Loading...
06-06-00MAYOR: 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: June 6, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: June 13, 2000 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. City" action is ;broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not-for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) (to be heard at 7:00 p.m.) a. South Miami Dodgers b. South Miami Gymnastics Team C. South Miami Track & Field Team ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes REGULAR CITY COMMISSION 1 AGENDA - June 6, 2000 May 8, 2000 - Special City Commission Minutes May 16, 2000 - Regular City Commission Minutes 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MUNICIPALITIES; URGING THE MIAMI -DADE LEAGUE OF CITIES TO SUPPORT THE INCORPORATION AND /OR ANNEXATION OF PETITIONING COMMUNITIES WITHIN MIAMI -DADE COUNTY PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI ZONING TASK FORCE; AMENDING RESOLUTION 253 - 99 -10876 IN ORDER TO MODIFY THE APPOINTMENT PROCEDURE FOR MEMBERSHIP ON THE ZONING TASK FORCE. 3/5 6. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REGARDING CONTRACTS, CONCERNING VEHICLES, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $16,508.05 TO THE KILPATRICK COMPANY FOR THE PURCHASE OF CUSHMAN SCOOTER FOR THE PARKING ENFORCEMENT UNIT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760.519.6430, "MOTOR POOL DIVISION- .3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC SAFETY; AMENDING SECTION 15 -7, OF THE CODE OF ORDINANCES TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR FIREARMS "; REQUIRING LOCKING DEVICES ON FIREARMS STORED IN THE CITY OF SOUTH MIAMI; CREATING A PUBLIC DUTY; PROVIDING CIVIL PENALTIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Commissioners Russell & Bethel) 3/5 RESOLUTION (S) PUBLIC HEARING 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVING A REGULAR CITY COMMISSION 2 AGENDA - June 6, 2000 FINAL PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE FOR MILLER OAKS FIRST ADDITION, LOCATED AT 6523 SW 56 STREET (MILLER ROAD), AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 RESOLUTION (S) There are none ORDINANCE (S) FIRST READING 9. AN ORDINANCE OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; TRANSFERRING SEC. 2 -26.1, ENTITLED "COMMISSION FOR WOMEN" TO SEC. 2 -26 AND CREATING SEC. 2 -26.1 ENTITLED "JUNIOR COMMISSION FOR WOMEN "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Commissioner Russell) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 3 AGENDA — June 6, 2000 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Cit Commission DATE: 6/2/00 AGENDA ITEM # FRO Charles D. curr Comm. Mtg. 6/6/00 City Manager Municipalities THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MUNICIPALITIES; URGING THE MIAMI -DADE LEAGUE OF CITIES TO SUPPORT THE INCORPORATION AND /OR ANNEXATION OF PETITIONING COMMUNITIES WITHIN MIAMI -DADE COUNTY; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina urges Miami -Dade League of Cities to support the incorporation and /or annexation of petitioning communities within Miami -Dade County. The Florida League of Cities' Intergovernmental Relations Committee, recently adopted a resolution that all unincorporated areas in Miami -Dade County shall have the right to vote on incorporation without needless delay and intrusion from the County. Furthermore, the communities within Miami -Dade County have been rejected in their efforts to form new municipalities since 1996. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 MUNICIPALITIES; URGING THE MIAMI -DADE LEAGUE OF 6 CITIES TO SUPPORT THE INCORPORATION AND /OR 7 ANNEXATION OF PETITIONING COMMUNITIES WITHIN 8 MIAMI -DADE COUNTY; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Florida League of Cities' Intergovernmental Relations 11 Committee, recently adopted a resolution that all unincorporated areas in Miami - 12 Dade County ( "county ") should have the right to vote on incorporation "without 13 needless delay and intrusion from the County "; and 14 15 WHEREAS, communities throughout the unincorporated areas of the 16 County have expressed a strong desire to create their own municipalities or be 17 annexed to existing municipalities; and 18 19 WHEREAS, communities within the County have been rejected in their 20 efforts to form new municipalities since December, 1996; and 21 22 WHEREAS, the County had imposed a number of onerous impediments 23 upon any areas seeking incorporation and/or annexation; and 24 25 WHEREAS, the County now wishes to move forward with the formation of 26 new municipalities and /or annexations by existing municipalities. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 30 31 Section 1. The County's requirements for incorporation, including the 32 percentage of signatures required to petition for incorporation, fees, and other 33 County requirements, shall be returned to those under which the Village of 34 Pinecrest, Aventura, and Sunny Isles Beach were created. 35 36 Section 2. Residents shall set municipal boundaries rather than 37 government mandated. The boundaries shall be contiguous and geographically 38 logical, and include areas related as to history, geography and communities of 39 interest. 40 41 Section 3. All municipal services currently enjoyed by existing 42 municipalities shall be granted to the new incorporated municipalities. Additions shown by underlining and deletions shown by overstriiking. 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 Section 4. Any and all communities seeking incorporation and/or annexation shall be permitted to proceed without further delay. Section 5. The County shall eliminate the retention of revenues by the County for annexed areas. The withholding of all but ad valorem taxes places an undue burden on existing municipalities which are required to provide a full range of municipal services to annexed areas but would not have the full complement of revenue to adequately service these areas. Section 6. 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 Page 2 of 2 MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: A RESOLUTION URGING THE MIAMI -DADS LEAGUE OF CITIES TO SUPPORT THE INCORPORATION AND /OR ANNEXATION OF PETITIONING COMMUNITIES WITHIN MIAMI -DADE COUNTY. WHEREAS, the Florida League of Cities' Intergovernmental Relations Committee, recently adopted a resolution that all unincorporated areas of Miami -Dade County ( "County ") should have the right to vote on incorporation "without needless delay and intrusion from the County;" and WHEREAS, communities throughout the unincorporated areas of the County have expressed a strong desire to create their own municipalities or be annexed to existing municipalities; and WHEREAS, communities within the County have been rejected in their efforts to form new municipalities since December, 1996; and WHEREAS, the County had imposed a moratorium on all new incorporations and annexations within the County; and WHEREAS, the County has placed a number of onerous impediments upon any areas seeking incorporation and /or annexation; and WHEREAS, the County now wishes to move forward with the formation of new municipalities and/or annexations by existing municipalities. THEREFORE, the Miami -Dade League of Cities hereby resolves to support those areas seeking incorporation or municipalities wishing to annex portions of unincorporated Miami - Dade County in accordance with the following: 1. The County's requirements for incorporation, including the percentage of signatures required to petition for incorporation, fees, and other County requirements, shall be returned to those under which the Village of Pinecrest, Aventura, and Sunny Isles Beach were created. 2. Municipal boundaries shall be set by residents rather than government mandate, shall be contiguous and geographically logical, and include areas related as to history, geography and communities of interest. 3. All municipal services currently enjoyed by existing municipalities shall be granted to the new incorporated municipalities. 4. Any and all communities seeking incorporation and/or annexation shall be permitted to proceed without further delay. 