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03-21-00......................... MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: March 21, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 11, 2000 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -66 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentations) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes March 7, 2000 - Regular City Commission Minutes 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA REGULAR CITY COMMISSION 1 AGENDA - March 21, 2000 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; RE- APPOINTING PATRICIA CHIMELIS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMISSION FOR WOMEN; APPOINTING JOYCE PRICE TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS ADVISORY BOARD; APPOINTING JOANN MYERS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY AND /OR AMEND STATE LAW TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS'INSURE - COMPLIANCE WITH FIRE AND SAFETY CODES AND THAT COUNTY, MUNICIPAL AND OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT AUTHORITY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, REGARDING WATERWAY MAINTENANCE, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LAKE DOCTORS, INC. TO A COST NOT TO EXCEED $5,472.00, AND CHARGING THE DISBURSEMENT TO "STORMWATER TRUST FUND - CONTRACTUAL SERVICES" ACCOUNT NO. 111 - 1730 - 541 -3450, FISCAL YEAR 1999/2000. 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $26,000.00 TO LAW ENFORCEMENT- SUPPLY COMPANY, INC. FOR THE PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT AND CHARGE THE FUNDS TO ACCOUNT NUMBER 1910- .521 -6430, (OPERATING EQUIPMENT) 3/5 REGULAR CITY COMMISSION 2 AGENDA - March 21, 2000 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) The -re are none RESOLUTION (S) PUBLIC HEARING There are none RESOLUTION (S) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SELECTION OF CONSULTANTS; PROVIDING FOR VIDEO TAPING PRESENTATIONS ON RFP'S AND RFQ'S; PROVIDING AN EFFECTIVE DATE. (Commissioner Wiscombe) 3/5 ORDINANCE (S) FIRST READING 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION OF SECTION 15 -1, AIRCRAFT- MINIMUM ALTITUDE; SECTION 15- 2, SAME- STUNT OR ACROBATIC FLYING, AND SECTION 15 -3, SAME - TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO DELETING SECTIONS 15 -67 TRAINS OBSTRUCTING STREETS; MAXIMUM TIME ALLOWABLE; PENALTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA TO NONCONFORMING USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND REGULAR CITY COMMISSION 3 AGENDA - March 21, 2000 DEVELOPMENT -CODE, BY REVISING SUBPARAGRAPH (A) (6) OF SECTION 20 -4.8 ENTITLED, "NONCONFORMING USES AND STRUCTURES" IN ORDER TO REMOVE THE SIX (6) MONTH PERIOD DURING WHICH A NONCONFORMING USE MAY REMAIN VACANT WITHOUT LOSING ITS NONCONFORMING STATUS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI CODE; REQUIRING REGISTRATION AND DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 8A- 6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER," PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Robaina) SPEAKERS PLEASE TAKE NOTICE THAT SECTION -2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL - IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION,". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 4 AGENDA - March 21, 2000 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/17/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3121/00 City Manager Planning Board Appointment THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING BOARD; RE- APPOINTING PATRICIA CHIMELIS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina re- appoints Patricia Chimelis to the Planning Board. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING BOARD; RE- APPOINTING PATRICIA CHIMELIS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to re- appoint Patricia Chimelis to serve for a two year term ending March 21, 2002 on the Planning Board. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby re- appoints Patricia Chimelis to the Planning Board. Section 2. The expiration date of this re- appointment shall expire March 21, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR , 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: v CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICA TION 6130 Sunset Drive South Miami, FL 331 3 1. Name: `llC'l tiitJ il�fy/��lS (Please prig 2. Home Address: 3. Business Address: 4. Home Phone No. 5. Education Background: 6. Community Service: ,pp Phone No. 305- 663 -6340 Fax No. 305- 663 -6348 ec,-_ . 11-) Business Phone No. S. Are you a registered voter? Yes 9. Are you a resident of the City? Yes 10. Do you have a business in the City? Yes 11. Ethnic Origin? /African Anglo American American _ Hispanic American Other Signature �� i Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 � l No No No CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/17/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3/21/00 City Manager Commission For Women Appointment THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSION FOR WOMEN; APPOINTING JOYCE PRICE TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Joyce Price to the Community Relations Board. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSION FOR WOMEN; APPOINTING JOYCE PRICE TO SERVE FOR AN UNEXPIRED TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Joyce Price to serve for an unexpired term on the Commission For Women. This appointment shall expire March 21, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Joyce Price to the Commission For Women. Section 2. The expiration date of this appointment shall expire March 21, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: I`iA's 7 COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Russell Commissioner Bethel: Commissioner Wiscombe AIM& CITY O-PSOUTUMMAll 80.4RDICOMAJITTE1, A PPLICATIOiNr 6130 Sunset Drive Phone ,No. 305-663-630 South Miami, FL 33143 Far No. 305-663-4 )JiM ID, P, a- 46 1. Marcie: I �, 4— - C , 0 1 - -� Z. Home Addresi: (P segrint -3 314-Y 7000 -5:LJ F T 0'+ Home Phone No. 41) Business Phone No. R K. 9. Education Background: Cominunity Service; Are you it registered voter? Yes No .— Are you a resident of the City? VC3 ^ No Do you have a business ir► the City? Yes N0 Ethnic Origin' Anglo American T^ African American Hispanic Attie Other THIS APPLICATIOS WILL R-PNTAIN ON, F11,V FOR OS YEAR Relil'id 1,1000 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/17/00 AGENDA ITEM # FROM: Charles D. Scurr fa*e Comm. Mtg. 3/21/00 City Manager Grants Advisory Appointment THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS ADVISORY BOARD; APPOINTING JOANN MYERS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Joann Myers to the Grants Advisory Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, ADVISORY BOARD; APPOINTING JOA TWO TERM ENDING MARCH 21, 2002 DULY APPOINTED AND QUALIFIED; DATE. CITY COMMISSION OF THE RELATING TO THE GRANTS RN MYERS TO SERVE FOR A OR UNTIL A SUCCESSOR IS PROVIDING AN EFFECTIVE WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Joann Myers to serve for a two year term on the Grant Advisory Board. This appointment shall expire March 21, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Joann Myers to the Grant Advisory Board. Section 2. The expiration date of this appointment shall expire March 21, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2000. 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: 02/15/00 16:13 FAX 3053754659 Z02 Feb -14 -00 02:40P P.02 r IN CITY OF SOUTH MIAMI BOARD /COMMITTEE APPL. F47A TION 6130 Sunset Drive Phone N 7. 305 -663 -6310 South Miami, FL 33I43 Fax No. .105- 663 -6348 1. Name: � QQ„n n "e.IS _ TPlease p int 2. Home Address: i EP..eACE _ 3. Business Address: i 1 N • UJ• s� S t e667 , 9Ck i 1C o1.41 l5 4. Home Phone No. �b l%(5-lq %off b Business Phone Nolajr 5. ducatio Beef d: y 1 .- 4 a r(A t�c}enr tr4n� ADF io X rnu u r► r n jz'rns�. 6. C nity Service: 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City'. Yes No 11. Ethnic Origin? Anglo American African American L Hispanic American_ Cother Signa tare Date �2- ! Q 6 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 1/2MV 9 4_ CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/17/00 AGENDA ITEM # FROM: Charles D. Scurr mow Comm. Mtg. 3/21100 City Manager Pubic School Systems REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY AND /OR AMEND STATE LAW TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND SAFETY CODES AND THAT COUNTY, MUNICIPAL AND OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT AUTHORITY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina joins with the City of Surfside in urging the State Legislature to clarify and /or amend state law to require that public school systems insure compliance with fire and safety codes and that county, municipal and other Focal agencies shall have enforcement authority such as to require local agencies shall have enforcement authority such as to require compliance with applicable codes in all public school facilities and authority to order the closure of those which fail to comply after inspection and notice. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE 5 LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY 6 AND /OR AMEND STATE LAW TO REQUIRE THAT PUBLIC 7 SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND 8 SAFETY CODES AND THAT COUNTY, MUNICIPAL AND 9 OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT 10 AUTHORITY TO REQUIRE COMPLIANCE WITH 11 APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES 12 IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the Miami -Dade County Public School system has deemed 16 itself immune from the code enforcement authority of county and municipal 17 building, fire and other agencies; and 18 19 WHEREAS, the Miami -Dade County Public School system has blatantly 20 failed to insure compliance with even minimal safety codes and standards in many 21 public schools throughout the County; and 22 23 WHEREAS, the public record reflects many years of gross neglect 24 pertaining to the condition of public school facilities in Miami -Dade County; and 25 26 WHEREAS, records and reports of inspections conducted by public school 27 personnel during the last ten years demonstrate that the school system has ignored 28 the existence of serious safety hazards and code violations within numerous public 29 school facilities for long and completely unreasonable periods of time; and 30 31 WHEREAS, conditions have become so hazardous at some public schools, 32 particularly at Miami Beach Senior High School, that local officials have 33 determined continuation of such conditions constitute a significant danger to the 34 students, faculty and staff at these facilities. 35 36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 38 39 Section L. That the City of South Miami hereby formally urges the 40 Florida Legislature to clarify and/or amend state law to require that public school 41 systems insure compliance with fire and safety codes and that county, municipal 42 and other local agencies shall have enforcement authority such as to require local Additions shown by underlining and deletions shown by everstriking. 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 agencies shall have enforcement authority such as to require compliance with applicable codes at all public school facilities and authority to order the closure of those which fail to comply after inspection and notice. Section 2. That the City Manager shall send a copy of this resolution to other municipalities in the State of Florida and to the Governor and State Legislatures urging that this matter be taken care of immediately. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: 03%11/00 SAT 11).57 FAX SURFSIDE l�]t101 TOWN F SURDUILOISIDE 9293 Harding Avenue urfside, Florida 33154 Ph: 305 - 993 -1015 Ph: 305 -861 -4863 Fax: 305 - 993 -5097 FACSIMILE TRANSMISSION COVER SHEET Toy Municipal and County Agencies Fr„ Alan J. Rubin Vice Mayor, Town of Surfside Re: Fire Safety Enforcement Authority; Public School Facilities [date; March 117 2000 The following draft Resolution is respectfully submitted for your consideration. The Miami -Cade County Public School system has failed to comply with even minimal safety cedes of public school facilities in this county. The school system has knowingly ignored serious hazards year after year, refusing to correct the hazards repeatedly noted by its own inspectors. State law must be amended to convey enforcement authority to local agencies such as fire departments and building departments. The structure and operation of school safety compliance procedures must be amended prier to, and In prevention of, a tragedy ® not in a response after the fact of such a tragedy. Please review the inspection findings and photographs on line at hftp-,Ilwww.town.surfside.fl.us/scho_ols.htmI Please let me know if your legislative body considers passage Of this Resolution; thank you. 03, "11 `t�0 SST 10, FAX SUItFSIDE Z002 RESOLUTION NO. A RESOLUTION OF THE TOWN OF SURFSIDE URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY AND/OR AMEND STATE LAW TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND SAFETY LODES AND THAT COUNTY, MUNICIPAL AND OTHER LOCAL AGENCIES SHALL RAVE ENFORCEMENT AUTHORTTY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF FLORIDA WHEREAS, the Miami -Dade County Public school system has deemed itself immune from the code enforcement authority of county and municipal building, fire and other agencies; and WHEREAS, the Miami -Dade County Public School system has blatantly failed to insure compliance with even minimal safety codes and standards in many public schools throughout the County; and WHEREAS, the public record reflects many years of gross neglect pertaining to the condition of public school facilities in Miami-Dade County; and WHEREAS, records and reports of inspections conducted by public: school personnel during the last ten years demonstrate that the school system has ignored the existence of serious safety hazards and code violations within numerous public school I. AT 1058 FAX SURFSIDE facilities for long and completely unreasonable periods of time; and WHEREAS, conditions have become so hazardous at some public schools, particularly at Miami Beach Senior High School, that local officials have determined continuation of such conditions constitutes a significant danger to the students, faculty and staff at these facilities. NOW, THEREFORE, THE COMMISSION OF THE TOWN OF SURPSID2 HEREBY RESOLVES. ggeo-tj,pn 1. That the above and foregoing recitals are true and correct Section 2. That the Town Commission of the Town of Surfside, Florida hereby formally urges the Florida Legislature to clarify and/or amend state law to require that public school systems insure compliance with fire and safety codes and that county, municipal and other local agencies shall have enforcement authority such as to require compliance with applicable codes at all public school facilities and authority to order the closure of those which fail to comply after inspection and notice. Section 2. That the Town Manager shall send a copy of this resolution to other municipalities in the State of Florida and to the Governor and State Legislature urging that this matter be taken care of immediately. 