September 30, 2001, in the amount of $7,319.80; and, 22 23 WHEREAS, the City Attorney recommends payment of the attached invoices. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and costs received from Nagin 29 Gallop Figueredo, P.A., in the total amount of $7,319.80, are approved for payment and 30 charging $177.50 to account no. 1500- 514 -3435, real estate /foreclosure; charging 31 $5,994.80 to account no. 1500 -514 -3410, legal, non- retainer; charging $1,007.50 to 32 account no. 608 -1910- 521 -3100, forfeitures; and charging $140.00 to account no. 1500- 33 514 - 3,420, telecommunications. 34 35 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by ever-str-ik4ng. 1 2 PASSED AND ADOPTED this _ 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 10 I I READ AND APPROVED AS TO FORM 12 13 14 CITY ATTORNEY 15 16 17 18 19 20 21 22 23 24 day of October, 2001. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: 25 \ \Dell_6I00 \Documents \City of South Miami \0022 - 00 1 \11500.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Additions shown by underlining and deletions shown by ev°o. g. NAGIN GALLOP FIGUEREDOPa. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 October 9, 2001 Hakeem Oshikoya Finance Director CITY OF 'SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending September 30, 2001, in the amount of $7,319.80. 1 have tabulated the amounts currently due on each individual file as follows: 0022 -003 Williamson Foreclosure Statement No. 10092 dated 10104101 0022 -023 Parking Garage Contract Statement No. 10093 dated 10104101 0022 -046 Merrick v. City of South Miami Statement No. 10096 dated 10104101 0022 -068 Telecommunications Contracts Statement No. 10098 dated 10104101 Prof 'I Services Disbursements Total Due $ 160.00 17.50 177.50 Prof 1 Services $ 5,220.00 Disbursements 0.00 Total Due 5,220.00 Prof 1 Services $ 175.00 Disbursements 0.00 Total Due 175.00 Prof 1 Services $ 140.00 Disbursements 0.00 Total Due 140.00 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI October 9, 2001 Page 2 of 2 0022 -083 Zoning Task Force — Amending Prof 1 Services $ 525.00 Statement No. 10100 dated 10104101 Disbursements 0.00 Total Due 525.00 0022 -090 Forfeiture of 1990 Four Door Jaguar Prof 1 Services $ 260.00 Statement No. 10103 dated 10104101 Disbursements 3.25 Total Due 263.25 0022 -094 Officer Darby Wagner Arbitration Prof 1 Services $ 15.00 Statement No. 10105 dated 10104101 Disbursements 0.00 Total Due 15.00 0022 -095 Lazaro D. Tabares - EEOC Claim Prof 1 Services $ 0.00 Statement No. 10106 dated 10104101 Disbursements 16.90 Total Due 16.90 0022 -096 Darby L. Wagner - EEOC Claim Prof 1 Services $ 0.00 Statement No. 10107 dated 10104101 Disbursements 42.90 Total Due 42.90 0022 -098 Forfeiture of 1997 Ford F -150 Prof 1 Services $ 620.00 Statement No. 10109 dated 10104101 Disbursements 124.25 Total Due 744.25 CURRENT TOTAL DUE $ 7,319.80 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 70 Date: October 9, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Real Estate /Foreclosure 1500 -514 -3435 177.50 177.50 2 6 Legal, Non - Retainer 1500 -514 -3410 5,994.80 5,994.80 3 2 Forfeitures 608- 1910 -521 -3100 1,007.50 1,007.50 4 1 Telecommunications 1500 -514 -3420 140.00 140.00 TOTAL $7,319.80 Purchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2001 Matter ID: 0022 -002 Finance Director Real Estate City of South Miami 6130 Sunset Drive Statement No. 10091 City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 0:00 0.00 0.00 529.47 0.00 529.47 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUERED4PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -003 Williamson Foreclosure Statement No. 10092 Hours Amount 9/4/2001 EAB Analyzed issued tax certificates and foreclosure statute in order to 1.00 150.00 calculate present value of tax certificates and to coordinate advertising of public sale of property. 9/4/2001 REC Made copies of tax/lien certificates for 2 folio numbers. 0.50 10.00 Total Professional Services 160.00 Rate Summary Eve A. Boutsis 1.00 hours at $150.00 1hr 150.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 1.50 Expenses Parking Charge 13.00 Mileage 4.00 9/1812001 Outside copy job 0.50 Sub -total Expenses: 17.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -003 Statement No.: 10092 Page: 2 For Professional Services 160.00 For Disbursements Incurred 17.50 Current Balance: 177.50 Previous Balance: 2,178.00 Payments - Thank you 0.00 Total Due 2,355.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. -,� ...- "- "'- •"' -,-, x�"----^'..,, m^.- r,.- �-,.>.,--.....- .�:�,,..�....�.- �-- -s-'�..s"�m„ % .. �, '. �.''- are -n-r k �"�T�r , tea" -..-. , :rte. .,. �M ,;.,- s^- "�a -�?'Y I✓.�.x. .. .. �.�., 3r F?�.., CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225. Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2001 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South. Miami 6130 Sunset Drive Statement No. 10093 City of South Miami, FL 33143 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 9/4/2001 LRF Meetings with Commissioner Russell, Mayor Robaina and Charles 2.50 437.50 Scurr to discuss options for the development of the project. 9/5/2001 LRF Telephone conference with George McArdle. 0.30 52.50 9/6/2001 LRF Prepared new proforma financials; met with Charles Scurr, attended 4.00 700.00 meeting with Charles Scurr, George McArdle and Mark Richman. 911112001 LRF Telephone conference with George McArdle; prepared 1.50 262.50 memorandum outlining the proposal and former SPG proposal. 9/14/2001 EAB Legal research and analysis of SPG contract, transfer of contract 4.00 600.00 to Richmond and statutory authority for transfer; assisted in editing report to commission. 9/14/2001 LRF Revised memorandum and proforma calculations; telephone 3.00 525.00 conferences with George McArdle regarding same. 9/14/2001 EGG Final preparation of unconditional general release by SPG Phase 0.80 140.00 One. 9/17/2001 LRF Telephone conference with George McArdle; telephone conference 0.50 87.50 with Charles Scurr regarding options for accelerating Project. 9/18/2001 LRF Meeting with George McArdle to discuss Mr. Richman's requested 7.50 1,312.50 changes to the proposal; conference with Earl Gallop regarding Mr. Richman's requested changes; telephone conference with Charles Scurr regarding same; prepared for and attended City Commission meeting. 9/18/2001 EGG Attention to financing vehicles for parking garage. 0.50 87.50 9/24/2001 LRF Attended meeting with Mr. Gallop, Subrata Basu and Charles Scurr 2.00 350.00 regarding time frames for Project development. 9/26/2001 LRF Telephone conferences with Charles Scurr and George McArdle; 0.80 140.00 conference with Mr. Gallop, 9/28/2001 LRF Telephone conferences with Charles Scurr to discuss fastrack; 2.00 350.00 conference with Earl Gallop and Mayor Robaina to discuss options Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 10093 Page: 2 for fastrack in the SPG project; meeting with Mark Richman and Earl Gallop to discuss time frames for project development. 9/28/2001 EGG Attended meeting with Mr. Richmond and Mr. Figueredo; telephone 1.00 175.00 conferences with Mr. Scurr and Mr. Oshikoya regarding financing. Rate Summary Eve A. Boutsis Luis R. Figueredo Earl G. Gallop Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 5,220.00 4.00 hours at $150.00 /hr 24.10 hours at $175.00/hr 2.30 hours at $175.00/hr 30.40 600.00 4,217.50 402.50 5,220.00 0.00 5,220.00 4,182.50 0.00 Total Due 9,402.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 10094 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 54.50 0.00 54.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -034 CSM v. Third Group Mortage, Statement No. 10095 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 146.50 Payments - Thank you 0.00 Total Due 145.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys Fa Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -046 Merrick v. City of South Miami - Statement No. 10096 Hours Amount 9/14/2001 EGG Reviewed motion and order in Merrick v. CSM prohibiting Merrick 0.50 87.50 from testifying about statements made to her by Jhuboolal, Ball and Wagner. 9/25/2001 EGG Telephone conferences with Mr. McDuff regarding mediation in 0.50 Merrick case. Total Professional Services Rate Summary Earl G. Gallop 1.00 hours at $175.00/hr 175.00 Total hours: 1.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments -Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 87.50 175.00 175.00 0.00 175.00 927.50 0.00 1,102.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -061 NRA, et al. vs. City of South Statement No. 10097 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 10,025.47 Payments - Thank you 0.00 Total Due 10,025.47 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -068 Telecommunications Contracts Statement No. 10098 Hours Amount 9/17/2001 LRF Reviewed proposed changes to the Nextel Lease Agreement. 0.80 140.00 Total Professional Services 140.00 Rate Summary Luis R. Figueredo Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 0.80 hours at $175.00/hr [il -fil Total Due 140.00 To be properly credited, please indicate Statement Number on your remittance check. 140.00 0.00 140.00 875.00 0.00 1,015.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -075 Forfeiture of 2000 Audi Coupe Statement No. 10099 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 217.50 0.00 217.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -083 Zoning Task Force - Amending Statement No. 10100 Hours Amount 9/25/2001 LRF Reviewed agenda and attended zoning task force /commission 3.00 525.00 meeting. Rate Summary Luis R. Figueredo Total Professional Services 525.00 3.00 hours at $175.00/hr Total hours: 3.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 525.00 525.00 0.00 525.00 1,610.00 0.00 Total Due 2,135.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ° CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -084 Forfeiture of 1993 White Chevy Statement No. 10101 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 80.00 Payments - Thank you 0.00 Total Due 80.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. , v-- Fes,; �T . CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -086 Forfeiture. of 1993 Gold Nissan Statement No. 10102 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,227.00 Payments - Thank you 0.00 Total Due 1,227.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 4, 2001 Hakeem Oshikoya Matter ID: 0022 -090 Finance Director Forfeiture of 1990 Jaguar Gray City of South Miami 6130 Sunset Drive Statement No. 10103 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Rose E. Cadenhead Total Professional Services 2.50 hours at $100.00 /hr 250.00 0.50 hours at $ 20.00 /hr 10.00 Total hours: 3.00 Mileage Parking Charge 2.00 1.25 260.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 9/5/2001 EAB Prepared revised settlement agreement and letter to Mr. Efthimiou 0.40 40.00 enclosing settlement agreement. 9/10/2001 EAB Analysis of responses to interrogatories; -prepared motion to 0.50 50.00 compel responses to request for production; and prepared second letter regarding choice of mediator and extension on filing amended complaint. 9/17/2001 EAB Analyzed motion to dismiss filed by Efthimiou, prepared letter to 0.40 40.00 Efthimiou and began drafting amended complaint. 9/17/2001 EAB Prepared motion for voluntary dismissal; legal research on 1.00 100.00 attorney's fees and procedure for voluntary dismissal; and telephone conference with Mr. Efthimiou on outstanding issues. 9/18/2001 EAB Prepared second letter to Mr. Efthimiou regarding Thursday's 0.20 20.00 hearing requesting that it be rescheduled. 9/18/2001 REC Filed pleading. 0.50 10.00 Rate Summary Eve A. Boutsis Expenses Rose E. Cadenhead Total Professional Services 2.50 hours at $100.00 /hr 250.00 0.50 hours at $ 20.00 /hr 10.00 Total hours: 3.00 Mileage Parking Charge 2.00 1.25 260.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -090 Statement No.: 10103 Page: .2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments- Thank you Sub -total Expenses:, 3.25 Total Due To be properly credited, please indicate Statement Number on your remittance check. 260.00 3.25 263.25 2,602.86 0.00 2,866.11 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -093 Forfeiture of 1993 Jeep Statement No. 10104 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,423.71 Payments - Thank you 0.00 Total Due 1,423.71 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -094 Officer Darby Wagner Arbitration Statement No. 10105 Hours Amount 9/17/2001 MDS Telephone conference with Mr. George Tucker in reference to 0.10 15.00 choosing an arbitrator. Total Professional Services 15.00 Rate Summary Michael D. Spivack 0.10 hours at $150.00 /hr Total hours: 0.10 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 15.00 To be properly credited, please indicate Statement Number on your remittance check. 15.00 0.00 15.00 540.00 0.00 555.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT' PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2001 Matter ID: 0022 -095 Finance Director. City of South Miami Lazaro D. Tabares - EEOC 6130 Sunset Drive Statement No. 10106 City of South Miami, FL 33143 Expenses 9/7/2001 Federal express 16.90 Sub -total Expenses: 16.90 For Professional Services 0.00 For Disbursements Incurred 16.90 Current Balance: 16.90 Previous Balance: 3,805.60 Payments - Thank you 0.00 Total Due 3,822.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -096 Darby L. Wagner - EEOC Claim Statement No. 10107 Expenses 9/7/2001 Federal express 42.90 Sub -total Expenses: 42.90 For Professional Services 0.00 For Disbursements Incurred 42.90 Current Balance: 42.90 Previous Balance: 8,023.43 Payments - Thank you 0.00 Total Due 8,066.33 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 October 4, 2001 Matter ID: 0022 -097 Equicredit v. Miranda Statement No. 10108 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 223.25 Payments - Thank you 0.00 Total Due 223.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305),854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya October 4, 2001 Finance Director Matter ID: 0022 -098. City of South Miami Forfeiture of 1997 Ford F -150 6130 Sunset Drive Statement No. 10109 City of South Miami, FL 33143 Hours Amount 9/4/2001 EAB Telephone conference with Judge Siegel's assistant to coordinate 0.20 20.00 probable cause hearing; and prepared email communication to AC Feldman regarding claimant's request to settle litigation. 9/17/2001 EAB Telephone conferences with opposing counsel, Officer Velez, and 1.00 100.00 AC Feldman regarding offer to settle, probable cause hearing and need to change hearing date as officers are in NYC helping in WTC recovery effort; prepared emergency motion and letter requesting continuance of probable cause hearing date. 9/18/2001 EAB Prepared emergency motion for continuance of hearing on probable 1.00 100.00 cause due to unavailability of Officer Velez; and telephone conferences with Officer Velez and AC Feldman regarding settlement offer by opposing counsel and status of probable cause hearing. 9/18/2001 REC Filed pleading and delivered documents to Judge Siegel 0.50 10.00 9/19/2001 EAB Prepared for and attended hearing on preliminary probable cause, 3.50 350.00 obtained order continuing hearing date due to WTC disaster; drafted proposed order; telephone conferences with Officer Velez to prepare him for hearing, should judge have required him to appear telephonically from NYC; prepared memorandum to file on this matter; and began legal research on issue whether hearsay evidence alone will provide probable cause. 9/20/2001 EAB Completed hearsay research. 0.30 30.00 9/21/2001 REC Delivered documents to Judge Siegel 0.50 10.00 Total Professional Services 620.00 Rate Summary Eve A. Boutsis 6.00 hours at $100.00 /hr 600.00 Rose E. Cadenhead 1.00 hours at $ 20.00 /hr 20.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -098 Statement No.: 10109 Page: 2 Total hours: 7.00 Parking Charge 17.00 Mileage 7.25 9/12/2001 Service of Process 40.00 9/30/2001 Court reporter 60.00 Sub -total Expenses: 124.25 For Professional Services 620.00 For Disbursements Incurred 124.25 Current Balance: 744.25 Previous Balance: 885.25 Payments - Thank you 0.00 Total Due 1,629.50 To be properly credited, please indicate Statement Number on your remittance check Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: October 12, 2001, 2000 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager fW Commission Meeting October 16, 2001 Open Purchase Orders REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to establish open purchase orders with various vendors. BACKGROUND & ANALYSIS As part of its centralized purchasing procedures, the City Administration has implemented on open purchase order system to facilitate acquisition of goods and/or services. For internal control, recommendation of vendor - specific open purchase orders should be issued for a specific amount, which is not to be exceeded and which would be applicable for a limited time period. This process would be achieved by means of competitive bids, State contracts, and/or repeatedly obtaining bids over the course of months and in some cases years. The listed vendors below show consistently best prices and product quality for their respective goods and/or services: Parks Maintenance Division VENDOR NAME AMOUNT ACCOUNT NUMBER Bid- StatelCounty 1. Lesco Inc. $ 2,000.00 001 -2000 -572- 4620 County Bid #5079 12/02 Landscape Division 1. Lesco Inc. $ 4,800.00 001- 2050 -519 -4625 County Bid #5079 12/02 2. Native Tree $ 6,000.00 001- 2050 -519 -4625 County Bid #621465 9/02 The disbursement of funds to pay for the open purchase orders will be charged to various accounts determined to be appropriate by Administration. RECOMMENDATION Approval is recommended. Cemnfieaion Scuec OpeaP¢sLaae 0c&. toot 1 2 3 Resolution No. 4 5 6 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY s OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 9 ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE 10 BEEN DETERMINED TO CONSISTENTLY OFFER THE BEST PRICES ON 11 GOODS AND /OR SERVICES USED BY THE PARKS & RECREATION 12 DEPARTMENT AND APPROVING DISBURSEMENT OF FUNDS TO PAY 13 FOR THESE GOODS AND /OR SERVICES FROM DIVISIONAL ACCOUNTS 14 AS APPROPRIATED IN THE `2001 -`2002 FISCAL YEAR BUDGET. 15 16 17 WHEREAS, as part of its centralized purchasing procedures, the City 18 Administration has implemented on open purchase order system to facilitate acquisition of 19 goods and /or services, and; 20 21 WHEREAS, for internal control, the City Manager is recommending that 22 the vendor - specific open purchase orders be issued for a specific amount which is not to 23 be exceeded and which is applicable fora limited time period, and; 24 25 WHEREAS, by means of competitive bid State contracts and/or repeatedly 26 obtaining competitive bids over the course of months and in some cases years, the City 27 Administration has determined that the venders listed under Section I below consistently 28 offer the best prices and product quality on their respective goods and/or services. 29 30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. The City Manager is authorized to issue open purchase orders for 34 the 2001 -2002 fiscal year to the following vendors in the amount 35 indicated below for each of them: 36 37 38 Parks Maintenance Division 39 40 41 VENDOR NAME AMOUNT ACCOUNT 42 NUMBER 43 1. Lesco Inc. $ 2,000.00 001 -2000 -572- 4620 44 45 Landscape Division 46 47 2. Lesco Inca $ 4,800.00 001- 2050 -519 -4625 48 49 3. Native Tree $ 6,000.00 001 - 2050 -519 -4625 1 2 Section 2. The disbursement of funds to pay for the open purchase orders will 3 be charged to various accounts determined to be appropriate by the 4 Administration. 5 6 Section 3. This resolution shall take effect immediately upon approval. 7 8 9 PASSED AND ADOPTED this day of October 2001. 10 11 12 ATTEST: APPROVED: 13 14 CITY CLERK MAYOR 15 16 17 18 READ AND APPROVED AS TO FORM: 19 20 CITY ATTORNEY 21 22 23 N20010papmd—or&. �gr mjo gl� . pj F ROM T WOE tLICEN I L LL 0-A k', ns-,Il� All- i z Im .r Wil, V-r CSIMI lwTrn -.4 SmItt, FN, CA 51 4� Tb: WWI; bk;-, AIR im Fax I Ll 3 -= r -,v 1 Ph' FaX PIssacre, VA-- N B-0 47 I -: n fi.� 51364 a u t:b Y Q =., r "�• _ r -r _t"+r �s r•F -- - to -.. �, ,� [.;,,,�.. .. - . V- 1 ..fie {w y,. j�I l 7N. YY �t 'rXfi�� ,t: + r�i 4 tt� i. t P '' ai g Y Ilyl % lC.1LIt) t w 350,' s L = " a � i. � br��,�sEa2r '_ ..�,,.;,� r �� ,'�'�i�ty ltianu, Foni�a3I28 -1 89. f .:.�i r.�c,it {�,� Nt f k 7�t 4x. A :- s�°�,P CSC'.. s'o u" .�` r ! v b r �-m + r 1; s3 .yak S. .� - ',wJ ,e tup�,_LtlY+} i ,�. 3 - .-� .;.}�?.-xi^''S5E., 4 •�ffi'.} '#`��+ _ �-Lt� itt,'�"rS ." �. �' «, m ?' -�� ti"• k :,5;, +: �'� ♦ .� it. r 1$ ,k { 7,tc•4.?ta4.Ytlr` :. � t t yTw t < ':31 — I..'k;: f -�. t�� L 1 i �' °9x`�g � - �- t•'��# � .�'r"F "'v t.c S,�+'�'�C�'„fi.'.A^ �,.Y' t' � 1 �k.... � ��'C'�"^u,�•.�r a .�� ' .;t� � ' �§.. ��OgW 41' - T *ice :..9� 4 �� K Lxr 1 s�r��{r a�3 K'Yl�.w ..s.{,a: n-,t� *•• � +� tr?z�rc T+-� .�,i'a`�'�vi, :;e';J•? z y�,r:.;y;[ v�`S e ;i:. �k`<' - we' y t " E'r .f' *i. VE �,+rs -' .4... tr'�t. t< c. X'f � t R. � ,a, ^, "' LESCO Inc f�C�s tx c Ky�nra + {n'rY�x a hw�ling t�stabilsh a term contract with Marra Taade County.f4rhe proGUremeni•:_ vtiinous t a AV ulds YPeS �rt�lz�r �?n? or (7ne iI �ar.per, w� h:x�'urchas`s Y,,... y _ ,$ ,x y od t County - es a ainsi this .con c tivil(be made tin an as ceded bae�sthrou h;a Bian�Cet PuYrcla e? r$ ?s..1-�� Q der durin[�.tre trnt of thy` , �q t�C1Ci. - •... 4�l.Y., ,4e„� ixr z#Yt,',Y �h1 -t LLSCO, Tric i; the inanufa�W' and eticiusiva di }' _- _� �- r�{ �F s�tr but�arof t} beio��f. ctier�tioned;products for :A - { =a e Cou my � d A S�dte 0 � is The follpu l l � � s'a list of firrri Frorri Febtua '� � �'r .y - �v�t1� p11, $; ty� , _000�ough Januaryl-3 1 y.�� 3,��..as7.'Sa +�v wy Y- MIN , f , .f.b. )a $ LrJCQ 657 1 t " TCCt y ULESCO 20 2 20 WR n ta 1368 J 19 #13468 4 5O y F 3 ' d . lb� bad M n z z S1n 90/b- A 5, �L LL SCt7 17 0 4 17 `Q154 ;50 Ibba4 " ,mot _I= 15(�Ifia�; Y s LLSC4 15 ] -15"'W, 015395 50 Ib .bag L.E.SCt? 5-'o-,7 ? rt0s�3a� a S 9 SO�ba t` 1.,i:SCi ;9 0 17 Ll�te.- rUI �59U :50 Ib. _bd 70/ba� _ n LE5C® 17 3 11 r000808;�> (i 4 6 0 0 alb bad X 14 50,ba� LESC 001638 Sa lb as LESCQ Nbl ian ZU -20 �a X016474 a 2� lb pail $18 5 /part LE SGQ ylaeron 23 0 X301 X687 7 LESGQx1%IaLran �8 7?l4' '. �7 lb gait I8 ?�Iparl t ; L 0127 t:. 3 �..5,hlb aiI rp,' rx�5 X18 ?S /pgtl�� . LFSCQ ursl�at�'= >a <�Rt�- _,�,�LL.,, k f 4r s >�;w r 00811 { 50Ib baa . .;�� ++�+r� * R gi §fir- an.?!6a?j >>4 e k. ,�' '� c� 'r i`it?E ta�,x "'v .aw:v... L LESCU -INE lllg 'Z 1•:I:N�i tC ��OVi;ro' \ s �"�r,. ��nh "'f' p7r9rli rim I�X iJV'�9?P-i9 : # �'f '.�IC'YtP tivsta @'� �9 "ry` Ml;Lm:;-DAOE CnJNTY PURC ASW CADER -- - ---- •- _-- «•__----- - - - - -- -_- -_- --- - .___ - - - -_ "Zo Z7: %8CW0000566 PRINT UAT= 02/10/2000 PAGE: OL ----------------------------- W --------------- REPP.-rNT Ci* 9R£VI0U5LY `ScUED BFO VENDER ii1: 34090451_17 C'. PrRZME VE43.h,CR 5ZT X51t,S LES ,O INC St38V£!•LQR GOAL : OC9s 20005 :.AKZ ROAD PRIXE VENDOR COX14 MENT: 00$ "CRY PIMA OR 44116 -. _.�-..— .......-- �._r� - - - - -- - ft----- -- - --- - — - - --- - ------ .._ --- —_r -- _ SX:F TO: FS SPECITTS: ON INDIWMAL ORDERS cL,ASE REFER ALL QUESTIQNS CONGERMING THIS 'ORDSR TO: -.. -- - - - - -- - - - - - -- ---------- - - - - -- -- --------------------------- .3 : EXPEL DATE EXP DATE Jy3COUNT� TERM$ CQNT�ACT- -'A,'KO ".:NT —_ 02/31/2001 I NET 30 54, 5S 5. 00 --- ti- ---- -- -- -------------------------- . wwrYtt =.7 ► +wa- ^w- +ErxhJ+. +. ,. �i-M:V rvs.•.t Y. nw. <ry v't :f• « r',' V.'.k t >+s��^:'tv i Y'r r � V, w . w . r i 1rs s •+ -: � rr w:r -r s ••3:�kaMY't. *r ael �Y R1-r.'�'sR *+ts Xcva..®:�. wwK R+' s► s- i- wa• �i l^•brYY *krvwwW•ktrr.r�.rt #4Rr A'./.rJ'.rr L 515 -2C S.0 FER'S.T.?.IZER r7I8TRI$VT�Rs, �i:'kN -TYPE -------------------------- OF tMZN ----------------------------- AUT.J?CRZZED D&?T3JUSr,R5 AUTKORtIZEb DEPT; ?.new *•.* Cr±LT �` = GAL;.iRS 1\A.:tiE VOLie�R v�N.FIO.....R L:iMi pr.O:d?` r .;ter ' -rw wsYx ♦a Iv y.$ Tri_S IS A 8".�!trI{L'T ?JRCHR3E bRDSR COVER,\,G $ RZt'i'J sWD*r! 02 /01I40 TC 01 31 IC; DrS,I'tERiFS AG,= _I?�ST :iilS ?L'FcCFLRSE ORDER 3fi�I:. CONT:NOED, NEXT PAGE PAX N0. Nov. 28 1999 09:59PM P3 . -'..0 •• IttH•v.c �. FCC. Z:3 ;_, Yj Ml;Lm:;-DAOE CnJNTY PURC ASW CADER -- - ---- •- _-- «•__----- - - - - -- -_- -_- --- - .___ - - - -_ "Zo Z7: %8CW0000566 PRINT UAT= 02/10/2000 PAGE: OL ----------------------------- W --------------- REPP.-rNT Ci* 9R£VI0U5LY `ScUED BFO VENDER ii1: 34090451_17 C'. PrRZME VE43.h,CR 5ZT X51t,S LES ,O INC St38V£!•LQR GOAL : OC9s 20005 :.AKZ ROAD PRIXE VENDOR COX14 MENT: 00$ "CRY PIMA OR 44116 -. _.�-..— .......-- �._r� - - - - -- - ft----- -- - --- - — - - --- - ------ .._ --- —_r -- _ SX:F TO: FS SPECITTS: ON INDIWMAL ORDERS cL,ASE REFER ALL QUESTIQNS CONGERMING THIS 'ORDSR TO: -.. -- - - - - -- - - - - - -- ---------- - - - - -- -- --------------------------- .3 : EXPEL DATE EXP DATE Jy3COUNT� TERM$ CQNT�ACT- -'A,'KO ".:NT —_ 02/31/2001 I NET 30 54, 5S 5. 00 --- ti- ---- -- -- -------------------------- . wwrYtt =.7 ► +wa- ^w- +ErxhJ+. +. ,. �i-M:V rvs.•.t Y. nw. <ry v't :f• « r',' V.'.k t >+s��^:'tv i Y'r r � V, w . w . r i 1rs s •+ -: � rr w:r -r s ••3:�kaMY't. *r ael �Y R1-r.'�'sR *+ts Xcva..®:�. wwK R+' s► s- i- wa• �i l^•brYY *krvwwW•ktrr.r�.rt #4Rr A'./.rJ'.rr L 515 -2C S.0 FER'S.T.?.IZER r7I8TRI$VT�Rs, �i:'kN -TYPE -------------------------- OF tMZN ----------------------------- AUT.J?CRZZED D&?T3JUSr,R5 AUTKORtIZEb DEPT; ?.new *•.* Cr±LT �` = GAL;.iRS 1\A.:tiE VOLie�R v�N.FIO.....R L:iMi pr.O:d?` r .;ter ' -rw wsYx ♦a Iv y.$ Tri_S IS A 8".�!trI{L'T ?JRCHR3E bRDSR COVER,\,G $ RZt'i'J sWD*r! 02 /01I40 TC 01 31 IC; DrS,I'tERiFS AG,= _I?�ST :iilS ?L'FcCFLRSE ORDER 3fi�I:. CONT:NOED, NEXT PAGE FAY, N0. Nov. 26 1999 39:57PN P1 Li Scolo Ianuary 27, 2000 Miami -Dade County Procurement Management Division Walter Fogarty Phone; 440.333.9?5o s0o.321 111 N. W. I" Street, Suite 2356 s:iz5 Fax: 440.356,4528 Miami, Florida 33128 -1989 Www,lcsco.crnn Nasdaq: isCO Dear Mr. Fogarty, LESCO, Inc. is willing to establish a term c"I'tract with various types of fertilizer formulas for a one (1) year Miami -Dade Count for !he r period will be made on an as needed basis, through a Blanket with County. Purchases against th snof contract Purchase Order, during LESCO, Inc. is the manufacturer and exciusive distributor h the term tract. of the below Dade County and t`:e State of Florida. The following is a list of mentioned products or Miami - firm from February 2, 2000 through January 31, 2001. several - LESCO fertilizers with prices LESCO 8 -10 -10 -O] 5322 LESCO 13 -2- 7 �. 13 Elite Elite. - �.O1o5,5 50 lb. bag $ 7.85,'bag LESCO 21 -4 -11 Elite- g0158Y1 SU lb. bag $12.40/ba g LESCO 20 -2 -20 rv/Ronstar - # jj 13(,;81 50 lb. bag $13.00/bag .20"bag LESCO 1'7 -G -1 "J - n0i5408 <;,_ F } t -ag �lU')G'cag . LESCO 15-5-15 - #415395 50 lb. bag $14.50 /bag LESCO 15 -0 -22 - #032305 J0 lb. bag $ 9,8Mbag LESCO 9 -0 -I 7 F ite - ;4016590 50 lb. bag S 9.70/bag LESCO 17 -3 -11 - #000808 50 lb. bag $13.851baa LESCO 46 -0 -0 - #00163 40 lb. bag S14.50/0ag * LESCO Macron 20 -20 -20 - #01 50 lb. bag S 8_25/bag * LESCO Macron 23 -0 -23 - #0(36874 25 lb. pail S18.25 pail LESCO Macron.28 -7 -14 - #012728 25 lb' pail $18.25 /pail LESCO 29 -3 -5 w/.74% Dursban - #000811 LESCo Mims 19 -0 -19 w /1.31 %Pr'e 25 lb. pail $18.25ipzil 519.35/bag -M - #;023599 * LESCO Macron 16 -32 -16 - 4015761 501b. bal � $15.85/bag LESCO 3 -15 -15 Elite - #C1Sv23 25 lb. pail $18.25 /pail LESICO 0 -0 -38 Elite - 40 i 7693 LESCO Iron Plus 50 lb. bag 501b. bag g $15.40/ba!� $14.85/bag Granular _ #035350 LLS�CO Dolor_+utic Limestone - #OC8979 40 lb. bag $13.55/bag LESCO 13 -2 -13 Elite - #016575 SG bag $ 3,45/bag b. 501b. bag . $12,45/bag *denotes price change continued Page 1 Curporau� t?ra< ?quarlcrs LFSCn. Inc- 20005 Lakc Road Rocky River, Ohio 4411 .6 15q5 MIAMI -DADE COUNTY, FLORIDA Ar� STEPHEN P. CLARK CENTER J� PIJHLIC WORKS DEPARTMENT ! }� i SUITE 1610 111 N.W. 1st STREET MIAMI, FLORIDA, 33128 -1970 NOVICE TO PROCEED EFFECTIVE DATE OF NOTICE September 10, 2001 NAME OF PROJECT: Tree Pruning, Tri_tt-ming and Removal Services C'.ontraci # 1 (Road. &: Bridge) PROJECT NUMBER: 6214E 5 CONTRACTOR; A Native Tree Service, Inc. 157:13 SW 117 Avenue N iamii, Florida 331.57 rith 'tire terms of our contri -, „ It': j ti<{Y r1 ?.�r: ; - Y > ,, for, the of the work included in the above caption p: N Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Major and City commission From: Charles D. Scurr City Manager Z4 Foon Date: October 16, 2001 RE: Agenda Item # ?— Comprehensive Plan Text Amendment Conservation/Recreation Element Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, . FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES,'GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF ' THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City has been applying for grants to assist in the funding of acquisition costs for the "Hammock House" park facility. One of the grant applications is to the Florida Communities Trust (FCT), an important land acquisition program administered, by the Florida Department of Community Affairs. The application to the FCT is a competitive application, with many municipalities throughout the State competing for a limited amount of funding each year. Each FCT application is scored according to several criteria. Cities can score up to 50 additional points on the application by having certain goals, objectives and policies in place within their Comprehensive Plans. These policies 'encourage cities to seek funding for conservation, recreation and open space purposes, to cooperate with other agencies in the funding of such facilities, to preserve and protect native species, and to encourage the creation of greenways and trails. Comp Plan Text Amendment Conservation/Recreation & Open Space October 16, 2001 Page 2 ' The Administration believes that an amendment to the text of the City of South Miami Comprehensive Plan, adding and improving the appropriate objectives and policies, would help the City to score much higher on these competitive applications. The proposed policies would be of an advisory nature, encouraging the City to acquire recreation and open space facilities in future, but not mandating or requiring specific action. LOCAL PLANNING AGENCY (PLANNING BOARD) RECOMMENDATION The Planning Board, acting in its capacity as the Local Planning Agency, at its July 10, 2001 meeting recommended approval of the proposed amendment. The motion to approve was made by Mr. Liddy and seconded by Mr. Illas. The motion was adopted by a vote of 5 ayes 0 nays. CITY COMMISSION ACTION The City Commission, at its July 24, 2001 meeting approved the proposed amendment on first reading by a vote of 5 ayes 0 nays. FLORIDA DEPT. OF COMMUNITY AFFAIRS REVIEW The Department of Community Affairs (DCA) has reviewed the City's proposed amendment and issued a comment letter dated September 21, 2001 (see attached letter.) All of the responding review agencies either support the amendment or have no objection to it. The DCA would prefer that some of the language of the amendment be revised to be more specific in identifying intended outcomes and how they are to be achieved. Therefore, minor changes to the text of the amendment have been drafted; these changes are highlighted with double underline in the text of the amendment ordinance. It is recommended that the proposed ordinance, as revised, be adopted upon second reading public hearing. Attachments: Proposed Ordinance City Commission Resolution 75 -01 -11223 (initiating amendment) Florida Communities Trust Application Material Florida Dept. of Community Affairs comment letter Planning Board Minutes 7 -10 -01 �� CS /RGUSAY .A,X D: \Comm Items \200111\ \10 -16 -01 \Comp Plan amend Conser Element report.doe 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has completed the acquisition of Open Space Park, and contemplates the acquisition of Hammock House, and, in the future, may desire to acquire additional park and recreational land, and WHEREAS, grant programs from the State of Florida, such as the Florida Communities Trust, and Land and Water Conservation Program, have requirements that municipalities that apply for grants have certain goals, objectives and policies contained within their Comprehensive Plans regarding land acquisition for park and recreational facilities, greenways and trails, and protection of native species, and WHEREAS, the City's Comprehensive Plan currently contains only limited reference to some of the items which are used as grant scoring criteria, and the City wishes to add policies to the Comprehensive Plan which will help South Miami's grant applications score higher on these competitive applications, and WHEREAS, the proposed amendments to the text of the Conservation Element and the Recreation and Open Space Element of the Comprehensive Plan are of an advisory nature, encouraging the City to acquire recreation and open space facilities in future, but not mandating or requiring specific action; and WHEREAS, on July 10, 2001, after Public Hearing regarding the subject Comprehensive Plan amendment the Planning Board, acting in its capacity as the Local Planning Agency, voted 5 -0 to approve the amendment and to transmit it to the City Commission for their adoption, and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OV SOUTH MIAMI, FLORIDA: Section 1. That the Conservation Element of the City of South Miami Comprehensive Plan is hereby amended to read as follows: I1 ctive 1.1 TION ELEMENT AND POLICIES To preserve and enhance the significant natural features in South Miami. In order to help achieve compliance with State Departmental Environmental Regulations on air quality, include appropriate landscaping provisions in a revised development code, and include public landscaping and bikeway 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Policy 1.2.1 The City's review of development applications (and any City drainage projects) shall use retention and, subsurface drains, that are acceptable to the South Florida Water Management District and the Dade County Department of Environmental Resources and Management. Policy 1.2.2 The City shall cooperate with State and County agencies in protecting the wellfield that abuts the City's western boundary; include in revised development code as necessary, including hazardous waste controls. (See Land Use Plan and Infrastructure Elements.) Policy 1.2.3 The City shall cooperate with the Miami -Dade Water and Sewer Department in the extension of sanitary sewer lines in order to replace septic tank usage (particularly in the Brewer Canal corridor). Policy 1.2.4 Cooperate with the Dade County DERM to eliminate any future leaking underground tanks or clean -up sites. Polio The City shall continue to preserve its natural areas and open space to ensure the protection and enhancement of groundwater quality and recharge capacity. Objective 1.3 Continue to protect, restore and enhance remaining tree stands, natural plant communities, and other significant vegetation and wild life habitats. Policy 1.3.1 The City's Environmental Review and Preservation Board will continue to monitor and preserve vegetative communities and the natural functioning of the City's soils, canals and wild life habitat. Policy 1.3.2 Retain the natural features character of Fuchs, Dante Fascell and Brewer parks. Policy 1.3.3 (2) improvements, in the general fund. Policy 1.1.1 Continue to both require landscaping as a part of new private development and landscape public areas in order to minimize air pollution. Policy 1.1.2 The Traffic Element emphasizes use of expressways by commuters in order to minimize traffic idling on streets within South Miami; work with the Metropolitan Planning Organization [MPOI in this regard. Policy 1.1.3 Continue to encourage the use of Metrorail, bicycles and other alternatives to the automobile through capital improvements. Objective 1.2 Utilize drainage practices to minimize water pollution particularly in the Snapper Creek Canal and Orr wellfield cone; of influence; supplement with improvement projects. Policy 1.2.1 The City's review of development applications (and any City drainage projects) shall use retention and, subsurface drains, that are acceptable to the South Florida Water Management District and the Dade County Department of Environmental Resources and Management. Policy 1.2.2 The City shall cooperate with State and County agencies in protecting the wellfield that abuts the City's western boundary; include in revised development code as necessary, including hazardous waste controls. (See Land Use Plan and Infrastructure Elements.) Policy 1.2.3 The City shall cooperate with the Miami -Dade Water and Sewer Department in the extension of sanitary sewer lines in order to replace septic tank usage (particularly in the Brewer Canal corridor). Policy 1.2.4 Cooperate with the Dade County DERM to eliminate any future leaking underground tanks or clean -up sites. Polio The City shall continue to preserve its natural areas and open space to ensure the protection and enhancement of groundwater quality and recharge capacity. Objective 1.3 Continue to protect, restore and enhance remaining tree stands, natural plant communities, and other significant vegetation and wild life habitats. Policy 1.3.1 The City's Environmental Review and Preservation Board will continue to monitor and preserve vegetative communities and the natural functioning of the City's soils, canals and wild life habitat. Policy 1.3.2 Retain the natural features character of Fuchs, Dante Fascell and Brewer parks. Policy 1.3.3 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (3) Objective 1.4 Assist the County in implementation of its proposed water conservation program. Policy 1.4.1 The City shall assist the County in its proposed waster conservation program through plumbing requirements, and xeriscape plant materials in medians and parks. Note: Policies 9J- 5.013(2)(c) 5, 6, 8 and 9 are not applicable due to the very limited amount of natural water bodies, vegetation and wildlife. Section 2. That the Recreation and Open Space Element of the City of South Miami Comprehensive Plan is hereby amended to read as follows: RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 1 To ensure the availability of adequate park facilities and open space for the citizens of South Miami. Objective 1.1 Operate a City park facilities system of at least 31 acres. Policy 1.1.1 Retain the existing park* acreage and facilities, thereby providing a level of service standard of 4 acres per 1,000 population. See Table 6 -3 for facility standard guidelines. *Includes City and School Board recreation acreage. Policy 1.1.2 Policy 1.1.3 Continue the recent budget emphasis upon park facility maintenance plus enhancement projects such as lighting and rest rooms; continue to explore, ea Monitor citizen views on park facility needs and usage as a basis for facility and program planning. Policy 1.1.4 Although current services exceed national standards, the community via the Hometown Too Charrette process has shown a strong desire for additional services and a Community facility to provide for a variety of recreational and social programs within the community. Provide new facility by the year 2001. Objective 1.2 Through coordination with public and private agencies, the City shall make . certain that the six supplemental recreational and open space facilities in the City plus two nearby County parks remain available at reasonable hours and conditions. Policy 1.2.1 The City shall work with County school and park officials to assure that their recreation facilities continue to help meet South Miami citizen needs. Policy 1.2.2 The City Recreation Department shall continue to coordinate its programming with such quasi- public facilities as the YMCA. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Policy 1.2.3 Objective 1.3 (4) To retain public access to all seven City parks plus the community center (including shoreline access at the three canal-- fi°ont parks). Policy 1.3.1 The City shall continue to assure full public access to its parks, park shore lines along the canals and (at appropriate hours) the community center. Also, provide for a new community center by 2001. Continue to Undertake opportunities for additional waterfront recreation facilities, when suitable properties become available. Policy 1.3.1 The City shall assist the Metropolitan Dade County Department of Environmental Resource Management in the protection and preservation of the Girl Scout Park as a "natural forest community ", for as long as the park is designated by DERM as a "natural forest community." Section 3. Any sections or parts of sections of this ordinance may be renumbered and/or combined with other sections or parts of sections of the City of South Miami Comprehensive Plan and any amendments thereto, as is necessary to ensure the continuity and consistency within and between the various elements of the City of South Miami Comprehensive Plan. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed' Section 6. This ordinance shall take effect in accordance with the provisions set forth in § 163.3189(2)(a), Florida Statutes. PASSED AND ADOPTED this day of , 2001 ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: READ AND APPROVED AS TO FORM: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: CITY ATTORNEY RESOLUTION NO. 75 -01 -11223 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING: AN AMENDMENT TO THE TEXT OF THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN RELATED TO LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has completed the acquisition of Open Space Park, and contemplates the acquisition of Hammock House, and, in future, may desire to acquire additional park and recreational land, and WHEREAS, grant programs from the State of Florida, such as the Florida Communities Trust, and Land and Water Conservation Program, have requirements that municipalities that apply for grants have certain goals, objectives and policies contained within their Comprehensive, Plans regarding land acquisition for park and recreational facilities, greenways and trails, and protection of native species, and WHEREAS, the City's Comprehensive Plan currently contains only limited reference to some of the items which are used as grant scoring criteria, and the City wishes to add policies to the Comprehensive Plan which will help South Miami's grant applications score higher on these competitive applications, and WHEREAS, the proposed; amendments to the text of the Conservation Element and the Recreation and Open Space Element of the Comprehensive Plan are of an advisory nature, encouraging the 'City :to acquire recreation and open space facilities in future, but not mandating or requiring specific action; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. An amendment to the text of the City of South Miami Comprehensive Plan, adding and improving objectives and policies regarding land acquisition for park and recreational facilities, greenways and trails, and protection of native species, shall be brought forward to the Planning Board and to the City Commission, for transmittal to the Florida Department of Community Affairs. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5" day of June, 2001. ATTEST: APPROVED: J; CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice- Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea 9EY Commissioner Wiscombe; Yea ••�� um tllujuk 1.luIL11C1 I..F.Alfl,�. uffeliaavtj PtWI �++�c.vtiv `J 1fdd:l etlsurL-' dCyUlSlldVll Fall IIGf.Urdl,l d or open space thr®ughApublic acquisition? (sip z -rµe'S `Numeric citation and sun;�'riary of objectives or polrc�es: Summary of how the project furthers the objectives or policies: 3. Will the project further comprehensive plan directives'to provide new or enhanced public Yes = No access to water bodies and saltwater beaches? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives orpolicies 4. Will the project further future land use designations or comprehensive plan directives that Yes No provide for creating new or enhanced greenways or recreational trail systems? (5 points) Numeric citation and summary of objectives or policies Summary of how the project furthers the objectives or policies: 5. Will the project further comprehensive plan directives that ensure the preservation of natural Yes communities or listed animal species habitat? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: ti. Will the project further comprehensive plan directives that provide for coordination among Yes No federal, state and local agencies or nonprofit organizations acquiring or managing natural' areas or open space for outdoor recreation? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 7. Will the project further comprehensive plan directives to restore or enhance degraded natural Yes No areas such as, restoration of natural communities, restoration of natural hydrology or removal of non- native vegetation? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the,o6jectives orpolicies Form FF -1 (Effective 05 -29 -2001) _ Pace 12 (3) COMMUNITY PLANNING SECTION (a) Comprehensive Plan Implementation For each of the following criteria that are furthered by the local comprehensive plan, cite no more than five (5) relevant objectives or policies in each response. If the response to a criterion is "No move to the next question. If the response to a criterion is "Yes° cite the objective or policynumber and paraphrase the plan directive, provide a brief discussion of how; acquiring the site will further the cited objective or policy and include >a copy of the objective or policy in Exhibit A. If a copy of the entire objective or policy that is cited in response to a criterion is not included in Exhibit A or amendments are not provided in Exhibit B, that objective or policy will not be evaluated and points will not be awarded. If a criterion addresses specific resources or facilities, these must be present on the project site in order for points to be awarded. If the project site is located entirely in one local government jurisdiction, the local comprehensive plan of the jurisdiction within which the project site is located shall be evaluated for scoring purposes. If the project site is located in two or more jurisdictions, the local comprehensive ,plan of each jurisdiction shall be compared for compatibility and evaluated for scoring purposes. - 1. Will the project provide acreage or outdoor recreational facilities necessary to maintain or Yes No improve adopted levels of service standards established in the comprehensive plan for outdoor recreation? (5 points) Numeric citation, and summary of objective4 or policies: s. Summary of how the projecf furthers the objectives or policies: 4 v. WTI t �c �v�cu� �u�Le�e1 +�,�e��iF.nvaiGt�Sxvb �:iaui� u =�c�+ivca ti td� � Sure Me rotecuon or c..,... . ,:. rwK., • . x Yes No enhancement of surface or,groundwater quality? �p Y ;` ; s (5 points) Numeric crtaf�on andsumr, y of ob[ectwes or #61 cress _ Summary of how the project furthers the objectives or policies 9. Will the project further comprehensive plan directives that ensure the preservation of -•Yes' historical, cultural or archaeological features? Note :. The site must contain a feature orhave No_ a high probability that a feature is present on the site. (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 10, will the project further comprehensive plan directives that direct development to a locally Yes No designated urban infill, urban redevelopment or downtown revitalization area? poirits) Numeric citation and summary of objectives or policies: i I Summary,of how the project furthers the objectives or policies: t — .._ --.- ..mow —. ..�— ,.- ....m,- �... --, .- m- ,-- - l.r., -.. , —�-` -- ..s -.- „r. -G''are=TM� -, I'•''4��•�'*�i. ,'��.i.: ;, "rt`�„ .,._..'°` fPoTFe''?�'f� -"T,, „,'. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor September 21, 2001 The Honorable Julio Robaina, Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Robaina: STEVEN M. SEIBERT Secretary The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of South Miami (DCA No. 01 -1), which was received by the Department on August 3, 2001. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. The Department is offering comments and recommending that proposed Conservation Element Policy 1.3.3, and Recreation and Open Space Element Policies 1. 1.2 and 1.3.1 be revised to be measurable and meaningful consistent with Rule 9J -5.005 Florida Administrative Code requirements (F.A.C.). Phrases such as "where /when feasible ", "explore opportunities" need to be revised to be specific in identifying intended outcomes and how the outcomes will be achieved. Staff is available to work with your staff in order to revise the text amendments prior to their adoption by the City. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010,,F.A.C. Upon receipt of this letter, the City of South Miami has 120 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J- 11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; 2555 SHUMARD OAK BOULEVARD *TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488- 8466 /Suncom 278 - 8466 FAX: (850) 921 - 0781 /Suncom 291 -0781 Internet address: http : / /www.dca.state.f 1. us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050 -2227 Tallahassee, FL 32399 -2100 Tallahassee, FL 32399 -2100 Tallahassee, FL 32399 -2100 (305) 289 -2402 (850) 488 -2356 (850) 413 -9969 (850) 488 -7956 The Honorable Julio Robaina, Mayor September 21, 2001 Page Two A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. Please be advised that the Florida Legislature amended Section 163.3184(8) (b), F.A.C., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan or plan amendment. As discussed in our letter sent to you on May 25, 2001, and providing a model sign -in information sheet, please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. For efficiency, we encourage that the information sheet be provided in electronic format. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Central Florida Regional Planning Council. Please contact me or Dickson Ezeala, Planning Manager, at (850) 487 -4545, if we can be of assistance as you formulate your response to this Report. Sincerely, (Mike McDaniel Growth Management Administrator MDM/ide Enclosures: Review Agency Comments cc: Richard G. Lorber, Director, City of South Miami Planning Department Carolyn Dekle, Executive Director, South Florida Regional Planning Council I i P. 01/01 Marjory Stoneman ;Douglas Building Jeb Bush 3900 'Commonwealth Boulevard David B. Struhs Governor Tallahassee, Florida 32399 -3000 0 (� (� rY SEP 14 goal f L) SepteMher 14, 2001 ! RPM BSP. PLAN PROCESSING TEAM Mr. D. Ray Eubanks Bureau of Locat Planning ,��/ Deparl;nieint of Community Affairs " j 2555 Shumard Oak Boulevard T alilahassee, Florida 3239 -2140 Re: • Proposed Amendment; to the Soutl'>IMiann. Comprehensive Plan, DCA 01 -1 Dear Mr. Eubanks: i Tk Office of 3ntergovernmental:Prog6ms of the epartmenit of Enviromnental Protection has ; reviewed'the proposed amendnnent,under the procedures, of Chapter 163, Part H, Florida Statutes,, ! E and ;Chapters, 97 -5 and'97 -11, Florida Administrative Code, and offers no comments. Please call me at (850),487-2231 if you 'have any questions regarding our response. f - Sincerely, -- I Robert W., Hall I Office o£ jntergovernrnental Programs ! I� I I "Mure Prutrcdurr, Lena Prucen, j Pr]nted on recycled paper. I f I • iI I � I — - - =w . DIVISIONS OF FLORIDA DEPARTMENT OF STA Office of the Secretary Office of International Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing September 5, 2001 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF HISTORICAL RESOURC TO MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the Internal Improvement Trust Fund Administration Commission Florida Land and Water Adjudicatory Commission Siting Board Division of Bond Finance Department of Revenue Department of Law Enforcement Department of Highway Safety and Motor Vehicles Department of Veterans' Affairs SEP 1 12001 l5 QA,' �l i is 1—sif Mr. Ray Eubanks }( i- RPM BSP Department of Community Affairs PO�FSSING 7Ar Bureau of State Planning 2555 Shumard Oak Boulevard �' J Tallahassee, Florida 32399 -2100 Re: Historic Preservation Review of the City of South Miami (01 -1) Comprehensive Plan Amendment Request (Received by DHR on 08/10/01) Dear Mr'. `Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J -5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the South Miami Comprehensive Plan. We have reviewed proposed text changes to the Conservation and Recreation and Open Space Elements to consider the potential effects of these actions on historic resources. Our cursory review suggests that the proposed, changes should have no adverse effects on historic resources. In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed land use changes) the State of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J -5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and objectives for addressing known and potentially significant historical resources in South Miami, If you have any questions regarding our comments, please feel free to contact Susan M. -Harp or Laura Kammerer of the Division's Compliance Review staff at (850) 245 -6333. Sincerely, 4U&Z Janet Snyder Matthews, Ph.D., Director Division of Historical Resources JSM/smh R.A. Cray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 • http: / /www.flheritage.com 0 Director's Office O Archaeological Research L( Historic Preservation 0 Historical Museums (850) 245 -6300 - FAX: 245 -6435 (850) 245 -6444 - FAX: 245 -6436 (850) 245 -6333 - FAX: 245 -6437 (850) 245 -6400 - FAX: 245 -6433 0 Palm Beach Regional Office 0 St. Augustine Regional Office 0 Tampa Regional Office (561) 279 -1475 - FAX: 279 -1476 (904) 825 -5045 - FAX: 825 -5044 (813) 272 -3843 FAX: 272 -2340 MIAMI -DADE COUNTY, FLuRIDA OR ,gr MIAMI -DADE STEPHEN P. CLARK CENTER DEPARTMENT OF PLANNING AND ZONING 111 N.W. 1ST STREET SUITE 1210 MIAMI, FLORIDA 33128 -1972 -- (305) 375 -2800 September 4, 2001 U W ' 0 SEP 7 2001 RPM BSP _- PLAN PO ro�...- Mr. Ray Eubanks Florida Department of Community Affairs Bureau of State Planning J Plan Review and DRI Processing Team 2555 Shumard Oak Boulevard �� Tallahassee, FL 32399 -2100 q Subject: Proposed Comprehensive Plan Amendment ORC Review South Miami, DCA Ref. # 01 -1 Dear Mr. Eubanks: The Miami -Dade County Department of Planning and Zoning has reviewed the proposed amendments to the City of South Miami Comprehensive Plan addressing the Conservation and Recreation and Open Space Elements, sent to us under your cover letter dated August 8, 2001. We generally limit our comments to those amendments that have countywide significance or would impact county resources or the provision of public services by the County. We find that the subject proposed amendments are consistent with the Miami -Dade County Comprehensive Development Master Plan (CDMP) and would support several of the Goals, Objectives, and Policies of the CDMP. Proposed Conservation Policy 1.2.5 states "The City shall continue to preserve its natural areas and open space to ensure the protection and enhancement of groundwater quality. Proposed Objective .1.3 is revised to "restore and enhance," and not just protect, tree stands, other significant vegetation and wild life habitats, and additional "natural plant communities." Proposed Policy 1.3.3 would have the City explore, where feasible, acquisition of natural areas and open space, utilizing grants and coordinating with other governmental and nonprofit organizations, if possible. The above would support CDMP Land Use Policy 1I, which calls upon the County to "identify sites having good potential to serve as greenbelts, and should recommend retention and enhancement strategies, where warranted. Such greenbelts should be suggested on the basis of their ability to provide aesthetically pleasing urban spaces, recreational opportunities, or wildlife benefits." m Ray Eubanks Page -2- September 4, 2001 Proposed Policy 1.2.5 would also further CDMP Conservation, Aquifer Recharge and Drainage Objective 2 to "Protect ground and surface water resources from degradation, provide for effective surveillance for pollution and clean up polluted areas to -meet all applicable federal, State and County ground and surface water quality standards." Proposed Recreation and Open Space Policy 1. 1.2 is similar to proposed Conservation Policy 1.3.3, but addresses additional acquisition of recreation and open space property instead of natural areas and open space, but again utilizing grant opportunities; language would be deleted that states that no additional park and open space is needed due to the City's stable population. Both proposed policies would support the CDMP Recreation and Open Space Goal, which is to "Develop, program, and maintain a comprehensive' system of parks and recreational open spaces offering quality and diversity in recreational experiences while, preserving and protecting valuable natural, historical and cultural resources, unimpaired, for present and future generations." Recreation and Open Space Policy 1.3.1, which calls for the City to assure full public access to parks and shore lines along canals, is also proposed for amendment. Additional language would call for the City to "explore opportunities for additional waterfront recreation facilities." The proposed addition to the policy would support the Miami -Dade County CDMP Guideline for Urban Form, No. 11, which` calls for public canal frontages to be designed "to remain open and accessible to neighborhood residents." In conclusion, the Miami -Dade County Department of Planning and Zoning finds that the subject proposedgCity of South Miami Comprehensive Plan amendments are consistent with and support the Miami -Dade County CDMP. If you have any questions regarding our comments, please contact me at the letterhead address or Mr. Robert Usherson at (305) 375 -2835. Sincerely, RI\South Miami Sept 01.docU /4/01 I I August 21, 2001 Mr. Ray Eubanks, Community Program Administrator Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumard Oaks Boulevard` Tallahassee, Florida 32399- 2100�w ' Dear Mr. Eubanks: SUBJECT: City of South Miami Comprehensive Plan Review DCA- Ref. #: 01 -1 THOMAS F. BARRY, JR. SECRETARY uA�� z 9 2001 � D, In accordance with your request, and the provisions of Chapter 163, Part II, Florida Statufes and Chapter 9J -5, Florida Administrative Code, this office has completed a review of the comprehensive plan documents for the City of South Miami, (DCA Ref. #: 01 -1) which were forwarded to our office on July 30, 2001. The District review has determined that there are no objections, recommendations, or comments regarding the proposed amendments. Pl$ase contact Phil S„teinmiller if you have any questions concerning our response. Gary L /Donn, P.E. District Director of Planning and Public Transportation DRAFT a'- CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 10, 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. H. Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Juan_Comendeiro. Board member absent: Mr. Mann. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Local Planning Agency : Public Hearings LPA -01 -001 Applicant: Shoal Creek Properties L.L.C. Request :CONSIDERATION OF AN APPLICATION TO AMEND THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT) CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING. Planning; Board Meeting July 10, 2001 Action: Mr. Illas read the request into the record and Mr. Lorber presented a summary of the request where the applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building, designed to cater to the University of Miami students and young professionals who would welcome the convenience of the easy access to Metro -Rail and to most necessities within walking distance. The above- referenced amendment will change the site's Future Land Use Map category to the "Transit- Oriented Development District (TODD)" category. The main factor in this would be a switch from a primarily office /commercial designation to a residential designation, ;Mr. Lorber added. Also, the proposed amendment is consistent with important goals and policies of the City, such as assuring availability of affordable housing; encouraging mixed -use residential multi - family projects in the Rapid Transit Zone; as well as discouraging urban commercial sprawl by promoting growth in the area surrounding the Metrorail transit station. The Board expressed some concern about, setting a precedent with the expansion of the TODD zone, but staff explained that the Zoning Task Force has been discussing this issue in recent meetings, looking at the TODD in general, and is planning on recommending a moderate expansion in that district. It was also clarified by staff that this hearing was for the purpose of considering a map change only, not for considering specific site development regulations. The Board and staff also discussed the amount of stories that should be allowed, as well as the traffic 'issue. Mr. Lorber noted that a detailed traffic study had been submitted by the applicant. Applicants: Joseph Goldstein, James Harris, Michael Getz (Shoal Creek Properties) Mr. Goldstein provided a detailed visual / verbal presentation of the proposal. The Board inquired about which lot size measurement (gross or net area) is used to determine F.A.R (floor -area ratio). Mr. Goldstein referred to the City's zoning code for explanation. The Board inquired as to the square footage size of the 'dwelling units. The applicant's representative responded that the average size will be 930 s.f. with the highest being 1,130 s.f. (for the 3- bedroom unit). Mr. Lorber emphasized that all those details will be covered in the zoning application. The Board also raised concern regarding the height of the building which appears to them to exceed the maximum height allowed by code. Staff explained that some ornamentation above the roof may give the appearance of a higher structure but it is not counted as part of the height. Mr. Lorber informed the Board that the ,applicant would be required to go before the Environmental Review & Preservation Board (ERPB) for the ornamentation phase of the project. The Board expressed concern regarding this project as it would contribute to consume the valuable resources of the few vacant land existing in the City, and the fact that no provision' was being made to provide affordable housing. Staff noted that renting is much more affordable than purchasing and a large scale of the population could benefit from the 2 .. _,_ Planning Board Meeting July 10, 2001 The Board further inquired about the relatively small percentage of space designated for retail presented with the proposal. The applicant's representative noted that there were various issues involved such as security issues, possible lack of tenants, and that they would be bringing more information on this issue at their next presentation. Before opening the public hearing the attorney noted there was no need for the speakers to be sworn in since the following would not be a quasi-judicial hearing. Speakers: (residents in support of the proposals (residents against the proposal) Cal Rosenbaum, 6101 Sunset PI Walter Harris, 7100 SW 64th Ct Joe C. Francis Meltzer, 8340 SW 60th Ave Michael Miller, 6796 SW 62nd St Dean Witman, 6259 SW 70th St Bill Enright, South Miami Hospital Mark Radosevich, 5703 SW 83" St Christopher Cook - Yarborogh, 6800 SW 64`" Ave Mario J Salazar, 7030 SW 63rd Ct Luciana Barreto, 5959 SW 71St 'St Ida Harris, 7100 SW 64th Ct Charles Fostini, 5900 SW 82 °1 Gus Williams, 7000 SW 63rd Ct Dick Ward, 8325 SW 62nd Ct David Tucker, Sr., 2556 SW 781" Ter Roxanne Scalia, 6925 SW 63" Ct Al Elias, 7150 SW'62nd Ave Greg Oravec, CRA Director In summary, residents who spoke in support of the proposal, felt that the construction of a primarily, residential apartment building would be beneficial to the City, since it would enhance the area, create a safer environment, particularly at night, and definitely be much better `than having an office building. They also favor the idea of having accessible retail in the proposed area. For those residents who spoke against of the proposal, the majority expressed concern about over development within the City, and also preferred a four -story as opposed to a six -story building. Mr. Goldstein returned to the floor and recapped his presentation, assuring those present that the applicant will be working with the City with the details of the proposal as part of the rezoning process, which should be back before the Planning Board at its August 14`n, 2001 meeting. Motion: Mr. Comendeiro moved and Ms. Gibson :seconded the motion to approve the request to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the Future Land Use Category from the Mixed -Use Commercial Residential (four- story height) category to the TODD, Transit Oriented Development District category (flexible height up to 8 stories), the approval to be subject to the following staff recommended conditions: 3 Planning Board Meeting July 10, 2001 Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: • maximum number of dwelling units 300; • maximum height of structures on the site —6 stories (60 feet); • maximum floor- area - ratio -2.25; • minimum of 10,000 sq. ft. of retail / commercial space to be located along the ground floor of the S.W. 59th Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading (final adoption) of this Comprehensive Plan Land Use Amendment. the approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. Vote: Approved 5 Opposed 0 LPA -01 =002 Applicant City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH " MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS, AND TRAILS, AND PROTECTION OF NATIVE' SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN PROVIDING FOR SEVERABILITY; 'PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff presented the item emphasizing the need for this amendment which will help the City to score much higher on competitive applications for grants that will be used in the acquisition of recreation and open space facilities, preserve and protect native species; and encourage the creation of greenways and trails. Speakers: Joe C. Jay Beckman The Board and staff briefly discussed the request. Staff advised that time is of the essence on the proposed amendment due to a deadline in November of this year in order to qualify for the competition of these grants offered by the State. Staff also explained that these amendments are not intended to revise the entire element. The Conservation and Recreation elements are revised once every five years and the process is called EAR (Evaluation and Appraisal Report). 4 i Planning Board Meeting July 10, 2001 Mr. Beckman addressed the Board and staff that during research for the previous LPA -01- 001,'he found discrepancies in the Comprehensive Plan having to do with public facilities, etc. Mr. Lorber accepted his suggestions stating that these will be addressed at a later date. Motion: Mr. Comendeiro moved for approval of the request and Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 At this point Mr. Morton closed the Local Planning Agency agenda and called the Planning Board to order. IV. Planning Board : Public Hearings Mr. Morton announced that item PB -01 -011 (Corporate Property Services) on the agenda would be deferred at the request of the applicant. PB -01 -010 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES, IN ORDER TO EXEMPT RESTAURANTS LOCATED ON US I (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY,- ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item. Speakers: David Tucker, Sr. Ricky Warman The Board and staff discussed the proposed amendment. Mr. Lorber explained there is a provision of the City Code which requires a minimum distance between an establishment selling alcoholic beverages and residential property, churches, and schools. The distance is five hundred feet. However, this provision also exempts restaurants facing Bird Road. The amendment would extend, this exemption for all restaurants located on properties facing US 1. The issue of setting a precedent as for other fast food establishments to sell alcoholic beverages was also discussed. Motion: Mr. Morton moved approval of the request subject to the inclusion of wording limiting this exemption only to restaurants with consumption on the premises. Mr. Liddy seconded the motion. Vote: Approved 5 Opposed 0 5 Planning Board Meeting July 10, 2001 V. Approval of Minutes Action; A. The Board duly voted on and approved the minutes of May 29, 2001 with an amendment to item PB -01 -004 (AT &T 'Wireless Services). See attached Revised Page 2 of May 29 2001 minutes. Vote: Approved 5 Opposed 0 VI. Discussion Items There were no discussion items. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:30 PM. P�— RGL /mmm K: \PB\PB Minutes\2001 Minutes\MINS 07- 10- 01.doc 6 zx Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58' AVE., WITHIN THE "PI ". PUBLIC / INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole - tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, 'due to the above concerns, staff had recommended denial of the request. The revised plans submitted by the applicanrxshov� a reduction in the Height of the pole to 75 feet, also showing removal of'the barb eet wire from the` screen fencing around the electrical equipment building..ln addition, the applicant has carried out a line -of- 'sight study from several locations n.the surrounding residential neighborhoods. The results indicate that the flagpole wi11 not be visible from most of these locations. The applicant is also proposing to 'plant heavy vegetation with 12 feet high trees which is in addition to the existing 60 -80 feet high trees between the flagpole and the residences which will contribute to significantly screen the tower. Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman ( Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five - minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42 "d Terrace Martha Cruz, 5801 SW 42 "d Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined F SATURDAY, JULY A 2001 -.'the Herald :yu 1 14 i CITY OF SOUTH MIAMId NOTICE O'F COMPREHENSIVE PLA AMENDMENTS NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City Commission of the City of South Miami will conduct a public hearin at its regular City Commission meeting scheduled for Tuesdayy, July4, 2001 be inning at 7:30 PM in the Cii Commission Chamber' Cittyy� Hall 613 Sunset Drive, to considder the following c escnbed ordinance(s): (A) rz � ��C { ,r Location Map: Proposed Amendment (B) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE .PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, ` BY ADDING AND REVISING FOR PARK AND RECCREATIOENCOURAGING F E, GREE WAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING ' AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCE IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances can be inspected in the City Clerk's Office, Monday- Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at 305 -663 -6326. All interested parties are invited to attend. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.10105, the City hereby advises the public that if a person derides 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 rXord of the proceedings is rr$de which record includes the testimony and evidence upon which the appeal is to be based. t i F FRIDA� -< 5p oc 2om7`he Herald x .1 CITY 'OF' SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN A' AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City Commission of the City of South Miami will conduct a public hearing at its regular City . Commission, meeting 'scheduled for Tuesday, October 16, 2001 beginning at 7:30 PM in the City Commission Chamber,- City Hall ,6130 Sunset Drive, to consider the following described ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ,AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK' AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances can be inspected in the City Clerk's Office, Monday- Friday during regular office hours. i Inquiries concerning this item should be directed to the Planning Department at 305 663 -6326. All interested parties are invited to attend. Ronetta Taylor, CMC City Clerk City of South Miami �i Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor& Date: October 16, 2001 and City Commission From: Charles D. Scurr croe, RE: Agenda Item #—M City Manager LDC Text Amendment Height of Hedges Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING;. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City's Land Development Code (Section 20- 3(H)(2) ) sets forth height limitations on fences, walls , gates, and trellises in residential areas. These regulations limit the height to 4 feet along property lines and in required yard spaces if it is facing a street. A maximum of 6 feet in height is allowed in required yard spaces that do not face a street. These same regulations are also applicable to "hedges and vines ". Property owners who have hedges, ornamental vegetation, or landscaping exceeding these maximum heights are subject to code enforcement action including fines and penalties. It may be appropriate for the height limitations on "natural" vegetation to be reconsidered in the light of the importance of landscaping in environmental issues and in the beautification of neighborhoods. In addition, the use of vegetation or landscaping as a screening mechanism (to block views of cars, boats, ;satellite dishes) should be encouraged as an alternative to a wall or fence. SPECIFIC AMENDMENT A draft ordinance, amending Section 20- 3.6(H) of the LDC, was prepared by Planning Department staff, and reviewed by the Planning Board. The proposal would have the following results: LDC Amendment Height of hedges October 16, 2001 Page 2 1) By removing the word "hedges' from the restriction on physical barriers over four (4) or six (6) feet in height, as applicable, hedges used as physical barriers along side and rear property lines could exceed then the current height limit; 2) Repeal of the existing prohibition on ornamental vegetation extending over six (6) feet in height above grade in any required yard; 3) Hedges and vines used as a physical barrier on front property lines would also be permitted to exceed the current four (4) feet height limit; 4) No height limit would be imposed for hedges and vines on front, side and rear property lines, but they would still have to be properly trimmed and maintained. Planning Department staff believes that natural, growing plants form a more desirable physical barrier than wood fences or concrete walls. The Department recommends that the current regulations for fences and walls be retained, as excessively high wood or concrete barriers have proven to be aesthetically damaging to surrounding neighborhoods. However, high hedges of the type envisaged by the proposed ordinance, do not produce the same negative effect as oversized walls or fences. To the contrary, attractively manicured hedges can produce an extremely desirable effect on the landscape and the surrounding neighborhood, and should be permitted. PLANNING BOARD RECOMMENDATION The Planning Board felt that it was important that the front property line should not be overwhelmed by high hedges which would completely obstruct visibility of the house itself. It was felt that some level of visibility from the front property line is desirable, both from an neighborhood aesthetic perspective, and from a public safety standpoint. Therefore, the Planning Board proposed that the regulations allow hedges only up to six (6) feet high on the front property frontage with an exception for ornamental entranceways in the hedges, which could be higher. The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment. The motion to approve was made by Mr. Comendeiro and seconded by Mr. Illas. The motion was adopted by a vote of 6 ayes and 1 nay (Mr. Liddy). CITY COMISSION ACTION The City Commission, during its review of the proposed ordinance at its meeting on September 18, deferred the first reading of this item to October 2, 2001. The Commission was concerned about the six foot height limitation for hedges on front property lines, and suggested revisions that would remove the limitation on the height of hedges. Further study by Planning Department staff indicates that several local cities (Miami Beach, Key Biscayne, Coral Gables) permit unlimited hedges. Therefore, the attached draft ordinance has been amended to reflect the concern, and hedges of any height would be permitted throughout. LDC Amendment Height of hedges October 16, 2001 Page 3 The City Commission at its October 2, 2001 meeting approved the ordinance, as revised, on first reading by a vote of 5 -0. RECOMMENDATION It is recommended that the proposed ordinance, as revised, be approved on second reading. Attachments: Draft Ordinance City Commission Resolution No. 106-01'-] 1254 (authorizing initiation of amendment) LDC Sections 20- 3.6(H) Public Notices Planning Board minutes 8 -14 -01 CS /RGL /SA00?( D: \Comm Items\2001 \10- 16- 01\LDC Amend Hedges Report.doe r M.;a 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE - CITYOF SOUTH MIAMI, FLORIDA ; RELATING TO AN 6 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND 7 DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN 8 ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND 9 VINES USED AS FENCING, SCREENING OR LANDSCAPING; 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES 11 IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, The City's Land Development Code (Section 20- 3(H)(2) sets forth height 14 limitations on fences, walls, gates, and trellises in residential areas. which regulations are also 15 applicable to "hedges, vines and other natural vegetation "; and 16 17 WHEREAS, property owners who have hedges, ornamental vegetation, or landscaping 18 exceeding these maximum heights are subject to code enforcement action including fines and 19 penalties; and 20 21 WHEREAS, it is appropriate for the height limitations on "natural" vegetation to be 22 reconsidered in the light of the importance of landscaping in environmental issues and in the 23 beautification of neighborhoods; and 24 25 WHEREAS, the use of vegetation or landscaping as a screening mechanism to block 26 views of cars, boats, satellite dishes should be encouraged as an alternative to a wall or fence; 27 and 28 29 WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution 30 No. 106 -01 -11254 directing the preparation of an amendment to the text of the City of South 31 Miami Land Development Code, which would adjust the height of hedges in the front, side and 32 rear yards of property, and further directing that the amendment should be forwarded to the 33 Planning Board for review and recommendation; and 34 35 WHEREAS, a public hearing regarding the proposed amendment was held by the 36 Planning Board on August 14, 2001, 2001, at which time the Planning Board voted 6 ayes and 1 37 nay to recommend approval of the proposed amendment to the City Commission; and 38 39 WHEREAS, the City Commission desires to accept the recommendations of the Planning 40 Board and enact the aforesaid amendment. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 46 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 1 That Section 20- 3.6(H), entitled, "Physical Barriers" of the South Miami Land Development Code is hereby amended to read as follows: 20 -3.6 Supplemental regulations. (H) Physical Barriers. (2) Height limit. Residential: (b) In required yards not adjacent to a right -of -way, fences, walls, and trellises a shall not exceed six (6) feet in height above grade. (c) In required yards adjacent to a right -of -way, fences, walls, trellises, and gates and hedges shall not exceed four (4) feet in height above grade. Fences and walls may be increased by two (2) feet in height above grade, and gates may be increased by three (3) feet above grade, provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. (iii) Trellises cannot exceed four (4) feet in height along rights -of -way. Freestanding trellises not located along property lines and not installed to create a physical barrier may extend up to six (6) feet in height above grade in any required yard. Tree species included in the Official Tree List of the City of South Miami shall not be considered as physical barriers. (iv) Vines, as defined under Section 20 -2.3 may be permitted on any physical barrier. is gmater= than four= (41 foot an height above my-a-d—e- 81-o-n-cls, pae" Choi] �,,, ,,,; + +„a +„ .,,,,� c�� o+ Ln ha ;aht .,h.,o a ra° There is no height limitation for vines and hedges, but they must be maintained and trimmed regularly. All hedges and vines located along properly lines abutting _a right -of way, must be in conformity with the triangle of visibilily regulations as set forth in Section 20 -3.6 (G) 2 I Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 2 ordinance are hereby repealed. 3 4 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 5 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 6 the validity of the remaining portions of this ordinance. 7 8 Section 4. This ordinance shall take effect immediately at the time of its passage. 9 10 11 12 13 PASSED AND ADOPTED this day of , 2001 14 15 16 17 18 19 ATTEST: APPROVED: 20 21 22 23 CITY CLERK MAYOR 24 25 26 1St Reading - 27 2nd Reading - 28 29 COMMISSION VOTE: 30 READ AND APPROVED AS TO FORM: Mayor Robaina: 31 Vice Mayor Felieu: 32 Commissioner Russell: 33 Commissioner Bethel: 34 Commissioner Wiscombe: 35 CITY ATTORNEY 36 37 38 39 40 41 42 43 NOTE: New wording underlined; wording to be removed indicated by strike- through. 44 3 RESOLUTION NO: 106-0-3 —34-254 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City's Land Development Code (Section 20- 3(H)(2) ) sets forth height limitations on fences, walls, gates, and trellises in residential areas. which regulations are also applicable to "hedges, vines and other natural vegetation"; and WHEREAS, property owners who have hedges, ornamental vegetation, or landscaping exceeding these maximum heights are subject to code enforcement action including fines and penalties; and WHEREAS, it is appropriate for the height limitations on "natural vegetation to be reconsidered in the light of the importance of landscaping in environmental issues and in the, beautification of neighborhoods; and WHEREAS, the use of vegetation or landscaping as a screening mechanism to block views of cars, boats, satellite dishes should be encouraged as an alternative to a wall or fence; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A draft ordinance amending the LDC pertaining to the permitted height of hedges, vines and vegetation in residential areas shall be prepared by City staff and brought forward to the Planning Board and the City Commission for review and consideration.. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24`h day of July, 2001. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice -Mayor Feliu: Yea pp -zf Commissioner Russell: Yea V r10 Commissioner Bethel: Yea CITY ATTORNEY Commissioner Wiscombe: Yea 20 -3.6 SOUTH 1ILA -MI L -UND DEVELOPMENT CODE (H) Physical Barriers. (1) All fences, walls, trellises and hedges may be erected on or along property line, but shall not extend into official public rights -of -way or project on or over adjacent prop- erties. (2) Height limit. Residential: (a) Chain link fences will not be permitted on required yards adjacent to a right -of -way. (b) In required yards not adjacent to a right -of -way, fences. walls. trellises and hedges shall not exceed six (6) feet in height above grade. (c) In required yards adjacent to aright -of -way, fences. walls. trellises, gates and hedges shall not exceed four (4) feet in height above grade. Fences and walls may be increased by two (2) feet in height above grade, and gates may be increased by three (3) feet above grade, provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. W Wooden fences exceeding four (4) feet in height along rights -of way shall provide for a minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet in height above grade. The graphic Wooden Fence Types" includes an example of both an unacceptable and acceptable prototype. (ii) Masonry walls exceeding four (4) feet in height along rights- of -way shall provide a minimum of sixty (60) percent open area for all portions be- tween four (4) and six (6) feet in height above grade. No portion of any solid masonry wall above four (4) feet in height above grade along rights - of- -way shall exceed fourteen (14) inches in width. This is to provide for vertical support (per Section 20- 3.6(H)(2)(c)) of screening material. The remaining balance of open area may be screened by metal work, wooden lattice or any other nonmasonry screening material. A minimum of sixty (60) percent open area shall be maintained. The graphic "Masonry Wall Types includes an example of both an unacceptable and an acceptable prototype. Supp. No. 1 55 Trellises and hedges cannot exceed four (4) feet in height along rights- of-way. Freestanding trellises not located along property lines and not installed to create a physical barrier may extend up to six (6) feet in height above grade in any required yard. Ornamental vegetation and landscaping not located along property lines and not installed to create 1 a physical barrier may extend up to six (6) feet in height above grade in { any required yard. Tree species included in the Official Tree List of the City of South Miami shall not be considered as physical barriers. (iv) Vines, as defined under Section 20 -2.3 maybe permitted on any physical barrier, but in no case shall a vine be allowed to create a one-hundred- percent opacity situation for that portion of a physical barrier which is greater than four (4) feet in height above grade along any right -of -way; in no case shall vines be permitted to exceed six (6) feet in height above grade. (v) Light fixtures are permitted to extend up to sixteen (16) inches above the maximum height for permitted physical barriers on single- family resi- dential properties. Non- residential: (d) Fences, walls, trellises or hedges on property zoned for non - residential uses shall not exceed eight (8) feet' in height above grade. (3) Prohibited features. Fences constructed wholly or partially of barbed wire are ro hibited, except fences or walls exceeding six (6) feet which have a maximum t o extension of sixteen (16) inches bearing a maximum of three (3) strands of barbed .wire. Use of electrically charged fences shall not be permitted in any district. i CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 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 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as anew Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). IIi. Public Hearings PB -01 -012 APPLICANT City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR p, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. i Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow: the existing permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown" zoning district. GA r - Planning Board Meeting August 14, 2001 Speakers ( Residents) David Tucker, Sr., Douglas Adams and George David. The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater facilities resulting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100- 200 ft); the operational hours and days; introduction of transient population into the neighborhood; the noise originated by the 'air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self - destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00 PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion: Mr. Morton moved to defer the request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COtiINIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft, to 44 sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a citywide impact. Staff clarified that the existing 7.5 feet in height would not change. Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the importance of this ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request and Ms. Yates seconded the motion. Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Illas) PB -01 -014 APPLICANT: 1909 Cafe, Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GW' GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr. Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant "1909 Cafe" in the "GR" General Retail Zoning Use District. The above - referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved, therefore the trash generated from the establishment mainly consists of disposable dinnerware. 3 Planning Board Meeting August 14, 2001 Motion: Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -017 APPLICANT: City of South Miarni REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20.5.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDNG AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land Development Code (LDC) in order to _make technical corrections that would allow the continuation of existing permitted industrial uses in the "TODD- (LI -4)" Transit Oriented Development District (Light Industrial -4). With the adoption of an amendment to the LDC in 1997 which established a new zoning district (TODD), a number of light industrial ;uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105 -01- 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD '(LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals. Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they cannot be located in any zoning district. Automobile rental `age,ncy Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair-services Automobile upholstery and top shop Taxidermist 4 Planning Board Meeting August 14, 2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to approve the staffs recommendation. Vote: Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB-01 -018 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI'LAND DEVELOPMENT CODE, BY REVISING SECTION 20 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS HEIGHT LIMITS" TO PERiMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing-the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. Motion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Liddy) 5 Planning Board Meeting August 14, 2001 V Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Vote: Ayes 7 Nays 0 VI. Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28th and September I Ith, 2001. Staff noted that the September 11`h meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25'h is the tentative date for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:25 PM. 1�- R L /mmm K:\PB\PB Minutes\2001 MinutesWINS 08- 14 -0Ldoc I i 6 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal. Holidays Miami, . Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE.WILLIAMS, who on oath says that she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI- PUBLIC HEARING 10/16/01 ORD. REVISING SECTION 20 -3.6, ETC. in the XXXX Court, was published in said newspaper in the issues of 10/05/2001 ' 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 day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached c of advertisement; and affiant further says that she has n er p id nor promisea any person, firm or corporation any so , rebate, commission or refund for the purpose of s urin this adverti ement for publication in the said new pa r. e orn t and bscr' ed befog m II this 05 y f C ER / W.D. 001 MARIA I. MESA (SEAL) ` MY COMMISSION if CC 8&%Q s EXPIRES March 4, 2004 SOOKIE WILLIAMS per n�J rov&an*ffWN.,aiyP;,blicundetwtimn .mss. CITY;AF SOUTH MIAMI NbtICE OV PUBLIC NEARING NOTICEAS HEREBY.given that the,City Commission of the City of South Miami, ,Flodda willconduct a Public, Hearing during its regular City Commistion:meeting Tuesday, October 16, 2001 beginning at 7;30 p.m. in fhe City Commission Chambers, 6136 Sunset Drive, to consider the fol owing described ordinance(s): AN ORDINANCE: OFTHE MAYOR AND CITY,COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN - AMENDMENT TO THE CITY QF SOUTH MIAMI LAND DEVEL- OPMENT,CODE BY REVISING'1SECTION 2d- 3.6(H)(2)IN OR TO "ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CON - FLICT; ANDAN EFFECTIVE- DATE" AN- ORDINANCE,OF.THE MAYOR AND;CITY COMMISSION OF THE CITY OF SOUTH MIAMI,:FLORIDAr RELATING TO ELECTibNS, AMENDING ART"I`,CL7 9 OF THE CODE OF OR- DINANCtS,,ENTITLED "ELECTIONS" TOCRE,ATE SECTION 9 -12, ENTITLED "DISCLOSURE OF PRIOR FELt7NY CONVIC- TIONS, OR, PLEA.9OF GUILTY;ANO NO.CONTFST ", REQUIR. INGr CANDII?ATES'TO SUBMIT ORIMINAL BACKGROUND REPORTS; : PROV6140 `.EXCEPTIONS; ?.PROVIDING FOR SEVERABILITY, ORDINANCES IN-CONFLIOT, AND AN EF- FECTIVE DATE , AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE sCITY OF.SOUTH,MIAMI, FLORIDA,. RELATING TO BOARDS -AND COMMITTEES; AMENDINGTHE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE SEC. 2 -26.8, ENTITLED 'BUDGET REVIEW "COMMITTEE` PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR SEVERABILITY; ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS- SION OF -THE CITY`` -OF SOUTH MIAMI,.FLORIDA AMENDING THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND TO CON - ' FORM WITH CHAPTER 185, FLORIDA STATUTES; AMEND - ING SECTION i6 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR PO- LICE OI FICERS;.AMENDING SEdici °16 -14(A) TO PRO - VIDE FPOA WORMAC RETIREMENT FOR "P'OLICE AFTER THE COMPLETION OF TWENTY- FIVE'YEARS'OF SERVICE RE GARDLESS OF AGE; AMENDING SECTION 16 =14(C) TO RE- VISE THE EARLY RETIREMENT PENALTY FOR POLICE TO 36% PER YEAR; CREATING SECTION -16- 1,4(0) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BEN - EFITS, "AMENDING; SECTION 16.16(C) TO PROVIDE, FOR THE DESIGNATION OF MULTIPLE BENEFIOIARIES; AMEND- " ING SECTION 16 -19(A) TO PROVIDE THAT OITYCONTRIBU- TIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, IN- CREASING POLICE: CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONEHALF PERCENTOF PAY, AND PROVID- ING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY,PERIOD; `AMENDING SECTION 16- 19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBU- TIONS INTO AIM QUALIFIED PLAN; AMENDING SECTION 16-36 TO'PROVIDET,HAT STATE CONTRIBUTIONS SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RE- C EIPT' "AMENDING- SECTION;16.42(B)`TO.PROVIDE FOR NORMAL. RETIREMENT FOR POLICE AFTER THE COMPLE- TION OF'TWENTY-FIVE YEARS OF SERVICE REGARDLESS OF AGE; CREATING SECTION 16.42(1) TO PROVIDE A ROLL- OVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY,'PROV.IDfNG FOR RE- PEALER; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECT; N,20-16(11)(2) IN OR- DER TO ELIMINATE HEIGHT LfMi, FOR HEDGES AND VINES USED AS FENCING,' SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR SEVERABILITY; 'PROVIDING FOR ORDINANCES IN CON - FLICT; AND PROVIDING AN EFFECTIVE DATE. j AN ORDINANCE OF THE MAYOR AND CITYCOMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO GARBAGE AND TRASH; AMENDING SECTION 1123(A)(2)(3) OF THEGODE OF ORDINANCES ENTITLED 'REFUSE COL-_ LECflON FEE SCHEDULE: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office; Monday- Fri- day during regular office hours. Inquiries concerning this item should be directed to the City Managers Office at: 663 -6336. ALL interested parties are invited to attend and will be heard. - Ronetta Taylor, CMC City Clerk; City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub lic that if a person decides to appeal any decision made by this Board,' Agency Or Commission with respect to, any matter considered at its meet ing or hearing, he orsho will need a record of theproceedings and that for ccA fn anci iro thot n lmd-iim ram rd CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Mayor and City Comm'n. Charles Scurr, City Manager Ronetta Taylor, City Clerk From: Earl G. Gallop, City Attorney .October 2,_2001 Date: E at Re: Candidate Felony Disclosure Ordinance (Vice mayor Feliu) Subject: An ordinance amending the city code to require candidates to disclose prior felony convictions, or pleas of guilty and no contest; providing exceptions in instances where the record has been expunged. The ordinance is sponsored by Vice mayor Feliu. Discussion: The purpose of the ordinance is to provide', public disclosure of any prior felony conviction record of a candidate for elective office. It applies to all convictions, even where the person was pardoned or had his or her civil rights restored. The disclosure, requirement excludes instances where the record has been expunged or sealed. Expunging a record is an extraordinary judicial act. The legal effect of expunging a record is that conviction is nullified and made void. It usually takes place where a conviction was based on misconduct by a state witness or a plea was entered under duress, and the accused is determined to be innocent of the crime. We have performed legal research to evaluate whether the disclosure might interfere with a person's First Amendment rights to political association and to run for office. Our research does not indicate that this disclosure requirement unduly burdens any constitutional right. Further, we conferred with legal representatives of the Florida Attorney General and the Florida League of Cities in evaluating this subject. Recommendation: Approve the proposed ordinance. Oct -12 -01 11:34am From -NAGIN GALLOP FIGUEREDO PA 3058545351 T -067 P- 002/003 F -164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE N0. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF ORDINANCES, ENTITLED "ELECTIONS" TO CREATE SECTION 9- 12, ENTITLED "DISCLOSURE OF PRIOR FELONY CONVICTIONS, OR PLEAS OF GUILTY AND NO CONTEST"; PROVIDING FOR CRIMINAL BACKGROUND REPORTS; EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE, WHEREAS, the Mayor and City Commission of the City of South Miami believe that the public has a right to know whether a candidate for an elective City office has previously been convicted of a felony in the State of Florida or in any other state and the public has a right to information reaardina a ,candidate's criminal background, if any; and, VMEREAS, the Mayor and City Commission desire to amend article 9 of the code of ordinances to provide for disclosure of prior felony convictions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article 9 of the City of South Miami Code of Ordinances, entitled "Elections," is amended to create section 9 -12, entitled "Disclosure of prior felony convictions" to read: Section 9-12. Disclosure of prior felony convictions. At the time of qualifying for elective city office, candidates shall file an affidavit with the City Clerk stating that the candidatetW has not been convicted of a felony, or pled ug_ilty or pled no contest to a felony charge in the State of Florida or in any other state• a �'" er h be _ iieted _f elm «tip er ,,lnrl eu lw or- vied ne eiffest to —c-1--ehame. In the event a candidate has been convicted of a felony, or pled guilty or pled no contest to a felony charge, _the candidate shall provide a statement in the affidavit identifying the felony, the State and the date of the conviction or the plea, the sentence entered and any__order of restitution, and whether the candidate has received a pardon and has had his or her civil rights restored. A candidate shall not be required to disclose whether he or she has been convicted of a felony, or pled guilty or plead no contest to a felony, aztd Additions shown by underlining and deletions shown by eveFs g. Oct -12 -01 11:34am From -NAGIN GALLOP FIGUEREDO PA 3058545351 T -067 P.003/003 F -164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 r•Ti Section 2. This ordinance shall be included in the City of South Miami Code of Ordinances and Section 9.12. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: CITY CLERK MAYOR 1 st Reading — 2nd Reading — COMMISSION VOTE: READ AND APPROVED AS TO FORM Mayor Rob aina: Vice Mayor Feliu: Commissioner 'Wiscombe: CITY ATTORNEY Commissioner Bethel. Commissioner Russell: \\Dell 6100\Docurnents \City of South Miami \0022 - 001 \11190.doc Additions shown by underlining and deletions shown by e MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS. who on oath says that she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI- PUBLIC HEARING 10/16/01 ORD. REVISING SECTION 20 -3.6, ETC. in the XXXX Court; was published in said newspaper in the issues of 10/05/2001` 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 day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the a to he-i ;m advertisement: and affiant further says that she _ _/ :proms arson, firm or corporation * -�urx t_; commiss ion or. refund for the purpose -`ur lthl,.dd verti ement for publication in the said newper. AA 05 dd , vofi$4 I.ER A. D. i t � r yMARIA I: MESA (SEA L) Y COMMISSION 1 CC 885640 lar, h 4: 2004 SOOKIE WILLIAMS per *rrW anPUmicUnenrvmen AN CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Flodda will conduct a Public Hearing during its regular City Commission meeting Tuesday, October 16, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECTION 20-3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CON - FLICT, AND AN EFFECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF OR- DINANCES, ENTITLED 'ELECTIONS' TO CREATE SECTION 9 -12, ENTITLED 'DISCLOSURE OF PRIOR FELQNY CONVIC- TIONS, OR PLEAS OF GUILTY AND NO CONTEST', REQUIR- ING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND REPORTS; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EF- FECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE SEC. 2 -26.8, ENTITLED 'BUDGET REVIEW COMMITTEE'; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR SEVERABILITY;'ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND TO CON- FORM WITH CHAPTER 185, FLORIDA STATUTES; AMEND- ING SECTION 16 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR PO- LICE OFFICERS; AMENDING SECTION 1614(A) TO PRO- VIDE SCR NORMA'_ RETIREMENT FOS PCLICE C, ,' =R THE OF L MPLE? ON F TWE T( -FIVE PS;OF SE tYi_c RE ' GA—.-LESS OF )LF; AME ,'DING SECTtiy. 16-'4(C) `:ORE- VISE THE EARLY RETIREMENT Pt Ni +LTY FOR POLICE TO 3% PER YEAR; CREATING SECTION 16 -14(F) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BEN- EFITS, AMENDING SECTION 16.16(C) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMEND- ING SECTION 16 -19(A) TO PROVIDE THAT CITY CONTRIBU- TIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, IN- CREASING POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONE HALF PERCENT OF PAY, AND PROVID- ING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD; AMENDING SECTION 16- 19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBU- TIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION 16 -30 TO (,PROVIDE THAT STATE CONTRIBUTIONS SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RE. CEIPT; AMENDING SECTION 16 -42(B) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLE- TION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OF AGE; CREATING SECTION 16 -42(I) TO PROVIDE A ROLL OVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A RE- PEALER {'AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA!i,RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING' SECTION 20-3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT. LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CON- FLICT; AND PROVIDING AN EFFECTIVE' DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11.23(A)(2)(3) OF THE CODE OF ORDINANCES ENTITLED "REFUSE COL- LECTION FEE SCHEDULE: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday -Fri- day during regular office hours. Inquiries concerning this item should be directed to the City Manager's Office at: 663 -6336. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMG City Clerk City of South Miami Pursuant to Florida Statutes 266.0105, 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 _....� _..,.,,,,,,,,,,,,,,,,,a .........,., ..v b" owe - rh.l � vorhatim rocnrri U m A" • INCORPORATED 1927 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission From: Charles Scurr Re: Agenda Item City Manager Creating Budget Review Committee REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE SEC. 2-26.89 ENTITLED "BUDGET REVIEW COMMITTEE"; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached ordinance on for first reading and sponsored by Commissioner Russell creates a Budget Review Committee. The purpose of this Committee is to provide advice and recommendations to the Mayor and City Commission and to the administration regarding the adoption and implementation of financially sound annual budgets. RECOMMENDATION Approval is recommended 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS 5 AND COMMITTEES; AMENDING THE CODE OF ORDINANCES OF 6 THE CITY OF SOUTH MIAMI TO CREATE SEC. 2- 26.8, ENTITLED 7 `BUDGET REVIEW COMMITTEE "; PROVIDING FOR THE DUTIES 8 AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 10 DATE. 11 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami value 15 citizen review and advice regarding the approval of the annual budget for the City and the 16 implementation of the budget; and, 17 18 WHEREAS, the Mayor and City Commission desire to create a permanent budget 19 review committee which will review revenue and expenditures on a quarterly basis, and 20 give advice to the city commission and the administration on revenue, expenditures and 21 the proposed annual budget. 22 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The City of South Miami Code of Ordinances is amended to create 28 Section 2 -26.8, entitled "Budget Review Committee" to provide as follows: 29 30 Sec. 2 -26.8. Budget Review Committee. 31 32 (a) There is hereby created a budget review committee. The purpose of the 33 committee is to provide advice and recommendations to the Mayor and City Commission 34 and to the administration regarding the adoption and implementation of financially sound 35 annual budgets. To accomplish this purpose, the Director of Finance shall provide the 36 committee members with copies of quarterly and annual financial report as soon as they 37 are available following the close of the quarter and the fiscal year. The annual audit 38 report shall be provided to committee members within 30 days of delivery to the City by 39 the independent auditors. The proposed budget shall be delivered to the committee 40 members not later than the date it is delivered to the city commissioners. 