5. The County shall eliminate the retention of revenues by the County for annexed areas. The withholding of all but ad valorem taxes places an undue burden on existing municipalities which are required to provide a full range of municipal services to annexed areas but would not have the full complement of revenue to adequately service these areas. PASSED and ADOPTED this day of , 2000. Miami -Dade League of Cities Secretary � M(' /�P jtLjr CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 2, 2000 Agenda Item 14 From: Charles D. Scurr Re: Comm. Mtg. 06/06/00 City Manager Resolution modifying membership of Zoning Task Force REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI ZONING TASK FORCE; AMENDING RESOLUTION 253 -99 -10876 IN ORDER TO MODIFY THE APPOINTMENT PROCEDURE FOR MEMBERSHIP ON THE ZONING TASK FORCE BACKGROUND The City Commission in December, 1999 approved Resolution No. 253 -99- 10876, creating a sixteen (16) member the Zoning Task Force and assigning it the responsibility of reviewing and recommending changes to the City's Land Development Code. Following the approval of the resolution the membership was appointed and with the assistance of the Planning and Zoning Department, initial meetings have been held. The Task Force's membership includes the Chairpersons of four of the City's Boards and the Presidents of four community based organizations During the initial meetings of the Task Force it was discovered that several of the chairs and presidents could not attend the meetings on a regular basis The Task Force has suggested that these persons be given the option of appointing themselves or appointing a designated representative to serve as a member of the Task Force. The change in the appointment provisions would help assure improved representation and participation in the work of the Task Force. This can be accomplished by adopting a technical amendment to the resolution creating the Task Force. RECOMMENDATION: The attached resolution has been amended in- order to respond to comments made by the Commission at its May 16, 2000 meeting. It is recommended that the attached revised resolution be approved. Attachment: Proposed Resolution Resolution No, 253 -99 -10876 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING 5 TO THE CITY OF SOUTH MIAMI ZONING TASK FORCE ; 6 AMENDING RESOLUTION 253 -99 -10876 IN ORDER TO 7 MODIFY THE APPOINTMENT PROCEDURE FOR 8 MEMBERSHIP ON THE ZONING TASK FORCE 9 10 WHEREAS, On December 7, 1999 The City Commission 11 approved Resolution No. 253 -99- 10876 creating a Zoning Task 12 Force for the purpose of reviewing and recommending changes 13 to the City's Land Development Code; and, 14 15 WHEREAS, the the membership of the Task Force was 16 designated in the resolution to consist of sixteen citizens 17 representing government boards, citizens at large and 18 community organizations ;and, 19 20 WHEREAS, the presidents and chairpersons of the Boards 21 and community organizations who are designated as members of 22 the Task Force should have the option of representing their 23 organizations or appointing a representative ;and, 24 25 WHEREAS, an amendment to the resolution creating the 26 Zoning Task Force would help assure improved representation 27 and participation in the workings of the Task Force; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. That Section 1 of Resolution No. 253 -99- 33 10876 is hereby amended to read as follows: 34 35 Section 1. That the City of South Miami Zoning task 36 Force is hereby created. The Task Force will consist of 37 sixteen (16) members and is composed as follows: 38 39 (a) Five citizen members, with leadership and professional 40 capabilities, representing various geographic areas of 41 the City with one appointment each by the Mayor and the 42 Commission. 43 44 (b) Chairpersons of Planning Board, Environmental and Preservation Review Board, Historic Preservation Board and Recreation and Cultural Affairs Board. The Chairpersons of each Board may select a representative to permanently represent the Board on the Task Force, provided that the designated representative is selected in accordance with the bylaws and rules of the Board. (c) One non City Commission member of the Community Redevelopment Agency Board or the Chairperson of the Community Redevelopment Agency Advisory Board. President of Red Sunset Merchants Association, Hometown Inc., South Miami Homeowners' Association and Community Development Council of the South Dade Chamber. The Presidents of each organization may select a representative to permanently represent the organization on the Task Force provided that the designated representative is selected in accordance with the bylaws and rules of the organization (e) Two technical professionals. Section 2. This resolution shall take effect immediately upon approval PASSED AND ADOPTED this 6th day of June, 2000. ATTEST: CITY CLERK 36 READ AND APPROVED AS TO FORM: 37 38 39 40 CITY ATTORNEY 41 NOTE: New wording underlined APPROVED: fu_: • Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: RESOLUTION NO. 253 -99 -10876 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE; CREATING A ZONING TASK FORCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize that the Land Development Code (LDC) is in need for a comprehensive review and appropriate revision; and, WHEREAS, an undertaking to review and revise the LDC requires skill, judgment, wisdom and substantial commitment by volunteers; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to establish a Zoning Task Force to review and to make specific recommendations for revision to the LDC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City of South Miami Zoning task Force is hereby created. The Task Force will consist of sixteen (16) members and is composed as follows: (f) Five citizen members, with leadership and professional capabilities, representing various geographic areas of the City with one appointment each by the Mayor and the Commission. (g) Chairpersons of Planning Board, Environmental and Preservation Review Board, Historic Preservation Board and Recreation and Cultural Affairs Board. (h) One non City Commission member of the Community Redevelopment Agency Board or the Chairperson of the Community Redevelopment Agency Advisory Board. (i) Presidents of Red Sunset Merchants Association, Hometown Inc., South Miami Homeowners' Association and Community Development Council of the South Dade Chamber. (j) Two technical professionals. Section 2. The City of South Miami Zoning Task Force shall be charged with 'responsibilities of _reviewing and making recommendations to the City Commission regarding x g= Page 2 of Resolution No. 253 -99 -10876 necessary or useful revisions to the LDC. Section 3. The Planning Department will provide staff and necessary logistic support. Section 4. The majority of the members will constitute a quorum. Section 5. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 7th day of December, 1999. ATTEST: C Y CLERK READ AND APPROVED AS TO FORM: Y ATTO APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice .Mayor .Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Bass: 5 -0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: Charles D. curr City Manager DATE: June 6, 2000 RE: Agenda Item # (0 Authorization to purchase a Cushman 3 -wheel scooter for parking enforcement The attached resolution seeks approval for the purchase of a 3 -wheel scooter for the City's parking contractor. The Cushman Model No. 898474 is to be purchased from the Kilpatrick Company, a firm authorized to provide such equipment through State contract #070 - 840 -99 -1 The scooter is to be utilized by the parking enforcement unit to maintain coverage of the enforcement schedule. Funding for this expenditure is included in Public Works fiscal year 1999 -00 budget for the Motor Pool Division. The price quotation for this equipment was obtain through the vendor's State contract. Funding for this disbursement will come from Account No. 1760.519.6430 "Motor Pool Division - Equipment Operating ". This account currently has a balance of $52,437.00 remaining for the fiscal year. Approval of this expenditure is recommended. 