2 03;`15/00 WED 09 :44 FAX SURFSIDE 2001 STATE LEGISLATURE ASKED TO CHANGE STATE LAW TO AUTHORIZE LOCAL AGENCIES TO ENFORCE FIRE AND SAFETY CODES AT PUBLIC SCHOOL FACILITIES 3 -15 -00 SITRFSIDE: Responding to numerous documented and ;serious life safety hazards at Miami -Dade County public schools, the Surfside Town Commission met Tuesday night (March 14, 2000) and voted unanimously to request the Florida Legislature to pass legislation authorizing local fire departments and building departments to have enibreement authority to insure compliance with safety codes at public schools. Linder present law, local agencies may only conduct "courtesy inspections", but they have no ability to require compliance with fire /s fety codes or to take action in the event of continued violations. The Miami -Dade County public school system has an atrocious record of ignoring serious safety code violations,, year after year. Recently when dangerous conditions were proven to exist at Miami Beach Senior High School and Feinberg/Fisher Elementary School, school officials first denied the problems then attempted to cover there up by painting over inoperable fire alarm systems at Beach High and putting plywood over crumbling structural columns at Feinberg/Fisher, "The school system's record of persistently ignoring life safety hazards and refusing to acknowledge the dangers being faced by Students, teachers and staff warrants prompt action by the Florida Legislature," said Surfside Mayor Paul Novack, who has spearheaded a movement to bring safety, accountability and productivity to the public schools. "Vocal agencies have repeatedly attempted to work with school system officials to gain correction of dangerous conditions and compliance with applicable codes, to no avail ... the school system is far more interested in PR than it is in truly addressing the deplorable reality that exists at many schools in Miami -Dade County today." Tire Chiefs and Fire Marshals from Miami -Dade, the City of M.iacxu, the City of Miami Beach, and elsewhere have agreed with the need for changing state law, after finding hundreds of long standing violations at school facilities throughout the county. School officials have failed or refused to comply with safety codes despite having specific notice and knowledge of the violations and dangers that presently exist. Other municipalities will consider resolutions similar to Surfside's initiative within the next few weeks. Photographs of school facilities, inspection reports conducted by school inspectors and fire department inspectors, and related documentation is available to demonstrate the immediate need for a change in the present system which allows public school Systems to be unaccountable for the failure to rectify safety hazards at school facilities. Hard copier are available from the Town of Surfsidey many of these items are also on line at www. town .surfside.fl.us /schools.html For more information, contact Surfside Mayer Palm Novack at 505 - 993 -1052 or 305 -947 -3000. Q��•`�.a•` €bts 101: FikX SURFS IDF W 9293 Harding Aver rue Surfside, Florida 33154 Ph: 305- 993 -10,5 Ph '1105-861-4861 Fav 30:5-993-5097 03-'11/00 8"AT 10�58 FAX A RESOLUTION OF THE 'TOWN OF SURF°SIDE OF FLORIDA TO CLARIFY AND /OR. AMEND STATE LAW TO REQUIRE THAT PUBL,TC SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND SAFETV CODES AND TREE COUNTY, MUNICIPAI, AND OTHER LC CK1, AGENCIES SHALT: HAVE ENNFO RCEPIMT AUTHORTTY TO REQUIRt COM2LIANCE WITH APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILIT19S IN THE STATE OF FLORIDA. WHEREAS, the Miami -Dade County Public , -Sr,hQ,u,l system has c1eemed ,t. elf immune from the cope enfox .-cement authority courit.,7 !municipal building, fire grad other agencies,- and WHE "QAS, the Miami -Dada Ccunt°y Public School system has blatantly failed to insure compl..ance with even Ti- dinimal safety codes and standard8 in many pudic schools throughout. the County; and WHEREAS, the public record refl;�ct;s many a gross neglect pertaining to the condition Qf public school facilities in M-J..ami -Dade County; and WHEREAS, records and reports of inspecticn� conducted by public school personnel during the last teat years demonstrate that the school system has ignored the ex. stet -.ce of serious safety ha2ards and cods violations within numerous public school 58 FAX a 003 l3fil Of T 10 t i =car: ;gong ar.7:6 coo- p1etc:-�Jy unrea8onable periods of time; WHEREAS, condition 'have. kt-�eccrrte wo hazardous at some public schoois, particularly at Miami Bean' Senior �Iigh School, that local of f i c --; aIs have determined c'tantinLiatW ion of such cond.l.t" ions ; oI—.IStits-teS a significaIlt danger to the students, facu'ity and staff L-,ht-_7sc­ facilities. NOW, THEREFORE, THE COMMISSION OF HE TOWN OF SURPSIDE HEREBY . ; That the a,ba°ae and foregoing :recitals are true and Section 2. That tie 1'cwn Commission of the Town of S rf.side, Florida hereby formally urges the Florida LegiElat- re to clarify and /or amend state law to require that public school systems insure compliance with fire and safety nodes and that cans -ity, m °LniCipa and ether local ageiacles shall have enforcemt nt. authority such as to require compliance with applicable codex at all public school faeil.a -ties and authority t order trr�e closure of thoserr��:tck� fall to comply after inspection and notice. .i rt 'That the gown manager shall send a copy of this resolution to other muziicipalities in the State of Plorida and to the ,Governor and State Legislature urging that this matter be taken ,wt�- ray itcirrti.c e:l y, 2s 03 15; 0 'WE .FY 9-;-14 FAX SURFSIUE 10 001 STNTE LEGISLATURE ASKED TO CHANGE STATE LAW .� I.`T.. .I I< LOCAL AGENCIESTo ENFORCE FIRE AND SAFETY CODES AT PUBLIC SCHOOL FACILITIES UI USI DF: Resporid ng to numerous documented and serious � safety hazards at NELIUM -Dade County public schools, the Surfside Town Comer scion met Tuesday ni tt Warch l . 20001) and voted unafiimously to request the Florida. Legislature to pass legisi-itionauthorizing loci fire departu tints and building departments ;t hove enforcement authority to insure conlph e with; safety aides at public schools;. under present iaix; local alzencies may only conduct "courtesy insDections"`, but the have no ibility to require compliance; with f irelsw tv codes or to tale action in the event of contitlued violations. The Adtnii -Dade County public school systems has as atroc ° record of'ignoring serious safety cede violations year after year. Recently when dangerous conditions were proven to eat at Miami Beach Senior High School and F inberg;fFi: her Elementary School, school officials first denied the problems tfien allempted to cover them up by painting over inoperable fire alarm, systerns at Beach high wid putting :plywood over crumbling structural. crlunins �t Feinberg/Fisher. "The school systern's record cif persistently ignoring life safety hazards and r4,hBin to acl�tlowledge the dan ers being faced by students, teachers and std wairaj is prompt action by the Florida Legislature," said Surf side Mayor Paut Ndvack, NVho has spearheaded a movement to bring, safety, accauntabi* and productivity to the public schools "Local agencies have repeatedly attempted to work with school system ordc:ial to gain c orrectin of dangerous conditions and compliance with applicable codes, to no avail the sehaoI systern is far snore interested in PR than it is in truly a('Id:er�sing the deplorable ream that exists at many schools in Mi -Bade County today.'- Fire Chefs and Fire Marshals f7om 'Miami -Dade, the City of Nllffii i, the City of M r-- Beach, and elsewhere have agreed with the need for changing state lava, after fin- din hundreds of long stand ig violations at sc-hool facilities throughout the county. School officiah -, have failed or refused to comppiy with safety codes despite hiving specifics notice aid I nc ule e of the violations tides ansf'ciang is that presently exist. Other r,�unicipa:lA es x al. consider resulcttic�ns similar to Sur:Ride's initiative within the next few eel s. I ioto.paphs of°school facilities,, inspection reports conducted by school inspectors and fire department inspectors, and related documentation is available to demonstrate the is n- iedia-te need for a change in the present system which allows public school systems to be unaccountable for the failure to rectify safety, hazards at school facile .ies. Hard copies are available from the Woven of urlside; man. of these items are also on lime at W,grw.town.sarfside.fl.uslschool�.htmI For more ipfbrmation, contact Surlside fay or Paw ar' %05 -993 -1052 car 305- 947 -3000. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM `i TO: Mayor and Commission DATE: March 21, 2000 FROM: Charles D. Scurr SUBJECT: Agenda Item # City Manager Commission Meeting, March 21, 2000 L417 AUTHORIZATION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAKE DOCTORS, INC., TO PROVIDE LAKE AND CANAL MAINTENANCE SERVICES AT A COST NOT TO EXCEED $5,472.00, FOR FISCAL YEAR 1999/2000. REQUEST The attached resolution seeks approval to allow the City Manager to enter into a contract with The Lake Doctors, Inc. to provide lake and canal maintenance services. BACKGROUND The "health" of waterways is dependent upon regular water treatments, the removal of trash, embankment weed and floating algae control, fish/wildlife monitoring, and analytical testing. Otherwise, the lake or canal can quickly become unsightly, and a source for malodors. Because of this, the City has historically hired a canal maintenance vendor to provide these services since the County only provides limited canal maintenance (directed toward function only, not aesthetics). This added level of care is needed to proactively ensure that waterway quality does not fall below acceptable standards, and to handle special emergency requests such as removing dead animals from the waterway. ANALYSIS The Lake Doctors Inc. provides waterway management services to Miami -Dade County through Bid No. BW6469 -0/01 (purchase order ID APPR0000570 for $24,000.00). Following an inspection of Fuchs Park Lake and the City's canal system, this firm provided service price quotes based upon the fee structures from their Miami -Dade County contract. /continued ... Mayor and City Commission The Lake Doctors Inc. March 21St, 2000 Page 2 of 2 The total expenditure would not exceed $5,472.00, and the disbursement would come from account No. 111 - 1730 -541 -3450 "Stormwater User Fee Trust Fund — Contractual Services". This account currently has a balance of $25,488. 00 for fiscal year 199912000. RECOMMENDATION Approval of the attached resolution is recommended in order to ensure the quality of the City's waterways. Attachments 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, REGARDING WATERWAY MAINTENANCE, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LAKE DOCTORS, INC. TO A COST NOT TO EXCEED $5,472.00, AND CHARGING THE DISBURSEMENT TO "STORMWATER TRUST FUND -- CONTRACTUAL SERVICES" ACCOUNT NO. 111- 1730 -541 -3450, FISCAL YEAR 1999/2000. WHEREAS, it is the goal of the Mayor and City Commission to maintain and improve the beauty and function of the City's lake and canals, and; WHEREAS, the services of a waterway maintenance firm is required to test and treat the waterway to ensure that these ecosystems remain healthy, and; WHEREAS, The Lake Doctors Inc. provides waterway maintenance services to Miami - Dade County through Bid No. BW6469 -0/01. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a contract with The Lake Doctors Inc., to provide lake and canal maintenance services based upon the Miami -Dade County Contract. Section 2. The contract with The Lake Doctors Inc. is not to exceed $5,472.00 for the remainder of the fiscal year. Section 3. This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this 21St day of March 2000. ATTEST: CITY CLERK CITY ATTORNEY APPROVED: Feb 29 00 10:46a Lake Doctors The Lake Doetolrs, Inc., Aquatic Management Services Mr. David Goodin City of South Miami 4795 SW 75'x' Ave. Miami, FL. 33I55 Dear Mr, Goodin: 9545644877 F. 1 Home office 150 State Rd, 419 Winter Springs, FL 32708 (407; 327 -1080 1- 800.666 -LAKE FAX ,407) 327.7930 Web Address: www.lakedoctors.com E -Mail: la kedocCla kedoctors.co m February 25, 2000 I am enclosing the water management proposal for FUCH'S PARK pond and the canal system in the CITY OF SOUTH MIAMI. This proposal does not match what we are doing in the Special Tax Districts, but I have used the same hourly and material rates, The spraying of the canals includes quarterly treatments for emergent and terrestrial weeds only, The canals have small amounts of hygrophila, which is not included in the treatment program. The Fuch's Park pond will be checked each month with floating debris removed. This will be billed at an hourly rate. Submersed debris will be removed if we can physically lift it up from shore. Trash and boating debris removal from the canals will be scheduled quarterly. This will also be on an hourly rate. I would expect the following hours for each area: Fuch's Park- 1 to 1.5 hours /month @ $48,00 /hour= $864.00 annually Canals- 20 -24 hours /quarterly c@ $48.00 /hour $4608.00 annually Additional trash and debris removal would be available at the same rate. We will need a spot to off load the debris after collection. If you should have any questions please feel free to =11 me at anytime at 1 -800- 683 -5253. Sincerely, Robert S. Box Regional Manager RSB /tmn Ft. Lauderdale Sarasota Jacksonville Largo Ft. Myers (9541565-7488 {941) 377 -0658 (904) 262 -5500 (727) 544 -7644 (941) 768.2277 1-800-683-5253 1- 800444 -5253 1- 800 - 398.5253 1. 800. 444 -5253 1-300- 444 -5 7 S3 Feb 04 00 01:236 Taleahe Nunez 9545644877 p.4 MIAMI -DARE COUNTY, FLORIDA I -DE I.,, M IAM ®� STEPHEN P CLARK CENTER GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION 111 NW 1 ST STREET SUITE 2350 February 3, 2000 MIAMI. FLORIDA 33128.1989 (3D5) 375.5289 Mr. Bob Box LAKE DOCTORS INC. (591 886601) 3434 N E 2nd Avenue Ft. Lauderdale, Fl. 33334 AWARD LETTER RE: BID NO.: BW6469 -0/01 Lake Maintenance Aquatic Weed Control Dear Mr. Box: This is to advise that your firm have been recommended by The Park & Recreation Department to do business with Miami -Dade County on the aforementioned Bid Waiver. This Bid Waiver was approved by Procurement Management on January 31, 2000. This award recommendation is contingent upon receipt of your Certificate of Insurance. Enclosed is a copy of the Indemnification and Insurance requirements. The Certificate must be submitted to the GSA /Procurement Management Division, Attention: Bids and Contracts Section, I I I NW 1 st Street, Suite 2350, Miami, Florida 33128 -1989, within fifteen (15) calendar days from date of this letter. We look forward to a fine business relationship with your company. If you should have any questions, please feel free to contact Alicia Varona at 305- 375 -4369. MIA DF Walter o Contract Com 1 a WF /AV Feb 04 00 01:23p Taleaha Nunez 8545644877 F•3 Fab-04-00 09:22A LAKE DOCTORS WS 1 407 327 7930 P-04 MIAMI-DADE COUNTY PURCHASE ORJEil --------------------------------------------------------------------- ------- PUR��HASK OBDER 11): AP9' 0000570 PN 114*11 1)ATK: 1, ? / ''7 /19 9 9 PACE ; 02 -------------------------------------------------------------------------------- I !,>IJMMAKY ACCOUNTING INFORMAT:ON (MIAMI LADE COUNTY USE ONT,li•j 3FX INDEX SUBQBJ USERCOOR PROJ(:T (-WAN"" AMOUNT -------- ------ ------- ------ ------ ------------_- ol PK �'K r.T4 9 9 0 15 112 906011 n4, 000.00 -------------- TOTAL ENCUMBRANCE 24 000.00 AUTHORIZED SIGNATWO-;: DATE: LA,T PlVikl Feb 04 00 01 :23p Taleaha Nunez 9545644877 p.2 Feb -04 -00 09:22A LAKE 0OCTORS WS 1 407 327 7930 P.03 MIAMI D/11)f' ('0tiVt'Y PURCHASE ORDER -- DELIVER TO' PAGE 01. 