41 42 (b) The budget review committee shall review the financial reports for 43 consistency with the adopted annual budget for the City. The committee shall discuss Additions shown by underlining and deletions shown by everstfil g I with the administration its review of the quarterly and annual financial reports, its 2 projected anticipated variations, if any, and it shall notify the administration and the city 3 commission accordingly. The committee shall present a report to the city commission 4 not less than annually. 5 6 (c) The committee shall consist of not more than three members. In making 7 appointments to the committee the mayor shall endeavor to appoint at least one person 8 who possesses substantial experience in banking and finance. The initial appointments to 9 the committee shall be for a term that expires on October 1, 2002. Thereafter, 10 appointments shall be staggered for terms of one, two and three years. 11 12 (d) The committee may, but is not required to, appoint a chairperson. A 13 quorum of the committee shall consist of a simple: majority, unless the committee consists 14 of two persons, in which event a quorum shall consist of one member. All meetings of 15 the committee are subject to the Florida Sunshine Law requirements for notice and public 16 meeting. All documents, including email communications, prepared by the committee or 17 a committee member are public records. The committee shall meet with representatives 18 of the administration at a mutually convenient time. 19 20 Section 2. This ordinance shall be included in the City of South Miami Code of 21 Ordinances and Section 2 -26.8. 22 23 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 24 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 25 shall not affect the validity of the remaining portions of this ordinance. 26 27 Section 4. All ordinances or parts of ordinances in conflict with the provisions 28 of this ordinance are repealed. 29 30 Section 5. This ordinance shall take effect immediately upon approved. 31 32 PASSED AND ADOPTED this day of October, 2001. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 1st Reading - 40 2nd Reading 41 42 COMMISSION VOTE: 43 READ AND APPROVED AS TO FORM Mayor Robaina: Additions shown by underlining and deletions shown by ever-stFild►g -., - - _ 'T'F6��i4' --9"k ..:i -- �"s,�.'�.�i ,...N ""�:T"�°�.r�. ''�§ �d�\Yr ,S:�.� �.d ,E%'^;•'.°^'i �`k��, .,rY^ _ I Vice Mayor Feliu: 2 Commissioner Wiscombe: 3 CITY ATTORNEY Commissioner Bethel: 4 Commissioner Russell: 5 6 \\Dell_6100\Documents \City of South Miami \0022 - 001\1 1387.doc Additions shown by underlining and deletions shown by ewrstfiking MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays - Miami. Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS. who on oath says that she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI- PUBLIC HEARING 1011 6/Ol ORD. REVISING SECTION 20 -3.6, ETC. tin the XXXX Court, was published in said newspaper in the issues of 10/05/2001 iant further says that the said Miami Daily Business view is a newspaper published at Miami in said Miami -Dade unty. Florida and that the said newspaper has -etofore been continuously published in said Miami -Dade County, rida, each day (except Saturday, Sunday and Legal Holidays) J has been entered as second class mail matter at the post ce in Miami in said Miami -Dade County, Florida, for a 'iod of one year next preceding the first publication of the 7clc of advertlsement: and affiant further says that she norpromisea any person, firm or corgi t, rebate commission or refund for the purpose ^ �thls advertisement for publication in the said FWN ,A ldm A. D. MARIA 1. MESA 4 MY CCMMIST, i 00 8 &5540 a`r EXPIRES: 4, 2004 E WILLIAMS per r�NV.lrtov&lrtb t4�ho ry?, Ik Undew Mn A CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday, October 16, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CON- FLICT, AND AN EFFECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF OR- DINANCES, ENTITLED 'ELECTIONS' TO CREATE SECTION 9 -12, ENTITLED 'DISCLOSURE OF PRIOR FELONY CONVIC- TIONS, OR PLEAS OF GUILTY AND NO CONTEST', REQUIR- ING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND REPORTS; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EF- FECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE SEC 2- 26.8 „ENTITLED 'BUDGET REVIEW COMMITTEE '; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF HE COMMITTEE PROVIDING FOR SEVERABILITY; ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS - SION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND TO CON- FORM WITH CHAPTER 185, FLORIDA'. STATUTES; AMEND- ING SECTION 16 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR PO- LICE OFFICERS; AMENDING SECTION 16 -14(A) TO PRO VIDE FORNORMI ?- REIIREM FO wLICEAFTERTHE 1_E f 0 „ J, 'WEfN� r -::VE ..A C. SERVICE RE- <..R',LE ^S 0 A 1�; , iD!tlo SE, -ir,N 15- 14(C) "TO RE- VISE THE EARL Y RZETMtE 1!S ;t FOR POLICE TO 3% PER YEAR; CREATING SECTION 16 -14(F) TO PROVIDE FOR OPTIONAL ACTUARIALLY' REDUCED SURVIVOR BEN- EFITS, AMENDING SECTION 16.16(C) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMEND - ING SECTION 16 -19(A) TO PROVIDE THAT CITY CONTRIBU- TIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, IN- CREASING POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONE'HALF PERCENT OF PAY, AND PROVID- ING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD; AMENDING SECTION 16- 19(C) TO',PERMITROLLOVERS OF REFUNDED CONTRIBU- TIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION 16 -30 TO: PROVIDE THAT STATE CONTRIBUTIONS SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RE- CEIPT; AMENDING SECTION 16 -42(B) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLE- TION OF TWENTY-FIVE YEARS OF. SERVICE REGARDLESS OF AGE; CREATING SECTION 16-A2(i) TO PROVIDE A ROLL- OVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A RE- PEALER; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECTION 20-3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT LIMITS' FOR HEDGES AND VINES USED AS FENCING; SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CON- FLICT' AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11- 23(A)(2)(3) OF THE CODE OF ORDINANCES ENTITLED "REFUSE COL- LECTION FEE SCHEDULE: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday -Fri- day during regular office hours. Inquiries concerning this item should be directed to the City Manager's Office at: 663 -6336. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pu rsuantto 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 ..... r,,,,.,,a ,,,.., noo.i to on , o thvt a —hatim --rd . ,.r.,, ,n a," L:..ak:.•.. -. ,r . na. i .x,- .+'T'x'az.•. °r^a,,..� -°?="i T"r °?�y ;.-, a'><F - CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: September 27, 2001 FROM: Charles D. Scurr City Manager Re: AGENDA ITEM # Commission meeting 10/2/01 Pension Board The Request AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND TO CONFORM WITH CHAPTER 185, FLORIDA STATUTES; AMENDING SECTION, 16 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR POLICE OFFICERS; AMENDING SECTION 16 -14(A) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLETION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OF AGE; AMENDING SECTION 16 -14(C) TO REVISE THE EARLY RETIREMENT PENALTY FOR POLICE TO 3 % PER YEAR; CREATING SECTION 16 -14(F) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BENEFITS; AMENDING SECTION 16 -16(C) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMENDING SECTION 16 -19(A) TO PROVIDE THAT CITY CONTRIBUTIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, INCREASING POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONE HALF PERCENT OF PAY, AND PROVIDING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD; AMENDING SECTION 16 -19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBUTIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION 16 -30 TO PROVIDE THAT STATE CONTRIBUTIONS SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RECEIPT; AMENDING SECTION 16 -42(B) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLETION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OF AGE; CREATING SECTION 16 -42(I) TO PROVIDE A ROLLOVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; `PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. Background and Analysis The Florida' Legislature has revised the requirements for police pension fund receiving state monies under Chapter 185, Florida Statutes. Currently, the City of South Miami Police Officers Retirement Trust Fund receives Chapter 185 monies and is governed by the recent amendment to Chapter 185. The finalized pension ordinance will put the South Miami Police Pension Plan in compliance with Chapter 185, Florida Statutes. Following passage of the ordinance will allow the Division of Retirement in Tallahassee to release the funds owed to the Pension Plan. This ordinance was drafted by Robert D. Klausner, P.A., the City's pension attorney. RECOMMENDATION I recommend approval. Th �. mom Sent By: ROBERT D KLALISNER PA; 954 918 1232, Sep -28 -01 16:51; ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, - 'FLORIDA, AMENDING TiiE MOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND TO CONFORM WITH CHAPTER 185, FLORIDA STATUTES; AMENDING SECTION ,16 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF VINAL AVERAGE COMPENSATION FOR POLICE OFFICERS; AMENDING SECTION 16 -14(A) TO PROVIDE FOR NORMAL RBTIRSIZNT FOR POLICE AFTER THE COMPLETION OF -FIVE YEARS OF 'SERVICE REGARDLESS' OF AGE; AMENDING SECTION 16-14(C) .TO REVISE THE EARLY RETIREMENT PENALTY FOR POLICE TO 3% PER YEAR; CREATING SECTION 16 -14 (F) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BENEFITS; AMENDING SECTION 16 -16 (C) TO PROVIDES FOR THE DESIGNATION OF MULTIPLE BSNBFICIARIES; AMENDING SECTION 16 -19(A) TO PROVIDE THAT CITY CONTRIBUTIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, INCREASING POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN An ONN Mir PERCENT OF PAY, PROVIDING FOR AN INCREASED POLICE CONTRIBUTION IF THE TOTAL CONTRIBUTION FOR THE PLAN EXCEBDS'> SEVENTEEN PERCENT, PROVIDING FOR PAYMENT Or A MINIMUM OF $12,498.00 BY THE SOUTH MIAMI POLICE OFFICERS RBTIRF MXNT TRUST FUND TO THE SOUTH MIAMI PENSION PLAN BACH YEAR, AND PROVIDING THAT POLICE CONTRIBUTIONS SEALL $S DEPOSITED FOLLOWING SACK PAY PERIOD; SING SECTION 16-19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBUTIONS YNTO A TAX QUALIFIED PLAN; AMENDING SECTION 16-30 TO PROVIDE THAT STATE CONTRIBUTIONS SHALL BE DRFOSITED INTO ;,TEE FUND IDmxDIATZLY UPON RECEIPTI AMENDING SECTION is- 42!i (8) TO PROVIDE FOR NORKA4, RXTIRMdENT FOR POLICE AFTER THE ; COMPLETION OF TwElm —FIVE YEARS OF.E22VICZ REGARDLESS OF AGE; CREATING SECTION 16- 42'(I) TO PROVIDE A ROLLOVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SMWILITY; PROVIDING FOR A REPEALER) AND PROVIDINM FOR AX EFFECTIVE DATE. Page 2 of 11 Page 2 Bent By ROBERT d KLAUSNER PA, 954 916 1282, Sep -28 -01 16:62, Page 8 WHEREAS, the Florida Legislature has revised the requirements for police pension funds receiving state monies under Chapter 185, Florida Statues; and WHEREAS, the City of South Miami Police Officers Retirement Trust Fund receives Chapter 185 monies and is governed, by the recent amendments to Chapter 185. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Part 1. Provisions governing the South Miami Pension Plan. 8ect�s Sec. 15-12. Definitions. Section 2i * w Final Average Compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner, averaged over the last three -year period ending on the participant's retirement date, date of disability, date of termination of employment or the date of termination of the plan, whichever is applicable. Sec. 16 -14. Pension benefits and retirement date. (a) Retirement date. The normal retirement date with full unreduced pension benefits for a participant, excluding those participants who are classified as policemen, shall be the first day of the calendar month coincident with car, otherwise, next following the later of his /her sixtieth, birthday and the date on which he /she has completed ten (10) years of credited service. The normal retirement elate (the earliest date) a police officer may retire with full unreduced pension benefits is Page 2 of 11 A Sent By: RGBERT D KLAUSNER PA; 954 916 1232; Sep -28 -01 18 :62; Page 4,12 completion of twenty -five (25) years of credited police service. 'regardless gf sae. or attainment of age sixty ('90) and completion of ten (10) years of credited police service. (c) Early retirement. Table 11 - Percentages for -Early Retirement Date years Prior to -20=& 7 re tI remen t date Percentage i ft 97 a 3 4 Drati2nal forma of PaLyme„t for pn1 , gC gifigCXg A 7pgl i 2 2f f icar entit led to a normal or early service retirement benefit shall have the right at any time prig to the date anon which th.e 'first navment is received to elect to have the benefit payable under one of the g2ticna 2rovided in trais section, The officer shall be ....begMi tted to revoke any such +sleet ign and elect' a new OvtiQU At MY time p_°ior .t2 hR receipt of the first -payment, Election 2X th& ra+t 4 I-Am ant nnt• i r%r4 O'k M 1 1 h® nn M ' f nrrn A. Ijife AnnuitX. A no1jrt o:ftcgr may elect ti2 r ; S4ye an annuity y for life, Thin shgkjj be the ngrM& , farm of retirement There shall be no guaraiteed payment in excees of Page 3 of 11 Sant By: RGBERT D KLAUSNER PA; Sao 918 1232, Sep -28 -01 161:53; Page 6/12 C. neutral tg the Plan. section 3: Sec. 16 -15. Disability benefits. (a) if a participant becomes totally and permanently disabled for a six -month period while in the active employ of the employer, he shall receive a monthly disability benefit during the continuation of his disability commencing as of the first day of the calendar month following six (6) months of disability equal to one - twelfth of the yearly amount of pension to which he is entitled in accordance with subsection < 16 -14(b) reduced in accordance with Table 1, A ,police officer shall toe entitled to ` selact RAyMnt of a disability pension sn rig. any of the aitional forms of retirement brovided under 82ction 16- 4 f Section #: sec. 16 -16. Death of a participant. (o) Beneficiary. Each participant shall have the right to name a beneficiary and to change: his beneficiary designation from time to time. Any such exercise of rights shall become effective only in accordance with the provisions of the group annuity policy and the rules and practices of the insurance company, where applicable. Poligs ofii2egs hbg are Page 5 of 11 Sent By: ROBERT D KLAUSNER PA; 954 916 1232; Sep -28-91 16054, Page 7112 section 55: Sec. 16 -19. contributions. (a) Each participant shall contribute in each calendar year towards the cost of his pension an amount equal to three (3) percent of his earnings. With the exception of police officers, no participant shall make any contributions toward the cast of any past service pension to which he is entitled under' this plan. The employer shall armttmil - contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The ''r-ity's c®ntr' cations shall be deposited into PeneioII Plan on at least a ,quarter aC blgi a; Sworn police personnel, including bargaining unit' employees, that are now members of the retirement system and any sworn personnel who join the retirement system in the future shall, effective October 1, 1993, have >their contribution increased from three (3) percent to five (5) percent. should the city's annual contribution be actuarially determined to exceed twelve (12), both the city and the employees will share equally the amount in excess of twelve (12) percent for that fiscal year° Effective October 10 x.995, the pension contribution for all general employees, including those employees that are now members of the retirement system, shall be increased from three (3) percent to five ' ( 5) percent. Effect?ve. artober I. 2001, swgrn palioe Page 6 of 11 Sent By: ROBERT D KL.AUSNER PA; 954 916 123 2; Sep -28 -01 16:55; Page 8/12 out" benefit improvement, w * w (c) Rollover receive at the cntior A yartic!R.4at eligible to elect. a reftnd of gontlibutions may time and in the mann„gr prescribe an directly epecifiei l eligible rollover distribution Raid plan' a direct e to an eligible retirement., is by..h.g1rnant v the full. following wgrd4 and phrases shall have the wig meanings indicateds l aihle r, 211gYr.; 5 &tr112ution distril2ution all or is anv of any ocrtjQA of the balance to the credit of the dietributee, except that an eligible rollover distribution does not include: A�. pnv distribution tlxa t is ong g: a series of sQstamtjAllx payments. ( of less made for the lifg of egull annually) fioX lite than eamecZ, rY) the the joint.- iVes (or ectancjem) gf tjAC he distr buteeI beneficisr r: cr fcr distribut e._or lifg and 2229if ild joint dintributee a dCsiSna.ted a 17eribd Qf Zen years g, any distribution to or more; the gxtcut ,such distribution is required undir Eeotion ,4Qj(a)(9). of the Internal Revs: ue ` Coder and the oart'ion of any distribution that is tot includable in grosa...ing.ome.. J�U Eligible retirement plan ig an individua-l- SmG tiox� Codes. an ceried Revenue retirement aocoun, tt described is 4.4$ (a) cf the --latgraal _..RMvenue individual retirement annuityr in Sects of the in arnal I Q'8 (b) cgdo, , an annuity lan deeiorlbad in Revenue Section 403(a) of the Internal Page 7 of 11 Sent By: ROBERT D KLAUSNER PA; 954 916 1232; Sep -28 -01 16.55; Page 9/12 Cade, or a $ualilRie9 trust described in 2i=ikiattg includes as employee or formgr in add it; gn, the e employeg's or former a ldyee' a euxv'ying spouse is a dial- ;;+bUtZrr, „Xith regard tg the interest 'of the spouag.L S Direct rollover is a payment by th�Flan to the eligible rItirement plan sneo LiLgd by the distributee. Part 11. Provisions gove=iag the South Miami Police Officers Retirement Trust Fund. Sectimn 6s Sea. 16 -30. Purpose. The purpose of this article is to improve the administration, to comply with the provisions of Senate Bill No. 14 and implement the provisions of Chapter 185 of the Florida Statutes, and to prove means whereby police officers of the City of South Miami, Florida, may receives benefits from the funds provided for the purpose by Chapter 185, Acts of Florida, 19S3. The fund hereby created, being derived from monies received from the state and not from a tax levied by the City of South Miami on the City of South, Miami taxpayers, shall be in addition to any other pension plan of the City of South Miami, Florida and nothing herein shall be construed to in any way affect the operation of benefits of any other pension plan of the City of South Miami, Florida, that presently exists. A,,= monies received or' receivable by rgagga of laws '4f he gtat2 UndeL k e Rrqvisign Florida Statute for Lhe� 2 oae gf ftltltJI2 q Teti ement ilmali is for Rg ice officers Uhall he deNgs ted. in thy! City of South Miami Police Page 8 cf 11 Sent By: ROBERT D K.AUSNER PA, Fjprida Etatu.t -ega Section 7: Sec. 15 -42. Benefits. (c) Normal retirement date: The normal retirement date of a participant, including separated participants with vested rights, shall be the first clay of the calendar year month coincident with or otherwise next following his sixtieth birthd&7 the completion of t3genty -five (2 5) sears of credited police service, regardless of age or attaiaMeat of acre sixty (60) and completion of ten (10) .ii.i Ro1112ver Qption A DartioiDant may elect, at and phal s shall have the followjaS meanings indicated. 1 Eligible rollover distribution digtri_ bUtio a of all or any —too tion of the balAacg to the credit of the distributee, gxca2t that an e1gible r.S+llover distribution data not-ipgludLL .. ilay distributign that is_ one of a serjen of 9Qsj;antjgjjIY nayrn=ts (= leag than _annually} made _fcr the life for Tife . expectancy) gf the dis'trilZagge or the joint lives (or jsint life =actaacies) of the diratrib t e &nd Page 9 of 11 Sent By; ROBERT D KLAUSNER PA; 954 916 1232; Sep -28 -01 161:66; Page 11/12 od of ton years Qr Mort. diatri-bution to the extent such Re3renue • 'f' A the potti �Q g"f any distribution that is t includible in Uoss income. jLM"A.L WusIMLtU E&UL:SZtiAt1G QT. 7LIlCTIYXCIUal retirement annuity. III Digitributee includeg an jt=lovee or formeDloyae In addi gn, the employee' a or fanner 'enml,We I s sl&rvivi a spouse ig a distri butee with regard to the interest .of ` the et "gg . 2ir_ ect rollover is a ,Ra rent by the Plan to the elig bl a retirement 21AD spgcified by the distrij2utge . section 8; Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 9! Authority is hereby granted to codify this Ordinance. Page 10 of 11 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS. who on oath says that she is the VICE PRESIDENT, legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI. PUBLIC HEARING 10/16/01 ORD, REVISING SECTION 20.3.6, ETC. in the XXXX Court, was published in said newspaper in the issues of 10/05/2001 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 day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the atta�cunn?,?NS� of advertisement: and affiant further says that she as Id nor promised any person, firm or corpora y ebate; commission ocrefund for the purpose it s advertisement for publication in the said WAVA�//m �Worn to and bsnrib'E d befo e me this\ 05 de o'f�C ER A.D. J (; /.� MARIA 1. MESA (SEAL) } KAY C'Ol,;,VIaS ! It CC 865540 cyPIRE March 4, 2004 SOOKIE WILLIAMS per or8}1/1Citovfti,*nt yN aNPo- lcunderurii -re CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday, October 16, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ardinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CON- FLICT, AND AN EFFECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF OR- DINANCES, ENTITLED 'ELECTIONS' TO CREATE SECTION 9 -12, ENTITLED 'DISCLOSURE OF PRIOR FELCNY CONVIC- TIONS, OR PLEAS OF GUILTY AND NO CONTEST', REQUIR- ING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND REPORTS; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EF- FECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE SEC. 2 -26.6, ENTITLED "BUDGET REVIEW COMMITTEE'; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR SEVERABILITY; ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. r SAN ORDINANCE OF THE MAYOR AND THE CITY COMMIS- ION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND TO CON- FORM WITH CHAPTER 185,' FLORIDA' STATUTES; AMEND - ING. SECTION. 16.12 OF THE .CITY 'CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR PO- LICE OFFICERS: AMENDING SECTION 16 -14(A) TO PRO - ViDF FOP, NOR . <R i R. 4F. I OR POLICE AFTER THE C 11`, F TW 7 'F n rEAR$.OF SERVICE RE- r • 3 C .CE; dF+ - IvL,�G �E:TION 16- 14(C)'TO RE- VISE I HE !ARL r RETIREMENT PENALTY FOR POLICE TO 3% PER YEAR; CREATING SECTION 16 -14(F) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BEN- EFITS, AMENDING' SECTION' 16.16(C) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMEND - ING SECTION 16 -19(A) TO PROVIDE THAT CITY CONTRIBU- TIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, IN- CREASING POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONE HALF PERCENT OF PAY, AND PROVID- ING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD AMENDING SECTION 16- 19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBU- TIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION 16 -30 TO PROVIDE THAT STATE CONTRIBUTIONS SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RE- CEIPT; AMENDING SECTION 16 -42(B) TO PROVIDE FOR NORMAL RETIREMENT FOR: AFTER THE COMPLE- TION OF TWENTY-FIVE YEARS OF SERVICE REGARDLESS OF AGE; CREATING SECTION 16 -42(q TO PROVIDE A ROLL- OVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A'RE- PEALER;'AND PROVIDING' FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CON- FUCT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA, RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11- 23(A)(2)(3) OF THE CODE OF ORDINANCES ENTITLED °REFUSE COL- LECTION FEE SCHEDULE: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday -Fri- day during regular office hours. Inquiries concerning this item should be directed to the City Managers Office at: 663 -6336. ALL interested parties are invited to attend and will be heard. Ronetta Taylor; CMC City Clerk City of South Miami, Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for - . ...... ....... ..u„ .,,,.,,.....,o. e - c o rh-f o „ ,hntim ror —i CITY OF SOUTH MIAMI INTER OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 2, 2001 FROM: Charles D. 'Scuff RE: Agenda Item # Al— City Manager APPROVAL TO AMEND ORDINANCE "REFUSE COLLECTION FEE SCHEDULE" –First Reading The attached ordinance seeks approval to amend the existing "refuse collection fee schedule ". BACKGROUND The existing ordinance (ord. 10 -70 -686, chapter 11) has.been in place since 1970. For over 21 years the excess trash pickup fee has remained unchanged causing the city to absorb huge losses in excess trash disposal fees which are increased and regulated by Miami -Dade County. The proposed changes include Miami -Dade county refuse disposal fee increase, also the city actual cost of labor and equipment maintenance. Since its inception, the rate for half truckload, and one truckload have remained at $35.00 and $70.00 per pickup. Pursuant to the ongoing effort to reduce the Administration's "overhead cost" and to find more cost saving means to our operations, the attached resolution would help the city with the actual cost to provide this service. RECOMMENDATION The proposed changes are necessary to cover the actual expenses that are incurred in the excess trash disposal operation. Therefore approval of the attached ordinance is recommended. Attachments .,, , I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA RELATING TO GARBAGE AND TRASH; AMENDING 5 SECTION 11 -23 (a)(2)(3) OF THE CODE OF ORDINANCES ENTITLED "REFUSE 6 COLLECTION FEE SCHEDULE; PROVIDING FOR SEVERABILITY, 7 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 8 9 WHEREAS, the City of South Miami both maintains a Public Works Department and oversees 10 private collection services in regard to refuse and garbage collection in the City; and 11 12 WHEREAS, the administration recommends an amendment to Section 11 -23 of Chapter Eleven 13 of the Code of Ordinances to provide for proper fees being paid to the City for services provided. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 16 THE CITY OF SOUTH MIAMI, FLORIDA: 17 18 Section 1. That Section 11 -23 of Chapter Eleven of the Code of Ordinances is hereby 19 amended as follows: 20 21 Sec. 11 -23 Refuse Collection fee schedule. 22 (a) Domestic garbage and domestic trash 23 (2) Trash pickup in excess of %Z truck load and less than a full truck 24 load ........., _ .............................. ......... $35-.W.1110...00. . ................ 25 (3) Minimum fee per truck load....... ......................... $70-.4W--$260.00 $260.00 26 27 Section 3. If any section, clause, sentence, or phrase of this ordinance, is for any reason held 28 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of 29 the remaining portions of this ordinance. 30 31 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 32 ordinance are repealed. 33 34 Section 5. This ordinance shall take effect immediately upon approved. 35 36 37 PASSED AND ADOPTED this day of , 2001. 38 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 43 44 1 St Reading - 45 2nd Reading 46 COMMISSION VOTE: 47 READ AND APPROVED AS TO FORM Mayor Robaina: 48 Vice Mayor Feliu: 49 Commissioner Wiscombe: 50 CITY ATTORNEY Commissioner Bethel: 51 Commissioner Russell: 52 Additions shown by underlining and deletions shown by ever4Fildn . Q CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City MIAMI DAILY BUSINESS REVIEW 0 mmission meeting Tuesday, October 16, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- Published Daily except Saturday. Sunday and lowing described ordinance(s): Legal Holidays Miami. Miami -Dade County, Florida AN ORDINANCE OF THE MAYOR AND CITY COMMISSION STATE OF FLORIDA OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN COUNTY OF MIAMI -DADE: AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL- OPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN OR- DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND Before the undersigned authority personally appeared VINES USED AS FENCING, SCREENING OR LANDSCAPING; SOOKIE WILLIAMS. who on oath says that she is the PROVIDING FOR SEVERABILITY, ORDINANCES IN CON VICE PRESIDENT, Legal Notices of the Miami Daily Business FUCT, AND AN EFFECTIVE DATE Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade AN ORDINANCE OF THE MAYOR AND CITY COMMISSION County, Florida; that the attached copy of advertisement, OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO being a Legal Advertisement of Notice in the matter of ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF OR- DINANCES, ENTITLED 'ELECTIONS' TO CREATE SECTION 9 -12, ENTITLED "DISCLOSURE OF PRIOR FELONY CONVIC- TIONS, OR PLEAS OF GUILTY AND NO CONTEST ", REQUIR- ING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND CITY OF SOUTH MIAMI- PUBLIC HEARING 10116101 REPORTS; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EF- ORD. REVISING SECTION 20 -3.6, ETC. FECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION in the XXXX Court, OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO was published in said newspaper in the issues of BOARDS AND COMMITTEES, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE 10/05/2001 SEC: 2 -26.8, ENTITLED "BUDGET REVIEW COMMITTEE "; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR SEVERABILITY; ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade AN ORDINANCE OF THE MAYOR AND THE CITY COMMIS- County. Florida and that the said newspaper has SION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING heretofore been continuously published in said Miami -Dade County, THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI Florida, each day (except Saturday, Sunday and Legal Holidays) POLICE OFFICERS RETIREMENT TRUST FUND TO CON- and has been entered as second class mail matter at the post FORM WITH CHAPTER 185, FLORIDA STATUTES; AMEND - office in Miami in said Miami- Dade County, Florida, for a ING SECTION 16 -12 OF THE CITY CODE TO REVISE THE period of one year next preceding the first publication of the DEFINITION OF FINAL AVERAGE COMPENSATION FOR PO- attached c of advertisement: and affiant further says that she UGE,OFFICERS; AMENDING SECTION 16 -14(A) TO PRO - has n ecp io on prvmiseo any person - f • c c m rn, rr °OP N09 1Al RETIREMENT FOR POLICE AFTER THE 'tr't_E r ;F TWENTY-FIVE YEARS OF SERVICE HE- any scour/ rebate, commission or refund -�, ,.s� ' THE EA,- 'LYGE; AMENDING SECTION 16 -14(C) TO RE of s curio this advertl ement for publication u. Me said RETIREMENT PENALTY FOR POLICE TO new per. 3% PER YEAR; CREATING SECTION 16.14(F) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BEN - EFITS, AMENDING SECTION 16.16(0) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMEND - _ ING SECTION 16 -19(A) TO PROVIDE THAT CITY CONTRIBU- worn 6 and �ubsc bed befo a me this TIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, IN- ,P4 CREASING POLICE CONTRIBUTIONS FROM FIVE PERCENT /05 d6.yof •C ER i A.D. 001 TO SEVEN AND ONE HALF PERCENTOF PAY, AND PROVID- i ING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD AMENDING SECTION 16- 1 g(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBU- TIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION :Q MARIA I. MESA 16 -30 TO PROVIDE THAT STATE CONTRIBUTIONS' SHALL (SEAL) My Cvk16'ISSION t CC 885640 BE DEPOSITED INTO THE FUND IMMEDIATELY UPON FIE - EXrIRE b +sr h4.2004 CEIPT; AMENDING SECTION 16 -42(B) TO PROVIDE FOR SOOKIE WILLIAMS per itovjhr*rr�`u ,N Public, Und"tare NORMAL RETIREMENT FOR POLICE AFTER THE COMPLE- --- «- TION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OF AGE; CREATING SECTION 16 -42(1) TO PROVIDE A ROLL - OVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A RE- PEALER; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL - OPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN OR- DER TO ELIMINATE .HEIGHT 'LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CON - FLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11- 23(A)(2)(3) OF THE CODE OF ORDINANCES ENTITLED "REFUSE COL - LECTION FEE SCHEDULE: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday - Fri - day during regular office hours. Inquiries concerning this item should be directed to the City Managers Office at: 663 -6336, ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286. 0105, the City hereby advises the pub - lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- Ing or hearing, he orshe will need a record of the proceedings, and that for -..— „u,,,,.,,a ,,,, —,, ..,.,,,.,v t� e., —, that a —hntim r—rd 9 F H Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Date: October 16, 2001 Re: Agenda Item # 140 Special Use Application AT &T Wireless Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVENUE, WITHIN THE 111`111 PUBLIC / INSTITUTIONAL ZONING DISTRICT. SUMMARY OF REQUEST The applicant, AT &T wireless is requesting approval to place a cellular communications facility on property owned by the YMCA, located at 4300 SW 58th Ave. The facility will consist of a 75 foot high stealth tower disguised as a flagpole. An unmanned electrical equipment building will be constructed at the base of the tower. The tower and the electrical equipment building will be protected by an 8 foot high chain link fence. SITE ANALYSIS 1) The YMCA property is a 10.7 acre site located in the northeast section of the City. The property is used as a sports facility and activity center for children.' The eastern portion (approximately 25 %) of the property is developed with an administrative building, basketball courts, a swimming pool, volleyball and racquetball courts. The western section of the property consists of a soccer field and undeveloped forest area. The property is accessed only through SW 58th Ave, a dead end street that is shared with the David Fairchild Elementary School. Special Use Approval 4300 SW 58`" Ave. October 16, 2001 Page 2 of 5 2) There are two existing zoning districts covering the property: the western portion is zoned "PR", Parks and Recreation; and the eastern developed section is zoned "PP', Public Institutional Use District which permits churches, schools, government facilities and similar uses. A stealth telecommunications tower is permitted as a special use in the "PI" zoning district. 