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, REGARDING CONTRACTS, CONCERNING VEHICLES, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $161508.05 TO THE KILPATRICK COMPANY FOR THE PURCHASE OF A CUSHMAN SCOOTER FOR THE PARKING ENFORCEMENT UNIT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760.519.6430, "MOTOR POOL DIVISION " WHEREAS, the City of South Miami Parking enforcement unit requires the replacement of one of the front -line scooters from their operations, and; WHEREAS, funding for the purchase of the scooter is included in the Public Works budget for the 1999 -00 fiscal year. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained a competitive quote from The Kilpatrick Company based on the State Contract No. 070 - 840- 99 -01. Section 2. The City Manager is hereby authorized to disburse the sum of $16,508.05 to The Kilpatrick Company. Section 3. That this resolution shall be effective immediately after adoption. PASSED AND ADOPTED this 6th day of June 2000. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY From: Doug Andrzejewski To: W. Fernando Rodriguez Date•. 4!171100 Time: 05:17:25 page 1 of 1 43/2000 City of South Miami Attn: Mr. Fernando Rodriguez 4795 SW 75th Ave. South Miami, Florida ^33155 Dear Mr. Rodriguez. We are pleased to quote the following; cc: Mr. Ron Stroyne (1) Cushman Model 4898474, On -Road Police Vehicle; Automatic Transmission State Contract 4070- 840 -99 -1 Base Price: 515,600.25 Standard Features 3 )Xlieel Fiberglass Cab 2 -Speed Windshield Wipers Hydraulic Brakes Front & Rear Bumper Headlights Stop'Taillights Dimmer Switch Turn Signals Emergency Flashers Dome Lioht Speedometer Rearview Mirrors Heater/Defroster Lockable Steel Cargo Boni Floor Mat Hour Meter Horn Seat Belt Rear Fold -Out Windows Optional Accessories =888664 Cloth Door Left $271.70 888665 Cloth Door Right $271.70 =8971 56 Back -Up Alarm $117.80 =886040 Roof Vent 5121.60 jnbLt Amber Strobe Light 5125.00 Total Delivered Price With Accessories 516.508.05 Warranty: 1 Year Delivery: 60 -90 Days FOB: Destination Terms: Net 30 Days Sincerely, Sernng Florida * Central & Sou:h knerioa x Bahamas * ^aribbear. * Bermuda * Eurone * Mexico Established 1957 Corporate Headquarters: The Kilpatrick Company - 7700 High Ridge Road " Boynton Beach, Florida 33462 Phone #Sales (800) 782 -7399 "Fax # ( 561) 53 3-1500 "Parts & Service # (800) 431-0066 " nebsiteavr•n•.kilpatrickco, com SA&s * Sseslu 4 P­& * 4#aa" RU," * Sseoz" 4 #s"w4x& a Xioewla CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 6/2/00 AGENDA ITEM #_ FROM. harles VS�Urr Comm. Mtg. 6 /6 /00 City Manager Public Safety THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC SAFETY; AMENDING SEC. 15 -7 OF THE CODE OF ORDINANCES TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR FIREARMS STORED IN THE CITY OF SOUTH MIAMI; CREATING A PUBLIC DUTY; PROVIDING CIVIL PENALTIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND The attached ordinance sponsored by Commissioners Russell and Bethel is on for second reading and public hearing. The proposed ordinance is a local initiative to require firearms to be secured with a locking device when they are placed where a minor might gain access to the gun. The firearm -need not be secured when the weapon is on the person or close by in a place where the person can prevent access to it by a minor. For instance, a homeowner can remove the gunlock and place the gun in the nightstand drawer when he or she goes to bed at night . It would be a violation, however, if the gun is left in the drawer unsecured when the person is away and a minor is presented in the house. A violation is punishable as a Class V violation [$250 lit offence; $500 2nd offense). CITY OF SOUTH MIAMI OINTER - OFFICE MEMORANDUM To: Mayor and City Comm'n. From: Earl G. Gallop Date: April 26, 2000 / I Re: Ordinance requiring locking devices on weapons [Bethel, Russell] Subject: An ordinance relating to public safety; amending sec. 15 -7, of the code of ordinances to be entitled "locking devices required for firearms "; requiring locking devices on firearms stored in the city of South Miami. Discussion: Each year, locally and nationally, a multitude of children gain access to firearms that are stored in their homes and shoot themselves and others. Only a single gun manufacturer, Smith & Wesson, has made a commitment to put child -proof locks on weapons. This year, the state of Maryland passed legislation requiring new handguns to be equipped with built -in locks. Similar legislation proposed for Florida by Rep. Elaine bloom, D -Miami Beach, and Sen. Betty Holzendorf, D- Jacksonville, is buried in committee. The proposed ordinance is a local initiative to require firearms to be secured with a locking device when they are placed where a minor might gain access to the gun. The fireann need not be secured when the weapon is on the person or close by in a place where the person can prevent access to it by a minor. For instance, a homeowner can remove the gun lock and place the gun in the nightstand drawer when he or she goes to bed at night. It would be a violation, however, if the gun is left in the drawer unsecured when the person is away and a minor is present in the house. A violation is punishable as a Class V violation [$250 1st offense: 5500 2nd offense). The subject matter of the ordinance is authorized by the city's constitutional home rule powers. But, sec. 790.33, Fla. Stat., known as the "Joe Carlucci Uniform Firearms Act," expressly preempts to the state of Florida "the whole field of regulation of firearms ... including the purchase. sale, transfer, taxation, manufacture, ownership, possession, and transportation [of weapons] to the exclusion of all existing and future ... municipal ordinances and regulations relating thereto." The wording of the act, however. does not include within it preemption the regulation of the storage of firearms. The proposed ordinance does not attempt to regulate any of the subjects that the state expressly preempts. It does regulate something the state does not preempt. Recommendation: Approve the ordinance on first reading and schedule public hearing on second reading. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC 5 SAFETY; AMENDING SEC. 15 -7, OF THE CODE OF ORDINANCES 6 TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR 7 FIREARMS "; REQUIRING LOCKING DEVICES ON FIREARMS 8 STORED IN THE CITY OF SOUTH MIAMI; CREATING A PUBLIC 9 DUTY, PROVIDING CIVIL PENALTIES; PROVIDING FOR 10 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE I 1 DATE. 12 13 14 15 WHEREAS, the Mayor and City Commission of the City of South Miami are 16 charged with protecting the public health, safety and welfare; and, 17 18 WHEREAS, each year in the nation, in the State of Florida and in Miami -Dade 19 County, Florida, a multitude of children gain access to firearms that are stored in their 20 homes with the painful result that many innocent persons are injured. maimed or killed; 21 22 WHEREAS, the Mayor and City Commission recognize that the Florida 23 Legislature preempted the field of regulation of firearms as provided by sec. 790.33, 24 Florida Statutes, and that it specified the subject matter over which municipalities are 25 excluded from enacting ordinances. Providently, by specifying the subject matter that 26 municipalities may not regulate the Florida Legislature omitted mention of regulation of 27 the storage of firearms. The Mayor and City Commission acknowledge that the Florida 28 Legislature is presumed to have intentionally omitted the regulation of the storage of 29 freanms from its preemption of the specified subject matter. By enacting this ordinance, 30 it is the intent of the Mayor and City Commission to provide for public safety in the 31 storage for firearms in the limited area that is not preempted by the Florida Legislature; 32 and, 34 WHEREAS, the Mayor and City Commission desire to establish a standard of care 35 for the safe storage of firearms in residences to reduce the likelihood that children and 36 others will be injured hV guns. 37 38 NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 1. Section 15 -7, entitled "Reserved ", of the City of South Miami Code 42 of Ordinances is amended to read: 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 29 30 31 32 JJ 34 35 36 37 38 39 40 41 Sec. 15 -7. Locking devices required for firearms. (1) "Locking device" means a device that when installed on a firearm and secured by means of a key or a mechanically or electronically operated combination lock prevents the firearm from being discharged without first deactivating or removing the device. (2) If a person stores or leaves a firearm at any location where the person knows or reasonably should know that a minor might gain access to the firearm, the person shall secure the firearm with a locking device except when it is carried on his or her body or is located within such close proximity that the person can retrieve the firearm and prevent access to it by a minor. (3) A violation of this section is a breach of a duty of safety owed by the person who owns or possesses the firearm to all minors who might gain access to it and to the general public. (4) A violation of this section is punishable as a class V civil violation. No courtesy notice shall be issued to the violator. Section 2. If any section. clause, sentence, or phrase of this ordinance is for anv reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be published in the City of South Miami Code of Ordinances. Section 5. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of .'1000. ATTEST: CITY CLERK APPROVED; MAYOR 1'` Reading �nd Reading — Additions shown by underlining and deletions shown by 2 READ AND APPROVED AS TO FORM 3 4 CITY ATTORNEY 6 7 8 Dell 6100,Documents\City of South MiainO022- 001\2960.doc COMMISSION VOTE: Mayor Robama: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by, The Florida Statutes Page I of 2 The 1999 Florida Statutes View Statutes Order Statutes Online Sunshine Print View Title XLVI Chapter 790 View Entire Chapter CRIMES Weapons and Firearms 790.33 Field of regulation of firearms and ammunition preempted. -- (1) PREEMPTION. -- Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited. (2) LIMITED EXCEPTION; COUNTY WAITING- PERIOD ORDINANCES.-- (a) Any county may have the option to adopt a waiting - period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting - period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting - period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection. (b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk -in retail sale but does not include gun collectors shows or exhibits, or gun shows. (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02. (d) The following shall be exempt from any waiting period: 1. Individuals who are licensed to carry concealed firearms under the provisions of S. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license; 2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade -in; http: / /www.Ieg.state.fl.us/ citizen/ documents /' statutesi StatuteBrowser99 /index.ef...iSE03).HT 4,,27/00 The Florida Statutes Page 2 of 2 3. A law enforcement or correctional officer as defined in s. 943.10; 4. A law enforcement agency as defined in s. 934.02; 5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or 6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement. (3) POLICY AND INTENT. -- (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b) As created by chapter 87 -23, Laws of Florida, this section shall be known and maybe cited as the "Joe Carlucci Uniform Firearms Act." History. - -ss. 1, 2, 3, 4, ch. 87 -23; s. 5, ch. 88 -183. http: / /www.leg. state. fl. us /citizenidocuments/ statutes /StatuteBrowser99 %index.cf... SEC33.HT 4 /27/00 Miami Herald: Maryland advances handguns -lock bill Page 1 of 2 ephew has a home page. Published Wednesday, April 5, 2000, in the Miami Herald Maryland advances handguns -lock bill Governor expected to sign it ANNAPOLIS, Md. -- (AP) — The Maryland House has sent the governor legislation that would make the state the first to require new handguns to be equipped with built -in locks, allowing no one but authorized users to fire them. The locks will be required by 2003 under the bill, approved Monday night by the House. Until then, all guns sold will have to be equipped with external trigger locks, beginning in October. The bill would prohibit anyone convicted of a violent crime as a juvenile from possessing a handgun until age 30 and would require gun manufacturers to provide a ballistic fingerprint of shell casings of all new handguns. The measure also imposes five -year mandatory minimum sentences on some convicted felons caught illegally possessing a handgun. No other state has approved such a measure. Maryland Gov. Parris Glendening is ready to sign the bill, which the Senate has approved. This bill will take a giant step toward creating safer communities, not just in Maryland but across the country," Glendening said. He predicted that within 18 months, six to 12 states will move forward on similar legislation. Opponents, representing largely rural and conservative suburban areas of Maryland, tried 10 times to amend the bill in hopes of derailing it. Opponents said the built -in locks would embolden burglars and would -be rapists. "The bad guys know you're not going to have time to get that lock off," said Delegate Carmen Amedori, a Republican. Emotional speeches from opponents were greeted with thunderous applause from the House gallery above, which was packed with opponents. The National Rifle Association had run television ads since Friday attacking the bill. The 30- second ads featured the governor as he fumbled at a news conference trying to open a push- button combination lock on a handgun. http: / /www.miamiherald.cora/ content / today / news /national /dlgdocs /082356.htm 4/5/00 Miami Herald: Maryland advances handguns -lock bill Your second cousin's nephew has a home page. Contact Us Copyright 2600 Miami Herald Page 2 of 2 http:// www .miamtherald.com/content/today/ news /national /digdocs /082356.htm 4/5/00 Miami Herald: Gun bills languishing in the state Legislature Page 1 of 3 Time for a coffee break? • Published Wednesday, April S, 2000, in the Miami Herald Gun bills languishing in the state Legislature STEVE BOUSQUET sbousquet @_herald.com TALLAHASSEE — The nation's biggest gun maker has agreed to put child -proof locks on weapons and two states are rushing to pass trigger -lock laws, but similar proposals have been quietly buried again in the Florida Legislature -- long a safe haven for the gun lobby. Even legislation that would outlaw guns in hospitals -- inspired by a pair of shootings in Miami -Dade County -- was defeated by a House committee loyal to the National Rifle Association. With the 2000 session nearly half over, bills requiring trigger locks on handguns in homes with children have not been heard by any committee. Lawmakers have carved out time to debate the need for a state barbecue commissioner, but gun bills are languishing and a key senator would not say Tuesday whether a hearing would be held. "I want to keep you curious," said a smiling Sen. John Grant. R- Tampa, chairman of the Senate Judiciary Committee, declining Tuesday to say whether the issue would be debated. Grant is a longstanding opponent of gun restrictions and, like any committee chairman, he holds life or death power over which bills are heard. II SEE ALSO II 'KEEP YOU GUESSING': Sen. John Grant, R- Tampa, chairman of the Senate Judiciary Committee, declines to say whether the gun issue would be debated. ■ Maryland advances handguns -lock bill Any bill assigned to a committee that is not heard is effectively dead unless legislative leaders agree to send the bill elsewhere. Grant did say he was happy to hear that 37 percent of Florida families with children own guns. "It's good to know their safety is ensured by something other than 911," said the Tampa lawyer. GOING NOWHERE Sen. Betty Holzendorf, D- Jacksonville, sponsor of the Senate version of the legislation. said she leaves notes on Grant's desk daily, but has not yet heard from him. "It doesn't look like we're going to get a hearing," she said. Weeks ago, the parents of a 6- year -old Jacksonville boy who died from an accidental gunshot at a friend's home appeared at a Capitol news conference to draw attention to the trigger -lock issue. http: /, /www.miamiherald.com/ content /today /docs /052674.htm 4/5/00 Miami Herald: Gun bills languishing in the state Legislature Page 2 of 3 "If we can put safety locks on medicine, we need them on guns," said Rep. Tony Hill, D- Jacksonville, sponsor of the House trigger -lock legislation. "If we tell people to wear seat belts because of too many deaths without them, then we need to have trigger locks