275 NW NJAST FILE COPY PURCIIASE IL�e AI'/27/199y0 3 F, I, MIAMI VENDOR IL): i')1HfiEifinl 1., /\Kih lJOC:.'POR.-i IN(., 3434 N.K. )Nl) AVENTTZ FT.LAUDERDALE !'t, 33334 DILL TO: DE:L'IV'iR i:±Y: 01/01/2000 FO TYPE: PO EXPR DATF; TFRMS NET 30 t }?0: POST DATE: 17/14/19954 F.C.E. POINT: V03 DESTINA TTE __- F`URNISH M1fiMl DACt. COUNTY WITH THE E'.LUW I N( _ s ----------------------- f FLCASE 0l,'. LMe) oR SERVI(.: ,sp- -W ---- ` LINE it C- MMMODTTY (.ODE QUANT?TY U/M UN fT CnST TOTAL nt�nl 9dfi -139 6.00 m(-) 4, {lU(). n0r')0 ---- 4, t) 1p.00 FEED ANU VEGKT ATTON CONTROL SKRVT(". -S °THI:1 1.`: A 111',,ANKET VC' FC)k I AKE TRCATMENT OF 14 1 AKES AND 1 VONI) 1.Ui'ATED IN THR, Ki;NDALE LAK..; , SPVC'IAL TAXING LII:;TR 1 C;T PER YOUR W1< I T'1' N PROPOSAL E2E�j. IJNI: SHIP / Al f-1, ADDR SHIP TO 1, Y ATION RQrA6000017 000 14 02 CARL,03 MAORA T111!7, PURCHA. ",K TW71,T_TDE'w, F,F :RVTCES FROM 12/14/99 TS�RCa 5P1-i1(lD DO(IUMENT TOTAL: � 4, V)0. 00 City of South Miami Police Department L ! To: Mayor and Commission From: Charles Scuff City Manager Date: March 10, 2000 Re: Agenda Item # Comm. Mtg. March 21, 2000 Purchase of Emergency Equipment for New Police Vehicles. REQUEST: The Police Department is requesting to purchase emergency equipment for the ten Ford 2000 Police vehicles leased in the 1999/2000 budget. This emergency equipment also has to be installed on to the vehicles and four old vehicles must have the emergency equipment removed. The equipment may be purchased from and installed by Law Enforcement Supply for an amount not to exceed $ 26,000.00. BACKGROUND AND ANALYSIS: The emergency equipment for the eight Ford Crown Victoria and two Ford Explorer police vehicles consist of Federal Signal: Vista lightbars, PA400 sirens, Dinomax 100 W. speakers, FA5 and FA6 flasher kits, littlelights, 3- outlet plugs, Pro Copper consoles and Pro -Gard cages. The installation of the equipment on the new vehicles and the removal of old equipment from four old vehicles is included. This emergency equipment provides for the safe and timely response of our police officers answering emergency calls for service. When a police vehicle is running in emergency mode, the emergency equipment alerts people in the area that an emergency vehicle is near by. This equipment provides for the safety of our police officers and citizens. The Police Department is requesting to purchase these items from Law Enforcement Supply Company, Inc. (awarded bid for City of Miami Beach, Bid number 98/99 -77) for an amount not to exceed $26,000.00, pursuant to the 1999 -2000 budget, from account 1910 - 521 -6430 (Operating Equipment). This account after the purchase and installation of the emergency equipment will have a balance of $42,948.00. RECOMMENDATION: I recommend approval of this expenditure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 14 25 26 27 29 30 31 32 33 34 35 36 37 0 ..720 39 40 41 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $26,000.00 TO LAW ENFORCEMENT SUPPLY COMPANY, INC. FOR THE PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT AND CHARGE THE FUNDS TO ACCOUNT NUMBER 1910-521-6430, (OPERATING EQUIPMENT). WHEREAS, the Police Department must respond to emergency calls for service as quickly and safely as possible, and, WHEREAS, the police vehicles must have emergency equipment to alert citizens of the of approaching emergency vehicles responding to emergency calls for service, and, WHEREAS, the safety of the police officers and citizens are of the up most importance, and, WHEREAS, Law Enforcement Supply Company, Inc. is providing the emergency equipment and it's installation under City of Miami Beach contract number 98/99-77. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to disburse a sum not to exceed the amount of $26,000.00 to Law Enforcement Supply Company, Inc. from the Operating Equipment account 1910-521-6430. Section 2, This Resolution shall become effective immediately upon its adoption hereof. PASSED AND ADOPTED this APPROVED: MAYOR READ AND APPROVED AS TO FORM day of 2000. ATTEST: CITY CLERK CITY ATTORNEY PLEASE FIND OUR QUOTE AS FOLLOWS TEN-----FEDERAL SIGNAL VISTA LI8HTBAR #X132H525A, 2 FAST ROTATORS, 2 STANDARD ROTATORS, 6-LAMP SIGNAL MASTER, SIGNAL MASTER CONTROL BOX , ALLEY LICHTS, 2 TAKEDOWNS, 2-FRONT FLASHERS, 2-REAR FLASHERS, INTERSECTION CLEARING LIGHTS, MOUNTING KIT, HOOK KIT AND SHIPPING INCLUDED -------------------------------------------------- $866.38 EACH TEN-----FEDERAL SIGNAL PA400SS ---------------------------- $358.15 EACH TEN-----FEDERAL 1I8NAL M6100-04(C.VIC.) 05(EXPLORER) ------ $128.33 EACH TEN-----FEDERAL 8I61'%-JAL FA5 FLASHER ........................ $36.75 EACH TEN-----FTDERAL SIGNAL FA6 FLASHER ------------------------ $36.75 EACH TEN--- --PRO COPPER CONSOLES CC2050'ARMREST,LIGHT,OUTLETS--$273.00 EACH TEN-----PRO GARD CAGES W/CENTER SLIDE WINDOW #2204--------$280.00 EACH TEN-----PRO GARD LOWER EXTENSION PANEL (OPTIONAL)---------$25.75 EACH \ �E WAR�ANT OUR INSTALLATIONS FOR THE WARRANTY OF PRODUCT INSTALLED. __________________ SOUTH MIAMI POLICE DEPARTMEN'T" 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 Attn: CAPT SALERNO _ ..... .... ______ THIS QUOTE IS VALID FOR 30 DAYS UNLESS AN EXTENSION IS AUTHORIZED. PLEASE FIND OUR QUOTE AS FOLLOWS �HANK YOU FOR YOUR CO14TINUIN8 BUSI THIS QUOTE IS AUTHORIZED BY p N Lo's i?,S'$O lcm 8 9 9 low N► !9 e9 U! c?NNgt�:t�.g G�000 �illiftitZfO��C�t�ttW) LC) 4OtiL tMN�f t�O 1nti�yQ C wNciC46r` C4Nn n.1��CAtAA NrN Nr Nr'QQ'� re-rrre- T-0T- V-V- NN0 Ao*9M0fei9f9 49, tN4A404& 4h W w40tooa0004* 0 d ow 44). 0 Nlt9 W a v to L H ao 05 t?�a 2f o fL a Q _ �aS' —°` m A m 'o c = cc el- a�0a� S LL r m ccc33 a C.) Y o ov a= � '�U.) �f$U m m c c S to camod�'p Co IL =r 3vm�� t 3 �mm Q ox Xjx._ m� t to12$o fmm ! >E Al ,E rt o 0 J � Am_.0 !i50vto COD V T ___ _ ___ ccco__ coo _cacE_t_R6s?�74cgS wo,3 bZA Zt aa_c1.- Aar.___ ' �f uea� +nd gyp: �Q ?uaS CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3117100 AGENDA ITEM 9–L—O FROM: Charles D. Scurr Comm. Mtg. 3/21/00 City Manager Selection of Consultants REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SELECTION OF CONSULTANTS; PROVIDING FOR PUBLIC RECORD BY VIDEO TAPING PRESENTATIONS ON RFP'S AND RFQ'S; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Commissioner Wiscombe provides for the establishment of a policy whereby presentations made by consultants before a selection committee is video taped, thus creating a public record. This initiative would be the guiding principle by which presentations on City sponsored RFPs and RFQs are to be had before a recommending entity to the City Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SELECTION OF CONSULTANTS; PROVIDING FOR VIDEO TAPING PRESENTATIONS ON RFP' S AND RFQ' S; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the importance of conducting City business in a constructive and ethical environment; and WHEREAS, the Mayor and City Commission wish to expound upon the City's commitment to "excellence, integrity, and inclusion" by establishing as a guiding principle by which presentations on City initiated RFP's and RFQ's are to be had before a recommending entity to the City Commission; and WHEREAS, to alleviate the perception of biases it is this Commission's desire to have all presentations being made by developers, groups, consultants or individuals in response to an RFP and RFQ videotaped, thus creating a public record. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. A policy is hereby established whereby all presentations in response to a City of South Miami RFP and RFQ being made before a recommending entity to the City Commission are videotaped. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 52000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by everstr- iking. CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission Date: March 2, 2000 FROM: Charles Scurr Re: Agenda Item # City Manager Comm. Mtg. Mar 21, 2000 Ordinance deleting obsolete codes. REQUEST Deletion of Sections 15 -1 through 15 -3 of the Code of Ordinances of the City of South Miami. BACKGROLTND AND ANALYSIS The three cited sections deal with regulations for aircraft flying and landing in the City. Enacted almost 50 years ago, these ordinances are obsolete and the activities prohibited are more strictly regulated by Federal Statutes. RECOMMENDATION Your approval is recommended. CS/FG /sh I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION 5 OF SECTION 15-1, AIRCRAFT—MINIMUM ALTITUDE; SECTION 15- 6 2, SAME—STUNT OR ACROBATIC FLYING, AND SECTION 15-3, 7 SAME-TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF 8 THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 10 11 WHEREAS, Sections 15-1 through 15-3 of the City Code of Ordinances regulates 12 aircraft flying over and taking off or landing within the City; and, 13 14 WHEREAS, all of these actions are governed as strictly or more strictly under the 15 Federal Aviation Administration's Federal Air Regulations part 91; and 16 17 WHEREAS, the City Commission has expressed their desire to have the City's 18 Code of Ordinances brought up to date by deleting obsolete material; and 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1. Section 15-1 through 15-3 of the Code of Ordinances of the City of 24 South Miami currently reads as follows: 25 26 Section 15-1 Aircraft -Minimum altitude. 27 28 It shall be unlawful for any person to fly or cause to be flown any airplane or 29 other heavier-than-air aircraft or lighter-than-air aircraft at an altitude of less than one 30 thousand (1,000) feet over the city or within the jurisdictional boundaries of the city 31 except when in the process of taking off or when in the process of landing at airports 32 which are entirely within or partially within the jurisdictional boundaries of the City. 33 (Ord. 297,4-20-54) 34 35 Section 15-2 Same-Stunt or acrobatic flying. 36 37 It shall be unlawful for any person engaged in flying an airplane or other 38 heavier-than-air aircraft or lighter-than-air aircraft over the city within its jurisdictional 39 boundaries to engage in any "stunt" or aerial acrobatics of any kind, (Ord. 297, 4-20-54) 40 41 42 Additinnq Anwn by iinderfininoand deletionz Chown by 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Section 15-3 Same-Training flights. It shall be unlawful for any person to fly any airplane or other heavier-than- air aircraft or lighter-than-air aircraft over the city or within its jurisdictional boundaries, except when in the process of taking off or when in the process of landing at airports which are partially or wholly situated within the city limits of the city, when such airplane or aircraft are being used for the purpose of training or giving and receiving lessons in the use and the flying of such aircraft. (Ord. 297, 4-20-54) Section 2. The City Commission hereby amends Section 15 to delete Sections 15-1 through 15-3. 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 be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2000. ATTEST: CITY CLERK I" Reading — 2" d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additinnq diown by iindeflinino anti delehmq qbnwn by nA,Arq"riqP ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION OF SECTION 15-1, AIRCRAFT—MINIMUM ALTITUDE; SECTION 15- 2, SAME—STUNT OR ACROBATIC FLYING, AND SECTION 15-3, SAME-TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Sections 15-1 through 15-3 of the City Code of Ordinances regulates aircraft flying over and taking off or landing within the City; and, WHEREAS, all of these actions are governed as strictly or more strictly under the Federal Aviation Administration's Federal Air Regulations part 91; and WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up to date by deleting obsolete material; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15-1 through 15-3 of the Code of Ordinances of the City of South Miami currently reads as follows: Section 15-1 Aircraft-Minimum altitude. It shall be unlawful for any person to fly or cause to be flown any airplane or other heavier-than-air aircraft or lighter-than-air aircraft at an altitude of less than one thousand (1,000) feet over the city or within the jurisdictional boundaries of the city except when in the process of taking off or when in the process of landing at airports which are entirely within or partially within the jurisdictional boundaries of the City. (Ord. 297, 4-20-54) Section 15-2 Same-Stunt or acrobatic flying. It shall be unlawful for any person engaged in flying an airplane or other heavier-than-air aircraft or lighter-than-air aircraft over the city within its jurisdictional boundaries to engage in any "stunt" or aerial acrobatics of any kind. (Ord. 297, 4-20-54) AdditinmC qbnwn by iinderfininonnd deletinin-, Gown by PA*wqtQr4nQ, Section 15-3 Same-Training flights. It shall be unlawful for any person to fly any airplane or other heavier-than- air aircraft or lighter-than-air aircraft over the city or within its jurisdictional boundaries, except when in the process of taking off or when in the process of landing at airports which are partially or wholly situated within the city limits of the city, when such airplane or aircraft are being used for the purpose of training or giving and receiving lessons in the use and the flying of such aircraft. (Ord. 297, 4-20-54) Section 2. The City Commission hereby amends Section 15 to delete Sections 15-1 through 15-3. 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 be effective immediately after the adoption hereof PASSED AND ADOPTED this day of 2000, ATTEST: CITY CLERK I" Reading — 2nd Reading — CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Addifinm qhnun by underli-nino and delehnn.q -,bnwn by A;rowQ"rina SOUTH MIAMI POLICE DEPARTMENT INTER- DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: March 13, 2000 FROM: Charles Scurr, RE: Agenda Item # /ZP City Manager Y400; Commission Meeting 3/21/00, Deletion Section 15 -67, Code of Ordinances Request Deletion of Section 15 -67 of the Code of Ordinances of the City of South Miami. Background and Analysis The cited section deals with railroad trains obstructing roadways for extended periods of time. There are no crossings within South Miami's jurisdiction. The section is obsolete. Recommendation Your approval is recommended. CS /esw I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO DELETING 5 SECTION 15-67 TRAINS OBSTRUCTING STREETS; MAXIMUM 6 TIME ALLOWABLE; PENALTY; PROVIDING FOR SEVERABILITY, 7 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 8 9 WHEREAS, Section 15-67 of the City Code of Ordinances establishes maximum 10 times for a train to obstruct traffic at the intersection of a street and a railroad track; and 11 12 WHEREAS, no such crossings exist within the corporate limits of the City of the 13 South Miami; and 14 is WHEREAS, the Mayor and City Commission has expressed their desire to have 16 the City's Code of Ordinances brought up to date by deleting obsolete material; and 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1. Section 15-67 of the Code of Ordinances of the City of South Miami 22 currently reads as follows: 23 24 Section 15-67 Trains obstructing streets; maximum time allowable; penalty. 