3) The property is surrounded by the following zoning districts and existing uses: ZONING North RU -1 (Miami -Dade County) Single family Residential East RU -1 (Miami -Dade County) Single Family Residential South RU -1 (Miami -Dade County) West RU -1 (Miami -Dade County) RS -4 Single Family Residential (City of South Miami) EXISTING USES Singles family residences Elementary school Single family residences Single family residences Single family residences 4) The stealth facility is proposed to be located on that portion of the property zoned "PI ". The tower, which will be disguised as a flagpole and the electrical equipment room, replaces an existing racquetball court. The sitting of the facility is adjacent to the swimming pool, the playground, the volleyball court and the basketball courts. The 75 foot tall tower is located in a gully, which is approximately 10 feet below the level of nearby residential streets. In addition the tower is located 142 feet from the east property line and 103 feet from the north property line, which complies with the required setbacks. APPLICABLE REGULATIONS 1) The City's Land Development Code contains extensive regulations for siting of telecommunications tower and antennas. The proposal in this application is considered a stealth facility as defined in Section 20 -10.2 of the LDC: "Stealth Facility —Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities - include, but are not limited to, architecturally screened, roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, power poles or trees" Special Use Approval 4300 SW 58`" Ave. October 16, 2001 Page 3 of 5 2) Section 20 -10.6 of the LDC provides that a stealth facility can be located in a "PI" zoning district if approved via a special use process. Specifically, subparagraph 1(b) states that "Stealth towers not exceeding 125 feet, shall be permitted as a principal or an accessory use pursuant to special use approval in the following zoning district: "PI", Public /Institutional. The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. 3) The proposed facility is subject to requirements and minimum standards spelled out in Section 20 -10.4 which requires the submission of the following: a) A property owner's letter consenting to the installation; b) An affidavit stating that within one -half mile of the site there are no other structures which can accommodate the facility(collocation); c) An affidavit stating that there will be no interference with other wireless communications in vicinity; d) An affidavit stating that the facility is designed to meet the current wind load criteria as set forth in the South Florida Building Code; e) An affidavit that the facility is compatible with the design of the existing structure. 4) In addition' to the above, all special uses must comply with the conditions specified in LDC Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with the surrounding uses, and LDC Section 20 -5.8 requiring that the proposed use not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area (LDC Sections attached). STAFF OBSERVATIONS 1) The maximum height limit of structures in the abutting RU -1 County zoning district is 2 stories; the height limit in the City's RS -4 zone is also 2 stories, 25 feet. The average height of trees in the vicinity of the tower facility is approximately 50 feet. 2) The applicant's original submission indicated that the height of the flagpole -tower to be 87 feet high. Staff was concerned that the height of the antenna was excessive and could not be screened from view by existing trees.. Staff was also concerned about the electrical equipment building with a barbed wire topped screen fence was located within a few feet of recreational facilities for children. These concerns were expressed to the applicant prior to the meeting. 3) In response to the concerns expressed the applicant submitted revised plans (dated 5- 22 -01) showing a reduction in the height of the pole to 75 feet and removal of the barb wire from the screen fencing around the electrical equipment building. It is important to note that the visible height of the flagpole will be 65 feet in that the pole will be located in a gully, which is 10 ft. below the ground level of nearby residential areas. Special Use Approval 4300 SW 58'" Ave. October 16, 2001 Page 4 of 5 4) In addition the applicant, using the reduced pole height, has carried out a line -of -sight study from several locations in the surrounding residential neighborhoods. The results indicate that the flagpole will not be visible from most of these locations. The applicant has also presented a selected tree height survey showing that there are a number of tall trees (60 -80 feet) located between the flagpole and the residences which will significantly help to the screen the tower. The line -of -sight study and the special purpose survey showing tree heights are included (last 3 pages) in the revised plans accompanying this report. 5) The applicant has made a good effort to respond to the concerns of staff by reducing the height and the visibility of the flagpole tower. The impact of the facility on surrounding residential areas has been minimized and staff feels that the flagpole -tower "will blend into the surrounding environment" as set forth in the definition of a stealth tower in the LDC. PLANNING BOARD RECOMMENDATION The Planning Board at its May 29, 2001 meeting recommended approval of the special use application. The motion to approve was made by Mr. Morton and seconded by Mr. Illas. The motion was adopted by a vote of 4 ayes (Mr. Illas, Mr. Mann, Mr. Morton and Ms. Gibson) and 3 nays (Mr. Liddy, : Ms. Chimelis,. and Mr. Comenderio). The Planning Board prefaced their recommendation by acknowledging the concerns of those members, of the public attending the hearing to speak in opposition to the proposed tower. However, they stated that it was clear that the applicant had done everything possible to comply with the City's existing telecommunications regulations, and to reduce the height of the tower as much as possible in order to address ,the concerns of City staff and of the nearby residents. CITY COMMISSION ACTION The City Commission at its June 12, 2001 deferred action on the application. At that time City Commission members requested the following additional information from the applicant: the impact of telecommunication facilities on property values of surrounding residential areas; visualization of the proposed flagpole superimposed on existing photographs taken from abutting residential streets; an elevation showing the appearance of and landscaping for the proposed electrical equipment building. The Commission requested that the applicant provide further information and evidence that would help to determine the compatibility of the proposed telecommunications' facility with the adjacent residential area. At the City Commission meeting of July 24, 2001 the applicant requested a deferral of the item, in order to complete the required additional studies. A deferral of the item to the August 21, 2001 was granted. Special Use Approval 4300 SW 58`h Ave. October 16, 2001 Page 5 of 5 At the Commission meeting of August 21, 2001 the subject application was deferred to the meeting of October 16, 2001. The reason for the deferral was that the requested visual representations of the proposed flagpole superimposed on existing photographs taken from abutting residential properties, which were to have been used to gauge the compatibility of the proposed tower with the surrounding neighborhood, had not been submitted to the City prior to the meeting. APPLICANT'S SUBMISSION The - applicant has submitted a report providing information on ' the impact of cellular tower installations on property values as well as a series of photographs showing a superimposed cell tower as would be seen from various locations. In addition, a revised set of plans have been submitted which includes three additional line of sight illustrations and a series of elevations showing the appearance of and landscaping for the proposed electrical equipment building. The applicant has also paid an additional fee to cover the costs of new public notices and newspaper advertisements. RECOMMENDATION There does not appear to be any reason for a negative recommendation. Attachments: Draft resolution Application Letter of intent Reduction of height letter 5 -23 -01 Location map Affidavits (3) Citizen response letters (5) LDC Sections 20 -10.7, 20 -3.4; 20 -5.8 Planning Board Minutes 5 -29 -01 Copies of Public notices Impact on Property Values Report /Special photographs Revised Project Plans dated 10 -8 -01 (site plan, survey, elevation, line of site illustrations) CS /RGL /SAY D: \Comm Items \2001 \10 -16 -01 \Special Use ATT Wireless YMCA revised.doc RESOLUTION NO. 2 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 6 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE 7 APPROVAL TO PLACE A STEALTH CELLULAR COMMUNICATIONS 8 FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 9 58" AVE., WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT 10 11 12 WHEREAS AT &T Wireless Service, on behalf of YMCA., property owners 13 of 4300 S.W. 58th Ave. has submitted an application for a special use to allow a 14 stealth cellular communications facility (flagpole) to be placed on property located at 15 4300 S.W. 58th Ave., within the "PI" Public / Institutional Zoning District; and 16 17 WHEREAS, Section 20 -10.6 of the South Miami Land Development Code 18 provides that a stealth communications facility is permitted in a " PI" , Public / 19 Institutional Zoning District as an accessory use pursuant to a special use approval 20 process ;and 21 22 WHEREAS, a stealth communications facility is subject to requirements and 23 minimum standards specified in Land Development Code Section 20 -10.4 in 24 addition to compliance with conditions set forth in Land Development Code Sections 25 20- 3.4(A) and 20 -5.8, applicable to all special use approvals; and 26 27 WHEREAS. The approval of a special use requires a recommendation from 28 the Planning Board and the approval of the City Commission after a public hearing; 29 and 30 31 WHEREAS, The Planning and Zoning Department staff recommended 32 approval of the proposed special use; and 33 34 WHEREAS, on May 29, 2001, the Planning Board voted 4 -3 to recommend 35 approval of the special use request; and, 36 37 WHEREAS, the Mayor and City Commission of the City of South Miami 38 desire to accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1: That a special use approval is hereby granted for placement of a stealth 44 communications facility (flagpole) on property located at 4300 S.W. 58th Ave., as 45 shown on the revised plans dated October 8, 2001, is hereby approved. 1 (2) 2 3 4 5 Section 2: This resolution shall take effect immediately upon approval. 6 7 8 PASSED AND ADOPTED this day of 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR' 15 16 17 READ AND APPROVED AS TO FORM: 18 19 20 21 CITY ATTORNEY 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 , 2001 Oi �,, City of South Miami Planning &- Zoning Department - - - -- -- • City Hall, 6130 Sunset ve, South Miami, Florida 33143 Telephone: (305) 663 -6326 ' Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City,tamml '..' L THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner `Owners Representative Contract to purchase _Option to purchase _Tenant/Lec APPLICATION IS <HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC Variance Comprehensive Plan Special Use _ PUD Approval Rezoning _ PUD Major Change /Special Exception _Other Briefly explain application and cite specific Code sections: Section: Subsection: Page #: Amended Date: SUBMITTED MATERIALS ; PLEASE CHECK ALL THAT APPLY: _L Letter of intent Justifications for change _ Statement of hardship Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase e,-7-%p Current survey 46rv. 3 -r- L_.z copies of Site Plan and 1 reduced copy @ 8.5 "x11" - 20 %v Property owner signatures or affidavit "OC4+ti11P Mailing labels (3 sets) and map ls; x .�L Required Fee(s) The undersigned has read this comppleted a plication and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledpge snd belief. P-as.- I(a Applicant's Signatui title- Date Upon receipt, application and all submitted materials will be reviewed for com fiance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected andpreturned to the applicant. OFFICE USE ONLY: Date Filed Date of PS Hearing Date of Commission Petition Required Petition Accepted Method of Pavment 1/10/00 L 0 T T E R M A N DEVELOPMENT CORPORATION cccoosaw TELEPHONE (305) -44-6--800,2-/ FAX (305) 446 -0840 • • • • ; i ) November 8, 2000 CITY OF SOUTH MIAMI 1 , Planning and Zoning Department City Hall 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent Public Hearing Application —AT&T Wireless Services Subject Property: 4300 S.W. 58th Avenue To whom it may concern: Lotterman Companies has been retained by AT &T Wireless Services to act as an authorized agent to process a public hearing seeking the favorable review and approval of a proposed telecommunications facility consisting of a stealth three sector section flagpole and adjacent unmanned electrical equipment building. The letter if intent is provided in conjunction with the submission of an application seeking the approval to construct a flagpole and accessory equipment located at 4300 S.W. 58t Avenue, South Miami, Florida where a YMCA facility currently operates. AT &T is a provider of wireless service, - licensed by the FCC to provide "PCS" (Personal Communication Services) in the South Florida area, including the unincorporated area of Miami -Dade County, and elsewhere. Similar to other wireless mobile telecommunication services providers, AT &T 's telecommunications network is comprised of a number of unmanned facilities which serve as relay stations for the transmission of radio signals which makes wireless mobile telecommunications possible. The antennas must be placed at heights enabling the signals to be relayed without interference from surrounding structures. To obtain the needed height, the antennas are placed on rooftops where feasible, or on antenna support structures such as lattice towers or less obtrusive "monopoles I, I Letter of Intent ••.. AT &T Wireless Services : • • % November 8, 2000 •....• Page Two •..,,, • •••) *' Due to present technology and the limited strength of these radio signals, telecommunication facilities must be located at regular geographic i6tervals; in. effept the "coverage" provided by a site is generally limited to less than orle (1 j mile." T ne specific location at which a facility is needed as well as the heigl-rt. al whidh an antenna must be placed is dependant on geographic location; 3f existing relay facilities, land characteristics and manmade structures in the area, and volume of service expected or existing at a specific location. Generally, the "search ring" for a site is limited to a specific small geographic area where coverage has been determined necessary with very little leeway for placement of the site. Conversely, without a site at a location where one is determined necessary, coverage "gaps" will exist resulting in an interruption of service in those areas. For these reasons, sites are chosen only after careful analysis and testing by radio frequency' engineers. The Specific Project and Site: Based upon careful radio frequency engineering analysis of the coverage needs of the planned AT &T network in Miami -Dade County, it has been determined that an AT &T relay facility is needed at the location indicated above to provide adequate quality coverage for the AT &T network in this area. Accordingly, AT &T seeks to locate antennas on a new flagpole and install an accessory structure adjacent to the flagpole located at 4300 S.W. 58th Avenue. As stated, the intended facility will be unmanned. A technician will visit the site approximately once a month to check the equipment. The facility will have no effect on traffic or roads; water use; sanitary sewer, nor will it create any solid waste. It will have no effect on any public services within the area. We therefore seek your favorable review and positive recommendation of this application. Should you need any additional information regarding this application, please do not hesitate to contact meat your convenience. Silouus y, t an Zoning Manager i m T: ., ART South Florida AT&T'Alreless Services, inc. Wireless Nemork Services 460 NE 215 Street Miami. FL 33179 Date: May 23, 2001 To: City of South Miami Dept of Planning & Zoning Re: Cellular AT&T Antenna Facility Id. 4 M161 to be located at Y?biCA 4300 SW 58th Avenue. To whom it may concern: This letter is in response to your request for justification for the proposed height of the telecommunication flagpole proposed for the AT &T Wireless Services antenna facility to be located at 4300 SW 58th Avenue. We are currently proposing a 75 feet stealth telecommunication flagpole for this facility. The reason it has to be this tall is for several reasons. First of all, the exact location in the property where the flagpole is proposed is approximately 10 feet below the average ground level in the surrounding area, so from the 75 feet the first 10 feet are meant mostly to make up for the difference in ground levels. Secondly the entire area to be covered by this facility contains very dense foliage. This heavy foliage causes a great amount of attenuation or degradation in RF signals. The only way we can compensate for this and still keep an acceptable transmission path - between the antenna facility and the mobile phones being served is by having, the antenna facility be above the surrounding trees. In addition the property at 4304 SW 58th Avenue where our facility is proposed contains a large number of tall trees which we estimate in the range from 50 to 70 feet. We feel that having this facility any lower would put our antennas at the same height or too close to the trees in the property. This would in turn attenuate our signal and would significantly reduce the intended coverage area and may also cause the facility to provide poor signal quality. I hope that this information is responsive to your concerns. Please let me know if l can be of further service. Very truly yours, Felix Bravo RF Engineering AT &T Wireless Services 305- 999 -668.5 R 6 Recycled Paper MM EXHIBIT `A' • Legal Description: The South %2 of the Southwest'/ of the - Northedst 74" of S • 24, less the Easterly 25.0' for Southwest 58t' Aypnue, ri0ht -of • • • way and the South %2 of the Southeast % of the•Northwest•M;of the Northeast % of Section 24, Township 54 Sautfl Range-40 •" ", East, Dade County, Florida. ..,,, ..... :.... too a . - wu AT &T South Florida AT &T Wireless Services, Inc. Wireless Network Services 460 NE 215 Street Miami, Fl 33179 Date:: May 02, 2001 To: City of South Miami Dept of Planning & Zoning Re: Cellular AT &T Antenna Facility Id. 4 M161, to be located at YMCA 4300 SW 58th Avenue. To whom it may concern: This letter responds to your request for information about the AT &T wireless antenna facility to be located at 4300 SW 58th Avenue and other potential alternative candidates where we could build this facility. For a long time AT &T Wireless Services has been trying to improve the cellular coverage in the area surrounding the main intersections of Bird Road and Red Road. After exhaustive search of the area we have not found any city owned towers or support structures that could accommodate our antenna facility within 1/2 mile of the proposed location. Also we have not found any non -city owned towers or support structures that could potentially accommodate our antenna facility within 1/2 mile of the proposed location. In addition we have not found any towers or structures within our proposed search area that could potentially meet our technical requirements. I hope that this information is responsive to your concerns. Please let me know if I can be of further service. Very truly yours, 14- �� Felix Bravo ra o RF Engineering orarttes AT &T Wireless Services ,pa`'4r: My cam , WO' 305- 999 -6685 , DOM np,;i19.2WS (�r4vv w �s Pe�s��w lwh . �q Recycled Paper `�.. I L 0 T T E R M A N DEVELOPMENT CORPORATION CccDOSM7 2511 PONCE DE LEON BOULEVARD- SUITE 200 / CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 446-8002 / FAX (305) 446 -0840 May 1, 2001 Mr. Richard Lober Director of Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Planning Bd. Application PB -01 -004 AT &T Wireless Services YMCA Subject Property: 4300 S.W. 58th Avenue Mr. Lorber This letter is in reference to the requirements from the City of South Miami Municipal Code, Siting Regulations for Telecommunication Towers Section 20- 10.4(C)(7)(a). Under this requirement, the applicant must demonstrate that diligent efforts were made to install the facilities on City -owned telecommunication facilities located within a Y2 mile radius of the proposed telecommunication tower site.< In an effort to meet the above- mentioned criteria, efforts were made, to locate potential City -owned sites in order to co- locate the facilities onto an existing tower. However, we have been unable to locate any City -owned towers or structures within the Y2 mile search ring that would accommodate our facilities and technical requirements. Unfortunately, due to the geographic location requirements, most of the surrounding properties are single-family residential developments. Therefore, our only potential candidates were the Public School and the YMCA (application) sites. Should you have any additional questions, please advise. Rest Ily S e A o Bust ante Zoning Manager �,,P Cindy orant5s My Comm;"w D0019233 cc: File ; ,/ Expires W119. 2006 AB /cm F: \DOCS\AIdo \Letters\Zoning Submittal Project Letters \Back -up info-MI-1 61 (a).doc L O T T E _R MAN DEVELOPMENT CORPORATION occ005=' _ 2511 PONCE DE LEON BOULEVARD - SUITE 200 / CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 446 -8002 /FAX (305) 446 -0840 May 1, 2001 Mr. Richard Lober Director of Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Planning Bd. Application PB -01 -004 AT &T Wireless Services YMCA Subject Property: 4300 S.W. 58th Avenue Mr. Lorber: This letter is in reference to the requirements from the City of South Miami Municipal Code, Siting Regulations for Telecommunication Towers Section 20- 10'.4(C)(7)(b). Under this requirement, the applicant must demonstrate that diligent efforts were made to install the facilities owned by private individuals within a Yz mile radius of the proposed telecommunication tower site. In an effort to meet the above - mentioned criteria, efforts were made to locate the tower facility on the school property just west of the proposed site. The School had been approached as--a potential candidate, but the school Principal declined to allow the facility on the school property at that time. Unfortunately, due to the geographic location requirements, all the surrounding properties are in an RU -1 zoning where such facilities are not allowed. Therefore, our only potential candidates were the Public School and the YMCA (application) sites Should you have any additional questions, please advise S _h4e q s fr (11 4 /;'1a - adw & Zoning Manager �pAYN Cindy orantea cc: File MyCom U3ion000192�1 of ti Expires A d 19, 2M AB /cm hApwl &S ^avi \ \NTHOSTIF \DOCS\ Aldo \Letters\Zoning Submittal Project Letters \Back -up info- ML- 161.doc klv'wn 20.10.7 Procedure for special use. - 7 Any of the permitted special uses in this Article may be approved and permitted by the City Commission at a public hearing, upon an affirmative vote of four of the Commissioners, after a recommendation by the Planning Board, provided that the use complies with the require - ments of this Article, Section 20- 3.4(A), entitled "General Requirements, Section 20 -5.8, entitled - "Special use approvals," and any other requirements and conditions the City Commission may consider appropriate and necessary 20 -3.4 Special use conditions. Any of the following special uses may be approved and permitted by the city commission at a public hearing, after a recommendation by the planning board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20- 3.3E), and that such use complies with the following general and special requirements and any other conditions that the city commission may consider appropriate and necessary: (A) General Requirements: (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any wdsting or planned surrounding uses. ' (3) A public hearing shall be held by the city commission to determine the overall compatibility of the use with the surrounding neighborhood.. \ 20 -5.8 Special use approvals. (A) Use Schedule Reference. A special use may be granted for any use indicated in the Permitted Use Schedule (Section 20 -3.4E) with an "S" designation in the appropriate district column. (B) Required Conditions. (1) Prior to approving a special use, the city commission shall find that such use greets the conditional requirements set forth in Section 20 -3.4 and that it: (a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; _ (b) WiIl not be detrimental to the public welfare or property or improvements in the neighborhood; and (c) Complies with all other applicable Code provisions. (2) Additional Conditions. The city comrussior. may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirements. (C) Expiration of Special Use Approvals. An approved special use shall lapse after six (6) months if no building permit or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause. (D) Extension of Special Use Approvals. Four (4) affirmative votes of the city commission may grant an extension for a previously approved special use if a proper and timely request is made by the applicant prior to the expiration of the approval period. (E) Special Use Reapplication. No reapplication for a special use shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a special use involving the same or substantially the same property, unless ev dence is submitted to and accepted by the city commission which justifies such reconsideration. Neighbors of South Miami City of South Miami plaunin- & Zoning Dept, 6130 Su;set Drive' South Miami, IN 33143 To: Mr. Richard Lorber Director of PIanning City' Of south Miami Ref: Item: PB-01-004 Applicant: AT &T Wireless Service Antenna. Dear Mr. Lorber and all other members of the Planning & Zoning Department,. Ma this letter serve as a notification to all the members and parties involved in Project of building an 80' feet tall antenna at Y-1ygCA site located 4300 , the street, OPPOSE to this project. S`}' Not only this antenna will decrease the value of our 'pro Properties, but Weapon to our children in our .neighborhood, 1 his is r esiden , is also a harmful not a commercial. residential neighbor hood, Please find names and address of all the persons oppose, We trus t that our opinions count. We believe we must keep our neighbor as health y&& as caa be. Name: J vc+ cam. Address: ` 6.s'c Sc.J SiE frJeft4) -e Name: Address: ess: _ �'al�..�4J•a�t,�f1 '- Na Address: 5�3 NT f t. Address: 0 At 5 UJ V j 57 i*t Na e o Address: s Address, Nam=, f� ph Addres9: h , j tj -S Name: N S Address: aJls 001 h -p rVf 111 u Address: ramp Eet�.' 6a t� scca 1, 3- 7' 33� r Name: I1d (�lv�lt Address: Fta 3 r� Name: (Address: ,Sf� Address. �L lt,. Name: ' `2�t1 4 S lVI, i O To" Address: - Name: ; g � S Address: �� ' A5_1 �- Name:'/NGuL Address: �L� Name; coo �� Address; 6(J "< ozyf cote Vey Address. & W e�C� js s f—^^ rT w>.,;`r -- ,"`; �?7^sK�- �!- °''��-- ?'.r�°-. .s?';t!*-�^ = —^�'�5 , ,, •x.,'T °""•F ^,-r-�.YF ;�° .fiy,:,<��^ :4 t.,.iT��u€s r,'�,: v, , �7 a rim I. !�` � ✓ate �/ � . ii . t•x lam� !. -��''/ _ �j �� /�'�/ PC WA r �7 a Martha. S. Cruz 5801 S.W. 42 Terrace Miami, Florida 33155 City Of South Miami .. Planning & Zoning Dept, 6130 Sunset Drive South Miami, Fl 33143 Tor Mr. Richard Lorber Director of Planning City of South Miami Ref: ITEM; PB -01 -004 Applicant AT &T Wireless Service Antenna. Dear Mr. Lorber and all other members of the Planning & Zoning Department: It has a been quite a disappointed to learn that the City of South Miami, my beautiful neighborhood where I have existed for the last 13 years, raised any two children, enjoying the growth of my5 year old niece, listening the dozens of children playing around my block is considering the project by AT&T to build a 80' feet antenna, Directors, not only this project will definitely disvalue the properties in South Miami, But your residents main concern is the "HEALTH" of our children have you consider That the "Hazardous" to our little minds who are learning in our elementary school of South Miami? How about the Electrical site, don't you think this is a Fatal site, for our Children? Children are curious, they can enter a fence in a matter of seconds, and what would it take for a child to be harm one of our precious ones.... A high of 80' feet is not one that you can avoid seen. I do not see one installed in the city of Coral Gable, do you ?? I do not see one install ?d in the city of-West Miami, do you? I am strongly opposed to this project and I hope that our members in the City Of South Miami votes against it. 1 intent to have every neighbor signed a letter 1 believe that our opinions are value and These must be considered. re S a Ma tha Cruz D City of South Miami MAY 2 9 2001 Planning & Zoning Dept. 6130 Sunset Drive South Miami, FI 3314' Honorable Members of the Board I have received your letter in reference to Item. PB -01 -004 Applicant: AT & AT Wireless. vigorously oppose the request for approval, construction, and or use of the YMCA site at 4300 SVV 58 Street. Such a device while monetarily beneficent to the YMCA adds nothing to the value to the neighborhood properties and indeed would be an eye sore distraction, lowering property values regardless of how camouflaged. Also to allow these high power electromagnet impulses to bombard the tender brains and bodies of the children in the adjacent elementary school without a study of reasonable length and depth seems to me to be unconscionable. In as much as there appears in the news media from time to time not only the effect of handheld cell phones but-broadcast stations, as well it;would seem prudent to me err -in the direction of safety. therefore concur with the Honorable Board members that the request from AT &T be denied. c Ralph Sevelius -`�-` 5800 SW 42nd Teri-. & 5802 SW 4Znd Terr. Miami, Fl 33155 Elmer A. Sevelius 5790 Sw'42nd Teri- Miami, F1 33155 SOUTH MIAMI HOMEOWNERS ASSOCIATION May. 28, 2001 South Miami Planning Board Richard Lorber City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter is in regard to the proposed cellular communications facility on property owned by the YMCA, located at 4300 SW 58 Avenue. Based upon a review of the revised application, showing an antenna approximately 65 feet above the ground surface of surrounding neighborhoods and effectively shielded from view by trees; SMHA, on behalf of several area residents, has no objection to the proposed antenna. We are confident that other issues concerning the antenna are being adequately addressed by the city's Planning and Zoning' Department. Sincerely, Jay F. Beckman Director City of South Miami 4/30/01 Planning & Zoning Dept. 6130 Sunset Drive South Miami, FL. 33143 To all those concern / Involved, I am in receipt of your letter in reference to; ITEM PB -01 =004 Applicant AT &T Wireless Service I strongly oppose the request for Approval, Construction, & or Use of the YMCA site, Located @ 4300 SW 58th Street. Construction of such a tower is horrifying . An antenna tower will only decrease the value of the properties that make up this beautiful area, "It could only be considered An Eye Sore." Let's keep residential areas positive and homey. "Not Commercial" Give our families and children opportunity to remember their neighbor with blue skies, birds, & palm trees, not a Cellular Communications Antenna Tower. Quite a difference in your minds eye! I reiterate, I am in complete opposition of approval of the "special use" in regards to the location mentioned above. Please make record of this opposition. Respectfully, Associated Press BALTIMORE -- A lawyer known for suing the tobacco and asbestos industries is now going after cellphone compa- nies, alleging in new lawsuits that they have known about health risks for users of the Phones but failed to warn them. Peter Angelos filed class-ac- tion lawsuits Thursday in Maryland and three other states. The suits seek to force the wireless industry to cover the cost of headsets that Ange- los says would protect users from possible radiation haz- ards. "Use the earpiece, and you avoid the hazard," said Ange- Ios, who is perhaps best known as the owner of the Baltimore Orioles. "And if we get that far, at least the public knows that the potential hazard exists, and they know a way to avoid that potential." The suits claim there are links between cellphone use and a host of health problems, including damage to basic brain function. Two Baltimore -area residents named as plaintiffs in the Maryland case don't claim any health problems caused by cellphones but want the com- panies to pay for headsets as a preventive measure. Cellphone makers insist VATICAN RADIO WILL MOVE TRANSMITTER ROME Vatican Radio said Friday it will move one of its main transmitters out of Italy to resolve a. dispute over the health effects of its radio waves. On Friday night, the Vati- can and the Italian govern- ment announced a compro- mise to end the dispute, which at one point saw. Italy's envi- ronment minister threaten to pull the plug on the broad- caster. Vatican Radio broadcasts Pope John Paul II's words around the world. It had been under pressure to reduce electromagnetic emissions because people living near the transmission facility believe they arP a'hoobt, 1 .....i there is no scientific evidence that their product poses any health risks. They cite two studies published last Decem- ber that found no evidence of increased incidence of brain . tumors in people who use cell - phones. There is absolutely no credible evidence of any health risks associated with the use of wireless phones," said Norman Sandler, director of global stra- tegic issues at Motorola. Nonetheless, such claims have been raised` in previous lawsuits across the country — including some others in which Angelos' firm is involved. Fed- eral agencies are studying the issue but have not ruled once phone safety. Angelos wants the new la, suits certified as class actic which could bring all curre and future cellphone use under their umbrella. In ad( tion to asking the companies provide headsets — which sf for $20 to $100 apiece — tl lawsuits also seek unspecific punitive damages. Companies named in Ang los' lawsuits include Motorol Ericsson,'' Sprint PCS. Next( AT&T and Verizon. In additi( to Baltimore, the suits we: filed in state courts in Penns) vania, New York and New T• sey. 4 e GAO. hon eC-lip data C011C uS1VC in More research needed on health risk BY KALPANA SRINIVASAN Associated Press WASHINGTON — Research to date cannot assure that the mobile phones used by more than 115 million Americans pose no health risk, con- gressional investigators say, provok- ing fresh calls for efforts to better inform consumers. A report by the General Account-, ing Office released Tuesday relied on the work of -major health agencies and interviews with prominent scientists' to reach this consensus: Current research doesn't show that the radio waves emitted by cellphones have adverse health effects, but "there is not yet enough information to con- clude that they pose no risk." That's partly because most research on radio frequency energy has focused on short-term exposure of the entire body, the report said. There are long -term studies currently under VARIABLES: The type of equipment used or a small change in the position of the phone can affect test results. way, but "it will likely be many more years before a definitive conclusion can be reached-on whether mobile phone emissions pose any risk to 1 pLEAS— E SEE CELLPHONES, 3C CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 29, 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. II. Roll Call. Action; Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Chimelis, Mr. Juan Comendeiro; Ms. Gibson." City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Special Notice Before opening the public hearing, Mr. Morton announced that the applicant of Shoal Creek Properties L.L.C., for a proposed rental apartment building at the northeast corner of SW 70th Street and SW 61s` Avenue, had requested a deferral of the item until a revised application could be submitted. Staff announced that this item is being tentatively scheduled for the Planning Board meeting of July I oth, 2001. Proper publication of such notice will take place prior to the meeting date. IV. Public Hearing (A) PB -01 -004 Applicant AT &T Wireless Services Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PP'. PUBLIC/ INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole- tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommended denial of the request. The revised plans submitted by the applicant s*iow a reduction in the iielght of the pole to 75 feet, also showing removal 'of the barbed wire :frori the screen fencing around the electrical equipment ,building.. In addition, the 'applicant has carried out .a line -of -sight study from several locations in the surrounding residential neighborhoods. The results indicate that the flagpole will not be visible from most of these locations. The applicant is also proposing to plant heavy vegetation with 12 feet high trees which is in addition to the existing 60 -80 feet high trees between the flagpole and the residences which will contribute to significantly screen the tower. Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman (Letterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five- minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42nd Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined Planning Board Meeting May 29, 2001 conceal the tower; health threat on the long run; electrical facility installed too close to YMCA children's playground. The Board requested from the staff that for future applications of this nature, a site plan of j the general area showing existing tower locations be included in the 'package, to with any possible sites where these telecommunication towers may be installed and the reasons why the requests were rejected. First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the motion. Mr. Mann wanted to add to the motion the clarification that although the residents in the area are opposed to the proposed project, it is important to indicate' that AT &T, within the framework of the regulations, has apparently made efforts to work with the community. Action: -Mr. Comendeiro moved to withdraw his motion to approve. Second Motion: Mr. Morton moved approval of the request as presented, and shown on the revised plans dated 5- 22 -01. Mr. Illas seconded the motion. Vote: Approved 4 (Mann, Illas, Morton, Gibson) Opposed 3 (Liddy, Chimelis, Comendeiro) The Board was informed that the City Commission will consider this request at its next meeting, June 12, 2001 Ms. Chimelis requested that a member of the Board attend the City Commission meeting of June 12, 2001. (B) PB -01 -009 Applicant: Michael Lopez Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) :ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12' ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE- PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN , THE "SR(HD' -OV) ", SPECIALTY RETAIL (HOMETOWN DISTRICT - OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff recommended approval of the request to amend the Land Development Code's Permitted Use Schedule and the Hometown` District to allow tanning studios as a permitted use in the `'SR and Hometown zoning districts. Applicant: Michael Lopez Planning Board Meeting May 29, 2001 The Board, staff and representative briefly discussed the request. There were no speakers at the public hearing. Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion. Vote: Approved 7 Opposed 0 (C) PB -01 -007 Applicant : Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 33(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES N THE RO RESIDENTIAL OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH MUST BE MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Mann read the request into the record and staff . presented the proposed amendments. Speaker: Mauricio Farinelli, restaurant owner. The Board and staff discussed the request which centered on providing additional requirements to LDC regulations governing Outdoor Seating. The staff report contained two alternative ordinances which provided for unobstructed sidewalk passage area. The Planning Board alternative (B) the five (5) feet unobstructed passage allowing only one row of seating against the building. The Planning Department was recommending alternative (A) amending the current regulations to require five (5) feet of unobstructed passage for a single row of seating and six (6) feet of sidewalk between two (2) rows of seating. During discussion, Board members expressed concern that other regulations governing outdoor seating needed to be more specific. and several amendments were proposed. Staff pointed out that all of the amendments will be made to both sections of LDC which contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and Section 20 -7.29. Motion: Mr. Comendeiro moved to approve the following amendments to "Section 20- 3 3(E) and Section 20 -7.29, pertaining to outdoor seating /dinning: (1) that seating be on one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk unobstructed for pedestrian passage; (2) maximum number of outdoor seats shall not 4 Planning Board Meeting May 29, 2001 exceed 80 % of indoor, seating; (3) table umbrellas should have a minimum clearance height of seven (7) feet above the sidewalk; (4) the extension of outdoor, seating shall be limited to the frontage of only one adjacent storefront; (5) the written consent provided by property owners in front of whose properties outdoor seating / dining service occurs shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. Mr. Morton seconded the motion. Vote: Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro) Opposed 2 (Mann, Morton) V. Approval of Minutes Action. A. The Board duly voted on and approved the minutes of April 24, 2001. Vote: Approved 7 Opposed 0 VI. Discussion Items The Board and staff discussed the following but was. not limited to: (1) the importance of a member attending the next City Commission meeting in order to convey the views of the Board to the Commission on the requests presented at this meeting. (2) staff also stressed the importance of having quorum for the next Planning Board meeting scheduled for July 10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr.. Mann informed that they will not be able to attend. Mr. lllas was uncertain whether he could attend. (3) they discussed the possibility of amending the code in the future in order to change the number of members from five to four to constitute a quorum. Also, they discussed the possibility of providing for a special meeting. (4) Mr. Mann made reference to some neighbors who have approached him with the complaint that they are being cited for garbage protruding into the street; they claim the garbage is not theirs and it is just being dumped in front of their property. Also, Mr. 'Mann referred to a new residence which it has recently been finished and which resembles a "football stadium" when is lit up at night and wanted to know of any code restrictions on external lighting. Staff clarified that the above complaints should be directed to the Public Works and /or the Code Enforcement Departments for proper handling. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:37 PM. K: \PB \PB Minutes \2001 Minutes \NUNS 05- 29- 01.doc 5 i , ., -. ��.�� . �� . ,��g �., .. ,.: yr r �.� ��.� { Table of Contents Site Line Location Map - Tab 1 77 Site Lines Requested by City - Tab 2 LIJ Photo Simulation Fairchild School - Tab 3 Photo Simulation South Property Line of YMCA - Tab 4 Lai Real Estate Report - Tab 5 r PA i 1, w 60 w 60 j Th", A- 1 104 toy run x-_ city Q a 9.4 11i q 1 S Q MGM A J - "1 W " -1 1 - ", I,j �W m v, so owl w W A__"Wwn� Q00 ",whNiSWA a q qrA tq�;ra tail W W. OR,— `V� W� nt� toil Wq .. ,k X sc E, I Kay- R Ws R Qm m* NA. . . . . . . . . . u wwwwwoz m i4 a a AS, I 100 nvjvR�l W,`�4 V---h � a a ............ I AA 2. � � � � .� \ . � } � . \� ^ � � \ . \< . \� . � � � ( \ d : � � � � \ � ) 2� � :.. . \ � � \ \� � �. \ r . � . . � : � \ r \ � � 2 . . � � \ � � \ q ~ ■ � . ) � S 4 � §\ \ m� � . \� � . . _ � � . \ \ � / W \ . . \ . /� � 2. � � � � i t p v s 14A � E, `I. . t�I li r 5 lies I�! i Iii flj[:. ij,IpjEE�4�rt Fk3�I 4 [I Mil I 41. HF gig:' n%i��F I Fy � `ggyg 11 E"`2 l Ie i EESj I� �! 1 �1 a. ' 1 f � Y F { la Milli MM IS. Elf 41v P-A Vill il N.I!!! 4C A, 7-7 Nil, -.44, mvq W1 4R, — w A A ammWANG KNANOWMAU Sot; I M"PER: 00 Fib >. •'N: ,� a y< � d \ ? ° \ ` »\ : S{ ^ . � y� . , \ « TWA! .� : W y. , \ . . .> .. +x- <» 6� < n - Aran »� \ KIT', \ \\ ?. � � A � \ \ «ywx2 �. \y . . . s . . . \� ..a v. :y r ».�� Ann z w z � 4 P L 9s it f . t � t A t e 3 f i lA IPIP `V V I �I a h a Y � a y i t N' F i E t i ASAI =' it 9 aR pX Al rdirY 33 N`��A � s �'� ,µtit Ik r ir, . _ a w . � �: �•..Y� al 11J t� i j' y a all *n I yMr OWN ( P. WWW E; VT -fl4 IMA Him p Tz WAN all t r tY r p- loan. it Atli g Y, 9 it I I� } I 1 it YY MI 1' I, ro J t 4 a t 3 t TKA �! Er t .. .. r. y tl. ,. a I 921-M LIJI 5: LL- 0- F 2 m IN F p 10 b Z W O J J V w2W= _ i IL W Q N I S w6 ~a fa0 s¢ _ � w a � � �y w 5 40 ot MEMORANDUM Date: August 21, 2001 To: City of South Miami Commission Subject: YMCA Telecommunication Facility Proposal Real Estate Report As directed by the City of South Miami Commission at the City Commission Hearing of June 12, 2001 attached, please find a copy of the Real Estate Appraisal Report completed by Mr. Lopez of Real Estate Appraisers & Consultants, Inc. At the Commission's request, a -study was undertaken to analyze and evaluate the effects, if any, the construction of a stealth cellular site consisting,-of -a. flag. pole structure and its associated equipment would haver on surrounding, residential property values. Three sites were evaluated as follows: 1. Coral Way and S.W. 87th Avenue (Westchester Site) 2. Sunset Drive and S.W. 87th Avenue (Sunset Site) 3. S.W. 16th Street just west of S.W. 57th Avenue (Cooper Park Site) As the study indicates, there was no evidence found to show there is a loss of value after the construction of `these cellular facilities. In addition, two of the sites studied, the Westchester Site and the Sunset Site, are monopoles. The Cooper Park Site .has a 104 -foot tall monopole -as: well as a 120 -foot tall flagpole The 'facility being proposed for the YMCA site is a 75 -foot tall flagpole contained within a 10 =foot depression within a 10 -acre compound. A tabulation by site is attached ifor your consideration showing 'the results of the study. In addition;; location. maps, aerial views and photographs of the facilities for each site have been included: - y i ": QUALIFICATIONS � ° ~ PROFESSIONAL EXPERIENCE Real Estate Appraisers - Special Master, Miami-Dade County Value'Adjustment Board (1992-Present) Latin American Communication -Engineering, Inc., President `1979-1_7, _ Lace Consulting Engineers, Inc.,* Head of Mechanical and Conntrucboh Inspections Departments (1978-1985) . Southern Bell Telephone and Telegraph, ' - ^ 'Smith ._'—~~'-' 970-1972) ' Connell ``, -, &A' osocato_o `Mica-| '.~~g^~~_..~.~' .(1969-1970) ' . o"�m ' - Graduated fro the University Miami with o Bachelor of Science in Mechanical Engineering. - Gmmuane level courses towards an MBA at Florida International University. . _- � . ^ - ` ' � - ^ ~ » by South Florida - Chapter - -- F--- Planning and Zoning � Appraising Appraising Commercial '`^"' Estate Course - National Society of Fee Appraisers. - Appraising Residential Property Course - National Society of Fee Appraisers. Narrative Appraisal Course - National Association of Review Appraisers.- _ . ^ - stitute of Real Estate ' . ,- � � Cup"uzuuvx Theory s Techniques, port O (exam 19 B) Institute Of Real Estate � ^ � - . � QNTINUING EDUCATION Changes to, Stand a rds, 1991 ' - � � ' ~ ^ taw), - unnumn uzmnogrO�oTPrnh*oo�n$|Appro�o| Practice (Core 1997. 1994-'1�98. 2000 Appraisal RyNavv 1992� ' - blueprint Reading, 1QS4 - Appraising. Apartment Buildings, 1998, 2000 ' ^ ` ' � � . . QUALIFICATIONS OF PEDRO A. LOPEZ, PE ... continue REGISTRATIONS AND DESIGNATIONS - Registered Professional Engineer No. 34877, State of Florida. - State Certified General Appraiser No. 0000448, State of Florida PROFESSIONAL ASSOCIATIONS ASA Candidate member - Member, Florida Planning and Zoning Association. - Member, National Society of Professional Engineers. - Past Chairman, American Society of Mechanical Engineers. - Senior Member, Association of Cuban Engineers. COMMUNITY ACTIVITIES City of Miami Planning Advisory Board. (1985- 1997) Vice - Chairman, (1985- 1986); Chairman, (1986- 1991) - - Past Chairman, University of Miami's School of Engineering Advisory Committee. (1.979 =1982) - St. Patrick School Advisory Council" (1986 -1990) - Board of Directors, St. Patrick School Endowment Fund Foundation. (1986- 1990) - Member, Sister City Coordinating Council. (1990- 1995) HONORS AND AWARDS - Inducted into Iron Arrow Honor Society at the University of Miami. - Past President, Tau -Beta Pi; Engineering Honor Society. - Recipient Brownell Award, Honorable mention, for outstanding service and achievement: at the University of Miami School of Engineering. SCOPE OF WORK To gather residential sales data for one year before the construction of the cellular pole and compare these with sales for one year after the construction. Analyze said data in an effort to evaluate the consequences of the cellular pole construction, i.e. whether it had a negative impact on the value of the residential market or not. Two of the sites were erected in 1995 but were selected for the study because of the single family price range that these encompassed. Sales were analyzed for a one year period because this time frame is the standard when appraising single family homes. CONCLUSION There was no evidence found to support a finding of negative - impact on the residential sector in any of the sites analyzed. In addition, a study of recent sales around the two older sites was done. Both sites show strong evidence of an increase in the prices of the single family residences and in both cases beat the average for Miami -Dade County. It appears that the construction of a cellular 'pole near residential properties has no negative impact either long term or short term. WESTCHESTER SITE: No OF SALES PRIOR TO 12/95 : 35 RANGE OF PRICE.; PAID ($ /SF) : 51.00 TO 105.30 AVERAGE PRICE PAID ($ /SF) : 73.38 No OF SALES AFTER TO 12/95 : 21 RANGE OF PRICE PAID ($ /SF) : 60.20 TO 97.50 AVERAGE PRICE PAID ($ /SF) : 78.27 SALES OF PARTICULAR SIGNIFICANCE: 8531 SW 21 ST $125,000 @ $75.84/SF 841.1 SW 21 ST $130,000 @ $71.46/SF 8451 SW 21 ST $173,000 @ $75.48/SF 8601 SW 21 ST $175,000'@ $97.82/SF 8461 SW 21 ST $195,000 @ $112.71/SF NOTE: All five sales show an increase in value from their prior sales. All three sales took place after 12/95. I consider these sales significant because they are on 21St Street. This is the street that is immediately behind the shopping center where the mono -pole is located. SUNSET SITE: No OF SALES PRIOR TO 2/95 : 14 RANGE OF PRICE PAID ($ /SF): 68.00 TO 89.70 AVERAGE PRICE PAID ($ /SF) : 78.74 No OF SALES AFTER TO 2/95 : 15 RANGE OF PRICE PAID ($ /SF): 55.30 TO 102.50 AVERAGE PRICE - PAID ($ /SF) : 81.56 SALES OF PARTICULAR SIGNIFICANCE: 8860 SW 74 ST $215,000 @ $67.33/SF 7480 SW 87 CT $287,000 @ $89.00 /SF NOTE: Both sales show an increase in value from their prior sales. Both sales took place after 2/95. I consider these sales significant because they are immediately behind the shopping center where the mono -pole is located COOPER PARK SITE: NO OF SALES BEFORE 10/2000 : 36 RANGE OF PRICE PAID ($ /SF) : 69.30 T0- 156.90 AVERAGE PRICE PAID ($ /SF) : 98.36 NO OF SALES AFTER TO 10/2000 : 28 RANGE OF PRICE PAID ($ /SF) : 63.50 TO 174.00 AVERAGE PRICE PAID ($ /SF) : 99.33 NOTE: This site, as opposed to the other two sites analyzed, posed a different problem in that it has both a 104 foot tall monopole and a 120 foot tall flag pole. RUF ..�. '.1- WESTCHESTER POINT PLAZA LUJA BU -IA (131.17)_ ' +J G a�tS � Rf` '[.•f: COPE. i co to ! TQdCT "d' 4 3 � I,, .4 i i'- eus rn'a .LAS AMERICAS �.� RUM'� CENTRAL PLAZA RU_2 MIRADOR PARK �J•f� _ 172 -47j � RU- IZ ' W lam i ; ^Jr y U I ale + IY! !- � - Y11 + 3 W 12• � ♦ SJV 1' T�LG + Y'11 i ! er• u.. I� K a t , i Ik i,, I f ^ 1 i I X J J EVERGLADES �cK ELEM SCHOQ, • � � (8 -20031 5— .s - �resre + y SCHOOL NO 49 J_Y -Jr 209 Y. W 5w rieff It ti; t A I id 57 a. w•'_ " o rrsr i o p U3 Lid .ir p•• rttt. j t .. �l l,Ji• I. l �: a. r O e .m i�,,i e: : : MI F ILI BU2 aJV -sr CB,Ei�L— r- ?8 !dam REM �SW- 77-07' 6 : I -AU - a 288 1136-75) - 234 J ---------- 76 288 rmr�llw, CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Honorable Mayor Date: October 8, 2001 and City Commission From: Charles D. Scuff Subject: Agenda Item # City Manager Commission Meeting 10/16/01 r6404 Acceptance of a $200,000 FRDAP grant for Murray Park REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT IN THE AMOUNT OF $200,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Last October the City of South Miami submitted a Florida Recreation Development Assistance Program grant application to the Florida Department of Environmental Protection. This competitive program awards funds for the acquisition of new park lands and for the development of existing parks. In the past, the City has used FRDAP funds for other projects such as the development of Fuchs Park and the acquisition of the land for the All-America Park at Cocoplurn Terrace (previously known as Open Space Park)., The City was awarded the maximum allowable amount - $200,000 — and the funds will go toward amenities at Murray Park, such as the pool, exercise trail, picnic tables, the new parking lot and entrance ways, lighting, landscaping, and other related support facilities. The grant requires a match of $200,000. The match will come from the Safe Neighborhood Parks matching fund account; in other words, we will match this new grant with funds the City is currently spending to develop the park. This new FRDAP grant, then, is to augment current funding and is a substantial financial step toward completing the Murray Park project. The attached resolution would allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Your approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 ACCEPTANCE OF A FLORIDA RECREATION DEVELOPMENT 6 ASSISTANCE PROGRAM ( FRDAP) GRANT IN THE AMOUNT 7 OF $200,000; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the Florida Recreation Development Assistance Program ( FRDAP) 12 helps communities to meet their recreational needs; and 13 14 WHEREAS, the City of South Miami submitted an application to obtain $200,000 15 toward the construction or installation of a pool, exercise trail, picnic facilities, restrooms, 16 parking lot, lighting, and other related support facilities; and 17 18 WHEREAS, the Florida Legislature followed the recommendation of the Florida 19 Department of Environmental Protection and awarded the City of South Miami the full 20 $200,000, which the City will match with in -kind services and /or matching funds, with 21 the matching funds coming from account #001 0000 132 - 2050, Safe Neighborhood Parks 22 matching fund. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI: 26 27 Section 1. The City Manager is authorized to accept a FRDAP grant in 28 the amount of $200,000. 29 30 Section 2. The City Manager is authorized to execute contracts and 31 documents. applicable to the acceptance of the FRDAP Grant. 32 33 Section 3. This resolution shall take effect immediately upon arrival 34' 35 PASSED AND ADOPTED this day of , 2001. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Robaina: 44 Vice Mayor Feliu: 45 Commissioner Bethel: 46 Commissioner Russell: 47 Commissioner Wiscombe: 48 CITY ATTORNEY F0313 DEP Contract Number CSFA Number: 37017 CSFA Title FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ` FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of 200_, by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City of South Miami, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D -5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with section 375 075, Florida Statutes, and chapter 62D -5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Murray Park Pool Facility (Florida Recreation Development Assistance Program, FRDAP Project Number F02313), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Page 1 of 11 -- Development Project Pre - reimbursement /Commencement Documentation Form, DEP Form FPS -A034 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Pool, hiking trail, picnic facilities, restroom, parking, lighting, renovation of parking and other related support facilities._ 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $200,000 500 GRANTEE Match $200,000 50% Type of Match Cash and /or In -kind Services 5 The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT-for a proper pre- audit and post- audit - review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS -A037, referenced in s 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. 6. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be 'secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting Page 2 of 11 documentation and minimum reporting requirements of the PROCEDURE shall be used. 7 Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses 8. Pursuant to s 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the .invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for- correction (s) will result in a delay in the payment A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (8550)410 -9724 or (800) 848 -3792. 9. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services Interest payments of less than $l will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999 -00) dated December 2, 2000, has been set at 11.00i per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922 -5942. 10 It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office Page 3 of 11 declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PROJECT funds may be reimbursed for eligible pre- agreement expenses (as defined in s 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D- 5.055(9) of the RULE The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre' - reimbursement /Commencement Documentation Form, DEP' Form FPS -A034, referenced in s. 62D- D.058(6)(f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development and approve the request for payment. 13. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the Department by completing the Permitting Certification, FPS -A034, referenced in s. 62D- 5.058(7)(c) of the Rule 14 This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Project must be completed within 5 years, or money may revert. 15 Project completion means the project is open and available for use by the public Project must be completed prior to release of final reimbursement Page 4 of 11 16. Any local governmental entity, nonprofit organization, or for- profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. ,11.45, Florida Statutes; or If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11 45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or If the 'amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 17. A copy of the audit or attestation as required in Paragraph 16, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 18 In addition to the provisions contained in Paragraph 16 above,, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a ;funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources' supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1. if the Grantee fails to receive a revised copy of Attachment 1, Exhibit -1, the Grantee shall notify the Department's Contracts Administrator at 850/488 -7896 to request a copy of the updated information. 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non - compliance with this Agreement the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due Following receipt of an audit report identifying the DEPARTMENT. The DEPARTMENT, following a review of the Page 5 of 11 ,w .., , , documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 20. The GRANTEE shall retain all records supporting PROJECT costs for three (3) ; years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three -year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three -year retention period. 21. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be .responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee Department Ms. Ana Garcia Mary Ann Lee City of .South Miami Dept. of Environmental Protection 6130 Sunset Drive 3900 Commonwealth Blvd., MS 585 South Miami, FL 33143 Tallahassee, Florida 32399 -3000 22 Prior to final reimbursement the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23 The DEPARTMENT has the right to inspect _ the PROJECT and any and all records related thereto at any reasonable time. Page 6 of 11 24 This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP- funds provided to the GRANTEE for non- compliance with the material terms of this Agreement.', The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the dates) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the'GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2) Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty -five (2 5) years from the completion date set forth in the - PROJECT - completion certificate. All dedications must be recorded in the public property records by the GRANTEE Such PROJECT shall be open at: re1asonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE Page 7 of 11 or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 25 29. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant 'a ' notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed; color, national origin, age, sex, marital status or ability level, shall be excluded from participation in;, be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.2'8, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for _including this provision in all Page 8 of 11 subcontracts with private organizations made to perform this Agreement, 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Agreement has been 'delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be 'prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement Page 9 of 11 shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF CITY OF SOUTH MIAMI ENVIRONMENTAL PROTECTION By: _0 By Division Director (or Designee) Division of Recreation and Parks Title Address: Address: Bureau of Design and Recreation Services 6130 Sunset Drive Division of Recreation and Parks South Miami, FL 33143 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 -3000 f DEP Contract Manager Approved as to Form and Legality: Grantee Attorney This form has been pre- approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. DEP 42 -058 Revised 05 -18 -2001 Page 11 of 11 Attachment -1 SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the 'Department ", "DEP ", "FDEP or "Grantor or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of Environmental iProtection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non- Federal funds (i.e., the cost Of 'such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htip: / /aspe.os.dhhs.gov /cfda. PART II: STATE FUNDED This part is applicable; if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: 6 z 0 0 w N O H ZO z � w W Q H H z U E� O H , Q 3 d 9 ! l ! ii 0 Q o • �' N Cn p. y� c, CIS aU d O td O O O O O bq N d O cd O � U by o G N U �03 Lei w d w a� G� r Cb b U a.. N w! N i w En co c o � u ° 3 � H O c U u Q N y N �w ° p w U 3 Cd � c U O U °U O b w a.+ w ww cts 0 U t�v wdz ti E s� N cd to Q C, d V N W w w O ci Z� C, R I wu� I C CC a �' a+ y C � C4 w w a� o wa a� 0 3, � wQa d w a z w y CIS 9 ! l ! ii 0 Q o • �' N Cn c, CIS o. U d O td O O O o O bq N O cd O � U d o � N U �03 w d w a� r Cb •." U a.. N N i N En co c o � u ° 3 W o O c U u � Q N y N �w ° 3 Cd � c U O U °U O b w w ww cts b t�v wdz ti c a� s� N cd to N C, � N W s w O ci Z� I wu� I C CC PLO y C � a� o wa a� 0 � wQa y CIS 9 ! l ! ii Q o y� U w �.. Cn ° U CIS O td O N 'C bq N cd O � U cl o U �03 d w a� Cb •." U a.. N N i En co 3 O c U N y N �w ° 3 Cd � c O U °U O b cts b o ti cd to b C, N W a� ci Z� I wu� I 9 ! l ! ii 1 / _1 d l South Miami AN- Amefiea cif 2401 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr ale, City Manager Date: October 16, 2001 RE: Agenda Item #—a Traffic Round About at SW 65 Ave and Twin Lakes Drive. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA, DIRECTING THE ADMINISTRATION TO ENTER INTO AN AGREEMENT WITH MIAMI DADE COUNTY FOR CONSTRUCTING A TRAFFIC ROUND ABOUT AT THE INTERSECTION OF SW 65AVE AND SW 61 TERRACE (TWIN LAKES DRIVE) AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: Several months ago Vice Mayor Feliu had requested that the County look at installing a four way stop sign at the intersection of SW 65th Ave and Twin lakes Drive. The neighborhood considers that this is potentially a dangerous intersection. A large volume of elementary and middle school kids walk along 65th Ave with cars speeding on 65th Ave between 64th Street and 61 st Street as well as cars cutting through 61 st Terrace to avoid school zone and other traffic back ups on 67th Ave. As an alternate to a four way stop, which was disapproved by the County, a traffic round about was proposed at this location. Marlin Engineering, Inc., one of the pre - selected traffic engineering consultants was retained to develop a set of plans for the Miami Dade County's approval. One of the requirements of the approval is an agreement between the City and the County. This agreement allows the City to install the County approved traffic calming device and undertake all the responsibilities and liabilities associated with such an installation. RECOMMENDATION It is recommended that the City Commission direct the administration to execute the agreement. Attachments: Proposed Resolution Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO ENTER INTO AN AGREEMENT WITH MIAMI DADE COUNTY FOR CONSTRUCTING A TRAFFIC ROUND ABOUT AT THE INTERSECTION OF SW 65AVE AND SW 61 TERRACE (TWIN LAKES DRIVE) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has submitted to the County plans prepared by Marlin Engineering, Inc., concerning the use of traffic round -about as traffic calming device for use at the intersection of SW 65 Avenue and Twin Lakes Drive; and WHEREAS, the City has obtained letters from the City's Police and Solid Waste Departments and approval from the County's Fire Department stating that each has no objection to the installation of this traffic calming device. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission directs the administration to execute the agreement with the Miami Dade County necessary to implement the traffic calming device Section 2: That the executed agreement is effective upon execution and be made a part of this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2001 APPROVED: lkAY0M, Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: South Miami SoUrb o��i plMmei�aCily N '�� v ORlO 2001 AGREEMENT BETWEEN THE MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI THIS AGREEMENT entered into this day of 2001, between MIAMI -DADE COUNTY, a political subdivision of the State of Florida (the "County "), and the CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida (the "City "). WHEREAS, the City has submitted to the County plans prepared by Marlin Engineering, Inc., concerning the use of traffic circle as traffic calming device for use at the intersection of SW 65 Avenue and Twin Lakes Drive (copy attached as Exhibit A); and WHEREAS, the City has provided the County with letters from the City's Police and Solid Waste Departments and approval from the County's Fire Department stating that each has no objection to the installation of this traffic calming device. NOW THEREFORE, in consideration of the premises and mutual covenants contained herein, it is hereby agreed between the City and the County as follows: 1. The recitals set forth above are incorporated herein by reference. The City will only construct the traffic calming circle in the street intersection and designated in Exhibit A. 2. The City assumes sole and complete responsibility for the maintenance of the traffic calming circle that is installed by the City in accordance with the plans that were submitted for review by the County Traffic Circle Agreement SW 65 Av and Twin Lakes Drive Page 2 of 3 3. The City assumes sole and complete liability for any accidents and/or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic calming circle and hereby indemnifies and saves harmless the County from any and all claims of negligence as a result of the installation, operation or maintenance of said traffic calming circle to the extent and as provided by Florida Statute section 768.28. 4. All traffic control devices installed by the City shall conform to the applicable requirements established by the following publications: • Florida Department of Transportation Standard Specifications for Road and Bridge Construction. • Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6.le- 1989), including latest revision. • Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. • Miami -Dade County Public Works Manual (available from the Public Works Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128). 5. - The City shall hire a Miami -Dade County licensed contractor or the installation must be done in- house, by the City's Public Works crews. 6. The City shall not remove the existing signs from the stop -top installation. Should the City install street name signs at the same location where a stop -top street name sign exists, then the City shall utilize the other corners of the intersection and subsequently, notify this Department at which time our Traffic Signals and Signs Division's work crews will remove the street name signs from the stop -top. 7. The City shall be responsible for keeping records of any and all installations and repairs, and furnishing pertinent documents as and said records may be requested. 