on guns in houses where children are living or may be visiting." Rep. Howard Futch, R- Melbourne Beach, chairs the House committee that has been assigned the House trigger -lock bill. He said Tuesday that he did not know where the bill was. "I may have it buried in there somewhere," Futch said. A 'LOOK AND SEE' Asked if the bill might be heard next week, Futch said: "I don't know. We'll take a look and see. I'll take a look at it.... I haven't heard anything about it. Nobody's excited yet. They will be if they see it on the agenda, though." "They" is Marion Hammer, the NRA's tenacious Tallahassee lobbyist, who has worked tirelessly to thwart passage of any new gun laws. Hammer says existing law makes it a crime for parents to not keep a loaded gun stored in a locked box or kept safely out of a child's reach. Hammer, a familiar figure in the Capitol halls, has even succeeded in defeating legislation that would have prohibited carrying concealed weapons in medical facilities. The bill was filed by Rep. Willie Logan, D- Opa- locks, after two shootings in Miami -Dade hospitals. Hammer was not impressed that Maryland was trying to follow the lead of Massachusetts, where a new law requires child -proof locks, safety warnings, and tamper- resistant serial numbers on all weapons sold in the state. The Massachusetts law relies on the attorney general's power to regulate consumer products. "What do you expect from the state that gave us Ted Kennedy ?" Hammer said. "Those are two states in the union that don't even belong here." GUN CONTROL Another gun - control bill going nowhere, sponsored by Rep. Elaine Bloom, D- Miami Beach, would require child -proof locks and background checks on anyone who buys a weapon in public, such as a gun show or weekend flea market. That bill, too, was assigned to Futch's House Law Enforcement & Crime Prevention Committee, where it has disappeared from sight. "That committee was put together as a very friendly committee for the NRA," Bloom said. Logan, who filed the bill to ban guns in hospitals, said he admired the NRA for its tenacity and that the climate on gun control won't change soon. "Given the makeup of the Legislature at this point in time and the influence the NRA has, it's very difficult here in Florida to pass any law or even have a real discussion on better laws on their use and access," said Logan, who attributed the pro -gun climate to "very little activism" by Floridians who favor gun control. Hammer was busy Tuesday lobbying Sen. Walter "Skip" Campbell, D- Tamarac, to drop his bill that would require integrated locks on all new guns sold in the state. As drafted, Hammer told Campbell, the bill amounts to "extortion" on gun manufacturers. http:// www .miamiherald.com/content/today /docs /052674.htm 4/5/00 Miami Herald: Gun bills languishing in the state Legislature Hammer said she was glad to see the trigger -lock bills were going nowhere. "There comes a point in time where you stop wasting precious time on legislation that never was a good idea," Hammer said. Herald staff writer Phil Long contributed to this report. ` Time for a coffee break*? 0 • Contact Us Cop right.2000 Miami Herald Page 3 of 3 http:// www .miamiherald.com/content/today /docs /O52674.htm 4/5/00 oa aocn� no � Go Op C. vim.? r' O CD A c o g.a•�fD,� g n c E� s� a y� xdM n::y -' �' ,mot O y, •, �• ^+ p 3 o`er' o�a•e��°o- of°.c�.:�c =•�0 mnmmy Oy OO or. Odd 0 X vi O O ►� is "'� ?' .t «� a 0 •• p, a 0 0 - oo p 0; w a, � � iOOf H � ss � o ° 'G C O" y �`C. �' y• y 4 Cam.. .�+ n H n N'm g< o d < .. Q O.— 0 (D C. Flo 0.� -•,^„ mogbaoE�,o �co�ca. ID � ...0 •nao w .O.<c gbcsp ~•��� O y �, R :. G X � • O . 0 o ►oi vM a• �pj1 °` mil u N �w g 5 �,� La 0 cm 0 rp• N Op p- M n g .,�� .�. O� . y O ,�I,•pp .► w tr K�R9 0-0 � <r-0 0 O ��_ ^ O CD fb go OQ 0.0 M p 'Op M M, f0 t0 (D g°� yn°'aCcoc"o spa rt �- a. ,; n t M. n g c H ., ti m W gdo a n� 3 n 0.0 r- �-nw CL WO.= i M_OM Zr+= ?'3 O AD r0 0 -4 ?0m CD �7 3 to c m o c a" -1.0 �T�� �r ZCD "•• ? 7 r ',r i p n�O_ �� p•c a000 n m emf+ -% mr+c 5 co� r) OC ar ca 30 3 no � r.+ a o m 10 CD m — cn G 7 N,a� �m3� c C A GD CD CA ca ( � a O c w = cr 30P ca0 _w o O C=4� 3� w 3 3CD n = 3 „ CD cum f 3 3 CD C a 3- CD , 3 crv+ mo S' m PO o= -7 -7 3 O ?Or C " � CA S '� p w m C 3 0 -3 O co CL CD CA a � cr o w o CL CD --I CD m nZ =In T O 3 (D (D H � CA ' w O " C40 p C -4 to � m - Bill Index Page 1 of 1 Florida Legislature Session Information View House Bills Search Bill Text Online Sunshine Senate 0242: Relating to Firearms/ Locking Devices Bill By Hundreds <Pre_v Bill Text(i) Amendments(o) Staff Analysis(o) Vote History(o) Citations Next> 5 242 GENERAL BILL by Holzendorf; (CO- SPONSORS) Dyer; Dawson; Meek; Geller; Klein; Kurth (Identical H 0813, Compare H 1877) Firearms /Locking Devices; defines term "locking device "; provides that locking device may be used for purpose of lawfully storing firearm within access of minor, as defined; requires person to secure firearm with locking device under specified circumstances when firearm is left or stored on premises where such minor resides; provides penalties for failure to store or leave firearm in required manner, under specified circumstances. Amends 790.001,.174. EFFECTIVE DATE: 10/01/2000. 10/07/99 SENATE Prefiled 11/05/99 SENATE Referred to Criminal Justice 03/07/00 SENATE Introduced, referred to Criminal Justice -SJ 00024 03/08/00 SENATE Withdrawn from Criminal Justice -SJ 00135; Rereferred to Judiciary; Criminal Justice -SJ 00135 Bill Text: (Top) Bill Name Date Posted Available Formats S0242 02/12/2000 HTM_L, PDF Amendments: (Top) S 0242: NO AMENDMENTS AVAILABLE Staff Analysis: (Top) NO STAFF ANALYSIS AVAILABLE Vote History: (Top) NO VOTE HISTORY AVAILABLE Citations: (Top) --------------------------------------------------------------------- - - - - -- STATUTE CITATIONS :(Top) 0790.001 0790.174 CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL. http: / /www.Ieg.state.tl.us/ session/ 2000 /biIlinfo /index.cfm` ?Mode= ViewBilIInfo &BiIINum =0242 3/28/00 E www.heraid.com THURSDAY, MAY 25,2000 10 > 17, �' 81 C/) �;I " :4 'Z 04 CL Jill CD n co> C) r5' H .4 non n C) 4; y, m Ei- -TI M -2 El M oil rrl ET :21 > �oro Ao Ega > D EL -TI C) 0:jf: tz� PC' '71 > z e z .62" S to C% ro o 4, 0 m 0 'n M C obi 0 dim • • ► • A) 0 M " j= �tj 0 r) 0 > -.0 4 0 w 0 �;' 0 0 0 :Q w 0 11 4 rD CD C M -- CD 0 :31 0 ci I atqr W r 0 — — 0 '4 K 5 " CD 0 Ook W� M Q 0 r) rL CD 0 tJ IOD o ID 10 0 (D 0 n y *ONO 6o; CA (D 0 0 It o IKJ W CD W M CD --W Fi C) rL 0 OMON I A) CD M 0 90 p CD o P-4 C) '4 — " W 4 Lo (D (D M 0 w 0 '4 CZ) cn Irj 'Ti 1 w 'o m rL �r 6- � M ID —M El (D o s"o (D ID 0 rD (D 0- (D n 0 W:� 0 P . Cr 0 P M PV 10, �r 0 (D 7 .11 0 (D 0 rL SD (D A5 t= (D M I-t �3' O 0 a, A, CD W A) Q 0 t -- M CD (D 0 (D w tz 0 - 0 W 4 W , o t�' 0 OQ 0 Z� , CD 0 0 30 0 0. t7. P5 CL CD t3 �3- 5' m Er > (D (D 0 (D Q� c) M M (D fD 0 CL cn 0 crQ 0 W 8' � M M < ID rD 0 v - 0 , E, �t m CD n (D 0 m 0 0 — W. 0 'a CD -.. o :31,5 0 - eb cD CITY OF SOUTH MIAMI W INTER- OFFICE MEMORANDUM To: Mayor and 7curr Commission From harles D. City Manager REQUEST: Date: June 3, 2000 Agenda Item 9 Comm. Mtg. 06 -06 -00 Re: Final Plat Request for 6523 Miller Drive A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A FINAL PLAT, PURSUANT TO SECTION 20- 4.2(B) OF THE LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE, AND SECTION 28 -4 OF THE COUNTY CODE REGARDING THE PROPERTY LOCATED IN THE RT -6, "TOWNHOUSE RESIDENTIAL DISTRICT," LOCATED AT 6523 SW 56 STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES, PROVIDING FOR A LEGAL DESCRIPTION AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: On March 7, the City Commission through a resolution 4 57 -00 -10950 approved a Tentative Plat to divide a tract of land described as property folio 09 4024 000 0690 THE EAST 228 FEET OF THE WEST 624 FEET OF THE SOUTH 1/2 OF THE SW/40F THE SW 1/40F THE SW 1/4 OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LESS THE SOUTH 50 FEET THEREOF, LYING AND BEING IN MIAMI - DADE COUNTY, FLORIDA. The purpose of the proposed final plat is to divide the 1.53 acre vacant site into nine lots, so that one townhouse unit can be built on each parcel. The site is within the "RT -6" Townhouse Residential District. The purpose of this district is to provide suitable sites for the development