25 26 No locomotive or train of cars shall be allowed to obstruct any street or crossing 27 in the city for a longer time than five (5) minutes, and any person having charge of such 28 locomotive or train permitting the same to remain for a greater length of time than the 29 above, shall be punished as provided in section 1-8 of this Code, (Code 1926, 102) 30 31 Section 2. The City Commission hereby amends Section 15 to delete Section 32 15-67. 33 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 34 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 35 shall not affect the validity of the remaining portions of this ordinance. 36 37 Section 4. All ordinances or parts of ordinances in conflict with the provisions 38 of this ordinance are repealed. 39 40 41 42 Additianc Oinwn by iinderfininp, and dale inns shown by 43 44 45 Section 5. This ordinance shall take effect immediately after the adoption 46 hereof. 47 48 PASSED AND ADOPTED this 49 50 ATTEST: 51 52 53 CITY CLERK 54 55 1St Reading -- 56 2d Reading — 57 day of APPROVED: MAYOR 58 READ AND APPROVED AS TO FORM: 59 60 61 CITY ATTORNEY 62 63 COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Addition-, %hown by iinderlinino and deletiang.-zhown by Avw4uJa4w- § 15 -67 OFFENSES AND MISCELLANEOUS PROVISIONS § 15.69 Sec. 15-67. Trains obstructing streets; maximum time allow- able; penalty. No locomotive or train of cars shall be allowed to obstruct any street or crossing in the city for a longer time than five (5) minutes, and any person having charge of such locomotive or train permitting the same to remain for a greater length of time than the above, shall be punished as provided in section 1 -8 of this Code. (Code 1926, § 102) Sec. 15-68. Unnatural and lascivious act. It shall be unlawful in the city for any person to commit any unnatural or lascivious act with another. (Ord. 297, 4- 20 -54) State law reference — Unnatural and lascivious acts pr- '.-ibited, § 800.02, Florida Statutes. Sec. 15 -69. Vagrancy. It shall be unlawful for any person to be found within the city who has no visible means of support; or who lives idly without lawful employment; or who wanders about the streets or other public places, either by day or night; or who does not have a known place of residence or abode; or who is found begging; or who for the purpose of gain travels over the city begging; or who loiters about alcoholic beverage establish- Supp. No. 47 224.1 { t 9 From: Charles D. Scurr City Manager REQUEST: Agenda Item# Re: Comm. Mtg.3 1/ 0 LDC Amendment: Nonconforming Use AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SUBPARAGRAPH (A)(6) OF SECTION 20 -4.8 ENTITLED, "NONCONFORMING USES AND STRUCURES" IN ORDER TO REMOVE THE SIX(6) MONTH PERIOD DURING WHICH A NONCONFIRMING USE MAY REMAIN VACANT WITHOUT LOSING ITS NONCONFORMING STATUS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The attached ordinance amends a section of the Land Development Code which sets forth a number of conditions allowing existing nonconforming uses and structures to continue or maintain their nonconforming status. One specific section,Sec.20 -4.8 (A)(6) provides that a nonconforming building or a use which remains vacant and unused for a continuous period of six (6) months can still maintain its nonconforming status. A basic objective of nonconforming regulations is to encourage the eventual elimination of a nonconforming use and compliance with current codes. Allowing for a nonconforming structure or use to continue even after the use has ceased or has been vacated, is not appropriate and is a disincentive for compliance with current regulations of the Land Development Code. In order to respond to the situation described above, an amendment to the Land Development Code is necessary. The amendment as shown in the attached ordinance would remove the phase "for a continuous period of six(6) months" from Sec.20- 4.8(A)(6). The instant a nonconforming building is vacated or the use ceases, all future uses would be required to comply with current LDC regulations applicable to the property. RECOMMENDATION: Approval on first reading and transmittal to the Planning Board for public hearing and recommendation. Attachment: Proposed Ordinance 1 ORDINANCE NO. 2 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING USES; AMENDING 7 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY 8 REVISING SUBPARAGRAPH (A)(6) OF SECTION 20 -4.8 ENTITLED, 9 "NONCONFORMING USES AND STRUCURES" IN ORDER TO REMOVE THE 10 SIX(6) MONTH PERIOD DURING WHICH A NONCONFIRMING USE MAY 11 REMAIN VACANT WITHOUT LOSING ITS NONCONFORMING STATUS; 12 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 17 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a 18 program to update, clarify, and improve the provisions of the City's Land Development Code; 19 and 20 21 WHEREAS, the South Miami Comprehensive Plan states that the City should eliminate uses 22 inconsistent with community character(Land Use Element, Goal 1, Objective 1.1); and 23 24 WHEREAS, the City's Land Development Code allows for nonconforming use of a property 25 to continue for a period of six (6) months after the nonconforming use has ceased or has been 26 vacated; and 27 28 WHEREAS, after review and consideration, the Planning and Zoning Department has 29 determined that allowing the continuation of nonconforming uses is inconsistent with the City's 30 Comprehensive Plan and a disincentive for compliance with current regulations of the Land 31 Development Code; and 32 33 WHEREAS, a specific amendment to Section 20- 4.8(A)(6) of the Land Development Code 34 has been prepared in order to remove the six(6) month period during which the nonconforming 35 status of a property may continue even if the use has ceased or has been vacated; and 36 37 WHEREAS, on, after Public Hearing regarding the proposed 38 amendment to, Section 20- 4.8(A)(6) of the Land Development Code, the Planning Board voted 39 _ to transmit the proposed amendment to the City Commission; and 40 41 WHEREAS, the City Commission desires to accept the recommendations of the Planning 42 Board and enact the aforesaid amendment. 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 48 49 2 Section 1 That Subparagraph (A)(6) of Section 20 -4.8, entitled, "Nonconforming uses and 3 structures" of the South Miami Land Development Code is hereby amended to read as follows: 4 5 Section 20 -4.8 Nonconforming uses and structures 6 (A) General Regulations 7 8 ( 6) If a N&-building or land, which has been used for a nonconforming use, becomes 9 wbich rerna vacant and unused for ° continuous period of six (6) m 10 whether or not fixtures are removed, said building or land shall may on1X an be 11 used €xee-pl in conformity with the regulations of the district in which such 12 building or land is located. For a multi -unit, multi - tenant land or building which 13 constitutes a nonconforming use, vacancy of one (1) or more units shall have no 14 effect on the rights of the property owner under this section, unless seventy -five 15 (75) percent or more of the gross floor area shall ain becomes vacant and 16 unused f^ than ,.1 six (6) months, after- . io per the vacant portion shall 17 not again be used for a nonconforming purpose and the remaining portions of the 18 land or structure shall be brought into conforming use within three (3) years. 19 20 21 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 22 ordinance are hereby repealed. 23 24 Section 3 The provisions of this ordinance shall supercede any ordinance or parts of 25 ordinances which are inconsistent with the provisions contained herein. 26 27 Section 4 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, this holding shall not affect the 29 validity of the remaining portions of this ordinance. 30 31 Section 5 This ordinance shall take effect immediately at the time of its passage. 32 33 PASSED AND ADOPTED this day of , 2000 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 Commission Vote: 40 READ AND APPROVED AS TO FORM: Mayor Robaina: 41 Vice Mayor Feliu 42 Commissioner Bethel: 43 Commissioner Russell 44 Commissioner Wiscombe: 45 CITY ATTORNEY 46 47 48 NOTE: New wording underlined; wording to be removed indicated by strike - through - MEIN= CITY OF SOUTH MIAMI V7INTER - OFFICE MEMORANDUM To: Mayor and City Commission Charles Scurf, City Manager Ronetta Taylor, City Clerk From: Earl G. Gallop Date: March 16, 2000 Re: Proposed amen ment to lobbyist ordinance Subject: The proposed amendment updates Sec. 8A -5, entitled "Lobbyists; registration and reporting, exemptions," of the city code and repeals Sec. 8A -6, entitled "Penalty for violation of chapter." Discussion: The city's ordinance regulating lobbyist was adopted in 1969 and last updated in 1986. It is in need of updating. The purpose of the proposed amendment is to strengthen lobbyist reporting and disclosure requirements so that city officials, candidates, staff and the public may know who is doing business with the city or seeking to influence legislation. This amendment continues the city commission's commitment to strengthening standards of conduct pertaining to actions by city officials and persons seeking to do business with the city. The objective of the proposed amendment is to require disclosures by lobbyists to identify their clients, the subjects that they have been hired to lobby, city officials who will be, or have been lobbied, and the amounts and objects of expenditures. The scope of the ordinance includes city and all city boards, committees and agencies, including the South Miami Community Redevelopment Agency and the Health Facilities Authority. The ordinance applies to everyone who is retained (whether paid or not) to represent a business entity or organization to influence city action. City action is broadly described to include virtually all legislative, quasi-judicial and administrative action by the city, including the ranking and selection of professional consultants. It does not apply to persons who appear on behalf of not - for - profit organizations (Elks, American Legion), homeowners associations (CSM HOA), local chamber of commerce and merchants associations (Chamber South, Red Sunset Merchants Ass'n.), and trade associations and unions (PBA, AFSCME). It also excludes persons who speak on their own behalf without compensation (Mr. Tucker), persons who are requested to appear before the commission, or any board, committee or agency, persons who are compelled to appear (under subpoena from code enforcement board) and attorney's hired to represent persons who are requested or compelled to appear, persons who appear in connection with a contract they have with the city, and expert witnesses. Please note, however, an attorney representing a person in a quasi-judicial proceeding is required under this version, but was not required under the former version, to register as a lobbyist and pay a $125 fee. Lobbyist must file with the city clerk, disclose who they represent, the subject they have been hired to lobby, and city officials they will contact. They must file an annual report identifying how much they spent, and on what (meals, etc.,) and the city official on whom they made the expenditure. Violations of requirements of the ordinance will enforced by the Miami -Dade County Commission on Ethics and Public Trust, which can issue public reprimands and determine fines ($250 first offense, $500 second and further offences). Contracts that are entered into with the city where a violation has occurred are voidable. The city commission can debar the principal and the lobbyist for lobbying in the city, and from contracting with the city, when there have been three violations. Recommendation: Approve the ordinance on 1St reading and schedule 2nd reading and public hearing. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; 6 REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY 7 OF SOUTH MIAMI CODE; REQUIRING REGISTRATION AND 8 DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 9 8A -6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER," 10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, I 1 AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami seek to 15 protect the elected and appointed city officials and city employees from the appearance 16 of, or actual, favoritism, corruption, or other impropriety in their consideration of 17 ordinances and resolutions, decisions in quasi-judicial proceedings, selection of 18 consultants, awarding of contracts and other city business; and 19 20 WHEREAS, the Mayor and City Commission have enacted legislation relating to 21 conflict of interest, ethics and limitations on campaign financing to strengthen the 22 standards of conduct pertaining to actions by city officials, candidates for public office, 23 city employees and persons doing business with the city; and 24 25 WHEREAS, the Mayor and City Commission now seek to strengthen the 26 reporting and disclosure requirements for all lobbyists so that city officials, staff and the 27 public may know who is doing business with the city or seeking to influence legislation; 28 and 29 30 WHEREAS, the Mayor and City Commission desire to amend Section 8A -5, et 3I seq. of the City of South Miami Code of Ordinances to accomplish an important public 32 purpose. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. Section 8A -5, entitled "Lobbyists; registration and reporting, 38 exemptions" of the City of South Miami code is to read: 39 40 Sec. 8A -5. Lobbyists; registration, reporting, fees, exemptions, 41 expenditures, and penalties. 42 1 2 3 4 5 6 7 8 (a) (b) U This section shall be known as the City of South Miami Lobbyist Registration Ordinance. Definitions. For the purposes of this section, the following terms shall have the definitions contained herein: Lobbyist means all natural persons, unincorporated associations, or business entities employed or retained, whether paid or not, by a principal who seeks 9 to encourage the passage, defeat, or modification of any of the following_ 10 G) ordinance, resolution, action, or decision of the city commission, the 1 i mayor, or any commissioner; (ii) action, decision, or recommendation of 12 any city board, committee, or agency, including without limitation, the 13 governing and advisory boards of the South Miami Community 14 Redevelopment Agency and the Health Facility Authority; or (iii) action, 15 decision or recommendation of the city manager, deputy, assistant, or 16 assistant to the city manager, department heads, division heads, city 17 attorney, assistant city attorney (except when such personnel are acting in 18 connection with quasi-judicial or administrative hearings) during the time 19 period of the entire decision- making process on an action, decision or 20 recommendation which foreseeably will be heard or reviewed by the it 21 commission, or a city board, committee, or agency. "Lobbyists" 22 specifically includes the principal, as well as any agent, attorney, officer or 23 employee of a principal, regardless of whether lobbying activities fall 24 within the normal scoae of emnlovment of the agent_ attorney officer or 25 employee. "Lobbyist" shall exclude any person who only appears as a 26 representative of a not for profit corporation or entity (such as a charitable 27 organization, neighborhood or homeowners association, local chamber of 28 commerce, trade association, or trade union), without special compensation 29 or reimbursement for the appearance whether direct, or contingent, 30 to express support of or opposition to any item. , 31 32 legisl4ion or administrative aetion before th ion, boards-, 33 eommittees of administration of the City of South -.NA-ifflffl.i. 34 35 (2) Principal means the natural person, firm, corporation or other entity that 36 has employed or retained a lobbyist. 