2 Traffic Circle Agreement SW 65 Av and Twin Lakes Drive Page 3 of 3 8. The City shall attach a decal to the back of the sign panels indicating ownership and date of installation. IN WITNESS WHEREOF, the City and the County set their hands and affix their respective seals, the day and year above written. MIAMI -DADE COUNTY Attest: HARVEY RUVIN, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney Attest: CITY CLERK By: City Clerk Approved as to form and legal sufficiency: City Attorney By: Steve Shiver County Manager CITY OF SOUTH MIAMI Charles D. Scurr City Manager \\MCGRUMPLANNING\Traffic studies at various locations \Roundabout @ 65 Av & 61 Terr \AGREEMENT.doc 3 CITY OF SOUTH MIAMI INTER-OFFICE O FICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager fcz,-Vo REQUEST: �11 Date: October 11, 2001 Agenda Item ,# Comm Mtg. 10 -16 -01 Re: Authorization to execute Professional Service Work Order for North -end Drainage Improvement A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL, DESIGN AND PERMITTING FOR THE NORTH -END DRAINAGE IMPROVEMENT, IN AN AMOUNT NOT TO EXCEED SIXTY -SEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE DOLLARS, ($67,185.00). BACKGROUND: This project will provide for much needed drainage and roadway improvement in the area designated as the North- end. The streets within the North -end Area are; SW 42nd Terrace between SW 62nd Avenue and SW 64th Avenue, SW 62nd Court between SW 40th Street and SW 44th Street, SW 63rd Avenue between SW 40th Street and SW 44' Street, SW 43rd Street between SW 62nd Court and SW 64' Avenue & SW 44th Street between SW 62nd Court and SW 64th Avenue. The streets will be resurfaced with drainage improvement and pavement markings. This project will be funded from the 2001 State Legislative Appropriations. Kimley -Horn and Associates, Inc. is one of the City's approved Professional General Engineering Consultants. RECOMMENDATION• It is recommended that the City Commission approve the funding for the work to be performed. Page 2 of 2 Agenda Item... Oct. 11, 01 ATTACHMENTS: Proposed Resolution Professional Engineering Services Work Order Map of the proposed project area RESOLUTION No.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL, DESIGN AND PERMITTING FOR THE NORTH -END DRAINAGE IMPROVEMENT, IN AN AMOUNT NOT TO EXCEED SIXTY -SEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE DOLLARS, ($67,185.00). WHEREAS, the City Commission of the City of South Miami, Florida, wishes to drainage improvement and roadway rehabilitation within the area; and WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of Kimley -Horn and Associates, Inc., to provide route survey, geotechnical services, design & permitting and bid phase services for North -end Drainage Improvement; and WHEREAS, the proposed streets to be improved are; SW 42nd Terrace between SW 62nd Avenue and SW 64th Avenue, SW 62nd Court between SW 40th Street and SW 44th Street, SW 63`d Avenue between SW 40th Street and SW 44th Street, SW 43rd Street between SW 62nd' Court and SW 64th Avenue & SW 44th Street between SW 62nd Court and SW 64th Avenue; and WHEREAS, the North -end Drainage Improvement is funded through the 2001 State Legislative appropriation funds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1: The City Manager is execute a Work Order with Kimley -Horn & Associates, Inc. for the professional services in connection with on -site data collection route survey, geotechnical services, design & permitting and bid phase for the North -end Drainage Improvement project, in an amount not to exceed $67,185.00. Section 2: That the attached proposal, Professional Service Work Order, be made a part of the resolution. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: MAYOR CITY ATTORNEY Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: PROFESSIONAL SERVICES WORK ORDER Date: September 26, 2001 To City of South Miami Engineering & Construction Department 6130 Sunset Drive South Miami, Florida 33143 Project Name: North -end Drainage Improvements Funding Source: 2000 Legislative Appropriations As per Professional Services Agreement Dated August 20, 2001. Section 1— General Provisions Section 2 — Professional Services 2.1 General En 'neering Services Engineering Survey, onsite data collection, geotechnical services and professional engineering services ` required- to prepare Design plans, Specifications, Contract Documents and Construction Observation Reports for proposed North -end Drainage Improvements. The design shall provide for minimal Drainage System Improvements and minor right -of -way repair along the following streets: • SW 42 °d Terrace between SW b2 °d Avenue and SW 64th Avenue • SW 62 °d Court between SW 40th Street and SW 44h Street LJ SW 63rd Avenue between SW 40th Street and SW 44th Street • SW 43rd Street between SW 62nd Court and SW 641h Avenue • SW 44th Street between SW 62 °a Court and SW 64th Avenue 2.2 Basic Services Perform a Route Survey in accordance with the City of South Miami requirements, which will include the location of all above ground improvements, establishing a base line with appropriate monumentation, locating all visible utilities to include inverts of sanitary manholes and existing drainage structures. Boundaries of our survey will be to limits of the right -of -way. In addition we will obtain elevations immediately adjacent to the houses. Sidewalks and driveways to each individual lot will be located with elevations taken 10 feet into private property. (SW 42nd Terrace and SW 63 Ave Onlv. Approximately 2600 linear feet of roadway.) 2.2.1 Phase 1- Preliminary and Schematic Design Deleted from this Work Order 2.2.2 Phase Il — Study and Design Development Deleted from this Work Order 2.2.3 Phase III - Final Design /Construction Documents Development A. Revise language as follows: Delete "From the approved Design Development Documents," and insert "From the written direction of City staff'. H. Delete this section I. Delete this section 2.2.4 Phase IV— Bidding and Negotiation Phase D Delete this section E. Delete this section 2.2.5 Phase V — General Administration of the Construction Contract 2.2.6 Phase VI —Post Construction Administration A. Delete this section The Total Fee for the services indicated in this Service Order is a Lump Sum amount of $67,185.00. Company Name: LC,14* a Signature: Name: �6%� & (President/Principal -in- charge) City of South Miami Approved by: Date: ' _S W 0TH PL _.. TT bS5 3 - - - -- SW 62ND CT. vi 'ui UJ cn 3 N _SW 65TH AV FT— H� Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: October 16, 2001 and City Commission From: Charles D. Scurr RE: Agenda Item 4 City Manager rao� Turn Restriction Signs at SW 81, 82, 83 and 84th Streets and Red Road. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO INITIATE THE APPROVAL PROCESS WITH MIAMI DADE COUNTY FOR INSTALLING TRAFFIC TURN RESTRICTION SIGNS ON SW 81, 82, 83 AND 84TH STREETS AT RED ROAD AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: You may recall that last year some of the residents of the Snapper Creek area initiated some discussion of street closures because of excessive traffic intrusion and speeding due to the school at the Epiphany Church located on the east side of Red Road between SW 81St and 83rd Streets. The Snapper Creek area is generally bounded by Red Road in the east, SW 80th street in the north, Snapper Creek canal in the south and SW '62 Ave in the west. As an alternate to the street closures another group of residents suggested a significant number of signs to control access to the area. Due to the extensive nature of the signage, limiting access to the area from SW 80th Street in the morning and from Red Road in the afternoon, it would have unduly inconvenienced the resident's movement while effectively reducing the traffic intrusion. Consequently, a consensus could not be reached. Recently the City has formed a Community Traffic Safety Team (CTST). Under the guidance of Commissioner Russell and with the help of Mark Redosevich, an area resident, CTST has reviewed this area and has recommended a much simpler solution, which CTST believes will address the majority of the concerns without inconveniencing the residents. This request is for three (3) "No Right Turn/ 7:00 am to 9:00 am/ Monday through Friday" signs on eastbound SW 81St, 82nd and 83rd Streets and one (1) "No Left Turn/ 7:00 am to 9:00 am/ Monday through Friday" on eastbound SW 84th Street at SW 57 Avenue. These signs will prevent the school traffic from infiltrating through the neighborhood during the morning hours, which appears to be more critical, while leaving SW 84th Street open for the residents wanting to go south on Red Road. Attached is a location map indicating the requested signs. Turn Restriction Signs @ 81, 82, 83 and 84 streets Oct 16, 2001 Page 2 of 2 Mr. Redosevich collected signatures from several residents of the affected streets supporting the proposal (copy attached). RECOMMENDATION It is recommended that the City Commission direct the administration to initiate the process for obtaining approval from the County. Attachments: Proposed Resolution Location Sketch Resident signatures 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE ADMINISTRATION TO INITIATE THE APPROVAL PROCESS WITH MIAMI DADE COUNTY FOR INSTALLING TRAFFIC TURN RESTRICTION SIGNS ON SW 81, 82, 83 AND 84TH STREETS AT RED ROAD AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has established a Community Traffic Safety Team (CTST) to address traffic safety in the City; and WHEREAS, the CTST has reviewed the specific concern of the Snapper Creek area with respect to the excessive traffic intrusion and speeding; and WHEREAS, the traffic intrusion is as a result of the schools located on the east side of Red Road; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission directs the administration to initiate the process to obtain Miami Dade County approval for three (3) "No Right Turn/ 7 :00 am to 9:00 am/ Monday through Friday" signs on eastbound SW 81st, 82nd and 83`d Streets and one (1) "No Left Turn/ 7:00 am to 9:00 am/ Monday through Friday" on eastbound SW 84th Street at SW 57 Avenue. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2001. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: pROrUNMP I VKri lw sI MVI IUNs OOT Zt�O t kk4 4 � TRAFFIC CALMING PETITION Page f of In an effort to reduce the amount of "neighborhood cut - through" traffic during school d I j mornings, the Community Traffic Safety Team of South Miami, Florida is polling the residents of the 5700 and 5800 blocks of SW 81s, SW 82"d, SW 83rd and SW 84th streets to seek their approval of the following traffic calming steps during the school zone hours (7:00am to 9 :00am): 1. No Right Turns from SW 81St, SW 82nd, SW 83rd streets onto SW 57th Avenue. GeF/ 2. No Turns from SW 84th street onto SW 57th Avenue. The following South Miami residents approve of this recommendation and petition the City of South Miami to begin implementation beginning the upcoming school year. Name Si nature Address Date C- 1�1v1iLo4tS s S-jb 5� _gds -�. Svc,_ zg /) D 1 v. TRAFFIC CALMING PETITION Page Z- of In an effort to reduce the amount of "neighborhood cut - through" traffic during school day j mornings.:1 the, Traffic Safety Team of South Miami, Florida is polling the residents of the 5700 and 5800 blocks of SW 81St, SW 82nd, SW 83`d and SW 84th streets to seek their approval of the following traffic calming steps during the school zone hours (7:00am to 9:00am): 1. No Right Turns from SW 81St, SW 82nd, SW 83`d streets onto SW 57th Avenue. Lem 2. No Turns from SW 84th street onto SW 57`h Avenue. The following South Miami residents approve of this recommendation and petition the City of South Miami to begin implementation beginning the upcoming school year. Name Sign S Signatur Address Date 5"� P P S4- 7 )z IFIa Jean �k �61v� g3 .� 114 Poddor jfi� ; ,5X67sOr 0: ct, I� i � �:c, 1 5 g o ti S' • c.� � 3f� S�� 3 3 � 9-s �`j,�- �° V TRAFFIC CALMING PETITION Page of In an effort to reduce the amount of "neighborhood cut - through" traffic during school day mornings, the Community Traffic Safety Team of South Miami, Florida is polling the residents of the 5700 and 5800 blocks of SW 81St, SW 82nd, SW 83`d and SW 84th streets to seek their approval of the following traffic calming steps during the school zone hours (7:00am to 9:00am): 1. No Right Turns from SW 815t, SW 82nd, SW 83`d streets onto SW 57th Avenue. Lco 2. No 13je Turns from SW 84th street onto SW 57th Avenue. The following South Miami residents approve of this recommendation and petition the City of South Miami to begin implementation beginning the upcoming school year. Name Signature Address Date I -ti 00 Lo s 7a� � T 2 712, O �. tc) �- TRAFFIC CALMING PETITION Page , of < < I In an effort to reduce the amount of "neighborhood cut - through" traffic during choof day mornings, the Community Traffic Safety Team of South Miami, Florida is polling the residents ofthe 5700 and 5800 blocks of SW 81s`, SW 82nd, SW 83rd and '',SW 84th streets to seek their approval of the following traffic calming steps during the school zone hours (7 :00am to 9 00am): 1. No Right Turns from SW 81St, SW 82nd, SW 83rd streets onto SW 57th Avenue. 2. No Bight Turns from SW 84th street onto SW 57th Avenue. The following South Miami residents approve of this recommendation and petition the City of South Miami to begin implementation beginning the upcoming school year. Name Si natur Addr ss Date LA', e �P_ 7,5 1J 7 7o3 lo F-3 J_� 7/V 7% JL O-c; s 7 i i4 ,..x, c.u.,,,N�e� Ganz.. _� ,.,. .... ..s,.>..:k .,,,.:a,? �..._ ..� .Ys..,v,.,....3.,...✓Aen.i .......a.sat ,......c �',: hh lh E� �I TRAFFIC CALMING PETITION Page of I In an effort to reduce the amount of "neighborhood cut - through" traffic during school day!: mornings, the Community Traffic Safety Team of South Miami, Florida is polling the residents of the 5700 and 5800 blocks of SW 81s`, SW 82nd, SW 83rd and SW 84�' streets to seek their approval of the following traffic calming steps during the school zone hours (7:OOam to 9:OOam): 1. No Right Turns from SW 8lst, SW 82nd, SW 83rd streets onto SW 57"' Avenue. I- 2. No Turns from SW 84U' street onto SW 57�' Avenue. The following South Miami residents approve of this recommendation and petition the City of South Miami to begin implementation beginning the upcoming school year. Name Signature Address Date X01 Si,J FrifC f'rl, r k(O Qc 5-37r �SL-3 S�9-'A-Ui p d S-7 50 TN��K��6 Dy' t � x TRAFFIC CALMING PETITION Page of In an effort to reduce the amount of "neighborhood cut - through" traffic during school day' mornings, the Community Traffic Safety Team of South Miami, Florida is pollingthe residents ofthe 5700 and 5800 blocks of SW 81St, SW 82nd, SW 83rd and SW� 84` stireets�: ' to seek their approval of the following traffic calming steps during the school zone hours (7:OOam to 9:00am): 1. No Right Turns from SW 81St, SW 82nd, SW 83rd streets onto SW 57th Avenue. 2. No R*1i Turns from SW 84th street onto SW 57th Avenue. J The following' South Miami residents approve of this recommendation and petition the City of South Miami to begin implementation beginning the upcoming school year. Name Signature Address Date 5"k71 .Srs 93�,O tJ 07' o sips f. 7 � 131 Sly n /-Z Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager a4 Date: October 16, 2001 RE: Agenda Item # Cocoplum Terrace Traffic Study REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACCEPTING THE RESULTS AND THE RECOMMENDATIONS OF THE TRAFFIC STUDY CONDUCTED BY MARLIN ENGINEERING INC., FOR COCOPLUM TERRACE AREA. BACKGROUND: In the recent months there have been numerous complaints about traffic intrusion, speeding, volume of traffic in various neighborhoods. One of the neighborhoods that is impacted is the area bounded by Sunset Drive in the south, 62nd Avenue in the east, 64th Street in the north and Brewer Canal on the west. Marlin Engineering Inc. was retained by the City to conduct a traffic study and develop a mitigation plan for the area. Based on the traffic analysis and resident input through public workshops, the consultant developed the attached mitigation plan and a preliminary cost estimate for implementation of their recommendations. The mitigation plan was presented to the community and was well received. The next step is to submit these recommendations to the Miami Dade County Fire and Public Works Departments and the Florida Department of Transportation for their respective approvals. Following their approvals an inter -local agreement between the Miami Dade County and the City would have to be executed for the City to implement these recommendations and accept the all associated liabilities. Concurrently, the City Commission would have to approve the funding for the project. RECOMMENDATION It is recommended that the City Commission accept the study and its recommendations and direct the staff to work with the County and the State to get the necessary approvals for implementation of those recommendations. Attachments: Proposed Resolution Study Recommendation/Executive summary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACCEPTING THE RESULTS AND THE RECOMMENDATIONS OF THE TRAFFIC STUDY CONDUCTED BY MARLIN ENGINEERING INC., FOR COCOPLUM TERRACE AREA. WHEREAS, at the request of the residents of the Cocoplum Terrace neighborhood the City Commission authorized the administration to conduct a traffic intrusion study for the area, and WHEREAS, Marlin Engineering, Inc., one of the pre - selected Traffic Engineering Services Consultants, was retained for the study, and WHEREAS, the consultant and the administration engaged in public meetings to solicit public input, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission accepts the Traffic Study and directs the Administration to move ahead only with necessary approvals from Miami Dade County and to the Florida Department of Transportation for implementation. Section 2: That an executive summary of the Traffic Study be made a part of this resolution. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: K ...,!« f . fi.v@�"" -F CITY OF SOUTH MIAMI NEIGHBORHOOD TRAFFIC MANAGEMENT COCOPLUM TERRACE (From ;Brewer Canal to SW 62nd Avenue) and From Sunset Drive to SW 64th Street) EXECUTIVE SUMMARY October 16, 2001 Marlin Engineering, Inc. 9 9, Consulting Engineers & Planners MARL�1 Neighborhood Traffic Management City of South Miami CITY OF SOUTH MIAMI NEIGHBORHOOD TRAFFIC MANAGEMENT COCOPLUM TERRACE (From Brewer Canal to SW 62nd Avenue and from Sunset Drive to SW 64th Street) Executive Summary The City of ;South Miami is considering the implementation of neighborhood traffic management for the residential area bounded by Brewer Canal from the west, Sunset Drive from the south, SW 62nd Avenue from the East, and SW 64th Street from the north. The purpose of the study is to address speeding and traffic intrusion in local residential streets. The City initiated a traffic management study by contracting engineering services from Marlin Engineering, Inc. (MEI) to perform traffic data collection and analysis, as well as development of traffic calming alternatives for the study area. To identify the magnitude of the problems within the study area, traffic data were collected during the month of May 2001, which included 24 -hour vehicle volume counts at 8 locations, 24 -hour vehicle speed studies at 4_locations, 24 -hour vehicle classification counts at 3 locations, and 5 -hour turning movement counts at the three' signalized intersections along SW 62nd Avenue. Also, two public workshops were held with the residents of the study area to initiate and maintain a close dialogue with the community, receive information on public traffic concerns at specific locations and explore potential use of adequate traffic calming devices. As a study result of the traffic management analysis, summary recommendations on improvements and cost estimate follow: • Install a second left -turn lane and directional signs to US -1 northbound for eastbound approach on Sunset Drive and re- stripe the eastbound lanes before and after SW 62nd Avenue intersection. Install US -1 Northbound Guide Signs on Sunset Drive. • Install partial- closure for westbound traffic on SW 701h Street west of SW 62nd Avenue (west of the Social 'Security and the Medical Offices). • Install traffic circles at the following intersections: SW 63rd Avenue /SW 701h Street, SW 62nd Court /SW 69th Street, SW 64th Avenue /SW 68th Street, SW 63' Avenue /SW 681h Street, SW 64th Avenue /SW 66th Street, and SW 63rd Avenue /SW 66th Street. • Install speed tables north of Sunset Drive on SW 64th Ct., SW 63rd Ct and SW 63rd Ave. and south of SW 64th St. on SW 64th Ct., SW 63rd Ct. and SW 62nd Ct. • Install speed table /street narrowing west of SW 62nd Avenue, on SW 691h Street and SW 68th Street, to create a transition for traffic operation between commercial and residential areas along SW 62nd Avenue. Marlin Engineering, Inc, i August 2001 �� .,.... A., ,_ �� , � .� •..ter ., .,.:� :k . � �. ��, � �; �� -��-. Traffic Calming Improvements No. of Units Unit Cost Total Cost Traffic Circle 6 $10,000 $60,000 Speed Table (Asphalt) 6 $1,500 $9,000 Speed Table w /Street Narrowing 2 $5,000 $10,000 Partial Street Closure 1 $8,000 $8,000 Subtotal $111,200 Total $111,200 Subtotal $87,000 Total $87,000 COST ESTIMATE OF ARTERIAL IMPROVEMENTS (SUNSET DRIVE /SW; 72 STREET) Location No. of Units Unit Cost Total Cost SW 62nd Avenue Intersection 1 $50,000 $50,000 Overhead Guide Sin 1 $40,000 $40,000 Ground Guide Sin 4 300 $1,200 Pavement Markings LS $20,0001 $20,000 Subtotal $111,200 Total $111,200 TOTAL COST ESTIMATE SUMMARY Traffic Calming Improvements $87,000 Sunset Dr. Arterial Iml2rovements $111,200 Sub Total $198,200 +8% En` ineerin fee $15,856 +5% Contin enc $9944 Total $224 000 INTEROFFICE MEMORANDUM TO: Mayor and City Commission DATE: October 16, 2001 FROM: Charles D. Scurf, City nager Re: Agenda Item # AFSCME Collective Bargaining Agreement The Request A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF A THREE YEAR COLLECTIVE BARGAINING UNIT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER REFERRED TO AS AFSCME) FOR THE 2001/2002, 2002/2003 AND 2003/2004 FISCAL YEARS, AND APPROVING A COMMENSURATE INCREASE OF UP TO 7% IN DEFERRED COMPENSATION MATCHING FUND FOR SENIOR LEVEL MANAGERS PROPORTIONATELY WITH THE NEW CITY PENSION CONTRIBUTION IN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. Background and Analysis The American Federation of State, County and Municipal Employees (AFSCME) is the designated union representing certain classifications of general employees. Employees include most public works employees and the landscape division of the parks department. The existing collective bargaining agreement with AFSCME, also referred to as the "contract", expired September 30, 2001. Approximately a year ago the parties commenced negotiations on a new three -year contract. The contract seeks to deal with the areas of major concern to AFSCME and the City. In addition to negotiating an annual Cost of Living Adjustment (COLA), the parties also sought to make necessary improvements to the pension system. It was recognized that pension issues could only be addressed in the context of a multi -year agreement. Major pension improvements would be part of the overall economics of the agreement and the expenses would be borne equitably by the parties. Economic and Pension Issues The agreed economic and pension package includes the following: The resolution also adjusts the pension contribution for those employees in the ICMA Deferred Compensation Program to 7 %. Drug and Alcohol Testing The parties understand the importance of maintaining the highest level of public confidence in the City and it's employees. In addition to the current contract provisions the parties have agreed to the addition of up to two (2) random drug tests per year. The parties have also agreed to the addition of Presidents Day, the 3rd. Monday in February, as an Official Holiday. Other Provisions The contract also includes a number of other provisions dealing with administrative items such as sick leave policy. Of particular note are three new items: • Effective October 1, 2001, all bargaining unit employees who are employed in positions covered by the unit on the date of this agreement is approved by the City Commission shall be eligible to receive an additional day off for not using sick leave during that calendar year. • Effective October 1, 2001, all bargaining unit employees who are employed in positions covered by the unit on the date of this agreement is approved by the City Commission and have completed 25 years of continuous service with the City, shall receive additional longevity step, which is 3% of their salary compounded. Employee Pension Year COLA Retro Pension Contribution Current Varies 2.25% 5.00% 2001 -02 4.0% 2.50% 7.00 % 2002 -03 3.5% 2.50% 7.00 % 2003 -04 3.5% 2.50% 7.00% The resolution also adjusts the pension contribution for those employees in the ICMA Deferred Compensation Program to 7 %. Drug and Alcohol Testing The parties understand the importance of maintaining the highest level of public confidence in the City and it's employees. In addition to the current contract provisions the parties have agreed to the addition of up to two (2) random drug tests per year. The parties have also agreed to the addition of Presidents Day, the 3rd. Monday in February, as an Official Holiday. Other Provisions The contract also includes a number of other provisions dealing with administrative items such as sick leave policy. Of particular note are three new items: • Effective October 1, 2001, all bargaining unit employees who are employed in positions covered by the unit on the date of this agreement is approved by the City Commission shall be eligible to receive an additional day off for not using sick leave during that calendar year. • Effective October 1, 2001, all bargaining unit employees who are employed in positions covered by the unit on the date of this agreement is approved by the City Commission and have completed 25 years of continuous service with the City, shall receive additional longevity step, which is 3% of their salary compounded. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF A THREE YEAR COLLECTIVE BARGAINING UNIT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO; LOCAL 3294; (HEREINAFTER REFERRED TO AS AFSCME) FOR THE 2001/2002, 2002/2003 AND 2003/2004 FISCAL YEARS, AND APPROVING A COMMENSURATE INCREASE OF UP TO 7% IN DEFERRED COMPENSATION MATCHING FUND FOR SENIOR LEVEL MANAGERS PROPORTIONATELY WITH THE NEW CITY PENSION CONTRIBUTION IN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager and the AFSCME, have reached a Three Year Collective Bargaining Agreement (2001 -2004) fiscal years; and - WHEREAS, the agreement was ratified by the union rank and file on September 13, 2001; and WHEREAS, the agreement provides that: a) All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement is approved by the City Commission shall receive a four percent (4 %o) wage increase effective October 1, 2001 for the 2001/2001 fiscal year. b) All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement is approved by the City Commission shall receive a three and one -half percent (3.5 1/o) wage increase effective October 1, 2002 for the 2002/2003 fiscal year. c) All bargaining unit employees who are employed in positions covered by the unit on the date, of this agreement is approved by the City Commission shall receive a three and one-half percent (3.5 %) wage increase effective October 1, 2003 for the 2003/2004:fiscal year. d) The Pension multiplier shall be increased to two and one -half percent (2.5 0/0) effective October 1, 2002, for all bargaining unit members, as part of General Employees Pension Plan improvement, from their Pension participation date through September 30, 1997. e) The employee contribution shall be increased to seven (7 %o) percent, effective October 1, 2001, for all bargaining unit members, as part of the 'General Employees Pension Plan improvement: I f) Effective October 1, 2001, all bargaining unit employees who are employed in 2 positions covered by the unit on the date of this agreement is approved by the City 3 Commission shall be eligible to receive Presidents day as a -paid holiday. 4 5 g) Effective October 1, 2001, all °bargaining unit employees who are employed in 6 positions covered by the unit on the date of this agreement is approved by the City 7 Commission shall be eligible to receive an additional day for funeral leave when 8 funeral is out of the state. 9 10 h) Effective October 1, 2001, in the interest of public confidence, there needs to exist 11 a management right to submit employees at random and without prior notification 12 for alcohol and drug testing. Random drug test may occur not more than twice per 13 employee per year. 14 15 i) Effective October' 1, 2001, all bargaining unit employees who are employed in 16 positions covered by the unit on the date of this agreement is approved by the City 17 Commission and have attained a sick leave balance in excess of 288 hours shall be 18 eligible on their first anniversary date following the accumulation to convert up to 19 32 hours of their annual unused sick leave balance to vacation leave. 20 21 j) Effective October 1, 2001, all bargaining unit employees who are employed in 22 positions covered by the unit on the date of this agreement is approved by the City 23 Commission shall be eligible to receive an additional day off for not using sick 24 leave during that calendar year. 25' 26 k) Effective October 1, 2001, mechanics will be eligible to receive the same credited 27 hours on holiday days as sanitation workers provided that they work continuously 28 with no lunch or breaks. 29 30 1) Effective October 1, 2001, all bargaining unit employees who are employed in 31 positions covered by the unit on the date of this agreement is approved by the City 32 Commission and have completed 25 years of continuous service with the City, 33 shall receive additional longevity step, which is 3% of their salary compounded. 34 35 m) Effective October 1, 2001, code enforcement officers will be included in the 36 AFSCME bargaining unit contract provided there are no restrictions on flexible 37 work schedules. 38 39 WHEREAS, in order to correct the inequity created in the benefits plan because of the new 40 agreement between the amount of contribution paid by the City to the pension plan (7 % per the 41 new agreement), and the deferred compensation plan for the participating senior level managers as 42 defined in resolution numbers 133 -96- 98$7, 66 -00- 10959, and 119 =93 -9887 and it is necessary 43 that the matching fund contribution be commensurately increased to not to exceed 7 % as well. 44 45 46 47 48 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 49 COMMISSION OF SOUTH MIAMI, FLORIDA, THAT; 1 2 Section 1. The City Manager is hereby authorized to implement the amendments to the agreement 3 on behalf of the City of South Miami. 4 5 Section 2. For the purpose of equity in employee benefits, the City Manager is authorized to 6 increase the deferred compensation matching fund contribution to an amount not to exceed 7 %o for 7 senior level managers, as defined in resolution number 66- 00- 10959, which is hereby attached. 8 9 Section 3. That this resolution shall take effect immediately upon approval. 10 11 12 PASSED AND ADOPTED this day of October 2001. 13 14 APPROVED: 15 16 17 MAYOR 18 ATTEST: 19 20 21 CITY CLERK 22 23 24 25 READ AND APPROVED AS TO FORM: 26 27 28 CITY ATTORNEY 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 66 -00 -10959 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY; OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119 -93- 9358 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %) MATCHING. CONTRIBUTION TO DEFERRED COMPENSATION PLAN FOR SENIOR LEVEL MANAGERS CURRENTLY DEFINED AS DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, AND ASSISTANT TO CITY MANAGER. WHEREAS, resolution number 119 -93 -9358 authorizes the City Manager to offer a three percent (3 %) matching contribution to the deferred compensation plan for Department Heads who elect to participate in the ICMA program, instead of regular City pension plan; and WHEREAS, resolution number 133 -96 -9887 authorizes the City Manager to offer a three percent (3 %) matching contribution to the deferred compensation plan for the Assistant to City Manager and the Assistant Public Works Director, if they elect to participate in the ICMA program instead of regular City pension plan; and WHEREAS, the three percent (3 %) matching contribution plan was created to provide equitable benefit for those Department Heads who were not benefiting from the City three percent (3 %) contribution to the regular pension plan for other employees at the time; and WHEREAS, the City contribution to the pension plan was increased to five percent (5 %) in 1995 for General Employees as part of the City agreement with American Federation of State County and Municipal Employees (AFSCME); and WHEREAS, in order to maintain equity in the City benefit distribution, it is necessary to change the City matching contribution to the deferred compensation plan for those employees prescribed in the two aforementioned resolutions to five percent (5 %). NOW, THEREFORE, BE IT RESOLVED ` BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby authorizes the City Manager to provide a five percent (5 %q) matching contribution to the deferred compensation plan for the group of employees referenced above. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 7th day of March , 2000. ATTES APPROVED: or CITY CLERK MAYOR READ A1T .A-P�PIRO A TO FORM: COMMISSION VOTE: 5 -0 >-- Mayor Robai na : Yea Vice Mayor Fel i u: Yea CftATTORNEY Commissioner Bethel: Yea Commissioner Russell Yea Commissioner Hiscombe: Yea v To: Mayor and City Commission Date: March 3, 2000 From: Charles D. Scum A/ Re: AGENDA ITEM # City Manager ,r'} Commission Mtng. 3 /7/00. ` Change of City matching contribution To five percent (5 %) for Senior Level Managers. REOUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119 -93 -9358 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %) MATCHING CONTRIBUTION TO DEFERRED COMPENSATION PLAN FOR SENIOR, LEVEL MANAGERS CURRENTLY DEFINED AS DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, AND ASSISTANT TO CITY MANAGER. BACKGROUND & ANALYSIS In 1993, the City Commission approved resolution number 119 -93 -9358 to authorize the City Manager to offer a three percent (3 %) matching contribution to Department Heads who are not participating in the regular City pension plan. This was done at the time to provide equitable benefits for those Department Heads that were not participating in the regular pension plan which the City contributes three percent (3 %) annually to match the contribution from those participating employees. In 1996, the benefit was extended to the Assistant to City Manager and the Assistant Public Works Director by means of resolution number 133 -96 -9887. Because of the agreement between the City and the American Federation of State County and Municipal Employees (AFSCME) in 1995, the City annual contribution to the pension plan has increased to five percent (5 %). This has created inequity in the amount of contribution paid by the City to the pension plan and the deferred compensation plan for the participating Department Heads. The proposed resolution, if approved by the City Commission, will correct the inequity and put the contribution amounts at the same level for all employees. The cost of the change is estimated to be $6,000 for the remainder of this fiscal year. Funds are available in Deferred Compensation Plan Contribution line item. RECOMMENDATION Approval is recommended. RESOLUTION NO. 133 -96 -9887 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF _ SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AUTHORIZING THE CITY MANAGER TO INCLUDE THE POSITIONS OF CITY CLERK, ASSISTANT TO CITY MANAGER, AND ASSISTANT PUBLIC WORKS DIRECTOR POSITIONS FOR A MATCH PAID BY THE CITY WHEN THESE EMPLOYEES PARTICIPATE IN THE DEFERRED. COMPENSATION PLAN, WHEREAS, the City Commission has approved -a plan to match up to 3% of the bi- weekly salary of those department heads who select the ICMA Deferred Compensation plan rather than the Pension Plan, and; WHEREAS, the City Manager has recommended the inclusion of three additional positions, that of Assistant to the City Manager, Assistant Public Works Director, and the City Clerk for eligibility for this plan; and WHEREAS, this alternative will allow the individuals in these three positions to chose between the pension plan or the ICMA Deferred Compensation Plan; and WHEREAS, the Assistant to the City Manager, Assistant Public Works Director, and the City Clerk may contribute more than 3 % to the ICMA plan each biweekly pay period, the City will match only the first 3% for the Assistant to the City Manager and Assistant Public Works Director, and a minimum of 3 % for the City Clerk. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes the City Manager to extend the matching benefit to the Assistant to the City Manager, Assistant Public Works Director, and the City Clerk in addition to the Department Heads currently offered this benefit. The Assistant to the City Manager, Assistant Public Works Director, and the City Clerk will be required to contribute a minimum of 3% deducted from each bi- weekly paycheck to be matched at a rate of a maximum of 3% for the Assistant to the City Manager and Assistant Public Works Director, and a minimum of 3% for the City Clerk. Section 2. This resolution shall take effect immediately upon approval .... ..... .. 6130 Sunset Drive, South Miami, FL 33143 v TO: Mayor and Commission DATE: July 17, 1996 FROM Eddie Cox, City Mana er RE: Agenda item 41 Comm. Meeting July 23, 1996 ICMA Deferred Comp Match' This resolution authorizes the eligibility inclusion for ICMA Deferred Compensation match to three key positions in the City. Currently, the City matches 3 % for Department Heads (only) who choose the Deferred Compensation plan over the Pension Plan. I am recommending approval of of the addition of the positions of Assistant to the City Manager, Assistant Public Works Director, and the City Clerk. These individuals, like the Department Heads, must contribute at least 3% of their salary to this plan, but may contribute more. The two assistant positions will be matched at a rate of 3%. The City Clerk will be matched by a minimum rate of 3%. The inclusion of these positions is important to maintaining the professional level of individuals we currently have, and in any future recruitment when vacancies occur. I recommend your approval. RESOLUTION NO. 119 -93 -9358 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AUTHORIZING THE CITY' MANAGER TO OFFER DEPARTMENT HEADS AS ALTERNATIVES, PARTICIPATION IN THE CITY'S PENSION PLAN OR PARTICIPATION IN THE INTERNATIONAL CITY MANAGER'S ASSOCIATION (ICMA) DEFERRED COMPENSATION PLAN. WHEREAS, the City has an optional pension system which requires twenty-years of continuous service to be 100% vested; and WHEREAS, the City Manager has proposed` an alternate to the City's Pension Plan for Department heads which would permit Department Heads to elect to participate in the ICMA deferred compensation plan instead of the City pension plan; and WHEREAS, Department Heads selecting the ICMA plan will have 3% of their biweekly salary matched by a'City contribution of 3X; and - WHEREAS, Department Heads selecting the ICMA plan must contribute 3% of their biweekly salary in order for the City to match the Department Heads 3% and WHEREAS, the Department Head may contribute more than 3% to the ICMA plan each biweekly pay period; however, the City will only match the first 3% contribution; and WHEREAS, the ICMA alternative will assist in recruiting future' Department Heads; and WHEREAS, the ICMA will in the long term cost less in City funding than the City's pension plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, - author-zed to offer each Department Head the fo: lowing alternatives. a) Participation in the City pension plan OR b) Participation in..the ICMA deferred compensation plan Section 2. Department Heads selecting the ICMA plan will be required to have a minimum of 3% deducted from each biweekly paycheck to be matched by a maximum of 3% City contribution. PASSED AND ADOPTED this 21st day of September 1993. APPROVED: AYOR IT CLERK i READ AND APPROVED AS TO FORM: CIT Y ATTORNEY i I i i j ii r: l 6 RESOLUTION NO. 133-96-9887 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AUTHORIZING THE CITY MANAGER TO INCLUDE THE POSITIONS OF CITY CLERK, ASSISTANT TO CITY MANAGER, AND ASSISTANT PUBLIC WORKS DIRECTOR POSITIONS FOR A MATCH PAID BY THE CITY WHEN THESE EMPLOYEES PARTICIPATE IN THE DEFERRED COMPENSATION PLAN. WHEREAS, the City Commission has approved a plan to match up to 3% of the bi- weekly salary of those department heads who select the ICMA Deferred Compensation plan rather than the Pension Plan, and; WHEREAS, the City Manager has recommended the inclusion of three additional positions, that of Assistant to the City Manager, Assistant Public Works Director, and the City Clerk for eligibility for this plan; and WHEREAS, this alternative will allow the individuals in these three positions to chose between the pension plan or the ICMA Deferred Compensation Plan; and WHEREAS, the Assistant to the City Manager, Assistant Public Works Director, and the City Clerk may contribute more than 3% to the ICMA plan each biweekly, pay period, the City will match only the first 3% for the Assistant to the City Manager and Assistant Public Works Director, and a minimum of 3% for the City Clerk. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes the City Manager to extend the matching benefit to the Assistant to the City Manager, Assistant Public Works Director, and the City Clerk in addition to the Department Heads currently offered this benefit. The Assistant to the City Manager, Assistant Public Works Director, and the City Clerk will be required to contribute a minimum of 3 % deducted from each bi- weekly paycheck to be matched at a rate of a maximum of 3% o for the Assistant to the City Manager and Assistant Public Works Director, and a minimum of 3% for the City Clerk. i I Section 2. This resolution shall take effect immediately upon approval. PAS SED AND ADOPTED this2 3 day of ,l u 1 y, 1996. ATTEST: rAROVEIb: CITY CLERK'; ." MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea i I. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: July 17, 1996 FROM: Eddie Cox, City Mana er RE: Agenda Item # " Comm. Meeting July 23, 1996 ICMA Deferred Comp Match This resolution authorizes the eligibility inclusion for ICMA Deferred Compensation match to three key positions in the City. Currently, the City matches 3% for Department Heads (only) who choose the Deferred Compensation plan over the Pension Plan. I am recommending approval of of the addition of the positions of Assistant to the City Manager, Assistant Public Works Director, and the City Clerk. These individuals, like the Department Heads; must contribute at least 3% of their salary to this plan, but may contribute more. The two assistant positions will be matched at a rate of 3% o. The City Clerk will be matched by a minimum rate of 3 %. The inclusion of these positions is important to maintaining the professional level of individuals we currently have, and in any future recruitment when vacancies occur. I recommend your approval. RESOLUTION NO._ 119 --93 -9358 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO OFFER DEPARTMENT HEADS AS ALTERNATIVES, PARTICIPATION IN THE CITY'S PENSION PLAN OR PARTICIPATION IN THE INTERNATIONAL CITY MANAGER'S ASSOCIATION (ICMA) DEFERRED COMPENSATION PLAN. WHEREAS, the City has an optional pension system which requires twenty— years of continuous service to be 100% vested; and WHEREAS, the City Manager has proposed an alternate to the City's Pension Plan for Department Heads which would permit Department Heads to elect to participate in the ICMA deferred compensation, plan instead of the City pension plan; and WHEREAS, Department Heads selecting the ICMA plan will have 3% of their biweekly salary matched by a City contribution of 3 %; and WHEREAS, Department Heads selecting the ICMA plan must contribute 3% of their biweekly salary in order for the City to match the Department Heads 3 %; and WHEREAS, the Department Head may contribute more than 3% to the ICMA plan each biweekly pay period; however, the City will only match the first 3% contribution; and WHEREAS, the ICMA alternative will assist in recruiting future Department Heads; and WHEREAS, the ICMA will in the long term cost less in City funding than the City's pension plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to offer each Department Head the fo''owing alterna--ives. a) Participation in the City pension plan OR b) Participation in the ICMA deferred compensatic- plan Section 2. Department Heads selecting the ICMA plan will be required to have a minimum of 3% deducted from each biweekly paycheck to be matched by a maximum of 3% City' contribution. PASSED AND ADOPTED this 21st day of September 1993. APPROVED: MAYOR IT CLERK READ AND APPROVED AS TO FORM: m CIT'Y' ATTORNEY TO: Mayor and City Commission DATE: September 27, 2001 FROM: Charles D. Scurr, Ci anager Re: Agenda. Item # 1. Legal Services Consulting- Labor: Weiss, 14 t 109 Scrota, Helfinan, Pastoriza and Guedes, P.A. The Request A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; AUTHORIZING THE CITY MANAGER TO PAY FOR AN INVOICE IN THE AMOUNT OF $15,342.72 FOR CONSULTING -LABOR SERVICES, FROM ACCOUNT NUMBER 001 - 1500 -514 -3440, TITLED CONSULTING — LABOR ATTORNEY, TO THE FIRM OF WEISS, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A., PROVIDING AN EFFECTIVE DATE. Background and Analysis The City of South Miami has traditionally used outside labor counsel to provide legal and best practices support on matters related to labor laws. The City has just finalized negotiations with the Police Benevolent Associations (PBA) and the American Federation of State, County and Municipal Employees (AFSCME). These services were required in order to ensure that all applicable laws and regulations are adhered to and also to ensure that the City is appraised of best practices that are being used by other similar municipalities. The City also used the services of labor counsel to assist with a petition filed before the Public Employees Relations Commission (PERC). This matter, involving communications officers, was resolved to the City's benefit. The payment for this invoice will be from account number 001 - 1500 -514 -3440, titled Consulting- Labor Attorney, which presently has a balance of $15,400. RECOMMENDATION I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; AUTHORIZING THE CITY MANAGER TO PAY FOR AN INVOICE IN THE AMOUNT OF $15,342.72 FOR CONSULTING -LABOR SERVICES, FROM ACCOUNT NUMBER 001 - 1500 -514 -3440, TITLED CONSULTING — LABOR ATTORNEY, TO THE FIRM OF WEISS, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami requires legal counsel on matters related to labor laws; and WHEREAS, the City of South Miami has just finalized negotiations with the Police Benevolent Association (PBA) and the American Federation of State, County and Municipal Employees (AFSCME); and WHEREAS, the City requires special labor counsel in order to ensure that all applicable laws and regulations are adhered to and also to ensure that the City is apprised of best practices being used by other municipalities; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF SOUTH MIAMI, FLORIDA, THAT: Section 1 The City Commission hereby authorizes the City Manager to pay the invoice in the amount of $15,342.72 from Account Number 4001- 1500 -514 -3440, titled Consulting Labor for the firm of Weiss, Serota, Heifinan, Pastoriza and Guedes, P.A. Section 2 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of October 2001. APPROVED: JULIO ROBAINA, MAYOR 1 2 r ( y DRAFT ,� 8 i .�,5�•S t't k. ii }liar xx�' City of South Miami Regular City Commission Minutes 3 August 21 2001 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, August 21, 2001 beginning at 8:50 9 p.m., in the City Commission Chambers, 6130 Sunset Drive.. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Julio Robaina, Vice Mayor Horace G. Feliu and Commissioners 14 David D. Bethel, Mary Scott Russell and Randy G. Wiscombe. 15 16 Also in attendance were: City Manager Charles D. Scurr, 17 Assistant City Manager Subrata Basu, Assistant City Attorney Luis 18 Figueredo sitting in for Attorney Earl G. Gallop and City Clerk 19 Ronetta Taylor. 20 21 B. Invocation: 22 Vice Mayor Feliu delivered' the Invocation. Special 23 acknowledgement was given to Mayor Robaina and family during 24 their time of bereavement. Special prayer was also requested for 25 the Colzie family on the passing of Mr. Neal Colzie. 26 27 C. Pledge of Allegiance: 28 The Pledge of Allegiance was recited in unison. 29 30 D Presentation(s) (7:00 p.m.) 31 32 Chief Cokes Watson of the South Miami Police Department 33 reported that the City has seen an overall 20% decrease in crime 34 for the first six months of the year. He acknowledged the 35 professionalism and hard work of the men and women of the South 36 Miami Police Department in accomplishing this achievement. He 37 further thanked the City Commission and City Manager their 38 support by providing the resources necessary to carry out the 39 police department's objectives. 40 41 Mr. Lee Rawlinson, Assistant Director of Planning for Miami 42 Dade County appeared before the City Commission to provide a REGULAR CITY COMMISSION MINUTES - August 21, 2001 1 „ 77 � -,, 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 report on the progress being made with the Vision for downtown Kendall. • David Silver - Red Sunset Merchants Association Mr. Silver appeared before the City Commission to inform them of plans and activities undertaken by the Red /Sunset Merchants Association to address infrastructure issues as well as creating a two -way communications network. Chamber South was acknowledged for its assistance in the Red /Sunset Merchants time of transition. Commissioner Wiscombe thanked Mr. Silver for providing such a thorough report. He said this is something this Commission has been asking for, for a long time. • Frost Walker Mayor Robaina from residents about Frost Walker appeared before the City Commission and that the Elks Lodge representatives were in a very frame` of mind about the issues relating to the Elks He emphasized that the problem is solved. Commissioner was acknowledged for his support and assistance in ng the issues with the Elks Lodge. South Miami Elks Lodge related that he's received several letters the situation at the Elks Lodge.- rela pos i Lodg Wisc reso ve Mr. Walker said his group was present tonight to address the issue of an ordinance, which the City Attorney was directed to draft,. that would have an adverse affect on the Elks Lodge. He related that he wanted to announce the dramatic changes that were made to solve the problem with the neighbors. He further said the purpose of their presence tonight was to ask the Commission to instruct the City Attorney to withhold and to defer the drafting of the relating ordinance and provide the Elks Lodge representative with an opportunity to prove that they can obey and abide by every law and ordinance of the City of South Miami. Mr. Walker said that the last Noise Ordinance violated occurred back in February 2001. After that violation the Elks Lodge, decided that it would take preventive measures at all events where noise might be a problem. In June 2001 a graduation party held at the Lodge. The Party got a little loud, with the younger crowd involved. As a result the Elks Lodge was citedl. The Elks Lodge has since taken dramatic action, which included changing the management team. He emphasized that the Elks Lodge would comply with all of the City's laws and welcomed the opportunity to work with Commissioner Wiscombe. Mayor Robaina thanked Mr. Walker and representatives of the Elks Lodge for their due diligence in addressing the concerns of the surrounding residents. He said that he was not in favor of REGULAR CITY COMMISSION 2 MINUTES:,- August 21, 2001 1 introducing another law if the problem can be resolved without 2 it. 3 4 Commissioner Wiscombe opined the frustration that has come 5 from the previous Commission and this Commission is the fact that 6 the activities held at the Elks Lodge have been a problem. He 7 emphasized that the key to resolving this problem is 8 communication between representatives from the Elks Lodge and the 9 area neighbors. 10 11 Mayor Robaina said that the facility's parking lot was in 12 dire need of re- paving. 13 14 Mr. Walker said that the paving issue is being addressed. 15 However before a permit can be issued the process has to go 16 through DERM. 17 18 Commissioner Wiscombe suggested that in order to come to a 19 final compromise, another meeting with representatives from the 20 Elks Lodge and the area residents should beheld. 21 22 Mayor Robaina agreed to hold off on the drafting of the 23 proposed ordinance. However, no official action was taken 24 because the City Commission meeting had not been officially 25 called to order. 26 27 • Don Marx - KAPOW 28 Mr. Marx appeared before the City Commission on behalf of 29 Chamber South to recognize South Miami as the "All America City" 30 and to acknowledge its participation in a program known as KAPOW. 31 He presented the City of South Miami with a plaque for its 32 participation in the KAPOW Program. 33 34 • All America City Contributors 35 Mayor Robaina and members of the City Commission presented 36 over 100 organizations and individuals with a replica of the All 37 America City Award for their support and contribution toward the 38 All America City trip to Atlanta, Georgia. 39 40 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 41 42 1.Approval of Minutes 43 Regular City Commission Minutes - June 5, 2001 - 44 Moved by Commissioner Bethel, seconded by Commissioner 45 Wiscombe to approve the minutes as presented. 46 47 There, being no discussion the motion passed by a 5 -0 vote. 48 49 Commissioner Wiscombe: Yea 50 Commissioner Russell: Yea REGULAR CITY COMMISSION 3 MINUTES August 21, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Commissioner Bethel: Yea Vice Mayor Feliu: Yea Mayor Robaina: Yea 2. City Manager's Report Manager Scurr reported on the followings 1. All America City Night at Pro Player's Stadium. The City would be recognized for winning the All America City award on tomorrow night during the Marlins v. Dodgers baseball game "All America City Night." He encouraged everyone to watch the game. 2 Potable Water. A .contract for the construction of the first phase is on tonight's agenda for the Commission's consideration. 3. Canal Maintenance. Administration had a very positive meeting with Miami - Dade County on canal maintenance. Miami -Dade County has agreed to resume its normal maintenance of the canals. Administration is also investigating other avenues for the canal maintenance. 4. Parkside Village and the Shaw PUD. Progress is being, made. The City met with the neighbors and provided them with a couple of alternatives that the City is comfortable with. This information would be provided to all of the neighbors in the area 5. Downtown streetlights. The lights were out in the downtown area due to a construction accident whereby the electrical cable was cut. It is anticipated that the lights will be back in operation by tomorrow. The regular maintenance cycle on the tree lights will take place within the next few weeks. 6. Control of local streets. The City is seeking to joint venture with other municipalities with regard to this issue. Vice Mayor Feliu related that a lot of counties from throughout the country allow their cities to handle their traffic calming issues. Manager Scurr related that when the State of Florida established Miami -Dade County as a Home Rule Charter, all those normal provisions were changed. Commissioner Russell suggested asking the Miami -Dade County League of Cities for its support in this endeavor. She asked that Mr. Basu accompany her for a Friday meeting. 7. U.S. One Restoration. Administration has been in contact with FDOT regarding the restoration of the intersections. 8. Bird Road Restoration. None of the plans for this area have been viewed by the City of South Miami. Administration has asked for a meeting with FDOT engineers and public relations representatives on this project. 9. Charter Communications. Per the suggestion of the City Commission, Charter Communications has agreed to hold a public REGULAR CITY COMMISSION MINUTES - August 21, 2001 9 1 workshop for Saturday,, September 15th from 10:00 am. 2:00 p.m. 2 Public notice will be provided. 3 10. Budget Process. At least three members (Dick Ward, Mark 4 Hebert and Chuck Harty) of the Budget Review Committee have been 5 identified. A meeting would be scheduled for next week. 6 7 Mayor Robaina shared that the South Miami Homeowners 8 Association had recommended Mr. Harty to serve on the Budget 9 Review Committee 10 11 Commissioner Russell shared that Mr. Dan McCrea had also 12 offered his services. 13 14 11. CRA Update. A workshop will be held with all the residents 15 of the public housing complex to talk about the public housing at 16 the South Miami Gardens Project. A Multi - Family Housing Design 17 workshop would be held on Saturday, August 25th from 9:00 a.m. - 18 3;00 p.m. at the Senior Citizen Center. A back to school supply 19 give -a -way will also take place on that same day from 12 -3 p.m. 20 at the After School House facility. 21 12. Updates. Administration is still working on the vines at 22 Metro rail; the traffic cones over on Sunset Drive will be 23 removed on tomorrow; coordinating efforts with the pedestrian 24 crossing on Sunset 'Drive and 58th Avenue is being moved forward; 25 the new sod on Sunset Drive median would be put in on next week; 26 an updated survey will be conducted on the Open Space Park. 27 13. Communications Policy. Administrative guidelines on 28 telephone' and communication skills have been provided to the 29 employees. Training on customer service and telephone and 30 communication will be provided to all employees on an on -going 31 basis. 32 33 Commissioner Wiscombe asked what type of procedure was in 34 place if it is found that an employee was not returning phone 35 calls in a timely manner. 36 37 Ms. Jeanette Navarro, the City's Human Resource Manager said 38 that the employee would be spoken to and subsequently monitored 39 to make sure the behavior is not repeated. A memorandum would 40 also be placed in the employee's personnel file. 41 42 14. Upcoming meetings. The second and final meeting, of Zoning 43 Task Force is scheduled for Tuesday, September 25th at 6 :30 p.m.; 44 the Budget hearings are scheduled for September 4th and September 45 llth at 6:00 p.m.; The Cocoplum Terrace Traffic Study is 46 scheduled for September 6th. 47 48 Items For The City Manager 49 50 Vice Mayor Feliu asked for an update on the turn -about on 51 65th Avenue and 61St Terrace. REGULAR CITY COMMISSION MINUTES - August 21, 2001 5 1 2 Mr. Basu said the 'traffic circle plans have been completed 3 and will be turned over to Miami -Dade County for final approval. 4 Administration would then bring this item to the Commission for 5 funding approval. He said that a temporary installation should 6 cost approximately $1,500.00. Permanent installation would cost 7 approximately $10,000 - $12,000. 8 9 Commissioner Bethel shared that held received letters from 10 residents along 64th Street regarding the noise and disturbance 11 being made by the peacocks. 12 13 Attorney Figueredo said that he would look into the 'legal 14 aspects with respect to peacocks. 15 16 Commissioner Russell suggested looking into an alternative 17 replacement for the sod along the Sunset Drive median. 18 19 Commissioner Wiscombe suggested having the soil along the 20 Sunset Drive median tested for contamination. He further 21 indicated that the sidewalks along Sunset drive and 63rd Court, 22 64th Court and 65th Avenue were not completed all the way to the 23 street. He shared that he's been exploring the possibility of a 24 Farmer's Market. He said that held like to see this event held 25 at City Hall or along the street. 26 27 Mayor Robaina shared that some of the senior citizens as 28 well as Hope Lutheran Church wanted to get involved with the 29 Farmer's Market. He asked that Commissioner Wiscombe contact the 30 appropriate - representatives of both entities. 31 32 Commissioner Wiscombe further shared that bundles of 33 advertising flyers were continuing to be dumped on the downtown 34 streets. He emphasized the importance of having administration 35 address this issue. He related that he'd received several phone 36 calls over this past weekend about a garage sale on 69t" Terrace. 37 He requested that when an application for a garage sale is 38 received that administration request that the two required 39 signatures of the adjacent property owners be stapled to the 40 permit. He further suggested broadcasting the garage sale rules 41 and the leash laws on Cable Channel Five. 42 43 Mayor Robaina conveyed the importance of celebrating the 44 City's 75th birthday. Perhaps this celebration could be held in 45 conjunction with the All America City party. He further suggested 46 hosting a "The Taste of South Miami" event. 47 48 Commissioner Bethel further_ suggested hosting "Music in the 49 Park" events. 50 REGULAR CITY COMMISSION MINUTES - August 21, 2001 N 77 ,, 1 Mr. Silver re- appeared before the City Commission and shared 2 that the Red /Sunset Merchants Association was contemplating 3 bringing a Sunday musical event to the downtown area. 4 5 Commissioner Wiscombe shared that some of the instructors 6 from the University of Miami School of Music was interested in 7 having some of their students perform in South Miami either 8 during the evening or late afternoon on a Saturday or Sunday. 9 This suggestion received overwhelming support from the City 10 Commission 11 12 Vice Mayor Feliu asked for an update on the Pedestrian 13 Overpass. 14 15 Manager Scurr advised Vice Mayor Feliu that once the 16 Interlocal Agreement is approved the City is hoping to use one of 17 FDOT's consultants `to start doing the next retail level of 18 engineering design. This process can be quite lengthy because of 19 the issue of where to locate the entrance and exit ramp of the 20 pedestrian overpass on east side of U.S. One has to be worked 21 out. 22 23 After there were no further comments or questions for the 24 City Manager this report was concluded. 25 26 3. City Attorney's Report 27 Attorney Luis'Figueredo provided the City Commission with a 28 memorandum updating City of South Miami forfeiture matters. 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. 118 -01 -11266 36 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OPEN SPACE 38 PARK; DIRECTING THE CITY MANAGER PERFORM SURVEY TO 39 ENSURE ACCURATE PROPERTY BOUNDARIES; PROVIDING FOR AN 40 EFFECTIVE DATE. 3/5 41 (Vice Mayor Feliu /Comm. Wiscombe) 42 43 RESOLUTION NO. 119 -01 -11267 44 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 46 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 47 FIGUEREDO, P.A. IN THE AMOUNT OF $21,695.42; CHARGING 48 $1,205.00 TO ACCOUNT NO'. 1500 -534 - 3435, REAL 49 PROPERTY /FORECLOSURE; CHARGING $15,276.96 TO ACCOUNT 50 NO. 1500 -514- 3410, LEGAL SERVICES, NON- RETAINER;. REGULAR CITY COMMISSION MINUTES - August 21, 2001 7 1 CHARGING $4,338.46 TO ACCOUNT NO. 608- 1910 -521- 3100, 2 PROFESSIONAL SERVICES, FORFEITURE;; AND CHARGING $875.00 3 TO ACCOUNT NO. 1500- 514 -3420, TELECOMMUNICATIONS; 4 PROVIDING AN EFFECTIVE DATE. 3/5 5 6 Moved by Mayor Robaina, seconded by Commissioners Russell 7 and Wiscombe to approve the Consent agenda. 8 9 There, being no discussion the motion passed by a 5 -0 vote. 10 11 Commissioner Bethel: Yea 12 Vice Mayor Feliu: Yea 13 Commissioner Russell: Yea 14 Commissioner Wiscombe: Yea 15 Mayor Robaina Yea 16 17 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 18 There were none 19 20 RESOLUTION(S) /PUBLIC HEARING(S) 21 22 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO 24 SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR 25 SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR 26 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY 27 LOCATED AT 4300 S.W. 58TH AVENUE, WITHIN THE ` "PI" 28 PUBLIC /INSTITUTIONAL ZONING DISTRICT. 3/5 29 30 Moved by Mayor Robaina, seconded by Commissioners Russell 31 and Wiscombe to defer this item to the October 16th City 32 Commission meeting. 33 34 There, being no discussion the motion passed by a 5 -0 vote. 35 36 Commissioner Wiscombe: Yea 37 Commissioner Russell: Yea 38 Commissioner Bethel: Yea 39 Vice Mayor Feliu Yea 40 Mayor Robaina: Yea 41 42 RESOLUTION (S) 43 44 RESOLUTION NO. 120 -01 -11268 45 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 47 THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE REDLAND 48 COMPANY, INC. FOR WATER MAIN IMPROVEMENT - PHASE lA 49 CONSTRUCTION AT AN AMOUNT NOT TO EXCEED $366,528.20. REGULAR CITY COMMISSION 8 MINUTES - August 21, 2001 - - T-- �- �..- �-c-�� fir,: ^-r- - �:.r -: ....�. -�,-. - - - ? "- •'_'�". .- 1 3/5 2 3 Moved by Vice Mayor Feliu, seconded by Commissioners Bethel 4 and Wiscombe to approve this item. 5 6 Manager Scurr said this would initiate Phase 1A of the water 7 main improvements. 8 9 At the conclusion of this discussion, the motion passed by a 10 5 -0 vote. 11 12 Commissioner Wiscombe: Yea 13 Commissioner Russell: Yea 14 Commissioner Bethel: Yea 15 Vice Mayor Feliu: Yea 16 Mayor Robaina: Yea 17 18 RESOLUTION NO. 121 -01- -11269 19 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 21 MANAGER TO ENTER INTO A FOUR YEAR TELEPHONE MAINTENANCE 22 AGREEMENT WITH BELLSOUTH IN AN AMOUNT NOT TO EXCEED 23 $821.65 A MONTH AND CHARGING THE DISBURSEMENT- TO 24 ACCOUNT 001- 2100 - 519 -4630 TITLED- NON DEPARTMENTAL 25 MAINTENANCE AND REPAIRS COMMUNICATION EQUIPMENT. 3/5 26 27 Moved by Vice Mayor Feliu, seconded by Commissioners Russell 28 and Wiscombe to approve this item. 29 30 Manager Scurr explained that a bid was put out for the 31 maintenance of the City's telephone system. The lowest 32 responsible bidder after everything was taken into consideration 33 was BellSouth, which had also installed the system. 34 35 At the conclusion of this discussion the motion passed by a 36 4 -0 vote. 37 38 Commissioner Wiscombe: Yea 39 Commissioner Russell: Yea 40 Commissioner Bethel: Yea 41 Vice Mayor Feliu: Yea 42 Mayor Robaina Recused 43 44 ORDINANCE (S) FIRST READING 45 There were none 46 47 PUBLIC REMARKS 48 49 Mr. David Tucker, Sr., was afforded an opportunity for 50 comments. REGULAR CITY COMMISSION 9 MINUTES — August 21, 2001 1 COMMISSION REMARKS 2 3 Each Commission member was afforded an opportunity for 4 comments. 5 6 After there was no further business" to come before this 7 Body, the meeting adjourned at 10;38 p.m., with Vice Mayor Feliu 8 delivering inspirational parting words. 9 10 11 Approved 12 13 14 Attest 15 Mayor 16 17 18 City Clerk 19 REGULAR CITY COMMISSION 10 MINUTES August 21, 2001 CITY OF SOUTH MIAMI NEIGHBORHOOD TRAFFIC MANAGEMENT COCOPLUM TERRACE (From Brewer Canal to SW 62nd Avenue) and From Sunset Drive to SW 64th Street) EXECUTIVE SUMMARY October 16, 2001 Neighborhood Traffic Management City of South Miami CITY OF SOUTH MIAMI NEIGHBORHOOD TRAFFIC MANAGEMENT COCOPLUM TERRACE (From Brewer Canal to SW 62nd Avenue and from Sunset Drive to SW 64th Street) Executive Summary The City of South Miami is considering the implementation of neighborhood traffic management for the residential area bounded by Brewer Canal from the west, Sunset Drive from the south, SW 62nd Avenue from the East, and SW 64th Street from the north. The purpose of the study is to address speeding and traffic intrusion in local residential streets. The City initiated a traffic management study by contracting engineering services from Marlin Engineering, Inc. (MEI) to perform traffic data collection and analysis, as well as development of traffic calming alternatives for the study area. To identify the magnitude of the problems within the study area, traffic data were collected during the month of May 2001, which included 24 -hour vehicle volume counts at 8 locations, 24 -hour vehicle speed studies at 4 locations, 24 -hour vehicle classification counts at 3 locations, and 5 -hour turning movement counts at the three signalized intersections along SW 62nd Avenue. Also, two public workshops were held with the residents of the study area to initiate and maintain a close dialogue with the community, receive information on public traffic concerns at specific locations and explore potential use of adequate traffic calming devices. As a study result of the traffic management analysis, summary recommendations on improvements and cost estimate follow: • Install a second left -turn lane and directional signs to US -1 northbound for eastbound approach on Sunset Drive and re -stripe the eastbound lanes before and after SW 62nd Avenue intersection. Install US -1 Northbound Guide Signs on Sunset Drive. • Install partial - closure for westbound traffic on SW 70th Street west of SW 62nd Avenue (west of the Social Security and the Medical Offices). • Install traffic circles at the following intersections: SW 63rd Avenue /SW 70th Street, SW 62nd Court/SW 69th Street, SW 64' Avenue /SW 68th Street, SW 63' Avenue /SW 68th Street, SW 64th Avenue /SW 66th Street, and SW 63rd Avenue /SW 66th Street. • Install speed tables north of Sunset Drive on SW 64t' Ct., SW 63' Ct. and SW 63rd Ave. and south of SW 64th St. on SW 64th Ct., SW 63' Ct. and SW 62nd Ct. • Install speed table /street narrowing west of SW 62nd Avenue, on SW 69th Street and SW 681h Street, to create a transition for traffic operation between commercial and residential areas along SW 62nd Avenue. Marlin Engineering, Inc. i August 2001 Neighborhood Traffic Management City of South Miami COST ESTIMATE OF TRAFFIC CALMING IMPROVEMENTS Traffic Calming Improvements No. of Units Unit Cost Total Cost Traffic Circle 6 $10,000, $60,000 Speed Table (Asphalt) 6 $1,500, $9,000 S eed Table w /Street Narrowing 2 $5,000 $10,000 Partial Street Closure 1 $8,000 $8,000 Subtotal $111,200 Total $111,2001 Subtotal $87,000 Total $87 000 COST ESTIMATE OF ARTERIAL IMPROVEMENTS (SUNSET DRIVE /SW 72 STREET) Location No. of Units Unit Cost Total Cost SW 62nd Avenue Intersection 1 $50,000 $50,000 Overhead Guide Sin 1 $40,000 $40,000 Ground Guide Sin 4 300 $1,200 Pavement Markings LS $20,0001 $20,000 Subtotal $111,200 Total $111,2001 TOTAL COST ESTIMATE SUMMARY Traffic Calming Improvements $87,000 Sunset Dr. Arterial Improvements $111,200 Sub Total $198,200 +8% Engineering Fee $15,856 +5% Contin enc $9 944 Totall $224,0001 I tORPO'R n i s - �0 Xf 4 »� �Q Z e I n CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor and City Commission From: Charles D. Scurr City Manager Date: October 16, 2001 Subject: Agenda Item# Commission Meeting 10/16/01 Support for incorporation of Redland and Palmetto Bay REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE INCORPORATION OF THE PALMETTO BAY AND REDLAND AREAS. BACKGROUND AND ANALYSIS Mayor Robaina asked that this be prepared and presented as an add -on item. RECOMMENDATION Your approval is recommended.