of well - planned, environmentally compatible, low density townhouse projects on sites of at least 60,000 square feet. Located in such a manner as to serve as an effective transition between single - family and more intensive multi - family residential or commercial areas. SPECIFIC PROJECT DATA: Maximum Density (units /acre) Minimum Site Size Net Area Frontage Allowable 6 60,000 sq. ft. 200 ft. Proposed 5.9 66,632 sq. ft. 228 ft. Minimum Lot Size Net Area 3,000 sq. ft. Varies from 4,475 sq. ft. to 6,604 sq. ft. Frontage 25 ft. Varies from 51.83 ft. to 67.17 ft. Proposed Lot Sizes: Lot 1: = 6,604.30 sq. ft. Net Area (Irregular Lot) Lot 2: = 4,992.78 sq. ft. Net Area Lot 3: = 6122.47 sq. ft. Net Area (Irregular Lot) Lot 4: = 6,604.91 sq. ft. Net Area (Irregular Lot) Lot 5: = 4,992.78 sq. ft. Net Area Lot 6: = 6,123.43 sq. ft. Net Area (Irregular Lot) Lot 7: = 5,367.76 sq. ft. Net Area Lot 8: = 4,475.00 sq. ft. Net Area Lot 9: = 5,369.00 sq. ft. Net Area Proposed Common Open Space: Track "A" = 4,476.03 sq. ft. Proposed Private Road: Track `B" = 12,583.80 sq. ft. ANALYSIS: The proposed final plat provides a development that consists of nine new townhouses, a private road and a common open space, located at 6523 S.W. 56 Street (Miller Drive). Dedicated utility easements are shown on the final plat, including a twelve -foot (12') water easement and a ten -foot (10') easement for FPL. The nine lots are on septic tank. The location is consistent with the RT -6 zoning on the north and west abutting properties. The east and south of Miller Drive are zoned RS -3 Single Family. The proposed final plat is creating tracts that are larger than required by the land development regulations for RT- 6. The development is both consistent with the land development regulations and the Compressive Master Plan. APPLICABLE REGULATIONS: Land Development Code • Section 20 -3.5 Dimensional Requirements • Section 20- 4.2(b) Land Subdivision Regulations • Section 20 -4.1 Adequate public facilities Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Miami -Dade County Code • Chapter 28 -4 Subdivision Regulations RECOMMENDATION: Approval Staff feels that the proposed platting will not adversely effect the health or safety of persons residing in the vicinity of the final plat and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any approval of this request is subject to County review and approval, and compliance with the City's Land Development Code, the Comprehensive Plan, and Section 20 -4.1, adequate public facilities of the Land Development Regulations. Attachments: Proposed Resolution Application Final Plat I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A FINAL 5 PLAT, PURSUANT TO SECTION 20- 4.2(B), LAND SUBDIVISION 6 REGULATIONS, IN THE LAND DEVELOPMENT CODE, AND SECTION 7 28 -4 OF THE COUNTY CODE. REGARDING THE PROPERTY LOCATED 8 IN THE RT -6, "TOWNHOUSE RESIDENTIAL DISTRICT," LOCATED AT 9 6523 SW 56 STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR 10 BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF 11 ORDINANCES, PROVIDING FOR A LEGAL DESCRIPTION, AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the subject property is located at 6523 SW 56 15 Street, and is legally described as follows: 16 17 The East 228 Feet of The West 624 Feet of The South 18 of The SW 1/ of The SW Y4 of the SW % of Section 24, 19 Township 54 South, Range 40 East, Less The South 50 20 Feet Thereof, Lying and Being In Miami -Dade County, 21 Florida; and 22 23 WHEREAS, Cesar E. Molina, owner of the property, 24 submitted an application requesting a final plat, pursuant 25 to Section 20- 4.2(b) of the Land Subdivision Regulations; 26 and 27 28 WHEREAS, Planning & Zoning staff have recommended 29 approval of the application for said final plat, which is 30 based upon (a) the merits of the application as it relates 31 to requirements in the Land Development Code and (b) the 32 application's consistency with the City's adopted 33 Comprehensive Plan; and 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 Section 1. That the application submitted by Cesar E. 39 Molina requesting a final plat, pursuant to Section 20- 40 4.2(b) of the Land Subdivision Regulations, is granted; and 41 42 Section 2. That the drawings submitted by the 43 applicant, as part of the record for this City Commission 44 meeting, and prepared by Land Surveyor Narciso Jose 45 Ramirez, dated April 9, 2000, shall be the guiding plan for 46 development; and 47 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 Section 3. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. APPROVED: MAYOR Commission Vote Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: City of South Miami Na>aning & Zoning Department 6130 Sansei. Drive, S,oith Miami, Florida 33143 1., Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591 ApFli ati�r For Waiver of Plat Address of Subject Property: , Lot(s) Block Subdivision raS2S MILLER a2. � PB - R /A. Meets &Bounds: S�C,�24 TWP— 4Q 5,— RAE. 'QO E - - --- ---------- - - - - -� ---- - - - - -- Applicant: t SAKCA.tE LLC-. , Phone: , 766 412 a 406. Representative: CES LIR E - MbLM& i Organization: , SAMCp,CE LI.C. Address: 97 TER. {2371 sw -- - - - - -- 'Phone Property Owner: SAWkCACE LLC . , Signature: ---------------------------------- 1-- - - - - -- Mailing Address: ,Phone. 12371 Sw 97 TER. rra -- -- - - - - -- 3t2 t' ____ V . Surveyor: N ARCJ►5© J05E 12Af�lt QE � Phone: 30S 5960666. AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ✓ Owner Owner's Representative Contract to purchase `Option to purchase Tenant/Lessee Please answer the following: SUBMITTED MATERIALS PLEA,'! CHECK ALL THAT APPLY: �K „/Application Form t/Warranty Deed(s) Letter from Owner(s) ` Power of attorney Contract to purchase 44,Waivef -of Plat (22 copies) it-.4A-}u,e igned & Sealed by a Registered Surveyor Required Fee(s) Zoning District: RT6 Septic Tank or Sewer: SEPTIC TAK{< Public or Well Water Supply: PUBLIC WATEQ SUPPLY Lot Frontage(s): 22$ FT. Net Lot Area(s): 66.632 5Q. FT Setbacks for Existing Building(s): ly ja, CWT) Existing Building Coverage(s): tAM (LOT) Existing Impervious Coverage(s): A/A (LOT) F.A.R. (For Commercial Only): RIp, Abutting Streets / Right -of- way's: SW 56 %. ST. (RI LL5Z 0e.) The undersign correc�� � t/ant' pleted application and represents that the information and all submitted materials are true and ;Vplknowledge and belief. Po%-�v title 01/21/00. Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed City Approval County Approval Concurrency Method of Payment LU... -W.W Ky 3260 Of htiC� 4 V p� Y vW 2 V LQ at �� (`Z�� � W 2 2 r •�� V Wtye I V � N� Wv �sz .� V W Q' W ! d O V p rc d im F >�>O_ v 2a" � NiocN 2 oa 0 a wv0 F Wy42 alt hv.J v?O t 024� ll�• _y b d, 11 W f`� •AV 2 V C ff= - yW. O v K pC��, 2 mW W2: W'h QOSIkz 3 � O �F NV` � W"VW vev:�J �Z Ie. Qij O J h =ti0 %D O �. K -� ?C ` QJV W h yth h 0.yi >.�tpi =OrN Q ° Y eW ¢iWi E VJpk7 Z h'2g ,ii0< � kIkz �A o o �2 �Qq i 43�oi 0 Z2 v%�Sl.�sap.?�31F hg N ; Wt :W pO �.j r W2V Zh ra 2 220- 2t��rE 4k q do 4k�n @ tiearc� V z2 O aN!0hv�3gW hq. �L U 4� ?•nC2t� yf?p� <4 �3¢ 2VNJNF02tiZV O -+ OO Q2ve�0 CWQ� tir �F� do o QtiQ�xF I a�?�a� h. Nti .¢i i^ hhWti p`�r 4ti2 JO`%tp 4 ti ^ O I. iju �i W ytp >Z4 W 'WJ h NV•q WTW3v �Wp ti' gW'��:QCi < I�QC� 'nh W Wh44�.W „O�w g0.ti m 2 dm. <r�' @401 i N ivVi���.. hZ JZ.nO Wm0.2 �Q� WtQ.2 $loan is 3'00001 F'. W W F” W JF •Z++.vi J J�Z j O 1 n O m Jw . WN_WQ O x y ^ a d o 4 v a t �h � eWrD33 =3�2k H 4 ti �3 � udjtiwki.� 0 2e2a3 J h� jqW LC NW ^zoaDi2i Q lee a ZW3�Co o��2n Q ¢� > =n N xZ vCQ ae �IHWW v KOZewQ v QW2 ~C W tiJ LU w "L WW Q g2he70 NI i ti Hw o>. >.D h 4�Z}iC' Nti�'2d ^IZ. te. !i On v JOm'xti. y'' Z Q2W O�;,30~'yW 4\ I �q F.ZY JWWgv O wpZ W4 p( hW J eor N�a�C� �N 20 (3 >� n?Fi w�a3 @m �� O�'�2ovN�wh W�ti W *KW IL�,zRR� o ven$fa F$S.>W W � . O �7 iWOwt ha2`c ?Ko�Wt ua2,W w„np >� 20. pw u V4env,Fw aWQ F T 4 o w5 W tiOWZW h4 oW �W t^� d hveKocZv?ti��h_ _tiov _�I�Fq� 2u ti� °vita e _2 W W 0 4 -.. Fp3 N i0 •6w n N W Q 3Y0. IL V O wNQ C VJ Wt0 d< ti �hh QK'W 0?