37 38 (c) (1) Registration and filing requirements. All lobbyists shall before 39 engaging in any lobbying activities, register with the clerk. Every person 40 required to register shall register on forms prepared by the clerk pay a 41 registration fee as specified in appendix A and state under oath: 42 43 (i) name; Additions shown by underlining and deletions shown by overg: 2 I (ii) business address; 2 (iii) the name and business address of each person or entity, within the 3 preceding five years, for whom the lobbyist was employed- 4 (iv) the commissioner or personnel sought to be lobbied; and 5 (v) the specific issue on which the lobbyist has been employed to lobby. 7 (2) Change or modification of information. Any change to any 8 information originally _ filed, or any additional city commissioner or 9 personnel who are also sought to be lobbied shall require the lobbyist to file 10 an amendment to the registration forms, although no additional fee shall be 11 required for such amendment. The lobbyist has a continuing duty to supply 12 information and amend the forms filed throughout the period for which the 13 lobbying occurs. 14 15 (3) Disclosure. If the lobbyist represents a corporation, partnership or 16 trust, the chief officer, partner or beneficiary shall also be identified. 17 Without limiting the foregoing, the lobbyist shall also identify all persons 18 holding g irectly or indirectly, a 10% or more ownership interest in the 19 corporation, partnership or trust. 20 21 (4) Separate registration requirements. Separate registration shall be 22 required for each principal represented on each specific issue. The issue 23 shall be described with as much detail as is practical, including but not 24 limited to a specific description where applicable of a pending request for a 25 proposal, invitation to bid, or public hearing item. The city clerk shall 26 reject any registration statement that does not provide a description of the 27 specific issue on which the lobbyist has been employed. 28 2 -9 (5) Each person who withdraws as a lobbyist for a particular client shall 30 file an appropriate notice of withdrawal. 31 32 (6) Fees. Each lobbyists shall pay a registration fee, as required in 33 subsection (c)(1). In addition, all lobbyist must register prior to October 1 34 of every year; and the fee shall be as specified in appendix A. The 35 registration fees required in this chapter shall be deposited by the city clerk 36 into a separate account and shall be expended only to cover the costs 37 incurred in administering the provisions of this section. There shall be no 38 fee required for filing a notice of withdrawal, and the city manager shall 39 waive the registration fee upon a finding of financial hardship based upon 40 a sworn statement of the applicant. Prior to conducting any lobbying on a 41 matter, all lobbyists must file a form with the city clerk signed by the 42 principal or the principal's representative, stating that the lobbyist is 43 authorized to represent the principal. Any person who only appears as a Additions shown by underlining and deletions shown by over-striking. 3 I representative of a nonprofit corporation or entity (such as a charitable 2 organization, neighborhood or homeowner association, local chamber of 3 commerce trade association or trade union) without special compensation 4 or reimbursement for the appearance, whether direct, indirect, or 5 contingent to express support or opposition to any item, shall not be 6 required to register with the city clerk as required by this subsection. 7 Copies of registration forms shall be furnished to each commissioner or 8 other personnel named on the forms. 9 10 (7) Disclosure and appearance of impropriety. In addition to the matters 11 addressed above, every registrant shall be required to state the extent of any 12 business, financial, familial or professional relationship, or other 13 relationship giving rise to an appearance of an impropriety, with the mayor, 14 any city commissioner, or personnel who is sought to be lobbied as 15 identified on the lobbyist registration form filed. in 17 (8) Duty of the city commission, boards, committees, agencies, and 18 employees All members of the city commission and all city personnel, 19 including all board, committee and agency members, shall be diligent to 20 ascertain whether persons required to register pursuant to this section have 21 complied with the requirements of this division. The mayor, 22 commissioners, board, committee and agency members, and city personnel 23 may not knowingly permit themselves to be lobbied by a person who is not 24 registered pursuant to this section. 25 26 (9) All covered city officials, personnel, and members shall maintain 27 signed sign-in logs for all meetings with lobbyists. 28 1 29 Any per-son No M °1�I1N It r-em nef + N o mpe do fof tR ees a r. 30 a lobbyist before ae4vities to influence passage of legislatio.n. 31 of administf4ive + the Citter � cout Miami shall fegister- with eit 32 eler-k on forms pro de for- a tio i i N shall state nd r A +� 33 , address and the name and business address of each pr-ineip 34 repr-eset#ed and the general and specifie afeas of legislative interest:. 35 Se atefegistr-ation is required for- represented. Thew 36 r-egistfation shall also state any difeet b )eiation with my me 37 of the ^;+ eommissioN board, ammittee or offieef c. employee of the eity. 38 39 (d) List of expenditures. 40 41 (1) On October 1 of each year, lobbyists shall submit to the city clerk a 42 signed statement under oath, as provided by the clerk, listing all lobbying 43 expenditures in the city for the preceding calendar year. A statement shall Additions shown by underlining and deletions shown by ^v°r g 4 I be filed even if there have been no expenditures during the reporting period. 2 The statement shall list in detail each expenditure by category, including 3 food and beverage, entertainment, research, communication, media 4 advertising, publications, travel, lodging and special events and shall 5 identify the city officials, personnel, and members upon whom the 6 expenditures were made. 7 8 (2) The city clerk shall notify any lobbyist who fails to timely file an 9 expenditure report. In addition to any other penalties which ma_y be 10 imposed under this chapter, a fine of fifty dollars $50.00) per day shall be 11 assessed for reports fled after the October 1St due date. 12 13 (3) The city clerk shall notify the Miami -Dade County Commission on 14 Ethics and Public Trust of the failure of a lobbyist to file a report and /or 15 pay the assessed fines after notification. 16 -^ 17 (4) A lobbyist may appeal a fine and may request a hearing before the 18 Miami -Dade Commission on Ethics and Public Trust. A request for a 19 hearing on the fine must be filed with the Miami -Dade Commission on 20 Ethics and Public Trust within fifteen (15) calendars days of receipt of the 21 notification of the failure to file the required disclosure form. The Miami - 22 Dade Commission on Ethics and Public Trust shall have the authority to 23 waive the fine, in whole or in part, based on eood cause shown. AW • befefe the eity e ; employee Pufpese Of aftemptifig to ififliieflee legislation -Of i 29 the pttfpose of stieh expenditufe. Stieh fofms shall be filed with the eity 30 eler-k no 32 (e) Exceptions to registration. The following persons will be exempt from the provisions of • 35 (1) Any person who only ppears in his or her individual capacity at a 36 public hearing before the city commission, board committee agency 37 meeting, and has no other communication with the city personnel for the 38 purpose of self - representation without compensation or reimbursement, 39 whether direct, indirect, or contingent, to express support of or opposition 40 to any item, shall not be required to register as a lobbyist including but not 41 limited to those who are members of homeowners or neighborhood 42 associations. All speakers shall, however, sign -in on forms available at the 43 public hearing or meeting. Additionally, any person or representative of a Additions shown by underlining and deletions shown by o:efst:iking. 5 1 business entity requested to appear before any city commission, or board, 2 committee, or agency meeting, or any person or representative compelled to 3 answer for or appealing a code violation, or any administrative hearing 4 shall not be required to register, nor shall any agent, attorney, officer or 5 employee of the person. Any who fn -ely °NpeaNs before ll`llllt ill` 6 > eommittees or officefs and employees of the eit�, 7 the pWose ^� r „N on l while attempting to ififlueffee 8 _1 1 9 N °Y- Y °N do or in her- individual capacity fishes to express JUHpo ft or- 10 11 12 13 (2) Any public officer, employee or appointee or any person or entity in 14 contractual privity with the city who only ppears in his or her official 15 capacity shall not be required to register as a lobby Any m °m" °N oft,° 16 Florida R who is representing wee n elient ;,, n n,i�c�; ;,, dieia or- a ministf t 1 � 17 pfoeeeding befoFe the eit�, or who is mandated by state law to fepfesenl -a 18 efient in sueh pfoeeedings shall not be required to fegister of FepoA as a- 19 lobbyist undo f this section. 20 21 (3) Any person appearing as an expert witness called in proceedings 22 before the commission, any board or a committee or the administration of 23 the city who presents testimony in support of a position or explaining such 24 position. 25 26 (e) Penalties. 27 28 (1) Violations of this section may be determined by the Miami -Dade 29 County Commission on Ethics and Public Trust. A finding by 30 commission that a person has violated this chapter shall subject the person 31 to those penalties set forth in § 2 -11.1 of the Metropolitan Dade County 32 Code. The penalties include admonition, public reprimand, and fines, as 33 well as prohibitions from registering as a lobbyist or engaging in lobbying 34 activities before the city. 36 (2) Additionally, the city commission may debar a bidder or proposer 37 from lobbying activities in the city, and from entering into contracts with 38 the city, or any agency or authority of the city when the bidder or proposer 39 either directly or indirectly, on three or more occasions, has been found to 40 have violated the lobbyist provisions of this section. As used herein, a 41 "direct violation" shall mean a violation committed by the bidder or 42 proposer and an "indirect violation" shall mean a violation committed by a 43 lobbyist presenting said bidder or proposer. A contract entered into in Additions shown by underlining and deletions shown by evef g 6 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 violation of this section shall render the contract voidable. The city manager shall include the provisions of this section in all city bid documents, RFPs and RFQs, provided, however, that failure to do so shall not render any contract voidable. (3) Except as otherwise provided in subsection (f)(1), the validity of any action or determination of the city commission, board, committee, or agency shall not be affected by the failure of any person to comply with the provisions of this section. Section 2. Section 8A -6, entitled "Penalty for violation of chapter," is repealed. .:: .: Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be included in the Code of Ordinances. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. This ordinance shall take effect immediately upon approved. Additions shown by underlining and deletions shown by t +i 7 OWN 1��Jjjffil 1111 NOW :• .:: .: 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. This ordinance shall be included in the Code of Ordinances. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. This ordinance shall take effect immediately upon approved. Additions shown by underlining and deletions shown by t +i 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY \ \Dell 6100\Documents \City of South Miami \0022 - 001 \2747.doc FENNO "IT a] 03 u • IM 1st Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ^v°r g. 1 2 3 4 5 6 7 Appendix A Description Annual registration fee due October 1 st Daily late fee after October 1St deadline Amount $125.00 $ 50.00 Additions shown by underlining and deletions shown by ever g. 0 1 DRAFT 2 City of South Miami 3 Regular City Commission Minutes 4 March 7, 2000 5 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami, Florida met 9 in regular session on Tuesday, March 7, 2000 beginning at 7:30 10 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call: 13 The following members of the City Commission were present, 14 Mayor Julio Robaina, Vice Mayor Horace G. Feliu, Commissioners 15 Mary Scott Russell, David D. Bethel and Randy G. Wiscombe. 16 17 Also in attendance were, City Manager Charles D. Scurr, 18 Assistant City Manager Subrata Basu, City Attorney Earl G. Gallop 19 and City Clerk Ronetta Taylor. 20 21 B. Invocation: 22 Reverend Dale Young of Hope Lutheran Church delivered the 23 Invocation. 24 25 C. Pledge of Allegiance: 26 The Pledge of Allegiance was lead by Troupe #599 from West 27 Kendall. 28 29 D. Presentations) 30 "Certificate of Appreciation" - J.A. Enderle 31 Mr. Enderle was not present for this presentation. 32 33 Assistant Chief Mills introduced newly sworn Police Officers 34 Sawyer and Jackson. 35 36 Ms. Pascha S. Donaldson, a representative from J.R.E. Lee 37 Opportunity School appeared before the City Commission to solicit 38 participation in a partnership whereby volunteers were needed for 39 reading and mentoring. 40 41 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 42 43 1. Approval of Minutes 44 February 9, 2000 - Special City Commission Minutes 45 Moved by Commissioner Russell, seconded by Commissioner 46 Bethel to approve the minutes as presented. 47 48 There, being no discussion motion passed by a 5 -0 vote. 49 50 Commissioner Wiscombe: Yea REGULAR CITY COMMISSION 1 Minutes - March 7, 2000 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 Commissioner Russell: Yea Vice Mayor Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea February 15, 2000 - Regular City Commission Minutes Moved by Commissioner Russell, seconded by Commissioner Bethel to approve the minutes as presented. There, being no discussion motion passed by a 5 -0 vote. Commissioner Russell: Yea Vice Mayor Feliu: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea Mayor Robaina: Yea 2. City Manager's Report Mr. Ron Robinson, President of the Coral Gables Chamber of Commerce appeared before the City Commission to solicit support for the adoption of the Mode of Business Ethics resolution on tonight's agenda. Mr. Tom Schneider, VP of the Simon Property Group appeared before the City Commission and provided a visual presentation on the progress being made with the Shops At Sunset Place. Mayor Robaina thanked Mr. Schneider for this presentation and recommended encouraging the SHOPS' owners to hire South Miami youth. Commissioners Russell and Wiscombe expressed concern with the youth gathering at the Banyan Court entrance to the Shops At Sunset Place and asked if measures could be taken to discourage this type of activity. Commissioner Bethel suggested soliciting retail establishment that would attract African American shoppers. Vice Mayor Feliu suggested giving the Banyan Court entrance a more open and friendly appearance. Manager Scurr provided a report on the following items: l) 2) Women Build III project; 3) Town Hall Meeting which Commissioner Russell further expounded on; 4) Dade Days April 5 &6, which prompted a request on tonight's agenda to change the City Commission from April 4th to April 11th; 5) Administration's walking tour; 6) Shaw PUD [dedication of easement]; 7) Murray Park Phase Two update. This item is being addressed on tonight's agenda; 8) Grant for Trust to Safe Neighborhood Parks; 9) Noise at Elks Lodge and Mark Light Stadium; 10) demolition of Pink House scheduled for March 13th; 11) Square Diehl Apartments; 12) REGULAR CITY COMMISSION 2 Minutes - March 7, 2000 1 Davis Gardens Apartment; 13) the City's recycling efforts; 14) 2 Teen Pregnancy Prevention Contract. 3 4 Mayor Robaina asked administration to review and respond to 5 the following: 1) acquiring the property located at 7800 SW 59th 6 Avenue a possible open space park; 2) purchase street signs for 7 South Miami Pioneers; 3) Traffic along Red Road and ,84th Street; 8 4) Garage Sales; 5) traffic situation along Red Road near the 9 Mobil Gas Station and the KFC. 10 11 Commissioner Wiscombe suggested installing a fountain in the 12 pond at Fuchs Park. 13 14 Commissioner Russell asked administration to look into 15 adding cardboard material to the recyclable items list. She 16 brought up the issue of speeding along 70th Street and related 17 that she's not seen any police presence there during the morning 18 hours. She said 57th Avenue on Coral Gables side needed better 19 nighttime illumination. She commended the police department on 20 the 1999 Crime Statistics. 21 22 After there were no other comments or questions for the City 23 Manager this report was concluded. 24 25 3. City Attorney's Report 26 Attorney Gallop reported that the final Co was issued to the 27 Shops At Sunset Place. Administration has been promised that the 28 empty storefronts along Sunset Drive would be enhanced. He 29 reported that he is working on modernizing the lobbying ordinance 30 and a proposal regarding campaign finance. He related the 31 process being made on the Jackson Junk Yard lien. He reported on 32 the progress being made with the Mike's Tire Gas Station issue 33 and said that administration would probably be recommending an 34 amendment to the Land Development Code to deal with this type of 35 situation. 36 37 Attorney Gallop further reported on the progress being made 38 with the noise problem at Mark Light Stadium. 39 40 Attorney Gallop also reported that he'd given a deposition 41 in the Wascura case. 42 43 Vice Mayor Feliu directed administration to incorporate the 44 following language into resolutions dealing with new developments 45 that required City approval "applicant is encouraged by the City 46 of South Miami to train if necessary and to hire residents of the 47 City to work at applicant's business." 48 49 After there were no further comments or questions for the 50 City Attorney this report was concluded. 51 52 Commissioner Russell removed Item Nos. four and ten from the 53 Consent Agenda. REGULAR CITY COMMISSION 3 Minutes - March 7, 2000 1 CONSENT AGENDA 2 3 RESOLUTION NO. 50 -00 -10943 4 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S 6 FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP 7 FIGUEREDO, P.A., IN THE AMOUNT OF $10,237.29 CHARGING 8 $619.90 TO ACCOUNT NO. 1500 -514- 3435, CONSULTING -REAL 9 PROPERTY /FORECLOSURE, CHARGING $2,952.51 TO ACCOUNT NO. 10 608 - 1910 - 521 - 3100, - PROFESSIONAL SERVICES, AND CHARGING 11 THE REMAINDER TO ACCOUNT NO. 1500- 514 -3410, LEGAL 12 SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. 13 14 RESOLUTION NO. 51 -00 -10944 15 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATIONAL 17 COMMITTEE; APPOINTING MR. WILLIAM J. KINNEY TO SERVE 18 FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A 19 SUCCESSOR IS DULY APPOINTED AND QUALIFIED. 20 (Mayor Robaina) 3/5 21 22 RESOLUTION NO. 52 -00 -10945 23 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY 25 RELATIONS BOARD; APPOINTING MR. CARLOS CASTELLANOS TO 26 SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL 27 A SUCCESSOR I.S DULY APPOINTED AND QUALIFIED 28 (Mayor Robaina) 3/5 29 30 RESOLUTION NO. 53 -00 -10946 31 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 32 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING 33 BOARD; RE- APPOINTING MR. C. DAVID MORTON TO SERVE FOR A 34 TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR 35 IS DULY APPOINTED AND QUALIFIED 36 (Mayor Robaina) 3/5 37 38 RESOLUTION NO. 54 -00 -10947 39 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCHEDULING 41 THE CITY COMMISSION MEETING OF APRIL 4, 2000 TO APRIL 42 11, 2000; PROVIDING AN EFFECTIVE DATE. 43 3/5 44 RESOLUTION NO. 55 -00 -10948 45 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GOVERNMENT; 47 SUPPORTING "FLORIDA CITIZENSHIP AND LEADERSHIP DAY "; 48 PROVIDING AN EFFECTIVE DATE. 49 (Mayor Robaina) 3/5 50 REGULAR CITY COMMISSION 4 Minutes - March 7, 2000 1 RESOLUTION NO. 56 -00 -10949 2 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO EXTEND AN AGREEMENT WITH RECIO AND 5 ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER 6 CONTROL SERVICES ALONG THE US1 MEDIAN, SUNSET DRIVE 7 MEDIAN AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED 8 $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING 9 THIS AMOUNT TO ACCOUNT NO 001 - 2150 - 519 - 3450, 10 "CONTRACTUAL SERVICES ". 11 12 Moved by Vice Mayor Feliu, seconded by Commissioners Bethel 13 and Wiscombe to approve the Consent Agenda. 14 15 There, being no discussion the motion passed by a 4 -0 vote. 16 17 Commissioner Russell: Out of room 18 Commissioner Bethel: Yea 19 Vine Mayor Feliu: Yea 20 Commissioner Wiscombe: Yea 21 Mayor Robaina: Yea 22 23 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 24 25 ORDINANCE NO. 1 -00 -1703 26 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -1 28 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN 29 ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE LAND 30 USE ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO 31 FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; 32 PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF 33 THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS 34 OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR 35 SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR 36 AN EFFECTIVE DATE. (13t Reading - November 2, 1999) 37 38 Moved by Mayor Robaina, seconded by Vice Mayor Feliu to 39 adopt this ordinance. 40 41 Administration explained the issues involved with this 42 amendment. 43 44 Mayor Robaina opened the floor for the public hearing. 45 46 Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared 47 before the City Commission in support of this amendment. 48 49 After there were no other interested parties to speak on 50 behalf of this item, the public hearing was closed. 51 REGULAR CITY COMMISSION 5 Minutes - March 7, 2000 1 Upon the conclusion of discussion, the motion passed by a 4- 2 0 vote. 3 4 Vice Mayor Feliu: Out of room 5 Commissioner Bethel: Yea 6 Commissioner Wiscombe: Yea 7 Commissioner Russell: Yea 8 Mayor Robaina: Yea 9 10 ORDINANCE NO. 2 -00 -1704 11 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 13 (DCA NO. 00R1) TO THE ADOPTED COMPREHENSIVE PLAN IN 14 ORDER TO PROVIDE CERTAIN REVISIONS TO THE 15 INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY 16 RECENTLY ENACTED CHANGES TO FLORIDA STATUTES; PROVIDING 17 FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS 18 ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF 19 THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR 20 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN 21 EFFECTIVE DATE. (First Reading - November 2, 1999) 22 23 Moved by Mayor Robaina, seconded by Commissioners Russell 24 and Wiscombe to adopt this ordinance. 25 26 Administration explained the issues involved with this 27 amendment. 28 29 Mayor Robaina opened the floor for the public hearing. 30 After there were no interested parties to speak on behalf of this 31 item, the public hearing was closed. 32 33 Upon the conclusion of discussion, the motion passed by a 4- 34 0 vote. 35 36 Commissioner Wiscombe: Out of room 37 Commissioner Russell: Yea 38 Commissioner Bethel: Yea 39 Vice Mayor Feliu: Yea 40 Mayor Robaina: Yea 41 42 ORDINANCE NO. 3 -00 -1705 43 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 44 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT NO. 45 99 -3 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN 46 IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE 47 HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A 48 STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND 49 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING 50 FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS 51 ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF REGULAR CITY COMMISSION 6 Minutes - March 7, 2000 1 THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR 2 SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, 3 AND PROVIDING AN EFFECTIVE DATE. (First Reading - 4 November 16, 1999) 5 6 Moved by Mayor Robaina, seconded by Commissioners Russell 7 and Wiscombe to adopt this ordinance. 8 9 Administration explained the issues involved with this 10 amendment. 11 12 Mayor Robaina opened the floor for the public hearing. 13 After there were no interested parties to speak on behalf of this 14 item, the public hearing was closed. 15 16 Upon the conclusion of discussion, the motion passed by a 5- 17 0 vote. 18 19 Commissioner Wiscombe: Yea 20 Commissioner Russell: Yea 21 Commissioner Bethel: Yea 22 Vice Mayor Feliu: Yea 23 Mayor Robaina: Yea 24 25 RESOLUTION (S) PUBLIC HEARING 26 27 RESOLUTION NO. 57- 00- 10950 28 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 30 A TENTATIVE PLAT, PURSUANT TO SECTION 20- 4.2(B), OF THE 31 LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT 32 CODE, AND SECTION 28 -4 OF THE COUNTY CODE. REGARDING 33 THE PROPERTY LOCATED IN THE RT -6, "TOWNHOUSE 34 RESIDENTIAL DISTRICT," LOCATED AT 6523 SW 56TH STREET, 35 SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING 36 PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES, 37 PROVIDING FOR A LEGAL DESCRIPTION, AND PROVIDING FOR AN 38 EFFECTIVE DATE. 39 3/5 40 41 Moved by Mayor Robaina, seconded by Commissioner Bethel to 42 approve this item. 43 44 Administration explained the mitigating factors surrounding 45 this request. 46 47 Mayor Robaina opened the floor for the public hearing. 48 After there were no interested parties to speak on behalf of this 49 item, the public hearing was closed. 50 REGULAR CITY COMMISSION 7 Minutes - March 7, 2000 1 Upon the conclusion of discussion, the motion passed by a 5- 2 0 vote. 3 4 Commissioner Wiscombe: Yea 5 Commissioner Russell: Yea 6 Vice Mayor Feliu: Yea 7 Commissioner Bethel: Yea 8 Mayor Robaina: Yea 9 10 RESOLUTION (S) 11 12 RESOLUTION NO.58 -00- 10951 13 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY 15 COMMISSION MEETINGS ESTABLISHING POLICY WHEREBY 16 AWARDS. RECOGNITION AND ACKNOWLEDGEMENT PRESENTATIONS 17 SCHEDULED TO BE HEARD DURING A CITY COMMISSION MEETING 18 SHALL BE PRESENTED AT 7 :00 P.M.; PROVIDING AN EFFECTIVE 19 DATE. 20 (Vice Mayor Feliu) 3/5 21 22 Moved by Mayor Robaina, seconded by Commissioners Russell 23 and Wiscombe to approve this item. 24 25 Vice Mayor Feliu shared his rationale for sponsoring this 26 item. 27 28 Upon the conclusion of discussion, it was moved by Vice 29 Mayor Feliu, seconded by Mayor Robaina to amend the resolution by 30 changing the word "all" to awards, recognition, acknowledgment. 31 There, being no further discussion on the amendment, the motion 32 passed by a 5 -0 vote. 33 34 Vice Mayor Feliu: Yea 35 Commissioner Bethel: Yea 36 Commissioner Russell: Yea 37 Commissioner Wiscombe: Yea 38 Mayor Robaina: Yea 39 40 There, being no further discussion on the resolution as a 41 whole, the motion passed by a 5 -0 vote. 42 43 Commissioner Bethel: Yea 44 Commissioner Wiscombe: Yea 45 Commissioner Russell: Yea 46 Vice Mayor Feliu: Yea 47 Mayor Robaina: Yea 48 49 RESOLUTION NO. 59 -00- 10952 50 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 51 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY 52 CLERK; ESTABLISHING POLICY TO INCLUDE THE CITY CLERK IN REGULAR CITY COMMISSION 8 Minutes - March 7, 2000 1 COLA ADJUSTMENTS FOR NON -UNION GENERAL EMPLOYEES; 2 PROVIDING FOR THE CITY CLERK TO RECEIVE THE SAME 3 COMPENSATION AS PRESCRIBED IN RESOLUTION NO. 46 -00- 4 10939; PROVIDING AN EFFECTIVE DATE. 5 (Mayor Robaina /Vice Mayor Feliu /Comm. Bethel) 3/5 6 7 Moved by Vice Mayor Feliu, seconded by Commissioner Bethel 8 to approve this item. 9 10 Mayor Robaina explained his reasoning for sponsoring this 11 item. 12 13 Upon the conclusion of discussion, the motion passed by a 5- 14 0 vote. 15 16 Commissioner Bethel: Yea 17 Commissioner Wiscombe: Yea 18 Commissioner Russell: Yea 19 Vice Mayor Feliu: Yea 20 Mayor Robaina: Yea 21 22 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 24 TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH 25 NUMBER ONE RANKED FIRM OF M.C. HARRY & ASSOCIATES, 26 FAILING THAT WITH THE SECOND RANKED FIRM OF MATEU 27 CORRENO RIZO & PARTNERS, INC., FAILING THAT TO THE 28 THIRD RANKED FIRM OF BERMELLO AJAMIL & PARTNERS FOR THE 29 DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION 30 ADMINISTRATION SERVICES FOR THE PHASE TWO OF THE CITY 31 OF SOUTH MIAMI MULTIPURPOSE CENTER. 32 3/5 33 Administration explained the approach taken and method used 34 in order to reach this conclusion. 35 36 At the end of the discussion held on this item Mayor Robaina 37 moved, seconded by Vice Mayor Feliu to table this item. Staff 38 was advised to make arrangements to have the Commission members 39 meet with the selection committee and have the nine selected 40 groups do a presentation before the City Commission. 41 42 There, being no further discussion, the motion to table 43 passed by a 4 -1 vote. 44 45 Commissioner Wiscombe: Yea 46 Commissioner Russell: Nay 47 Commissioner Bethel: Yea 48 Vice Mayor Feliu: Yea 49 Mayor Robaina: Yea 50 51 RESOLUTION NO. 60 -00 -10953 REGULAR CITY COMMISSION Minutes - March 7, 2000 We 1 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS; 3 URGING LOCAL BUSINESSES CHAMBER SOUTH AND THE RED 4 SUNSET MERCHANTS ASSOCIATION TO REQUIRE THAT ALL OF ITS 5 MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND 6 REQUIRING ALL PERSONS TO ADOPT THE CODE OF ETHICS PRIOR 7 TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE 8 CITY; PROVIDING AN EFFECTIVE DATE. 9 3/5 10 Moved by Commissioner Russell, seconded by Commissioners 11 Wiscombe and Bethel to approve this item. 12 13 The item had been discussed during the City Manager's 14 report. 15 16 There, being no discussion, the motion passed by a 5 -0 vote. 17 18 Commissioner Bethel: Yea 19 Vice Mayor Feliu: Yea 20 Commissioner Wiscombe: Yea 21 Commissioner Russell: Yea 22 Mayor Robaina: Yea 23 24 RESOLUTION NO. 61 -00- 10954 25 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING APPLICATION 27 FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND 28 PROGRAM. 