• QJO Jv� 2; VI P IW N� N p 0 p21Lu F0. �Q,nN W3p o, t? 2 k 441 or Fn QW w 1 a ¢ • T N• N o µ 4 U ppZ�t II w 0. i�•[.iu 11 II L a a0 Fh per, •VhJ U� >.In F \ W I - N2oC �•F.' o�ry v J 4 v JOwt �Z ao 11 �Ykj Y p O In `a. a Q an Q n InWF o°n of ion :o r0N m1� Ll of LLh = Z O ��� wnh ' v ZyNj 0 �NW ?L �,�. lL �. I,•�i h2ci Wwti_ 4 O N\� � 14'tiO.w9 o.Q3 W.ti e �NU1 bi H 3 2 v m o�Ol te+W g! 40 oQ �a� qa <� tiW V i W k Ip�W IS-.h 1N9 D�� WO V� O,WN .1O Itlg2 h0ti 4ZiW Z W� to Whj h Q W S k�r 0 Y.0 2Q'Ck WF p4 <WW Q1 Nq 4r[WOW � 2 V p In V zA r� W LL' �2 v o p W� a w 4e 2 ¢tip n W3ow w�3�< Nh �+ 2 ° W°u F:v" V�mQ W 4 wad �{ Z wti NN �rc39Wi QQj I �qzT W e Q � Nj.N u�VUa n he W40 Qo� JW. 3? � (LONG¢ 42NS W3' YnJ �W lz3F '12�Ww3 Yf° J rco?c° � elan° v e� LU... -W.W Ky 3260 Of htiC� 4 V p� Y vW 2 V LQ at �� (`Z�� � W 2 2 r •�� V Wtye I V � N� Wv �sz .� V W Q' W ! d O V p rc d im F >�>O_ v 2a" � NiocN 2 oa 0 a wv0 F Wy42 alt hv.J v?O t 024� ll�• _y b d, 11 W f`� •AV 2 V C ff= - yW. O v K pC��, 2 mW W2: W'h QOSIkz 3 � O �F NV` � W"VW vev:�J �Z Ie. Qij O J h =ti0 %D O �. K -� ?C ` QJV W h yth h 0.yi >.�tpi =OrN Q ° Y eW ¢iWi E VJpk7 Z h'2g ,ii0< � kIkz �A o o �2 �Qq i 43�oi 0 Z2 v%�Sl.�sap.?�31F hg N ; Wt :W pO �.j r W2V Zh ra 2 220- 2t��rE 4k q do 4k�n @ tiearc� V z2 O aN!0hv�3gW hq. �L U 4� ?•nC2t� yf?p� <4 �3¢ 2VNJNF02tiZV O -+ OO Q2ve�0 CWQ� tir �F� do o QtiQ�xF I a�?�a� h. Nti .¢i i^ hhWti p`�r 4ti2 JO`%tp 4 ti ^ O I. iju �i W ytp >Z4 W 'WJ h NV•q WTW3v �Wp ti' gW'��:QCi < I�QC� 'nh W Wh44�.W „O�w g0.ti m 2 dm. <r�' @401 i N ivVi���.. hZ JZ.nO Wm0.2 �Q� WtQ.2 $loan is 3'00001 F'. W W F” W JF •Z++.vi J J�Z j O 1 n O m Jw . WN_WQ O x y ^ a d o 4 v a t �h � eWrD33 =3�2k H 4 ti �3 � udjtiwki.� 0 2e2a3 J h� jqW LC NW ^zoaDi2i Q lee a ZW3�Co o��2n Q ¢� > =n N xZ vCQ ae �IHWW v KOZewQ v QW2 ~C W tiJ LU w "L WW Q g2he70 NI i ti Hw o>. >.D h 4�Z}iC' Nti�'2d ^IZ. te. !i On v JOm'xti. y'' Z Q2W O�;,30~'yW 4\ I �q F.ZY JWWgv O wpZ W4 p( hW J eor N�a�C� �N 20 (3 >� n?Fi w�a3 @m �� O�'�2ovN�wh W�ti W *KW IL�,zRR� o ven$fa F$S.>W W � . O �7 iWOwt ha2`c ?Ko�Wt ua2,W w„np >� 20. pw u V4env,Fw aWQ F T 4 o w5 W tiOWZW h4 oW �W t^� d hveKocZv?ti��h_ _tiov _�I�Fq� 2u ti� °vita e _Jl:e •t 0 NF p t9 Fp3 N 0 ^ N Ftih� WW\ N W Q W hNNV wNQ C no WV y J a •QNN ww3 ou) 0 Jv� 2; VI P � nm0. n3� FCC 'u W �Q,nN W3p w W a I ONN = J QW w 1 a ¢ • T N• N o µ � � � O 9 II w n .. 11 II L 3aZ� U� x� K �3w D N 11 �� W23 O N N v lQ InWF taNO � w d 2 3 LC Ll ~moeZo LL IL2 r Oti� D31x- 4 �NW �INw��; Q�Nhd•S¢ ' 4 O N\� J �NU1 LU... -W.W Ky 3260 Of htiC� 4 V p� Y vW 2 V LQ at �� (`Z�� � W 2 2 r •�� V Wtye I V � N� Wv �sz .� V W Q' W ! d O V p rc d im F >�>O_ v 2a" � NiocN 2 oa 0 a wv0 F Wy42 alt hv.J v?O t 024� ll�• _y b d, 11 W f`� •AV 2 V C ff= - yW. O v K pC��, 2 mW W2: W'h QOSIkz 3 � O �F NV` � W"VW vev:�J �Z Ie. Qij O J h =ti0 %D O �. K -� ?C ` QJV W h yth h 0.yi >.�tpi =OrN Q ° Y eW ¢iWi E VJpk7 Z h'2g ,ii0< � kIkz �A o o �2 �Qq i 43�oi 0 Z2 v%�Sl.�sap.?�31F hg N ; Wt :W pO �.j r W2V Zh ra 2 220- 2t��rE 4k q do 4k�n @ tiearc� V z2 O aN!0hv�3gW hq. �L U 4� ?•nC2t� yf?p� <4 �3¢ 2VNJNF02tiZV O -+ OO Q2ve�0 CWQ� tir �F� do o QtiQ�xF I a�?�a� h. Nti .¢i i^ hhWti p`�r 4ti2 JO`%tp 4 ti ^ O I. iju �i W ytp >Z4 W 'WJ h NV•q WTW3v �Wp ti' gW'��:QCi < I�QC� 'nh W Wh44�.W „O�w g0.ti m 2 dm. <r�' @401 i N ivVi���.. hZ JZ.nO Wm0.2 �Q� WtQ.2 $loan is 3'00001 F'. W W F” W JF •Z++.vi J J�Z j O 1 n O m Jw . WN_WQ O x y ^ a d o 4 v a t �h � eWrD33 =3�2k H 4 ti �3 � udjtiwki.� 0 2e2a3 J h� jqW LC NW ^zoaDi2i Q lee a ZW3�Co o��2n Q ¢� > =n N xZ vCQ ae �IHWW v KOZewQ v QW2 ~C W tiJ LU w "L WW Q g2he70 NI i ti Hw o>. >.D h 4�Z}iC' Nti�'2d ^IZ. te. !i On v JOm'xti. y'' Z Q2W O�;,30~'yW 4\ I �q F.ZY JWWgv O wpZ W4 p( hW J eor N�a�C� �N 20 (3 >� n?Fi w�a3 @m �� O�'�2ovN�wh W�ti W *KW IL�,zRR� o ven$fa F$S.>W W � . O �7 iWOwt ha2`c ?Ko�Wt ua2,W w„np >� 20. pw u V4env,Fw aWQ F T 4 o w5 W tiOWZW h4 oW �W t^� d hveKocZv?ti��h_ _tiov _�I�Fq� 2u ti� °vita e _Jl:e •t 0 NF p Hi Fp3 N 0 ^ N Ftih� WW\ OO2 NO ^ hNNV wNQ C no WV y Q�\N Nm W�V �Nw3u1 t��gN •QNN ww3 ou) 0 Jv� 2; VI P nm0. n3� FCC �Q,nN W3p w W a I ONN = J QW w ¢ • T N• N o µ � � � O 9 II w n .. 11 II L K N I•�D,rI.. �� LU... -W.W Ky 3260 Of htiC� 4 V p� Y vW 2 V LQ at �� (`Z�� � W 2 2 r •�� V Wtye I V � N� Wv �sz .� V W Q' W ! d O V p rc d im F >�>O_ v 2a" � NiocN 2 oa 0 a wv0 F Wy42 alt hv.J v?O t 024� ll�• _y b d, 11 W f`� •AV 2 V C ff= - yW. O v K pC��, 2 mW W2: W'h QOSIkz 3 � O �F NV` � W"VW vev:�J �Z Ie. Qij O J h =ti0 %D O �. K -� ?C ` QJV W h yth h 0.yi >.�tpi =OrN Q ° Y eW ¢iWi E VJpk7 Z h'2g ,ii0< � kIkz �A o o �2 �Qq i 43�oi 0 Z2 v%�Sl.�sap.?�31F hg N ; Wt :W pO �.j r W2V Zh ra 2 220- 2t��rE 4k q do 4k�n @ tiearc� V z2 O aN!0hv�3gW hq. �L U 4� ?•nC2t� yf?p� <4 �3¢ 2VNJNF02tiZV O -+ OO Q2ve�0 CWQ� tir �F� do o QtiQ�xF I a�?�a� h. Nti .¢i i^ hhWti p`�r 4ti2 JO`%tp 4 ti ^ O I. iju �i W ytp >Z4 W 'WJ h NV•q WTW3v �Wp ti' gW'��:QCi < I�QC� 'nh W Wh44�.W „O�w g0.ti m 2 dm. <r�' @401 i N ivVi���.. hZ JZ.nO Wm0.2 �Q� WtQ.2 $loan is 3'00001 F'. W W F” W JF •Z++.vi J J�Z j O 1 n O m Jw . WN_WQ O x y ^ a d o 4 v a t �h � eWrD33 =3�2k H 4 ti �3 � udjtiwki.� 0 2e2a3 J h� jqW LC NW ^zoaDi2i Q lee a ZW3�Co o��2n Q ¢� > =n N xZ vCQ ae �IHWW v KOZewQ v QW2 ~C W tiJ LU w "L WW Q g2he70 NI i ti Hw o>. >.D h 4�Z}iC' Nti�'2d ^IZ. te. !i On v JOm'xti. y'' Z Q2W O�;,30~'yW 4\ I �q F.ZY JWWgv O wpZ W4 p( hW J eor N�a�C� �N 20 (3 >� n?Fi w�a3 @m �� O�'�2ovN�wh W�ti W *KW IL�,zRR� o ven$fa F$S.>W W � . O �7 iWOwt ha2`c ?Ko�Wt ua2,W w„np >� 20. pw u V4env,Fw aWQ F T 4 o w5 W tiOWZW h4 oW �W t^� d hveKocZv?ti��h_ _tiov _�I�Fq� 2u ti� °vita e N m NN Nyo nOm °sq s'9Q _Jl:e •t u� �. 2921[' n10o•o310 "E Hi .. 0 ^ N Ftih� O � OO2 NO O N 'wu wNQ C no WV y = Nm W�V �Nw3u1 t��gN W3V o ou) 0 0=ti �1 In W N O w W a a,Z° J1n Q QW w ¢ • T N• N o µ � � � O 9 II w n .. 11 II L K N m NN Nyo nOm °sq s'9Q _Jl:e •t u� �. 2921[' n10o•o310 "E Hi .. 0 ^ N Ftih� O � OO2 NO O N 'wu wNQ C no WV y = Nm W�V �Nw3u1 t��gN V1, d 1 4I M.4 OZw r wti 210 0oN n - I }.e 1W O11'O WWQ VJQ'�f- < nFgy : '! w t _ _ " I 2�x {— W°w2owgz a�diao- ;, G'm ' Oow Qm2W�Fti0E 3� °o r `ICIo N O Z 'C W o Q o. k a ohs Z'jz WN 1^.KD I r' VW0. 1n Y3RVWILW W!za��NV <-- �-'�"i V10oN2 'k W 22 Wti •Z2� � V :a>Ye [7 � OS I 2 ^Q (��Q(zNee�'JJ WWNF• 361, �'Oc e 21°x@ QTOF4wW4�a? Fnc~2ela Vim- lu1 �mC Q �eV Vw� m m > N k: InW i 1; 41 1V1, O Jti�phWOq� j2o u.°e Q1e42 N�NDD^QO WO `�.�Y <n OuWie '. hey JxwwQ�''v�ILW I >0��w�ow.,ti 3TY wig MS }T Q Q� I z z Q O � i w c { 2 wNQ C 2 Sti W3V o ou) 0 0=ti N w W a a,Z° J1n Q QW w MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 6, 2000 in the ..... . ...... XXXXX Court, ......... .............. w @6 polished insaid�t�w� paper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says eburpose her paid nor promised any personEn�d fir I. or i any iscount, rebate, com- mission or f of ecuring this advertise- ment for id ne oaner. 26 ( 5avtpXryt and sugfscrib�",afork me tl2-000 day of .. ; (SEAL) Octelma V. Ferbeyre personally I `ten V Q F (Ic CA i PFICiAL N TARY ZS JANETT LLER{ENA COIA113GION NUMBER CC566004 MY 0OMM1�lON EXPIRES JUNE 23,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, June 6, 2000, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVING A FINAL PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE FOR MILLER OAKS FIRST AD- DITION, LOCATED AT 6523 SW 56 STREET (MILLER ROAD), AND PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning Divi- sion at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any,decision made by this Board, Agency or Commission with respect to any-matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 5/26 00- 3- 82/57636M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Ciiur;r mmission DATE: 6 /2 /00 AGENDA ITEM FROM. harles D. Comm. Mtg. 6/6/00 City Manager Boards THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; TRANSFERRING SEC. 2 -26.1 ENTITLED "COMMISSION FOR WOMEN" TO SEC. 2.26 AND CREATING SEC. 2 -26.1 ENTITLED "JUNIOR COMMISSION FOR WOMEN "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND The attached ordinance sponsored by Commissioner Russell creates a Junior Commission For Women. The members shall be either a resident of the City or a student at a South Miami School, between the age 13 through 17. The students must be involved in at least one extra - curricular activity and the students must maintain at least a "C" grade point average. The applicant must present two recommendations from either current and, or former teachers and one recommendation from a person who is not a member of the applicant's immediate family attesting to the applicant's good character and leadership ability. The Commission For Women shall review all applications and make recommendations for appointment to the Mayor. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; 5 TRANSFERRING SEC. 2 -26.1, ENTITLED "COMMISSION FOR 6 WOMEN" TO SEC. 2 -26 AND CREATING SEC. 2 -26.1 ENTITLED 7 "JUNIOR COMMISSION FOR WOMEN "; PROVIDING FOR 8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 9 DATE. 10 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami created 14 sec. 2 -26.1, of the City of South Miami Code of Ordinances, entitled "Commission for 15 Women "'; and, 16 17 WHEREAS, the Commission for Women and Mayor and City Commission have 18 determined that there is an important need to create a Junior Commission for Women to 19 address the critical needs of the young women of South Miami of all backgrounds; and, 20 21 WHEREAS, the Mayor and City Commission desire to create a Junior 22 Commission for Women. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. Sec. 2 -26.1 of the City of South Miami code, entitled "Commission 28 for Women" is renumbered to Sec. 2 -26. 29 30 Section 2. Sec. 2.26.1 of the code is created to read: 31 32 Sec. 2.26.1. Junior Commission for Women. 33 34 (a) Created, composition. There is hereby created a Junior Commission for 35 Women. The commission shall consist of eight (8) members. 36 37 (b) Appointment and qualifications of members. Members of the commission 38 shall be appointed by the Mayor as provided for in the City Charter. 39 Members shall: (1) either be a resident of the City of South Miami or a 40 student at a South Miami school, (2) be age 13 through 17; (3) be involved in 1 The Municipal Code Corp., which codifies the city's ordinances, designated the commission as the Committee on the Status of Women. It will be directed to change the name in the next edition of the city's code. Additions shown by underlining and deletions shown by Page 1 of 4 I at least one extra - curricular activity; and (4) maintain at least a "C" grade 2 point average. An applicant must present two recommendations from either 3 current and, or, former teachers and one recommendation from a person who 4 is not a member of the applicant's immediate family attesting to the 5 applicant's good character and leadership ability. The Commission for 6 Women shall review all applications and make recommendations for 7 appointment to the mayor. 8 9 (c) Terms of office. In order that the terms of office of all members of the 10 commission shall not expire at the same time, the initial appointments to the 11 commission shall be as follows: four members shall be appointed for two 12 years and four members shall be appointed for three years. Thereafter, 13 appointed members shall serve for two years or until a successor is appointed. 14 Appointments to fill any vacancy on the commission will be for the unexpired 15 term. 16 17 (d) Change in number of members. The number of persons serving on the 18 commission may be increased or decreased by the city commission based on 19 the level of participation by young women. In the event of a change in 20 members, the number of members that must be present to constitute a quorum 21 for a meeting shall be half the total members plus one. In the event of any 22 increase in the number of members, the terms of office shall be prescribed by 23 the city commission. 24 25 (e) Chairperson and vice - chairperson. The chairperson and vice - chairperson 26 shall be elected by the members of the commission for a term of one year. 27 The members may elect any additional officers that they deem necessary. 28 29 (f) Removal. When any member fails to attend three consecutive meetings 30 without an excused absence, the member shall be removed by the city 31 commission. An "excused absence" shall include, but not be limited to, an 32 absence resulting from a death in the family, or of a teacher or a close 33 personal friend, a personal or family illness, being out of town on personal 34 business, field trips or other school - related matters, or vacation, and preparing 35 for final examinations, and shall be subject to the approval of the chair. An 36 action of the commission shall not be nullified because one or more of its 37 members are later determined to be disqualified from holding that office. 38 39 (g) Liaison with Commission for Women. The chairperson or the vice - 40 chairperson of the commission will attend monthly meetings of the 41 Commission for Women; likewise, the Commission for Women shall 42 designate two members who shall attend meetings of the Junior Commission 43 for Women on a rotating basis. The designated persons shall attend meetings Additions shown by underlining and deletions shown by ^ ° ^•mss Page 2 of 4 I in a non - voting ex officio capacity. Failure to attend a meeting as an ex officio 2 member shall not count against the member as an unexcused absence. 3 4 (h) Meetings, expenses. Regularly scheduled meetings shall be held monthly at 5 city hall at a convenient time to be decided by the commission members. The 6 members may change the place and time of a particular meeting by motion 7 and a vote of the majority of members present at a regularly scheduled 8 meeting. Five members shall constitute a quorum necessary to hold meetings 9 and take action. Regular and special meetings shall be scheduled, and notice 10 shall be given, as provided in the city code for meetings of the city 11 commission; provided, however, that scheduling special meetings shall 12 require the written request of at least five members. Minutes shall be kept 13 either by recording or in written form. Members shall serve without 14 compensation, but shall be reimbursed for necessary and authorized expenses 15 incurred in the performance of the work of the commission. A budget shall be 16 established by the city manager, as soon as possible, for the purpose of 17 funding expenses. 18 19 (i) Powers and duties. The powers and duties of the commission shall include, 20 but not be limited to: 21 (1) To serve in an advisory capacity to the Commission for Women and to 22 the Mayor and City Commission by making investigations, studies, 23 reports and recommendations in respect to all matters pertaining to the 24 status of young women in the City of South Miami and in South Miami 25 schools; including the working, educational and living conditions of 26 young women; education and training; health, teen pregnancy and 27 exposure to predatory crimes; availability of quality and accessible 28 health services, educational, family and psychological counseling 29 services; availability of meaningful employment for young women; 30 discrimination and responsiveness of government to the needs of young 31 women. 32 (2) To study, report on and recommend needed improvements in the 33 existence and delivery of needed medical, educational, criminal and 34 social services. 35 (3) To appear before the Commission for Women and the Mayor and City 36 Commission to deliver reports, recommendations and requests for 37 assistance. 38 (4) To perform other duties, functions and services as may be requested by 39 the Commission for Women and the Mayor and City Commission. 40 41 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 42 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 43 shall not affect the validity of the remaining portions of this ordinance. Additions shown by underlining and deletions shown by Page 3 of 4 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 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. The provisions of this ordinance shall be included in the City of South Miami Code of Ordinances. Section 6. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of June, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR 1" Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: \ \Dell_6100 \Documents \City of South Miami \0022 - 001 \3018.doc Additions shown by underlining and deletions shown by Page 4 of 4 v To: Ronetta Taylor From: Earl G. Gallop CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: May 22, 2000 Re: Proposed Ordinance — Junior Commission for Women Enclosed is a proposed ordinance creating the junior commission for women. Copies have been forwarded to Commissioner Russell, and Barbara Jean Raskin.