29 3/5 30 31 Moved by Mayor Robaina, seconded by Commissioner Russell to 32 approve this item. 33 34 Administration provided pertinent information regarding this 35 grant request. 36 37 Upon the conclusion of discussion, the motion passed by a 5- 38 0 vote. 39 40 Commissioner Russell: Yea 41 Vice Mayor Feliu: Yea 42 Commissioner Bethel: Yea 43 Commissioner Wiscombe: Yea 44 Mayor Robaina: Yea 45 46 RESOLUTION NO. 62 -00 -10955 47 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 48 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAMPAIGN 49 FINANCING SUPPORTING MIAMI -DADE COUNTY COMMISSIONER 50 JIMMY MORALES' PROPOSAL; PROVIDING AN EFFECTIVE DATE. 51 (Commissioner Russell) 3/5 REGULAR CITY COMMISSION 10 Minutes — March 7, 2000 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 Moved by Vice Mayor Feliu, seconded by Commissioner Russell to approve this item. Commissioner Russell shared with her colleagues her reasoning for sponsoring this item. Upon the conclusion of the discussion, Mayor Robaina commended Commissioner Russell for taking this action. The City Clerk was directed to send an executed document to Miami -Dade County Commissioner Morals. There, being no further discussion, the motion passed by a 5 -0 vote. Commissioner Wiscombe: Yea Commissioner Russell: Yea Vice Mayor Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea RESOLUTION NO. 63 -00- 10956 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMPREHENSIVE EVERGLADES RESTORATION PROJECT; URGING THE ARMY CORP OF ENGINEER AND THE STATE OF FLORIDA WATER MANAGEMENT DISTRICT TO MAINTAIN OR ENHANCE EXISTING WATER LEVELS OF FLOOD PROTECTION IN ALL URBAN, AGRICULTURAL AND ENVIRONMENTAL PRESERVATION AREAS; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 Moved by Commissioner Russell, seconded by Commissioner Wiscombe to approve this item. Commissioner Russell shared with her colleagues her way of thinking for sponsoring this item. Upon the conclusion of the discussion, Mayor Robaina commended Commissioner Russell for taking this action. The City Clerk was directed to send an executed document to Sweetwater Mayor, Rebeca Sosa. There, being no further discussion, the motion passed by a 5 -0 vote. REGULAR CITY COMMISSION Minutes - March 7, 2000 Commissioner Bethel: Yea Commissioner Wiscombe: Yea Commissioner Russell: Yea Vice Mayor Feliu: Yea Mayor Robaina: Yea 11 1 RESOLUTION NO. 64 -00 -10957 2 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SETTING 4 GUIDELINES FOR HOURLY CONSULTANT INVOICES TO PROVIDE 5 CERTAIN MINIMUM INFORMATION AND PROVIDING FOR AN 6 EFFECTIVE DATE. 7 (Vice Mayor Feliu) 3/5 8 9 Moved by Mayor Robaina, seconded by Commissioner Russell to 10 approve this item. 11 12 Vice Mayor Feliu shared his rationale for sponsoring this 13 resolution. Administration was asked to prepare a similar 14 resolution for the next CRA meeting. 15 16 There, being no further discussion the motion passed by a 5- 17 0 vote. 18 19 Commissioner Wiscombe: Yea 20 Commissioner Russell: Yea 21 Vice Mayor Feliu: Yea 22 Commissioner Bethel: Yea 23 Mayor Robaina: Yea 24 25 RESOLUTION NO. 65 -00- 10958 26 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 28 MANAGER TO ENTER INTO A CONTRACT WITH TEEN PREGNANCY 29 PREVENTION CENTER, INC. TO PROVIDE COUNSELING, 30 PREVENTION, EDUCATION, REFERRAL SERVICES, PREGNANCY 31 AND CONFIDENTIAL HIV TESTING. 32 3/5 33 Moved by Mayor Robaina, seconded by Commissioner Russell to 34 approve this item. 35 36 Administration explained the pertinent issues involved with 37 this agreement. 38 39 Upon conclusion of discussion, the motion passed by a 5 -0 40 vote. 41 42 Commissioner Russell: Yea 43 Vice Mayor Feliu: Yea 44 Commissioner Bethel: Yea 45 Commissioner Wiscombe: Yea 46 Mayor Robaina: Yea 47 48 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 49 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 50 SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING VICTOR REGULAR CITY COMMISSION 1 2 Minutes - March 7, 2000 1 DOVER AND JERRY PROCTOR TO SERVE ON THE ZONING TASK 2 FORCE; PROVIDING AN EFFECTIVE DATE. 3 (Mayor Robaina) 3/5 4 5 Because of Mr. Dover's involvement with many on -going 6 development projects the issue of whether he should be eligible 7 to serve on the Board was discussed. Upon conclusion of 8 discussion, it was moved by Mayor Robaina, seconded by 9 Commissioner Russell to table this item. The City Clerk was 10 instructed to contact Mr. Dover to see if he would be willing to 11 serve in a non - voting capacity. 12 13 There, being no further discussion, the motion passed by a 14 5 -0 vote. 15 16 Vice Mayor Feliu: Yea 17 Commissioner Bethel: Yea 18 Commissioner Wiscombe: Yea 19 Commissioner Russell: Yea 20 Mayor Robaina: Yea 21 22 RESOLUTION NO. 66- 00- 10959 23 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED 25 COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119 -93- 26 9358 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %) 27 MATCHING - CONTRIBUTION TO DEFERRED COMPENSATION PLAN 28 FOR SENIOR LEVEL MANAGERS CURRENTLY DEFINED AS 29 DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, 30 AND ASSISTANT TO CITY MANAGER. 31 3/5 32 33 Moved by Mayor Robaina, seconded by Vice Mayor Feliu to 34 approve this item. 35 36 Commissioner Russell asked if other employees were being 37 provided with this option. 38 39 Manager Scurr explained that all employees were encouraged 40 to participate in the deferred compensation plan. This 41 particular resolution related to upper and mid level management 42 staff. 43 44 Upon the conclusion of this discussion, the motion passed by 45 a 5 -0 vote. 46 47 Commissioner Russell: Yea 48 Commissioner Bethel: Yea 49 Commissioner Wiscombe: Yea 50 Vice Mayor Feliu: Yea 51 Mayor Robaina: Yea 52 REGULAR CITY COMMISSION 1 3 Minutes - March 7, 2000 1 ORDINANCE (S) FIRST READING 2 3 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY 5 RELATIONS BOARD; AMENDING SECTION 2.26.6 OF THE CITY OF 6 SOUTH MIAMI CODE OF ORDINANCES; ENTITLED "COMMUNITY 7 RELATIONS BOARD "; CHANGING THE MEMBERSHIP FROM 15 TO 17 8 MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN 9 CONFLICT AND AN EFFECTIVE DATE. 10 (Mayor Robaina) 3/5 11 12 Moved by Mayor Robaina, seconded by Commissioner to approve 13 this ordinance on first reading. 14 15 Upon conclusion of discussion, motion passed by a 5 -0 vote. 16 17 Commissioner Bethel: Yea 18 Commissioner Wiscombe: Yea 19 Commissioner Russell: Yea 20 Vice Mayor Feliu: Yea 21 Mayor Robaina: Yea 22 23 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION 25 BOARD; AMENDING SECTION 16.20(a) OF THE CITY OF SOUTH 26 MIAMI CODE OF ORDINANCES; ENTITLED "PENSION BOARD "; 27 CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS; 28 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND 29 AN EFFECTIVE DATE. 30 (Mayor Robaina) 3/5 31 32 Moved by Vice Mayor Feliu, seconded by Commissioner Russell 33 to approve this ordinance on first reading. 34 35 Upon conclusion of discussion, motion passed by a 5 -0 vote. 36 37 Commissioner Wiscombe: Yea 38 Commissioner Russell: Yea 39 Vice Mayor Feliu: Yea 40 Commissioner Bethel: Yea 41 Mayor Robaina: Yea 42 43 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 44 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ABANDONED AND 45 JUNKED VEHICLES; CREATING A NEW SECTION 15.35.1, 46 ENTITLED "NUISANCE DECLARED FOR ABANDONED VEHICLES "; 47 PROHIBITING STORING, PARKING OR LEAVING ABANDONED 48 VEHICLES ON PRIVATE PROPERTY; PROVIDING FOR 49 DEFINITIONS, NOTICE, REMOVAL AND DISPOSITION OF 50 ABANDONED VEHICLES; PROVIDING FOR ALTERNATIVE REMEDIES 51 AND IMMUNITY OF CODE ENFORCEMENT OFFICERS FROM REGULAR CITY COMMISSION 14 Minutes - March 7, 2000 1 PROSECUTION FOR TRESPASS AND OTHER ACTIONS; REPEALING 2 SECTION 15.35.1, ENTITLED "JUNK, WRECKED, ABANDONED 3 VEHICLES KEEPING ON PRIVATE PROPERTY - PROHIBITED; 4 REPEALING SECTION 15.35.2, ENTITLED "SAME REMOVAL; 5 NOTICE ", REPEALING SECTION 15.35.3, ENTITLED "ADOPTION 6 OF STATUS RELATIVE TO ABANDONED, WRECKED PROPERTY 7 ADOPTED BY REFERENCE ;" REPEALING SECTION 15.35.4, 8 ENTITLED "SAME - ENFORCEMENT EXPENSES, CONSTITUTE LIEN 9 [ON] VEHICLE IN VIOLATION"; AND REPEALING SECTION 10 15.35.5, ENTITLED "CITY MANAGER RESPONSIBLE FOR 11 IMPLEMENTATION OF SECTIONS 15.35.1 THROUGH 15.35.4" OF 12 THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; PROVIDING 13 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 14 EFFECTIVE DATE. 15 (Mayor Robaina) 3/5 16 17 Moved by Mayor Robaina, seconded by Commissioners Russell 18 and Bethel to approve this ordinance on first reading. 19 20 Upon conclusion of discussion, motion passed by a 5 -0 vote. 21 22 Commissioner Russell: Yea 23 Vice Mayor Feliu: Yea 24 Commissioner Bethel: Yea 25 Commissioner Wiscombe: Yea 26 Mayor Robaina: Yea 27 28 29 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC 31 RECORDS RETENTION SCHEDULE; AMENDING SECTION 2 -18(f) OF 32 THE CITY OF SOUTH MIAMI CODE OF ORDINANCES ENTITLED 33 "PHOTOGRAPHING AND DESTRUCTION OF PUBLIC RECORDS "; 34 ADOPTING THE STATE OF FLORIDA GENERAL RECORDS SCHEDULE 35 FOR STATE AND LOCAL GOVERNMENT AGENCIES (SCHEDULE GS1); 36 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 37 AN EFFECTIVE DATE. 38 (Commissioner Russell) 3/5 39 40 Moved by Commissioner Russell, seconded by Mayor Robaina to 41 approve this ordinance on first reading. 42 43 Administration made clear the justifying circumstances 44 involved with this particular item. 45 46 Upon conclusion of discussion, motion passed by a 5 -0 vote. 47 48 Vice Mayor Feliu: Yea 49 Commissioner Bethel: Yea 50 Commissioner Wiscombe: Yea 51 Commissioner Russell: Yea REGULAR CITY COMMISSION 15 Minutes - March 7, 2000 1 Mayor Robaina: Yea 2 3 30. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HOME 5 OCCUPATIONS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH 6 MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -2.3 7 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION OF HOME 8 OCCUPATIONAL; BY REVISING SECTION 20- 2.3(D) ENTITLED 9 "PERMITTED USE SCHEDULE" TO ALLOW HOME OCCUPATIONS AS A 10 PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS; BY 11 REVISING SECTION 20- 3.6(P) ENTITLED "OCCUPATIONAL 12 LICENSE - HOME LOCATION PERMITTED" TO PROVIDE 13 ADDITIONAL REQUIREMENTS AND CONDITIONS FOR HOME 14 OCCUPATIONS; BY REVISING SECTION 20.5.5 ENTITLED 15 "APPLICATIONS REQUIRING PUBLIC HEARING," TO ELIMINATE 16 PUBLIC HEARINGS FOR HOME OCCUPATIONAL LICENSE; BY 17 REVISING SECTION 20 -6.1 (B) (3) (e) TO ELIMINATE PLANNING 18 BOARD REVIEW OF HOME OCCUPATIONAL LICENSES, PROVIDING 19 FOR SEVERABILITY; ORDINANCES IN CONFLICT'; AND PROVIDING 20 AN EFFECTIVE DATE. 21 22 Moved by Vice Mayor Feliu, seconded by Commissioners Russell 23 and Bethel to approve this ordinance on first reading. 24 25 Administration explained the relevant details surrounding 26 this particular item. 27 28 Mayor Robaina indicated the importance of making sure City 29 personnel had free access to inspect the home business. A 30 recommendation was made by Attorney Gallop to deal with the 31 "probable cause" issue at the second reading. 32 33 Upon conclusion of discussion, motion passed by a 5 -0 vote. 34 35 Commissioner Bethel: Yea 36 Commissioner Wiscombe: Yea 37 Commissioner Russell: Yea 38 Vice Mayor Feliu: Yea 39 Mayor Robaina: Yea 5C 41 PUBLIC REMARKS 42 43 The following individuals were afforded an opportunity to 44 make comments: 1) Mr. David Tucker, Sr., of 6556 SW 78th Terrace, 45 South Miami, Florida; and 2) Mr. David Scott a representative 46 from the Elks Lodge residing at 7425 SW 59th Court, South Miami, 47 Florida. 48 49 COMMISSION REMARKS 50 REGULAR CITY COMMISSION 16 Minutes - March 7, 2000 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 Commissioner participating in his office hours 6:00 p.m. Wiscombe voiced his anticipation of the Women Build III. He further announced that would be held on Wednesdays between from 4:30- Commissioner Russell indicated that the Sunset Median landscape project was underway. She asked that administration provide the Senior Citizens building with an American Flag. She thanked her colleagues for their support of the legislation she'd sponsored on tonight's agenda. Vice Mayor Feliu referenced the 1999 Crime Statistics for the City of South Miami and commended the City Manager, Chief of Police, Assistant Chief and police officers for an excellent job. Commissioner Bethel voiced his anticipation of participating in the Women Build III event. Mayor Robaina encouraged everyone to come out for the Women Build III event. He further congratulated the police department for the positive 1999 Crime Statistics. He shared highlights from a wonderful Greek event he'd attended the previous weekend. He further congratulated everyone associated with the South Miami Arts and Crafts Festival. He announced: 1) the Village of Pinecrest would be holding its third year anniversary event; and 2) Crime Watch organizational meeting scheduled for Thursday, March 9th at Hope Lutheran Church. Mayor Robaina asked that Wounded Healers, Inc., be provided an opportunity to do the dry wall work at the Phase One Multipurpose Center. After there was no further business to come before this Body, the meeting adjourned at 12:15 a.m., with Vice Mayor Feliu delivering inspirational parting words. Attest City Clerk REGULAR CITY COMMISSION Minutes — March 7, 2000 Approved 17 Mayor 4� �y I CITY OF SOUTH MIAMI 2 COMMUNITY REDEVELOPMENT AGENCY /ADVISORY BOARD 3 MINUTES 4 DECEMBER 69 1999 5 6 Call to Order: 7 8 The City of South Miami Community Redevelopment Agency and Community 9 Redevelopment Agency Advisory Board met in joint session on Monday, December 6, 1999 10 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call: 13 The following members of the Community Redevelopment Agency were present, 14 Chairperson Julio Robaina, Vice Chairperson Mary Scott Russell, Members Ann Bass, James 15 Bowman and Charete Plummer. Members David D. Bethel and Horace G. Feliu were not 16 present. The following members of the Community Redevelopment Agency Advisory Board 17 were present, Members Lee Perry, David Tucker, Sr., Charles Foschini and Helen Diaz. 18 19 Also in attendance were CRA Director Diana Morris, CRA Consultant Don Delaney, and 20 CRA General Counsel John Dellagloria. 21 22 B. Approval of Minutes 23 Due to preparations for the Holiday Food Drive the City Clerk's office was unable to 24 prepare minutes for this month. Minutes would be provided at a later date. Moved by 25 Chairperson Robaina, seconded by Vice Chairperson Russell to defer the approval of minutes. 26 The motion passed by a 5 -0 vote. 27 28 Member Bowman: Yea 29 Member Plummer: Yea 30 Member Bethel: Not present 31 Member Feliu: Not Present 32 Vice Chairperson Russell: Yea 33 Chairperson Robaina: Yea 34 35 C. Resolutions. 36 37 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 38 REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF 39 AN AMENDMENT TO THE AGREEMENT FOR TROLLEY SYSTEM 40 SERVICES WITH HEALTH TRANS, INC. 41 42 Ms. Morris explained the particulars associated with this lease amendment. A 12 month 43 extension was added to the contract. 44 45 CRA General Counsel Dellagloria explained the extension clause of the agreement. 46 CRA - MINUTES 1 DECEMBER 6, 1999 I Upon a motion being duly made by Chairperson Robaina and seconded by Vice 2 Chairperson Russell, it passed by a 5 -0 vote. 3 4 Vice Chairperson Russell: Yea 5 Member Bethel: Not Present 6 Member Feliu: Not present 7 Member Bowman: Yea 8 Member Plummer: Yea 9 Member Bass: Yea 10 Chairperson Robaina: Yea 11 12 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 13 REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A 14 REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR URBAN 15 INFILL HOUSING REDEVELOPMENT. 16 17 Mr. Delaney explained the specifics and process involved with this resolution. He said 18 the terms would allow the developer to receive $10,000.00 from the CRA TIFF Fund for each 19 home built. The City's CRA program is more innovate because it allows the funds to be spent 20 on anything that is tied directly to the development of a home. 21 22 Chairperson Robaina afforded representatives from Habitat and Jubilee to come forward 23 for comments. 24 25 Ms. Cathy McCann, President of Greater Miami Habitat appeared before the CRA Board. 26 She related that Habitat at present has invested 1.4 Million Dollars in the City of South Miami. 27 She spoke in favor of the $10,000.00 policy. 28 29 Chairperson Robaina asked where would Habitat be utilizing the $10,000.00? 30 31 Ms. Ann Manning, Director of Habitat appeared before the City Commission and shared 32 that her organization hadn't put together a formal package. However, they were told during the 33 initial discussion what the funds could not be used for. 34 35 Mr, Frank Guidof, Executive Director of Jubilee Community Development Corporation 36 appeared before the CRA Board. He conveyed that his organization is very encouraged by the 37 way this Infill Housing program is set up. He said that he wasn't prepared at this time to say 38 how the money would be spent. 39 40 CRA Advisory Board Member Diaz asked when would there be a finished product from 41 Jubilee? 42 43 Mr. Guidof indicated that Jubilee had just completed a 90 -unit rental development in 44 Florida City. In January 2000, Jubilee would be breaking ground on a 30 -unit Condominium 45 development in Little Havana. 46 47 Moved by Chairperson Robaina, seconded by Member Bass to approve the resolution. CRA - MINUTES 2 DECEMBER 6, 1999 2 There, being no further discussion, the motion passed by a 5 -0 vote. 3 4 Member Feliu: Not present 5 Member Bethel: Not present 6 Member Plummer: Yea 7 Member Bass: Yea 8 Member Bowman: Yea 9 Vice Chairperson Russell: Yea 10 Chairperson Robaina: Yea 11 12 D. Presentation by Planning Department — Planning Maps 13 14 Mr. Subrata Basu, the City's Assistant City Manager and Planning Director appeared 15 before the CRA Board to provide an overview of the two primary documents that governs any 16 development within the City of South Miami: 1) Comprehensive Master Plan which is the City's 17 road map that establishes the City's Goals and Objectives. The Comprehensive Master Plan is 18 updated every five years. It was last updated in 1995. The law also allows amendments once or 19 twice a year depending on the need; and 2) Land Development Code which is an implementation 20 document. It provides guidelines on how to implement the Goals and Objectives established in 21 the Comprehensive Master Plan. This zoning code establishes development regulations. The 22 two predominately land uses in the CRA area are: 1) residential and 2) TODD. There are three 23 land use categories of TODD in the CRA area; 1) Mixed -Use 4 which is limited to two stories; 2) 24 Mixed -Use 5 which is limited to four stories plus a four -story bonus provided the developer 25 provides certain amenities; and 3) Light Industrial 4 which is limited to two stories. 26 27 Mr. Basu indicated that any legislative action involving zoning applications in the CRA 28 area would go through the CRA Advisory Board, the CRA Board as well as the Planning Board 29 and other boards that would normally be used for their recommendation. He detailed the length 30 of the application process and the application fee associated with certain development elements. 31 32 CRA Advisory Board Member Diaz asked how many of those cases violate Miami -Dade 33 County's Master Plan? 34 35 Mr. Basu indicated that the City of South Miami's Comprehensive Master Plan was the 36 only "Plan" to be considered in this process. He highlighted the particulars of the Hometown 11 37 Plan and indicated that the Future Land Use Map was based on the Hometown II Plan as well as 38 the Zoning Code. 39 40 Chairperson Robaina commended Mr. Basu for this presentation. 41 42 Mr. Delaney related that the CRA is in discussions with a medical learning institution to 43 put a medical campus and facility on the block behind the Sheraton Four Points Hotel. He asked 44 Mr. Basu about the allowable zoning on this particular lot. 45 CRA — MINUTES 3 DECEMBER 6, 1999 I Mr. Basu said this lot is zoned "MO Medium Office -four- story. He shared that the 2 City Commission would be implementing a Zoning Task Force and detailed the composition of 3 that Task force as well as scope of responsibility. 4 5 Mr. Delaney asked how would the City's professional staff advocate expanding the 6 TODD to include the lot presently zoned "MO"? He said that if the CRA decided that a medical 7 facility is what it wanted in the CRA area, staff would be making a request to revisit this zoning. 8 9 Mr. Basu voiced his opinion that what Mr. Delaney is suggesting would require a 10 Comprehensive Master Plan amendment. He said the use is allowed however the issue is the 11 height. 12 13 E. Report on November 13th Neighborhood Clean Up. 14 15 Ms. Morris reported on the success of the Neighborhood Clean -up held on November 16 13th. She indicated that two thousand tons of trash was picked up during this event. She 17 acknowledged the Parks & Recreation Landscape Division, Code Enforcement Division and the 18 Public Works Department for their efforts during this event. 19 20 Chairperson Robaina explained that the CRA was still doing "quick victory" projects 21 even though Miami -Dade County had awarded TIF fund funds haven't been received by the 22 CRA as of yet. 23 24 CRA Advisory Board Member Tucker commended the volunteers for their efforts during 25 this clean -up project. 26 27 Vice Chairperson Russell acknowledged and commended the CRA Advisory Board 28 members for also volunteering during this clean -up event. She suggested coming up with a name 29 other than "quick victory." 30 31 F. Up -date on Budget Approval Process 32 33 Mr. Delaney said staff was successful in getting approval of the final budget from the 34 Miami -Dade County TIF Committee. He said staff was also successful in protecting the 35 repayment to the City, which was raised from $21,000.00 to $57,000.00. The recommendation 36 from the TIF Committee will be going before the Miami -Dade County Commission for final 37 approval some time in January 2000. 38 39 G. Community Beautification Project 40 41 Ms. Morris credited Chairperson Robaina for conung up with this idea after some of the 42 landscaping materials were taken after the November 13th Clean -up project. She detailed that the 43 program would purchase or solicit donated plants for resale at a minimum cost or for the 44 donation of can goods for a plant planting day event. She said a suggestion was made to tie this 45 project in with the holiday food drive. 46 CRA - MINUTES 4 DECEMBER 6, 1999 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 Chairperson Robaina further explained that a lot of the very colorful plants that were planted during the clean -up day event disappeared from the planters and were planted in someone else's front yard. Vice Chairperson Russell indicated that this was an excellent idea. Member Bass asked for further clarification about the program. Ms. Morris said that if the CRA could purchase the plants at a good price they could be resold for as little as ten cents each or if this program can be implemented in time it could tie in with the City's food drive whereby people would donate a can good in exchange for plant materials. Upon conclusion of the discussion and a consensus of the CRA Board the price of a quarter for a plant was approved for this program. Moved by Chairperson Robaina, seconded by Vice Chairperson Russell and Member Bass to authorize Ms. Morris to spend up to $500.00 for this purpose. There, being no further discussion, the motion passed by a 5 -0 vote. Member Feliu: Member Bethel: Member Plummer: Member Bass: Vice Chairperson: Member Bowman: Chairperson Robaina: Not present Not present Yea Yea Yea Yea Yea H. Staff Comments Mr. Delaney reported that staff was successful in scheduling a meeting with Mr. Rodriguez of Miami -Dade County HUD for this coming Thursday at 11:00 a.m. I. Public Comments Ms. Yvonne Beckman 5871 SW 83`d Street appeared before the CRA Board and related that she was trying to get more detailed information from data she'd received from the City Manager regarding moneys spent by the CRA. She voiced concern with the appointment of Thomas Todd Cooper to the Planning Board and his involvement with Jubilee. Chairperson Robaina said that when and if there is a conflict of interest Mr. Cooper would recuse himself from the proceeding. Ms. Beckman questioned the ethics of the Commission members serving on the CRA Board. CRA - MINUTES DECEMBER 6, 1999 5 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 CRA General Counsel Dellagloria explained that pursuant to Florida Law the City Commission could comprise the Community Redevelopment Agency. This composition has also been recognized by Miami -Dade County. Ms. Beckman questioned the $10,000.00 Infill Housing contribution and asked if this award was for a single - family home. Staff responded and indicated that this was for a single- family home. Ms. Beckman questioned the liabilities associated with a proposed construction of a development. Mr. Delaney said there was no liability for the CRA or the City. CRA General Counsel further elaborated on Mr. Delaney's answer and indicated that this would be taken care of during the agreement process. Ms. Beckman asked for clarification between Hometown I and Hometown II. Chairperson Robaina explained that each represented a different Charrette that had occurred in different areas. Ms. Beckman broached the Community Beautification Program and voiced her opinion that people were being rewarded for stealing. Chairperson Robaina encouraged Ms. Beckman to look at the positive side and not dwell on the negative. Vice Chairperson Russell voiced her support of the Community Beautification Program. She said that she did not find it amusing that the plants were stolen but is happy a way was found to resolve the situation. Ms. Beckman mentioned the proposed medical campus and facility and asked that the City's Land Development Code, Comprehensive Plan and Hometown Plan be adhered to. CRA Advisory Board Member Tucker addressed his comments to Ms. Beckman and indicated that there are ways to accomplish goals and achieve the objectives. He voiced his support of the Community Beautification Program. J. General Comments from CRA Board Member Bass voiced her support of the beautification project and shared that if one of her neighbors stole her plants she could feel sorry for them for having to resort to this or choose to get angry or mad however it be nice if someone decided that if it was that much of a need they'd provide everybody with plants. CR4 - MINUTES 6 DECEMBER 6,1999 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 Vice Chairperson Russell mentioned the Workforce Investment Act and committing the CRA to collaborate with local teaming institutions in an effort to assist with technical training to prepare residents for local jobs. She said that she'd provided Ms. Morris with applicable information regarding this issue. Ms. Gladys Diaz of 4722 SW 67th Avenue appeared before the CRA Board to share her community involvement by working with Wounded Healers, Inc specifically in the construction industry. She related that the participants were having a problem getting to and from the job sites. By acclamation staff was directed to pursue the Workforce Investment Act. Chairperson Robaina thanked staff for doing an excellent job. Each member of the CRA Advisory Board was afforded an opportunity to make comments. K. Adjournment After there was no further business to come before this Body the meeting adjourned at approximately 8 :57 p.m. Approved Attest: CRA Chairperson CRA Secretary CRA - MINUTES 7 DECEMBER 6, 1999 To: Mayor & Commission Date: March 17, 2000 From: Charles D. Scurr Agenda Item # 3 Ci ty Manager er Re: Comm. Mt .3 1 /00 g LDC Amendment: Permitted Uses REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE "NR ", NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The attached ordinance amends the City's Permitted Use Schedule. The revision is in response to concerns that gasoline service stations are not a compatible use either within or adjacent to residential neighborhoods.The City's Land Development Code currently allows service stations as a special use (requires public hearing and adherence to special conditions) in the neighborhood and general retail districts and in the TODD district .Based upon the goals and objectives of the City's Comprehensive Plan pertaining to the preservation of single- family residential neighborhoods and the elimination of uses inconsistent with community character it would be appropriate to amend the Land Development Code to remove gasoline service stations as a special use in the "W', Neighborhood Retail District. RECOMMENDATION: Approval on first reading and transmittal to the Planning Board for public hearing and recommendation. Attachment: Proposed Ordinance I ORDINANCE NO. 2 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING 7 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY 8 REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO 9 REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE "NR", 10 NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR SEVERABILITY, 11 ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 12 13 14 15 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a 16 program to update, clarify, and improve the provisions of the City's Land Development Code; 17 and 18 19 WHEREAS, the South Miami Comprehensive Plan states that the City should preserve and 20 enhance the quality of life in existing single - family residential neighborhoods and should 21 eliminate uses inconsistent with community character(Land Use Element, Goal 1, Objective 1.1); 22 and 23 24 WHEREAS, after review and consideration, the Planning and Zoning Department has 25 determined that allowing gasoline service stations within neighborhood oriented zoning districts 26 is inconsistent with the City's Comprehensive Plan and an appropriate amendment to the Land 27 Development Code should be prepared; and 28 29 WHEREAS, a specific amendment to Section 20- 3.3(D) of the Land Development Code has 30 been prepared in order to remove gasoline service stations as a special use in the `NR' , 31 Neighborhood Retail Zoning District; and 32 33 WHEREAS, on, after Public Hearing regarding the proposed 34 amendment to, Section 20- 3.3(D) of the Land Development Code, the Planning Board voted 35 to transmit the proposed amendment to the City Commission; and 36 37 WHEREAS, the City Commission desires to accept the recommendations of the Planning 38 Board and enact the aforesaid amendment. 39 40 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 47 Section 1 That Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land 48 Development Code is hereby amended to read as follows: