04-20-99..................
MAYOR:
Julio Rob na CITY MANAGER: Charles D. Scurr
VICE MAYOR:
Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Horace G. Feliu CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Mary Scott Russell
CITY COMMISSION AGENDA
Regular City Commission Meeting
Meeting date: April 20, 1999 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: May 4, 1999 Phone: (305) 663 -6340
Time: 7:30 PM
PURSUANT TO FLORIDA 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.
City of South Miami. ordinance No. 6 -86 -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. Invocation:
B. Pledge of Allegiance:
C. Presentation(s):
ITEMS FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
Special City Commission Minutes - April 5, 1999
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 THE CODE
REGULAR CITY COMMISSION 1
AGENDA - April 20, 1999
ENFORCEMENT BOARD; RE- APPOINTING DAN MCCREA TO SERVE
FOR A TWO YEAR TERM ENDING APRIL 20, 2001 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING
FOR 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 COMMUNITY
RELATIONS BOARD, AUTHORIZING THE SUM OF $5,000.00 FROM
ACCOUNT NUMBER 01 -2100 -519 -8310 "SEED MONEY" FOR THE
COMMUNITY RELATIONS BOARD.
(Mayor Robaina, Commissioners Feliu & Bethel) 3/5
6. A RESOLUTION OF THE
MAYOR AND
CITY COMMISSION
OF THE
CITY OF SOUTH MIAMI,
FLORIDA,
RELATING TO CONSULTING
ATTORNEY FEES FOR
COMMUNITY
REDEVELOPMENT
AGENCY,
AUTHORIZING PAYMENT
TO JOHN DELLAGLORIA FROM
ACCOUNT
#610 -1120- 554 -3415, CRA GENERAL
LEGAL.
3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $7,822.86 CHARGING
$431.71 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL
PROPERTY / FORECLOSURE, CHARGING $1,764.01 TO ACCOUNT NO.
608 - 1910 - 521 -3100, PROFESSIONAL SERVICES AND, CHARGING
THE REMAINDER TO ACCOUNT NO. 1500- 3410 - 3410, LEGAL
SERVICES NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
B. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, AMENDING SECTION 20 -7.7 (B), ENTITLED
"BUILDING AND THEIR PLACEMENT - MAIN STREETS, SUNSET &
RED ROAD," SECTION 20 -7.7 (C), ENTITLED REQUIRED
ELEMENTS - MAIN STREETS, SUNSET DRIVE & RED ROAD," AND
SECTION 20- 7.11(8), ENTITLED "BUILDINGS AND THEIR
PLACEMENT - GENERAL PROVISIONS, APPLY TO ALL,"
PROVIDING FOR ARCADE' AND AWNING STANDARDS; PROVIDING
FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. (1st
Reading - March 2, 1999) (Staff recommends deferral)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
REGULAR CITY COMMISSION
AGENDA - April 20, 1999
2
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT
SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY, EVALUATE
THE APPROPRIATENESS OF SUCH PROVISIONS AND PREPARE
NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES IN
CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS
TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. (lot Reading - March 2,
1999) (Staff recommends deferral)
(Commissioner Feliu) 4/5
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RELATING TO
THE PARKING REGULATIONS OF THE LAND DEVELOPMENT CODE,
AMENDING SECTIONS 20 -3.3 (D) , ENTITLED "PERMIT USE
SCHEDULE," 20 -4.3, ENTITLED "SIGN REGULATIONS" AND
SECTION 20 -4.4 ENTITLED "OFF -STREET PARKING
REQUIREMENTS "; PROVIDING FOR STANDARDS AND PROCEDURES;
PROVIDING FOR REPEAL, SEVERABILITY, AND AN EFFECTIVE
DATE. (18t Reading - March, 2 1999) (Staff recommends
deferral)
RESOLUTION (S) HEARING
There are none
RESOLUTION (S)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $8,295.00 TO AVENTURA
INSTALLATION AND MAINT TREE SERVICE GONZALEZ FOR THE
FULL REMOVAL OF 21 AUSTRALIAN PINE TREES AT DANTE
FASCELL PARK AND CHARGING THIS DISBURSEMENT TO ACCOUNT
NO. 1750 -519 -4670, "LANDSCAPE MAINTENANCE - MAINTENANCE
AND REPAIRS OF GROUNDS AND STRUCTURES;" AND DISBURSE
THE SUM OF $7,800.00 TO TROPICAL FALLS LANDSCAPING AND
MAINTENANCE, INC., TO FURNISH AND PLANT 13 TREES AT
DANTE FASCELL PARK AND CHARGING THESE DISBURSEMENTS TO
ACCOUNT NUMBER 001- 0000 - 219 -6300 "ESCROW -WATER
MANAGEMENT /DANTE FASCELL PARK."
(Commissioner Russell) 3/5
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH COCA -COLD,
REGULAR CITY COMMISSION 3
AGENDA - April 20, 1999
BOTTLING COMPANY AS AN EXCLUSIVE SUPPLIER OF SOFT
DRINKS FOR ALL PROPERTIES /PARKS AND ANCILLARY AREA OF
THIS CITY.
ORDINANCE (S) FIRST READING
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
RELATIONS BOARD; AMENDING SECTION 2 -26.6 ( C) OF THE
CODE OF ORDINANCES; PROVIDING FOR A CHAIR AND VICE
CHAIR OR CO- CHAIRS; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE
DATE.
(Mayor Robaina, Commissioners Feliu & Bethel) 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-If.
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION 4
AGENDA - April 20, 1999
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 4/16/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 4/20/99
City Manager
The attached resolution sponsored by Mayor Robaina re- appoints Dan McCrea
to the Code Enforcement Board. The term of this appointment shall expire April
20, 2001 or until a successor is duly appointed and qualified.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; RE- APPOINTING DAN MCCREA TO
SERVE FOR A TWO YEAR TERM ENDING APRIL 20, 2001 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
recognize the important contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of the active boards and
committees; and,
WHEREAS, the Mayor and City Commission desire to re- appoint Dan McCrea to
serve for a two year term on the Code Enforcement Board. This appointment shall expire
April 20, 2001 or until a successor is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Commissioner hereby re- appoints Dan McCrea to the Code
Enforcement Board.
Section 2. The expiration date of this appointment shall expire April 20, 2001
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 311999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by ^v°rg.
INTER-OFFICE MEMORANDUM
CITY CLERK'S OFFICE
TO: Honorable City DATE: 4/9/99
Commission
FROM: Ronetta Taylor
City Clerk
RE: Board Appointment(s)
As per Mayor Robaina's request you are hereby notified of his
intent with your advice and consent to appoint the following
individual(s) at the April 20, 1999 city Commission meeting.
Code Enforcement Board Re-appointment
1. Dan McCrea
ROM MCC FAX NO. : 3056678155 Dec. 08 1998 10 :34AM P1
CITY OF SOUTH MIAMI
6130 sunset Drive
South Miami, FL 33143
I- . Name� m'0.
2. HomeAddr
3. Bugingga
pb (305) 663 -6340
Fax (305) 663'-6348
CITY soARD /COMMITTED APPLICATION
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4. Ausi.neas
5. Home Phone �- o -�3 Business Phone
EduCationa1 DaCkgrauDd
6. L d L-�
7.
s. Are you a registered Voter?
9_ Art Ye�i of the City?
10, D yo Ve - bus^ es$ its the City?
Signature
Yes
yes-z No
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0
CITY OF SOUTH MIAMI
To: Mayor and Commission
From: Charles Scuff CG
City Manager
REQUEST
Date: April 20, 1999
Agenda Item #
Funding Approval for the Community
Relations Board
Approval of funding for the Community Relations Board in the amount of $5,000.00 from the
Seed Money Fund.
BACKGROUND AND ANALYSIS
The City of South Miami established a Community Relations Board (CRB) in June of 1998. The
purposes of the Board include goals such as fostering mutual understanding, tolerance and
respect among all economic, social, religious, sexual orientation, people with special needs, age
and ethnic groups in the city, making studies in the field of human relations and acting as a
conciliator in controversies involving community relations.
The CRB will require funding in order to accomplish these goals. The CRB has requested
funding in the amount of $5,000.00. This is the same amount of funding provided to the Historic
Preservation Board and the Commission on the Status of Women.
The CRB has established a Budget Committee and they are developing a list of funding
priorities. We would contemplate that the funding will be spent on a variety of items such as
beepers for the crises response function and community education programs. All expenditures
will follow standard City procurement procedures.
The balance in Account 01- 2100 -519- 8310, "Seed Money" is $20,000.00.
RECOMMENDATION
Approval is recommended.
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and
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMMUNITY RELATIONS BOARD, AUTHORIZING THE SUM OF
$ 5,000.00 FROM ACCOUNT NUMBER 01- 2100 -519 -8310 "SEED
MONEY" FOR THE COMMUNITY RELATIONS BOARD.
WHEREAS, the City of South Miami established a Community Relations Board;
WHEREAS, Seed Money funding is needed to achieve goals and objectives; and
WHEREAS, similar funds are provided for other city boards.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION 1. Funding in the amount of $5000.00 From Account No. 01 -2100-
519- 8310. "Seed Money" is authorized for the Community Relations Board.
SECTION 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this _ day of 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Russell:
Commissioner Feliu:
Commissioner Bethel:
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, FL 33143
TO: Mayor and Commission DATE: April 16, 1999
FROM: Charles Scurr RE: Agenda Item #
City Manager Commission Meeting
April 20, 1999
Legal Consulting Services
The attached resolution authorizes disbursement of funds to John Dellagloria, Legal
Counsel for the South Miami CRA. Mr. Dellagloria has submitted invoices for legal
services rendered for the period of January 1999 in the amount of $1,260; February
1999 in the amount of $370.00; and March 1999 in the amount of $270.00. Payment
shall be charged to account #610- 1120554 -3415, CRA General Legal. The balance in
that account is $25,000.
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 CONSULTING ATTORNEY FEES FOR COMMUNITY
7 REDEVELOPMENT AGENCY, AUTHORIZING PAYMENT
8 TO JOHN DELLAGLORIA FROM ACCOUNT #610- 1120554-
9 3415, CRA General Legal
10
11 WHEREAS, the Mayor and Commission and the Community Redevelopment
12 Agency (CRA) Board approved Resolution # 263 -98- 10531, authorizing a contract
13 with John Dellagloria to provide general legal counsel for the Community
14 Redevelopment Agency; and
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16 WHEREAS, John Dellagloria submitted invoices for legal services rendered
17 for the periods of January 1999 in the amount of $1,260.00; February 1999 in the
18 amount of $370.00, and March 1999 in the amount of $270.00.
19
20 NOW TEEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
22
23 Section 1. These invoices for attorney's fees from John Dellagloria are
24 approved for payment and payment shall be charged to Account No. 610- 1120554-
25 3415.
26
27 Section 2. This resolution shall take effect immediately upon approval.
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29 PASSED AND ADOPTED this day of , 1999.
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31 ATTEST: APPROVED:
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34 CITY CLERK MAYOR
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36 READ AND APPROVED AS TO FORM
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39 CITY ATTORNEY
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JOHN DELLAGLORIA
Attorney at Law
2 Datran Center • Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
INVOICE
DIANA MORRIS
ASSISTANT CITY MANAGER/CRA DIRECTOR
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Professional Services Rendered for period
March 1, 1999 ending March 31, 1999
Re: South Miami - C.R.A.
Total Time: 2.7 x $100.00/Hour
Parking Expense
Postage and Faxes
Phone calls
Phone(305)670-0700
Facsimile (305) 670 -0701
Tax I.D. No. 053 -46 -5054
$270.00
$ -0-
No charge
No charge
TOTAL $270.00
J
� V
:v v
1
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center • Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
MARCH 1999
3 -01 -99
SMCRA meeting
3 -10 -99
Meeting with E. English re: SMCRA
3 -12 -99
Meeting with Earl Gallop re: SMCRA
3 -30 -99
Call with David Fialkoff
3 -31 -99
Review amended Interlocal Agreement
TOTAL
Phone(305)670-0700
Facsimile (305) 670 -0701
.7
1.0
.4
.2
.4
2.7
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center • Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
INVOICE
DIANA MORRIS
ASSISTANT CITY MANAGER/CRA DIRECTOR
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Professional Services Rendered for period
February 1, 1999 ending February 28, 1999
Re: South Miami - C.R.A.
Total Time: 3.7x$100.00/Hour
Parking Expense
Postage and Faxes
Phone calls
Phone(305)670 -0700
Facsimile (305) 670 -0701
Tax I.D. No. 053 -46 -5054
$370.00
$ -0-
No charge
No charge
i
TOTAL $370.00
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center • Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
FEBRUARY 1999
2 -02 -99
Review draft Trolley Interlocal Agreement
2 -11 -99
Meeting re: Trolley Interlocal Agreement
2 -12 -99
Review re -draft of Trolley Interlocal Agreement
2 -16 -99
SMCRA meeting
2 -17 -99
Amend By -Laws, Draft letter re: "Cone of Silence"
2 -26 -99
Call with David Fialkoff re: Trolley Agreement
Phone(305)670 -0700
Facsimile (305) 670 -0701
.4
1.0
.1
1.6
.4
.2
TOTAL 3,7
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RESOLUTION NO. 263 -93 -10531
A RESOLUTION OF THE MAYOR AND C1"1'Y COMMISSION O1,
THE CITY OF 5C7UTH MIAMI, RELAXING TO THE CITY OF
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY;
ENGAGING JOHN C. DELLAGLORIA, TO SERVE AS GENERAL
COUNSEL TO THE AGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to engage John C. Dellagloria, to serve as general counsel to the City of South Miami
Community Redevelopment Agency pursuant to the terms and conditions contained in
the engagement agreement, which is annexed and made part. of this resolution as App. 1.
NOW THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY'
COMMISSION OF THE CITY OF SOUTI°I M3AMI, FLORIDA;
Section 1. The proposed engagement agreement between the City of South
Miami and John C. Dellagloria, which is annexed and made a part of this resolution as
App. 1, is accepted.
Section 2. The City Manager is authorized to execute the engagement
agreement.
Section 3. This resolution shall take effect irnmediately upon approval.
PASSED AND ADOPTED this 15t' flay of September, 1998.
ATTEST:
'CI CLERK
READ AND APPROVED AS TO FORM:
-Z� /Gw(�,lf -a
CITY A'ITORN EY
APPROVED:
MAYOR
COMMISS10N VOTE.:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Bethel:
Commissioner Feliu:
Commissioner Russell:
Underscored words constitute the amendment prapoxcd. Ovcr%truck words are deleted. Retraining
provisions ire now in effect Had remain unchanged.
5 -0
Yea
Yea
Yea
Yea
Yea
i
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center - Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156 Phone(305)670-0700
Facsimile (305) 670 -0701
INVOICE
DIANA MORRIS
ASSISTANT CITY MANAGER/CRA DIRECTOR
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Professional Services Rendered for period Tax I.D. No. 053 -46 -5054
January 1, 1999 ending January 31, 1999
Re: South Miami - C.R.A.
Total Time: 12.6 x $100.00/Hour $1,260.00
Parking Expense $ -0
Postage and Faxes No charge
Phone calls No charge
TOTAL $1,260.00
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center - Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
JANUARY 1999
1 -04 -99 Call to Jerry Bonzon; Call with Diana Morris
1 -10 -99 Review Interlocal Agreement Amendment
1 -11 -99 Meeting at South Miami with Diana Morris, D. Delaney
1 -11 -99 Workshop SMCRA Advisory Board
Phone(305)670 -0700
Facsimile (305) 670-0701
.2
.4
1.5
1.2
1 -12 -99
Draft Advisory Board By -Laws
.6
1 -13 -99
Amend Draft Guidelines; Amend Draft By -Laws; Draft Resolution
re: Commission Adoption of Guidelines; Draft Ordinance amending
n f
Advisory Board Membership
1.0
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center - Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
JANUARY 1999
1 -04 -99 Call to Jerry Bonzon; Call with Diana Morris
1 -10 -99 Review Interlocal Agreement Amendment
1 -11 -99 Meeting at South Miami with Diana Morris, D. Delaney
1 -11 -99 Workshop SMCRA Advisory Board
Phone(305)670 -0700
Facsimile (305) 670-0701
.2
.4
1.5
1.2
1 -12 -99
Draft Advisory Board By -Laws
.6
1 -13 -99
Amend Draft Guidelines; Amend Draft By -Laws; Draft Resolution
re: Commission Adoption of Guidelines; Draft Ordinance amending
Advisory Board Membership
1.0
1 -14 -99
Re -draft Trolley Agreement; Draft Resolutions for City Commission
for Trolley, Interlocal Agreement; Call with Diana Morris; Call with
Earl Gallop; Call with D. Fialkoff
2.4
1 -15 -99
Call with Diana Morris; Amend Trolley Contract; Amend City
Commission Resolution; Prepare SMCRA Resolution
re: Trolley Contract
.6
1 -19 -99
Call with Diana Morris; Amend Trolley Agreement; Pre - meeting;
SMCRA meeting
2.7
1 -20 -99
Call with Earl Gallop; Call with Diana Morris re: Interlocal
Agreement - Trolley
2
1 -21 -99
Review Trolley Interlocal Agreement
.6
1 -22 -99 Amend Trolley Agreement with changes from Vendor; Calls with
Diana Morris 3 5
1 -26 -99 Calls with Diana Morris; Amend Trolley Agreeement .3
1 -28 -99 Conference call with Earl Gallop, Diana Morris re: Trolley
Interlocal Agreement 4
TOTAL 12.6
v
CITY OF SOUTH MIAMI
To: Mayor and Commission Date: April 20, 1999
From: Charles Scurr Agenda Item #
City Manager Attorney's Fees
Nagin, Gallop and Figueredo, P.A.
The attached resolution is for Legal Services for the City Attorney in the total amount of
$7,822.86. The accounts are summarized below:
Account
Consulting — Real Property /Foreclosure
Account # 1500 -3435
Professional Services -
Account # 608 -1910- 521 -3100
Legal Services Non Retainer
Account # 1500 -3410
A detailed Billing Statement is attached.
Current Balance This Invoice
$ 6,318.84 $ 431.71
$ 1,910.00 $ 1,764.01
$ 5,627.14* $ 5,627.14
* Includes transfer of $4,983.42 from Account 1500 -514 -3420, Cable TV Franchise, which will
have a balance of $5,017.00 after the transfer.
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES;
APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A.
IN THE AMOUNT OF $ 7,822.86 CHARGING $431.71 TO ACCOUNT NO. 1500-
3435, CONSULTING -REAL PROPERTY /FORECLOSURE, CHARGING
$1,764.01 TO ACCOUNT NO. 608-1910-521-3 100, PROFESSIONAL SERVICES
AND, CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL
SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99-
94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non -
retainer attorneys' fees and costs; and,
WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services
rendered, and costs advanced, for the period ending March 31, 1999, in the amount of $7,822.86;
and,
WHEREAS, the City Attorney recommends payment of the attached invoices.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop
Figueredo, P.A., in the total amount of $ 7,822.86, are approved for payment and $431.71 shall be
charged to Account No. 1500 -3435, Consulting -Real Property/Foreclosure; Charging $1,764.01 to
Account No. 608 - 1910 - 521 -3100, Professional Services; and the remainder to Account No. 1500-
3410; Legal Services Non Retainer.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of April, 1999.
APPROVED:
MAYOR
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile.- (305) 854 -5351
April 16, 1999
Mr. Charles D. Scurf, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Scurr:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending March 31, 1999, in the amount of$7,822.86.
I tabulated the amounts
due on each individual file as follows:
0022 -003 Lien Foreclosures
Prof 1 Services
$
232.50
Disbursements
101.36
Total Due
$
333.86
0022 -010 Asher v. CSM
Prof l Services
$
197.50
Disbursements
0
Total Due
$
197.50
0022 -021 Forfeiture:
Prof 'I Services
$
300.00
1991 Acura Legend
Disbursements
1.08
Total Due
$
301.08
0022 -022 Forfeiture:
Prof 'I Services
$
0
1998 Ford Mustang
Disbursements
.78
Total Due
$
.78
0022 -023 Parking Garage
Prof 1 Services
$
3,115.00
Contract
Disbursements
187.82
Total Due
$
3,302.82
0022 -025 CSM v. IDAS
Profl Services
$
202.50
Contract
Disbursements
6.00
Total Due
$
208.50
Charles D. Scurr, City Manager
April 16, 1999
Page 2
0022 -026
Colsky v. Code Enforcement
Prof 1 Services
$
0
Disbursements
188.75
Total Due
$
188.75
0022 -027
Bruce v. Code Enforcement
Prof 1 Services
$
300.00
Contract
Disbursements
35.31
Total Due
$
335.31
0022 -028
Forfeiture of $4,250
Prof 1 Services
$
500.00
Discount
- 164.84
Disbursements
106.65
Total Due
$
406.65
0022 -029
Forfeiture of 1982
Prof I Services
$
960.00
Oldsmobile
Disbursements
95.50
Total Due
$
1,055.50
0022 -030
Jhuboolall v. CSM
Prof l Services
$
122.50
Disbursements
0
Total Due
$
122.50
0022 -031
Phil Levine v. CSM
Prof 1 Services
$
1,077.50
Disbursements
56.51
Total Due
$
1,134.01
0022 -032
Ratner v. CSM
Profl Services
$
70.00
Disbursements
67.75
Total Due
$
137.75
0022 -034
CSM v. Third Group Mtg
Profl Services
$
95.00
Disbursements
2.85
Total Due
$
97.85
CURRENT TOTAL DUE $ 79822.86
Do not hesitate to call me if you have any questions regarding these statements.
Very truly rs,
arl G. allop
Cc: Mayor and city commission
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGTEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
April 15, 1999
Matter ID: 0022 -003
Foreclosures
Statement No. 3417
Hours Amount
3/9/1999 EAB Attended meeting with Eva Rosa and Carol Bynum regarding 0.50 75.00
calculation of lien interest on Williamson property, review of new
liens filed against the Williamson property that are not part of
complaint (filed subsequent) to the complaint.
3/11/1999 EAB Davis Gardens: Completed research on priority of municipality's 0.70
liens in a bankruptcy proceeding (un /secured); and completed
notice of claim for filing at US Bankruptcy Court.
3/26/1999 EGG Reviewed order of N.Y. bankruptcy court to show cause why city 0.30
lien foreclosure proceeding should not be remanded back to Florida
circuit court and why venue for bankruptcy proceeding should not
be change to southern district of Florida; attention to further
handling
Rate Summary
Eve A. Boutsis
Expenses
Earl G. Gallop
Total Professional Services
1.20 hours at $150.00 /hr 180.00
0.30 hours at $175.00/hr 52.50
Total hours: 1.50
Legal research
Telefacsimile charge
Postage
Long distance telephone charge
Courier charge
6.39
34.00
13.20
1.02
9.75
105.00
52.50
232.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -003 Page: 2
Photocopies 37.00
Sub -total Expenses: 101.36
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
232.50
101.36
333.86
2,197.67
0.00
2,531.53
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month wilt be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 15, 1999
Charles D. Scurr Matter 1D: 0022 -010
City Manager
City of South Miami Asher v. City of South Miami
6130 Sunset Drive Statement No. 3419
City of South Miami, FL 33143
Hours
Amount
3/29/1999 EAB Telephone conference with MDC -EEOC office regarding Asher 0.30
37.50
allegations and requested an extension of time
3/29/1999 EGG Reviewed request by Miami -Dade County EOC for affidavits by 0.20
35.00
Mayor Robaina and Ms. Eva Rosa; instructions to work attorney
3/30/1999 EAB Analysis of file in relation to City's response to discovery request of 1.00
125.00
MDC EEOC
Total Professional Services
197.50
Rate Summary
Eve A. Soutsis 1.30 hours at $125.00/hr 162.50
Earl G. Gallop 0.20 hours at $175.00/hr 35.00
Total hours: 1.50
Payments
6/10/1998 Payment 36.21
Sub - total Payments: 36.21
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -010 Page: 2
197.50
0.00
197.50
36.21
36.21
Total Due 197.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 15, 1999
Charles D. Scurr
Matter ID: 0022 -018
City Manager CSM v. Shields Bowden
City of South Miami
6130 Sunset Drive Statement No. 3420
City of South Miami, FL 33143
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 352.13
Payments - Thank you 0.00
Total Due 352.13
To be properly credited, please indicate Statement Number on,your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
April 15, 1999
Matter ID: 0022 -019
FPO v. CSM
Statement No. 3421
For professional Services 0.00
For Disbursements Incurred 0.00
Current Balance:
0.00
Previous Balance: 222.66
Payments- Thank you 0.00
Total Due 222.66
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN G ALLOP FIGUEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
April 15, 1999
Matter ID: 0022 -020
Brothers of Good Shepard, Inc.
Statement No. 3422
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 833.40
Payments - Thank you 0.00
Total Due 833.40
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOPFIGUEREDOPA
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 15, 1999
Matter ID: 0022 -021
City Manager
City of South Miami Forfeiture: 1991 Acura Legend
6130 Sunset Drive Statement No. 3423
City of South Miami, FL 33143
Hours Amount
3/4/1999 EAB Prepared for and attending Defendant's motion to vacate final 1.50 150.00
judgment
3/5/1999 EAB Prepared detailed order pursuant to Judge Bloom's request denying 1.50 150.00
Respondent's request for reconsideration
Total Professional Services 300.00
Rate Summary
Eve A. Boutsis 3.00 hours at $100.00 /hr 300.00
Total hours: 3.00
Expenses
Postage 0.33
Photocopies 0.75
Sub -total Expenses: 1.08
Payments
4/1/1999 Payment 220.00
Sub- total Payments: 220.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received Wthin 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
v Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -021 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
300.00
1.08
301.08
280.00
220.00
361.08
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FI GUEREDOPA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 15, 1999
Charles D. Scurr Matter ID: 0022 -022
City Manager Forfeiture: 1988 Ford Mustang
City of South Miami
6130 Sunset Drive Statement No. 3424
City of South Miami, FL 33143
Expenses
Postage
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
0.78
Sub -total Expenses: 0.78
0.00
0.78
0.78
400.00
0.00
Total Due 400.78
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 %n per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FI GUEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 15, 1999
Matter ID: 0022 -023
City Manager Parking garage contract
City of South Miami
6130 Sunset Drive Statement No. 3425
City of South Miami, FL 33143
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
3/1/1999
LRF Meetings with Commissioners Russell, Bethel, Feliu and Mayor
4.50 787.50
Robina. Telephone conference with Al and Babe Elias. Meeting at
Site with Mr. Gallop, Mr Scurr and SPG to review Auerbach
setback issue.
3/2/1999
LRF Attended meeting with Mr. Auerbach, SPG and city officials.
4.50 787.50
Prepared memorandum to Mr. Gallop for Commission meeting.
Attended commission meeting.
3/2/1999
EGG Attended meeting with Messieurs Auerbach, A Elias, B Elias,
2.00 350.00
JWatkins, RSchuster, Waldo, DGonzalez, SBasu and LFigueredo
regarding alleyway parking and construction
313/1999
LRF Telephone conference with Diana Gonzalez concerning
0.50 87.50
coordination of schedule to finalize lease. Conference with Mr.
Gallop.
3/4/1999
LRF Telephone conference with Al elias. Telephone conference with
0.50 87.50
Diana Gonzalez.
3/5/1999
LRF Prepared memorandum to Diana Gonzalez and Mitch Friedman
0.50 87.50
regarding additional matters to consider with respect to the
lease.Conference with Mr. Gallop regarding same.
3/8/1999
LRF Telephone conference with Diana Gonzalez. Telephone conference
0.50 87.50
with Ralph Perez regarding lease and Auerbach matter.
3/9/1999
LRF Telephone status conference with Charles Scurr. Telephone
0.50 87.50
conference with Ralph Perez regarding finalization of lease and
Auerbach issue.
3/10/1999
LRF Telephone conference with Diana Gonzalez.
0.20 35.00
3/11/1999
LRF Telephone conference with Ralph Perez.
0.30 52.50
3112/1999
LRF Telephone conference with Mitch Weinstein. Telephone conference
0.70 122.50
with Diana Gonzalez regarding preparation of comps for other
public /private parking garage projects. Telephone conference with
Charles Scurr and Commissioner Russell concerning staging
construction of two parking garage projects to minimize impacts of
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -023 Page: 2
Rate Summary
Luis R. Figueredo
Earl G. Gallop
Expenses
1.00 175.00
0.90 157.50
0.30
shops.
3/15/1999 LRF
Telephone conferences with Mayor Robaina concerning issues
0.30
relating to proposed lease framework. Telephone conference with
0.30
Diana Gonzalez. Conference with Mr. Gallop.
3/16/1999 LRF
Telephone conference with Diana Gonzalez regarding status of
pending matters and preparation of comparison of municipal /private
sector garages with proposed structure for City of South Miami.
Telephone conference with Ralph Perez.
3117/1999 LRF
Telephone conference with Diana Gonzalez. Reviewed
correspondence.
3/18/1999 LRF
Telephone conference with Al Elias. Telephone conference with
Ralph Perez. Conference with Mr. Gallop.
3/19/1999 LRF
Telephone conference with Al Elias.
3/30/1999 LRF
Telephone conference with Ralph Perez concerning status of
SPG's finalization of agreement to acquire Richmond air rights as
well as other pending matters.
Rate Summary
Luis R. Figueredo
Earl G. Gallop
Expenses
1.00 175.00
0.90 157.50
0.30
52.50
0.30
52.50
0.30
52.50
0.30
52.50
Total Professional Services
15.80 hours at $175.00/hr
2.00 hours at $175.00/hr
Total hours: 17.80
Legal research
Telefacsimile charge
Sub -total Expenses
2,765.00
350.00
179.82
8.00
187.82
3,115.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 %u per month will be charged if payment is not received within 30 days.
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -023 Page: 3
For Professional Services
3,115.00
For Disbursements Incurred
187.82
Current Balance:
3,302.82
Previous Balance:
12,802.50
Payments - Thank you
0.00
Total Due 16,105.32
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP. A.
Attorneys £a Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 15, 1999
Matter ID: 0022 -025
City Manager CSM v. IDAS
City of South Miami
6130 Sunset Drive Statement No. 3426
City of South Miami, FL 33143
Hours Amount
3/2/1999 JBM Analyzed letter from Lou Fernandez regarding use of software 1.00 150.00
applications by other local governments.
3131/1999 EGG Reviewed survey results and recommendation by computer 0.30 52.50
consultant; transmitted same to Mr. Scurr, instructions to work
attorney
Rate Summary
Earl G. Gallop
Jeffrey B. Mallory
Expenses
Total Professional Services 202.50
0.30 hours at $175.00/hr
1.00 hours at $150.00 /hr
Total hours: 1.30
Telefacsimile charge
Sub -total Expenses
52.50
150.00
. 11
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter 1D: 0022 -025 Page: 2
For Professional Services 202.50
For Disbursements Incurred 6.00
Current Balance:
208.50
Previous Balance: 600.00
Payments - Thank you 0.00
Total Due 808.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
April 15, 1999
Matter ID: 0022 -026
Colsky v. Code Enforcement
Statement No. 3427
Expenses
Telefacsimile charge 4.00
Legal research 175.46
Photocopies 7.75
Postage 1.54
Sub -total Expenses: 188.75
For Professional Services 0.00
For Disbursements Incurred 188.75
Current Balance:
188.75
Previous Balance: 450.00
Payments - Thank you 0.00
Total Due 638.75
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
T GALLOPFIGUEREDOP.A.
attorneys & Counselors
i
Facsimile: (305) 854 -5351
April 15, 1999
Matter ID: 0022 -027
Bruce v. Code Enforcement
Statement No. 3428
: ONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
►22 -027 Page: 2
Hours Amount
taming an improper party; prepared motion to 2.00 300.00 Total Due
'andum of law of Appellant's motion to
ber on your remittance check.
Total Professional Services 300.00
2.00 hours at $150.00 /hr
)urs: 2.00
300.00
e charge 0.66
4.54
10.00
14.11
6.00
Sub -total Expenses: 35.31
300.00
35.31
335.31
960.00
0.00
1,295.31
hin 10 days of receipt of any questions you have regarding this invoice. Interest at a
will be charged if payment is not received within 30 days. ins you have regarding this invoice. Interest at a
;eived within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
Telephoner (305) 854 -5353 Facsimile: (305)854 -5351
Charles D. Scurr April 15, 1999
Matter ID: 0022 -028
City Manager In re forfeiture of $4,250
City of South Miami
6130 Sunset Drive Statement No. 3429
City of South Miami, FL 33143
Hours Amount
3/2211999 EAB Prepared Stipulated motion and order to deposit currency in an 1.00 100.00
interest bearing account and correspondence to Mr. Payne;
telephone conference with with Mr. Payne, reviewed
correspondence from Mr. Payne objecting to the stipulated motion.
3/30/1999 EAB Legal research on issue of bringing evidence to preliminary 2.50 250.00
probable cause hearing; traveled to, attended, prepared for, and
prepared witnesses for bearing on preliminary finding of probable
cause for forfeiture.
3/31/1999 EAB Telephone conference with client and opposing counsel regarding 1.50 150.00
settlement; telephone conference with Captain Feldman regarding
strategy for continued hearing for probable cause and offer and
counter offer; obtained court reporter for hearing; reviewed
documentation supplied by claimant; prepared correspondence to
Attorney Payne regarding acceptance of counter -off; telephone
conference with Mr. Payne, and prepared release.
Rate Summary
Eve A. Boutsis
Expenses
Total Professional Services 500.00
Discount: - 164.84
5.00 hours at $100.00 /hr
Total hours: 5.00
Postage
Legal research
Filing fee
Telefacsimile charge
500.00
14.74
46.66
8.00
6.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a
rate of 1.5% per month will be charged if payment is not.received within 30 days.
Photocopies
Courier charge
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -028 Page: 2
Sub -total Expenses
22.25
9.00
106.65
335.16
71.49
406.65
1,365.92
0.00
Total Due 1,772.57
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 15, 1999
Charles D. Scum
City Manager Matter ID: 0022 -029
City of South Miami In re: forfeiture of 1982
6130 Sunset Drive Statement No. 3430
City of South Miami, FL 33143
3/16/1999 EAB Telephone conference with Captain Feldman regarding preliminary 0.30 30.00
hearing and testimony of arresting officers
3/17/1999 EAB Prepared alias summons to Bobby Lee Gibson and any other lien 2.30 230.00
holder or title holder to the vehicle; prepared second service upon
Mr. Gibson in jail; attended hearing on preliminary probable cause;
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
3/3/1999
EAB Prepared pleadings; Notice of probable cause hearing, complaint,
2.50 250.00
memorandum of law in support of finding of probable cause,
telephone conference with Captain Feldman regarding date of
seizure of the vehicle, and began legal research on felony charge of
selling narcotics within a school zone.
3/5/1999
EAB Continued to prepare pleadings: verified affidavit; revised
1.00 100.00
memorandum of law, complaint, and probable cause motion.
3/10/1999
EAB Telephone conference with chambers of Judge Schockett and
0.50 50.00
Judge Muir, prepared detailed correspondence to Judge Schockett
requesting preliminary adversarial probable cause hearing
3/11/1999
EAB Prepared second correspondence to Judge Schockett and Muir
0.30 30.00
regarding preliminary probable cause hearing
3/11/1999
EAB Review of return of service on Bobby Lee Gibson
0.10 10.00
3/12/1999
EAB Discovered process server's error, telephone conference with
0.50 50.00
Captain Feldman, Judge Schockett and Muir's chambers, and
Judge David Tobin's chambers regarding preliminary probable
cause hearing request, telephone conference with bailiff to Judge
Tobin regarding scheduling of hearing
3/15/1999
EAB Telephone conference with girlfriend of claimant who informed me
0.50 50.00
that claimant was in jail; tracked down claimant at "Stockade;"
numerous telephone conference with Bailiff to Judge regarding
preliminary adversarial probable cause hearing and telephonic
appearance of claimant; telephone conference with corrections
officers regarding coordination of telephonic hearing.
3/16/1999
EAB Prepared affidavit of Esquire Express, hand delivering the revised
0.30 30.00
notice of hearing to claimant
3/16/1999 EAB Telephone conference with Captain Feldman regarding preliminary 0.30 30.00
hearing and testimony of arresting officers
3/17/1999 EAB Prepared alias summons to Bobby Lee Gibson and any other lien 2.30 230.00
holder or title holder to the vehicle; prepared second service upon
Mr. Gibson in jail; attended hearing on preliminary probable cause;
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATf'ORNEYICLIENT PRIVILEGE
Matter 1D: 0022 -029 Page: 2
met with and prepared witnesses: Officers Hechavarria and Barrio,
briefed Captain Feldman, completed research in preparation for
hearing; includes travel time to Dade County Courthouse.
3/23/1999 EAB Prepared first request for production and interrogatories to claimant 1.00 100.00
3130/1999 EAB Telephone conference with the girlfriend of claimant who "wants a 0.30 30.00
trial." I explained claimant should either hire counsel and respond
to complaint.
Rate Summary
Eve A. Boutsis
Total hours:
Expenses
Photocopies
Postage
Parking
Courier charge
3/19/1999 Service of process
3/25/1999 Outside copy job
Total Professional Services 960.00
9.60 hours at $100.00 /hr 960.00
9.60
12.50
8.30
2.00
20.70
50.00
2.00
Sub -total Expenses: 95.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -029 Page: 3
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
960.00
95.50
1,055.50
278.50
0.00
1,334.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 15, 1999
Charles D. Scurr
Matter ID: 0022 -030
City Manager Jhuboolall v. CSM, Bradshaw
City of South Miami
6130 Sunset Drive Statement No. 3431
City of South Miami, FL 33143
Hours Amount
3/311999 EGG Telephone conference with Sgt. Salerno regarding allegations of 0.40 70.00
complaint
3/5/1999 EGG Analyzed recent Southern District federal court order granting 0.30 52.50
judgment in favor of defendant on legally insufficient claim based on
racially hostile work environment
Total Professional Services 122.50
Rate Summary
Earl G. Gallop
Total hours
For Professional Services
For Disbursements incurred
Current Balance:
Previous Balance:
Payments - Thank you
0.70 hours at $175.00/hr
0.70
Total Due
122.50
To be properly credited, please indicate Statement Number on your remittance check.
122.50
0.00
122.50
0.00
0.00
122.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 15, 1999
Matter ID: 0022 -031
City Manager Phil Levine v. City of South
City of South Miami
6130 Sunset Drive Statement No. 3432
City of South Miami, FL 33143
Total Professional Services 1,077.50
Rate Summary
Eve A. Boutsis 7.50 hours at $125.00 /hr 937.50
Earl G. Gallop 0.80 hours at $175.00/hr 140.00
Expenses
Total hours: 8.30
Postage
5.95
Hours Amount
3/2/1999
EAB Analysis of internal affairs- sexual harassment claim against
3.00 375.00
Levine, review of transcripts and internal memoranda for preparation
of response to EEOC complaint
3/5/1999
EAB Reviewed personnel file and all IA files on Levine, Diaz and Fosse
1.50 187.50
[whom he claims received favorable treatment], began organizing
the facts into the EEOC response
3/24/1999
EAB Prepared response to the EEOC charge of religious discrimination,
3.00 375.00
telephone conference with Chief Watson's Office regarding
obtaining certain documents to include as an exhibit to the
response.
3/24/1999
EGG Reviewed response to EEOC notice of charge of discrimination
0.30 52.50
3/26/1999
EGG Final preparation of response to EEOC complaint and review of
0.50 87.50
exhibits
Total Professional Services 1,077.50
Rate Summary
Eve A. Boutsis 7.50 hours at $125.00 /hr 937.50
Earl G. Gallop 0.80 hours at $175.00/hr 140.00
Expenses
Total hours: 8.30
Postage
5.95
Photocopies
45.50
Legal research
5.06
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: - 0022 -031 Page: 2
Sub -total Expenses: 56.51
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
1,077.50
56.51
1,134.01
62.50
0.00
1,196.51
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGINGALLOPFIGUEREDOPA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 15, 1999
Charles D. Scurr
City Manager Matter ID: 0022 -032
City of South Miami Thomas H. Ratner v. CSM
6130 Sunset Drive Statement No. 3433
City of South Miami, FL 33143
Hours Amount
3/15/1999 EGG Reviewed requests for answers to interrogatories, opened file„ 0.40 70.00
requested designation of litigation liaison from Mr. Scurr,
instructions to work attorney
Total Professional Services 70.00
Rate Summary
Earl G. Gallop 0.40 hours at $175.00/hr 70.00
Expenses
Photocopies
Total hours: 0.40
Sub -total Expenses
67.75
67.75
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments -Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -032 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
70.00
67.75
137.75
0.00
0.00
137.75
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 15, 1999
City of South Miami Matter ID: 0022 -034
6130 Sunset Drive CSM v. Third Group Mortage,
City of South Miami, FL 33143
Statement No. 3434
Hours Amount
3/2/1999 EAB Completed proof of claim to submit to NY Bankruptcy Court 0.40 60.00
3/29/1999 EGG Instructions to Ms. Boutsis regarding further handling in connection 0.20 35.00
with associated bankruptcy proceeding
Total Professional Services 95.00
Rate Summary
Eve A. Boutsis 0.40 hours at $150.00 /hr 60.00
Earl G. Gallop 0.20 hours at $175.00/hr 35.00
Total hours: 0.60 95.00
3/3111999 Disbursements incurred - 3.0 % 2.85
For Professional Services 95.00
For Disbursements Incurred 2.85
Current Balance: 97.85
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 97.85
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please nofity us within 10 days of any questions you have regarding this invoice. Interest at a rate of 1.5%
per month will be charged if payment is not received within 30 days.
® CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission Date: April 14, 1999
Agenda Item #
From: Charles D. Scuff " G Subject: Hometown District
City Manager Arcades- Awnings
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF ` SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, AMENDING SECTION 20 -7.7 (B), ENTITLED
"BUILDINGS AND THEIR PLACEMENT —MAIN STREETS, SUNSET &
RED ROAD, SECTION 20 -7.7 (C), ENTITLED "REQUIRED
ELEMENTS —MAIN STREETS, SUNSET & RED ROAD," AND
SECTION 20 -.7.11 (B), ENTITLED "BUILDINGS AND THEIR
PLACEMENT - GENERAL PROVISIONS, APPLY TO ALL ";
PROVIDING FOR ARCADE AND AWNING STANDARDS; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
BACKGROUND '& ANALYSIS
On October 19, 1993, the City Commission adopted Ordinance No. 19 -93 -1545, creating
the Hometown District Overlay Ordinance. The Ordinance requires that any new
development or substantial redevelopment in the commercial area of the district
construct, or maintain arcades on Sunset Drive and Red Road to protect the pedestrian
from inclement weather
Currently, the South Florida Building Code does not permit the construction of arcades in
the public right -of -way. Therefore, the Land Development Code requires a feature that
cannot legally be constructed. The attached ordinance was passed on the 1st reading on
March 2, 1999. The Ordinance was presented to the Planning Board on March 9, 1999 for
its consideration and recommendation. The Planning Board after conducting a public
hearing and an extensive deliberation felt that the proposed ordinance will undermine the
intent : and the purpose of requiring the arcades along Red Road and Sunset Drive. The
Board recommended that the City research what other Cities are doing as well as work
towards resolving the conflict between the codes.
RECOMMENDATION:
It is recommended that this item be deferred to a future Commission meeting after further
1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
3
4 Section 1. Section 20 -7.7 (B) of the South Miami Land Development Code,
5 entitled " BUILDINGS AND THEIR PLACEMENT -MAIN STREETS Sunset & Red
6 Road," is amended to add the following:
7
8 • Lot Coverage = 60 % maximum
9 20,000 SF maximum per building
10 • Open Yard Space = 5% min.
11
12 Either Arcade-or Awning: Required
13 • Awning Clear Height = 7' -6"
14 • Arcade Depth = 8' minimum
15 • Arcade' Clear Height =10' minimum
16 • Arcade or Awning Length '= 100% of Building
17 Frontage.
18
19 [The rest of the Section remains unchanged.]
20
21
22 Section 2. Section 20 -7.7 (C) of the South Miami Land Development Code,
23 entitled "REQUIRED ELEMENTS—MAIN STREETS Sunset
&Red Road," amended
24 to add the following:
25
26 FRONT
27 PROPERTY
28 LINE/BUILD-
29 TO LINE
30
31
32 -
33 1 ARCADES
34 W OR AWNINGS
35 r
36 H
37 v'
38
39
40
41 [The rest of the Section remains unchanged.]
42
43
1
2 Section 3. Section 20 -7.11 (B) of the South Miami Land Development Code,
3 entitled `BUILDINGS AND THEIR PLACEMENT — GENERAL PROVISIONS,
4 APPLY TO ALL," is amended to add the following:
5
6 4. Conflict with South Florida Building g ode (SFBC)
7 At the current time, arcades and structural members thereof may not be
8 constructed in the public right- of- way per the SFBC. Until such time that
9 arcades and structural members thereof may be constructed in the public right-
10 of -way, awnings shall be constructed in lieu of arcades.
11
12 Section 4.'- This ordinance shall be effective until such time as the applicable
13 building code allows the construction of arcades in the public right -of- way; at such time,
14 the amendments made by this ordinance shall be null and void.
15
16 Section 5.` If any section, clause, sentence, or phrase of this ordinance is held to
17 be invalid or unconstitutional by any court of competent jurisdiction, the said holding
18 shall in no way affect the validity of the remaining portions of this ordinance.
19
20 Section 6. All ordinances or parts of ordinances in conflict with the provisions of
21 this ordinance are hereby repealed.
22
23 Section 7. This ordinance shall take effect immediately at the time of its passage.
24
25
26 PASSED AND ADOPTED THIS 16th day of March, 1999
27
28 ATTEST: APPROVED:
29
30
31 CITY CLERK MAYOR
32
33 READ AND APPROVED AS TO FORM:
34
35
36 CITY ATTORNEY
37
38
39
40
41
42
43
44
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_ EFT. MIN. ARRCADE WDTN • Building Frontage = 1009 of Lot
F T r" - - - - ' / / /// / //�,, Frontage along Build to Line
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(� FRONTAGE I 1 & 20,000 SF maximum per budding.
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t` • w }... a y • Awning Clear Height = T -6' min.
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LINE / euILD•TO -LINE Drive- lhru(s) not permitted.
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Required elements are indicated with hatch ''lines above.
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fences, Garden Walls. and Hedges are also'. permitted in
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other locations of each lot.
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1. PENFC 'VAR l C@ HFDCFC;
Fronr &Side: Fences or Garden Walls . are required on all on -built
front and side property Imes which abut streets. Height shall be 30" -
36
.r
Rear: Fences, Garden Walls, or I ledpes:are required on un -built rear
property lines and along alleys. Height shall be 3' - SV Shrubs. for
�.
hedges sfiall be at least 2' tallar time of planting and spaced at a
maximum of 40" on center.
-
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Where building walls are situated a distance of 4' 6" or less from a
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roperty line running parallel to the wall: fences, garden walls, or
hedges are not required.
9
Openings for Pedestrians: 6' wide maximum.
rn
l I
Openings for Vehicle Access; 9' minimum to 24' wide maximum.
Fences, Garden Wells and Hedges shall be minimum 30% opaque.
Fences (whole or in pan) made of chain -link or wire are prohibited
along all property lines which abut streets or allevs.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: April 13, 1999
Agenda Item #
From: Charles D. Scuff Re: Modifying and suspending
City Manager certain provisions of Land Development
Code relating to parking
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE;
MODIFYING AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE
REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE
MONTHS, THEREBY ENABLING THE CITY TO ASSESS THE IMPACT OF THE
SHOPS AT SUNSET ` PLACE ON THE DOWNTOWN PARKING SUPPLY,
EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND PREPARE
NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES IN CONFLICT
SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The attached' ordinance has been prepared at the request of Commissioner Feliu, who
wishes to respond to the impact of the Shops of Sunset Place on the downtown parking
supply. The impact has highlighted the need to re- evaluate the parking requirements of the
Land Development Code. The proposed ordinance was approved by the City Commission
on March 2, `1999 on First Reading. The Planning Board conducted a public hearing on
March 9, 1999 and recommended unanimous approval with the stipulation that the City
undertake a parking and traffic study before making any amendments to the parking
requirements. The Land Development Code requires that the Planning Board's
recommendation be brought back to the City Commission within forty -five (45) calendar
days of the time that the item appears for the first time on the Board agenda. This
ordinance will also require review by the Hometown District Parking Committee, which is
scheduled to meet on April 19, 1999 and as a result can not be returned to City
Commission within the prescribed time.
RECOMMENDATION:
It is recommended that this item be deferred to May 4, 1999 City Commission meeting.
Attachments:
Proposed Ordinance passed on,lst reading
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT
SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY,
EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND
PREPARE NECESSARY AMENDMENTS PROVIDING THAT
ORDINANCES - IN CONFLICT SHALL NOT BE IN FORCE AND
EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission continue to support and promote
growth that is responsible and that contributes positively to the well being of the
community; and
WHEREAS, the Mayor and City Commission are committed to encouraging and
supporting the small property owners and local merchants in the development and
redevelopment of their properties; and
WHEREAS, the Mayor and Commission wish to respond to the impact of The
Shops at Sunset Place on the downtown parking supply; and
WHEREAS, the impact of the Shops at Sunset Place on the downtown parking
supply has highlighted the need to reevaluate the parking regulations contained in the
South Miami Land Development Code; and
WHEREAS, the Mayor and City Commission desire to afford City Staff and
citizens with an adequate time period to reevaluate the City's parking regulations and
propose any necessary changes; and
WHEREAS, the Mayor and City Commission find that it is in public interest to
modify and suspend certain parking provisions in the Land Development Code; and
WHEREAS, the Mayor and City Commission continue to provide leadership in
areas of community concerns.
NOW, THEREFORE, BE .IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The automatic parking adjustments allowed pursuant to Section
20- 7.6(B) of the South Miami Land Development, entitled "Required Parking," are
hereby modified for a period of nine (9) months for the purpose of reviewing the effects
and appropriateness of the adjustment provisions on the future developments, as follows:
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:
1. On- street spaces adjacent to a lot shall count toward the parking
requirements for that lot; a partial space longer than 1 F shall count as a
full space.
2. Where arcades : are optional, buildings with arcades shall receive an
additional 5% reduction in the required number of spaces.
3. In addition to the above, one of the following may apply:
a. Two -story buildings shall receive a 15% reduction in the required
number of spaces.
b. Buildings of two or more stories with uses from two of the three
use categories provided herein under "Permitted Uses," each use
constituting no less than 30% of the gross floor area, shall receive
a 30% reduction in the required number of spaces.
C. Buildings of three or more stories with uses from each of the three
use categories provided herein, each use constituting no less than
25% gross floor area, shall receive a 45 % reduction in the required
number of spaces.
4. For new buildings greater than 50,000 sgft., changes of use and additions
greater than 10,000 square ` feet, the allowable parking adjustments
identified in subparagraphs (2) and (3), above, shall require the affirmative
vote of four (4) members of the City ; Commission and follow those
procedures established for special use permits as set forth in Section 20
5.8(B ) through (F), and shall follow those procedures for public "hearings
set forth in Section 20 -5.1 through 20 -5.6.
5. For new buildings not exceeding 10,000 sgft., - changes of use and
additions not exceeding 10,000 square feet, the allowable parking
adjustments identified in sub graphs (2) and (3), above, shall continue
to be as provided.
Section 2: Section 20- 4.4(H), entitled "The "MetroRail Usage Consideration
via Special Parking Permit," is hereby suspended for a period of nine (9) months for the
purpose of evaluating the effects and appropriateness of this provision on future
developments.
Section 3: Section 20- 4.4(G), entitled "joint Use Spaces via Special Parking
Permit," is hereby' suspended for developments within the boundaries of the Hometown
District for a period of nine (9) months for the purpose of evaluating the effects and
appropriateness of this provision on future developments within the Hometown District.
Section 4: The ordinance shall not apply to any development for which an
application for development permit was submitted prior to the l t reading.
Section 5: All ordinances, resolutions and parts thereof, in conflict with this
ordinance shall not be in force and effect during the time period of this ordinance.
Section 6: 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 7: This ordinance shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this 16th day of March, 1999.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
6 \parking modification study ord.doc\ Planning Board
HOMETOWN DISTRICT OVERLAY ORDINANCE 20-7.6
Story. The horizontal division of a building between the surface of a floor and the surface of
the next floor above, or the next ceiling if there is no floor above. For the purposes of these
regulations a story shall be interpreted as each vertical unit of fourteen-(14) feet maximum,
e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two-story building.
(Ord. No. 19-93 -1545, § 1, 10- 19 -93; Ord. No. 12 -96 -1612, $$ 8, 9, 7- 30-96)
20.7.6 Parking.
(A) Hometown District Parking Committee. Parking in the Hometown District must be
developed and managed primarily as an element of infrastructure critical to enhancing South
Miami's tax base through economic success of the district. Four (4) private citizens and the
Mayor shall serve as the Hometown District Parking Committee charged with oversight of the
supply, convenience, safety, and management of parking. The four (4) private citizens shall be
appointed to two (2) year terms by the mayor with the advice and consent of the city
commission and shall include one or more landowner(s) and one or more tenant(s) from the
district and one or more resident(s) of South Miami. The director of building, zoning and
community development shall serve as the executive secretary to this committee. The
committee shall report to the city commission no less than annually on the state of parking in
the Hometown District and shall from time to time make recommendations to the city
commission for changes in the parking system, for the fees paid into the Parking Infrastruc-
ture Trust Fund, and for the allocation of trust fund monies.
The mayor shall appoint the chairman of the committee. A quorum shall be five (5) members
and an affirmative vote of a majority of the members present shall be required to pass upon
any matter the committee recommends.
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20.4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking requirements for that
lot; a partial space longer than eleven (11) feet shall count as a full space.
(2) Where arcades are optional, buildings with arcades shall receive an additional five (5)
percent reduction in the required number of spaces.
(3) In addition to the above, one of the following may apply:
(a) Two -story buildings shall receive a fifteen (15) percent reduction in the required
number of spaces.
(b) Buildings of two (2) or more stories with uses from two (2) of the three (3) use
categories provided herein under "Permitted Uses," each use constituting no less
than thirty (30) percent of the gross floor area, shall receive a thirty (30) percent
reduction in the required number of spaces.
(c) Buildings of three (3) or more stories with uses from each of the three use
categories provided herein, each use constit,.iting no less than twenty -five (25)
percent gross floor area, shall receive a forty-five (45) percent reduction in the
required number of spaces.
Supp. No. 2
149
20 -7.6 SOUTH MIAMI LAND DEVELOPMENT CODE
(C) Procedure.
(1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12 for
each permitted use. The appropriate reduction in parking spaces shall then be
calculated as provided in Section 20 -7.613 above. If the reduction calculated includes a
fraction less than a whole number, the reduction calculated shall be rounded up and
subtracted from the required (unadjusted) number of spaces to determine the adjusted
parking requirement.
(2) The difference between the number of spaces provided, including on street parking,
and the number of spaces required shall then be determined. If there are fewer spaces
provided than required, the applicant must pay into the Parking Infrastructure Trust
Fund a fee, as determined from time to time by the parking committee, reflecting the
actual land and construction costs for parking, for each space required but not
provided. Monies paid into the Parking Infrastructure Trust Fund shall be placed in a
trust account separate from general funds and may be used only for improvements to
the city parking infrastructure to increase parking capacity or to enhance use of
existing parking capacity.
(3) Historic or contributive buildings are exempt from all parking requirements.
(4) Any changes in use in a building will require a re- calculation in the required parking
pursuant to (B) above. If the new combination of uses requires additional parking
spaces, a fee, as determined from time to time by the parking committee, must be paid
into the Parking Infrastructure Trust Fund. If fewer spaces are required, no refunds
will be paid.
(Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 8 -96 -1608, § 1, 5- 21 -96)
Supp. No. 2 150
Uses
Apartment or
Townhouse
Other Uses
OTHER REGULATIONS
20-4.4
Weekdays
Weekends
6 a.m.
6 p.m.
6 a.m.
6 p.m.
12 a.m.
through
through
through
through
through
6 p.m.
6 a.m.
6 p.m.
12 a.m.
6 a.m.
10%
100%
75%
100%
100%
100%
100%
100%
100%
100%
Method of Calculation:
Step 1. For each of the five (5) time periods, multiply the minimum number of parking
spaces required by Section 20- 4.4(B), Space Requirements.
Step. 2. Add the results of each column. The required number of parking spaces shall
equal the highest column total.
---� (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a
proposed structure or use is to be located within one thousand five hundred (1,500) feet of the
South Miami MetroRail Station, as measured from property dine to property line, four (4)
affirmative votes of the city commission may reduce the number of required off - street parking
spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and
its - potential user relationship to rapid transit facilities, as provided for under Section
20- 4.4(.1):
(I) Valet parking via Special Parking Permit. Up to fifty (50) percent of the required parking
for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be
satisfied through the provision of valet parking spaces via special parking permit approved by
of =11tive vote of the city commission. The number of required parking spaces that, are not
provided on the same property as the use approved for valet parking shall be provided via the
off -site parking provisions in Section 20- 4.4(F)(2), or the city commission may approve the use
of on- street parking spaces to provide for a portion of or all of the required parking spaces.
Valet parking, as provided in Section 20- 4.4(I), shall not make use of off -site parking located
adjacent to residential property and/or RO zoned property after 7:00 p.m.
In no case shall vehicle stacking or double parking be permitted on public rights -of -way or
public :streets to supply the required parking spaces for the valet special parking permit.
(j) Procedures for Special Parking Permit. Special parking permits may be approved,
disapproved, or approved with conditions by the affirmative vote of four (4) members of the city
commission. Special parking permit procedures shall follow those procedures established for
special use permits as set forth in Section 20- 5.8(B) through (F), and shall follow those
procedures for public hearings set forth in general in Sections 20 -5.1 through 20 -5.6.
(I{) Parking Fees Prohibited Generally, Exceptions.
(1) No parking fees, charges or other remuneration shall be charged for the use of any or
all off - street parking spaces as may be required by this Code, except as provided in
subparagraph (3) below.
Supp. No 2 96.1
(a) Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR, I, H,
PR and PI districts, with the provision that if off - street parking is adjacent to
residential zoned properties and/or RO zoned properties, special use process
would be applicable for approval.
(b) Required off - street parking spaces may be located and maintained up to six
hundred (600) feet from a residential or institutional use served and up to one
thousand (1,000) feet from a noninstitutional and nonresidential use served.
(c) Off -site parking spaces shall be on land either held in common ownership with
the lot on which the principal use will exist under a unity of title insuring that the
required parking will be provided, or as a condition of the issuance of the building
permit for the principal use, the owner of the off -site parking shall record a
covenant in form and substance satisfactory to the city attorney and city
commission providing record notice of the commitment of that land to parking
purposes for the principal use. If at any time such offsite parking ceases to be
under the same ownership or control as the principal use or ceases to be used for
parking for the principal use, the certificate of use and occupancy for the principal
use shall be subject to revocation by the city manager, after notice and hearing.
(3) Parking shall be permitted in yard setback areas, except in required front yard
setbacks in the RO district.
(4) Parking of commercial vehicles of one (1) ton or greater capacity shall not (be]
permitted in all RS, RT or RM districts.
(5) Parking structures shall not be located within required yard setback areas.
(6) No off - street parking space shall be located within ten (10) feet of any street curb or so
as to permit any portion of a parked vehicle to extend across a property line.
--� (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to
share the same required off - street parking spaces in a common parking facility, according to
the following table:
Uses
Weekdays
Weekends
6 a.m.
6 p.m.
6 a.m.
6 p.m.
12 a.m.
through
through
through
through
through
6 p.m.
6 a.m.
6 p.m.
12 a.m.
6 a.m.
Office or
100%
5%
10%
5%
5%
Bank
Retail
60%
20%
60%
60%
5%
Hotel
50%
60%
60%
100%
75%
Restaurant
50%
75%
75%
90%
10%
Theater
10%
70%
60%
90%
10%
Nightclub
5%
50%
5%
100%
90%
Supp. No. 2
96
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission Date:
From: Charles D. Scurr Subject:
City Manager
REQUEST
April 13, 1999
Agenda Item # 16 Revised Parking Requirements
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PARKING
REGULATIONS OF THE LAND DEVELOPMENT CODE, AMENDING
SECTIONS 20- 3.3(D), ENTITLED "PERMITTED USE SCHEDULE," 20 -4.3,
ENTITLED "SIGN REGULATIONS' AND SECTION 20 -4.4, ENTITLED
"OFF- STREET PARKING REQUIREMENTS"; PROVIDING FOR
STANDARDS AND PROCEDURES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
The attached ordinance, approved by the City Commission on March 2, 1999 on First
reading, would amend several sections of the Land Development Code (LDC), which
regulate parking, allowing for the clarification and optimization of existing sections and
providing for a better utilization of the City's existing gross parking capacity. The
ordinance was presented to the Planning Board on March 9, 1999 for review and
recommendation. After a public hearing and a lengthy deliberation The Board felt the need
for a workshop with the merchants and the property owners. A workshop was conducted
by the Planning Board on March 30, 1999. Based on the input received and discussion by
the Board members a number of changes were recommended. These changes, while
extensive, do not alter the intent or the purpose of the original ordinance. A revised version
of the ordinance will be presented to the Hometown District Parking Committee and to the
Planning Board on April 19th and April 27th respectively before it is brought back to the
City Commission for the second reading.
RECOMMENDATION: It is recommended that this item be deferred to May 4, 1999 City
Commission meeting.
Attachments:
Proposed Ordinance passed on 1st reading
Section 20- 3.3(D); Sec. 20 -4.4
c:\...\ Parking Requirements.doc
12
1 ,
ORDINANCE NO.
2
1
3
AN ORDINANCE OF THE MAYOR AND CITY
4
COMMISSION OF THE CITY OF SOUTH ` MIAMI,
5
FLORIDA, RELATING TO THE PARKING REGULATIONS
6
OF THE LAND DEVELOPMENT CODE, AMENDING
7
SECTIONS 20- 3.3(D), ENTITLED "PERMITTED USE
8
SCHEDULE," 20 -4.3, ENTITLED "SIGN REGULATIONS'
9
AND SECTION- 20 -4.4 ENTITLED "OFF- STREET PARKING
10,
REQUIREMENTS "; PROVIDING FOR : STANDARDS AND
11
PROCEDURES; PROVIDING FOR : SEVERABILITY,
12
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
13
14
15
WHEREAS, the South Miami Land Development Code regulates many important
16
aspects of parking in the City of South Miami; and
17
18
WHEREAS, there has been a tremendous increase in parking and traffic activity
19
in the City of South Miami, especially in the Hometown District, since the opening of the
20
Shops at Sunset Place; and
21'
22
WHEREAS, the increase in parking and traffic activity has evidenced the need to
23
modify the sections of the Land Development Code, which regulate parking, in order to
24
optimize the City of South Miami's parking system; and
25
26
WHEREAS, the Mayor and City Commission find that it is in the public interest
27
to provide an efficient parking system which maximizes available capacity and continues
28
to protect single - family residences.
29
30
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33
Section 1. Section 20- 3.3(D) of the South Miami Land Development Code (LDC)
34
is amended to include "parking lot, commercial" as a permitted use, as follows:
35
36
SECTION 20 -3.3 (D)
1
1 Section 2. Section 20- 4.3(B) of the LDC is amended to add the following:
2
3 Sign, portable commercial parking lot. Shall mean an A -frame sign which is "
4 permitted for licensed commercial parking lots and may be located on either public or
5 private property.
6
7 Section 3. Section 20- 4.3(I)(5) of the LDC is amended to add the following:
8
9 PORTABLE SIGN FOR COMMERCIAL One (1) PORTABLE SIGN per
10 PARKING LOTS entrance /exit of a licensed
I 1 commercial parking lot, not to
12 exceed a total of four signs. The
13 ' sign' shall not exceed -four feet in
14 height nor six square feet in ' area,
15 and may be located within riprip vate
16 property or public property
17 provided that the sign is no less
18 than 18 inches from the curb. does
19 not reduce pedestrian clearance to
20 less than °54 inches and does not
21 create a traffic hazard.
22
23
24 Section 4. Section 20 -4.4 of the LDC is amended as follows:
25
26 [Sec. 20- 4.4(E)(8)l
27
28 (8) Parking under Buildings. Parking in structures under buildings-,or forming
29 a basement or ground floor of a structure is prohibited in all RS RT, RM,
30 RO and NR districts. Parkiniz in structures forming a basement is
31 prohibited in all RS and RT districts.
32
33
34 [See. 20- 4.4(F)(2)(a)l
35
36 (a) Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR,
37 GR, TODD 1, H, PR and PI districts, with the provision that if off- street
38 parking is adjacent to residentially zoned properties and/or RO zoned
39, properties, special use process would be applicable for approval.
40
41
42
43
44
45
2
1
[Sec. 20- 4.4(I)]
2
3
(I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the
4
required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail
5
establishments may be satisfied through the provision of valet parking spaces 'via
6
special parking permit approved by four affirmative votes of the city commission,
7
pursuant to the following conditions:
8
9
(1) The valet parking operation shall comply with - Section 20-4.4Q, as
10
amended from time to time, of the South Miami Land Development
11
Code, entitled ``Valet Parking.' [The remaining paragraphs are
12
numbered and reordered. ]
13 '
The number of required parking spaces that are not provided on the
14
same property as the use approved for valet parking shall be provided
15
via the off -site parking provision in Section 20- 4.4(F)(2), or the city
16
commission may approve the use of on- street parking spaces to
17
provide for a portion of or all of the required parking spaces.
18
Valet parking, as provided in Section 20- 4.4(I), shall not make use of
19
off -site parking located adjacent to residential property and/or RO
20
zoned property after 79:00 p.m.
21
In no case shall vehicle stacking or double parking be permitted on
22
public rights -of -way or public streets to supply the required parking
23
spaces for the valet special parking permit.
24
25
26
[Sec. 20 -4.4 (J)]
27
28
29
approwd, disapp m4th
proved conditions
30
membem of the- raity commission. Special follow
par-king permit procedures shall
31
established for- special use forth in Section 20-5.8(B)
procedures permits as set through
32
and shall follow those for hearings forth in
, procedwes public set general in Sections
33
20 5.' through 20 5.6. ` [The above is renumbered Section 20- 4.4(K)J
34
35
Q) Interim Parking Permit. In SR MO and TODD zoning districts due to the
36
limited land available . for parking, Interim parking may be permitted by four (4)
37
affirmative votes. of the 'city commission subject to the following criteria
38
39
(1) A site plan demonstrating all physical aspects of the operation
40
must be submitted and approved by the City.
41
42
(2) Permits for each lot °may be issued for interim parking on private or
43
public propert y fora period not to exceed six (6) months and may
44
be renewed evM six 6) months.
45
3
1
(3)
A permit fee of $250 shall be required in addition to the special use
2
application fee.
3
4
(4)
The lot shall be restored to its original condition, by the permitee,
5
upon the expiration, or cancellation, of the Interim Parking permit.
6
7
(5)
Access to the parking lot shall be secured when the lot is not in
8
use.
9
10
(6)
Interim parking lots are not required to comply with the South
11
Miami Land Development Code requirements related to parking
12
lot landscaping, paving, or drainage, however, they shall:
13
14
i. Provide safe access to and from the site without damage to
15
existing sidewalks or curbs through an improved, safe
16
driveway access.
17
ii. Secure M damaged area in such a fashion that will preve
18
pedestrian or vehicular access to such area and shall be
19
repaired within two weeks of the occurrence of the damage.
20
iii. Provide a ten (l0) foot wide level surface area along those
21
portions of the property which abut a public right -of -wa ,
22
where' sidewalks are not available to accommodate the safe
23
and unobstructed' passage of pedestrians. The City may
24
allow' a reduction' in the width if the City determines that
25
safety concerns are otherwise met.
26
iv. Provide a parking lot surface that is level and suitable for
27
the quantity and frequency of traffic expected to use it free
28
of tripping hazards and without potential safety hazards.
29
V. Maintain the parking lot in good condition and avoid
30
conditions "indicative of a public nuisance which shall
31
include but not be limited "to the following: , erosion
32
problems, potholes, silting of streets'' dust overgrowth and
33
accumulation of litter and debris.
34
A. Keep the parking 'lot free from litter, as that term is defined
35
by chapter 13A-2 of the City Code of Ordinances
36
37
(7)
The City shall assess the impact of the "Interim parking request on
38
the surrounding road network. The Ciy m!qy impose reasonable
39
requirements and conditions, including a traffic study if necessary
40
to the Interim parking permit to ensure the continued com ap tibilit,�
41
with the surrounding; road network.
42
43
(8)
Interim Parking lots shall provide parking for disabled persons in
44
accordance with all applicable law.
45
4
1
2
(9) `
Parking fees for Interim parking are permitted and a proposed fee
3
schedule must be submitted with the application for Interim
4
parking; permit.'
5
6
(10 )
All signage must be in accordance with the portable commercial
7
parking, lot sign regulations, as found in Section 20 -4.3.
8
9
(11)
All attendants must be well - groomed and wearing easily identified
10
uniforms.
11
-
12
(12)
Attendants shall not station themselves upon the public right-of-
13
way for the purpose of actively attracting customers or for anX
14
other purpose which results in an interruption to pedestrian and
15
vehicular traffic flow.
16
17
(13)
The City mgy require the operator to hire off: duty police officers.
18
19
(14)
The Interim Event parking permit may be revoked by the City
20
Manager Oon a finding that the use is not in compliance with the
21
LDC or is causing a public nuisance.
22
23
24
[Sec 20- 4.4(K)]
25
26
below is amended and renumbered Section 20- 4.4(L)]
27
�[7TT���he
(K) Parking %riniY
tines rehi ited Ge ner- aIl,�• E'i sptie s
28
29
shell be a
No parking fees, charges
or other remuneration
1J,4a ii�.i, VVU, LLl �. VU Vl VL11V1 iV charge
30
for the use of any or all off be
street par-king spaces as may
31
required by this o,d except as in s„.,...r..rap 3)
V, provided
32
below.
33
(2-)-
Nothing herein shall be construed to
affect any par-king e
34
charges or V t 1V1 remuneration r,„ blin1 V vY le\ par-king
spac 1'
35
�n
or for off street par -king spaces not required by this /
36
LJ-J-
(3)
ne w
i SR. 14 one N40 zoning districts, the
\, 11, LL11�.L 1Y1V , city commission
37
---+- ' o ,,,;aer
the in ,
prohibi-ti-on cont—ined subparagraph above -such
38
terms and conditions as it may,
following : ,,i lic hearing,
U kV 14 111K'' VVL ,
establish,
39
when i+ determines that the follev ,ng or•+ t. are YY it 4 LiV LVL111111VJ LLLLLL Gll
40
The-sole of 11 . . .11- fee, th
CAT purpose charge or-
41
rA,,,, „o, � + ;, ,, is for- r-th the useofexces^ and/or- ,msed ofd
42
paces to serve the lessee's off street par-king
43
needs for within the City South Miami „ aic
property of
44
VVIIVN LLVLIV
undergoing Construction or reconstruction.
5
1 (b)- The time period- c+„n�7 UGh 1AAWi e-ar shall not exceed one ye
2 unless the city cornmission shall grant — a— ftnrther wai
3 under the if this paragraph for- r goo
4 n.
5 (c)- The Giver „411 not result in o violation of the off street
6 parking requirements eats nc tabl i she by Article cl a IV of the Tan
7 Development Code. and/or
8 (d)- For ores of this subsection the pl MASe c1"exceesss and/oi
9 unused off street !eased parkiing spaces" shall mean Carl, -cnv�c
10 off site parking spaces which are either in excess _AT those'1
11 1 par-king [spaces] required for the lessor or which are „nuse
12 by the lessor, comparing lessor's 13 total- leasable space. occupancy
ace. [Section 20- 4.4(K) is amended and
14 renumbered 20- 4.4(L)J
15
16 Procedures "for Special Parking Permit. Special parking permits may be
17 approved, disapproved, or approved with conditions by the affirmative vote of four (4)
18 members of the city commission. Special parking permit procedures shall follow those
19 procedures established for special use permits as set forth in Section 20- 5.8(B) through
20 (F), and shall follow those procedures for public hearings set forth in Izeneral in Sections
21 20 -5.1 through 20 -5.6. [The above, entitled "Procedures..." was moved from`Sec. 20-
22 4.4(J). J
23
24
25 [Sec. 20- 4.4(L)]
26
27 [The below, entitled "Parking Fees..." was moved from Sec. 20- 4.4(K),
28 renumbered and amended.]
29 (L) Parking Fees Prohibited Generally; Exceptions.
30
31 (1) No parking fees, charges or other remuneration shall be charged
32 for the use of any or all off-street parking spaces as may be
33 required by this Code, except as provided in this Section.
34 subparagraph (3) below-.
35
36 (2) Nothing` herein this paragraph shall be construed to affect any
37 parking fees, charges or other remuneration for publicly -owned
38 parking spaces. or for off street par-king n space not required by +� n
39 Cede
40
41 i2i in SR, .�nr1 l� O z districts the city commission
�Tr , , and 1 1V L+Vlllll�,. ,
42 the prohibition non +winbed in subparagraph (1) above Znder- sucT1i ,
43 terms and conditions as it mn establish, folly.., ing public he
44 when it determines that the folio g •t t; are iVll 14 LLVYVi111111VU I.11/il 411V 1V11
45
6
1
(a)-
The the fee, or-
sole purpose of parldng charge other
2
for- the of set off
remuneration use excess and/or
3
!eased t less ors street ;rig
tot1
street spaces serve e of par-k
4
<i
needs for the ■ ity South Miami 01h.
property within of
5
under-going construction or reconstr»ction
6
7
(b)-
�"�
The time for such n/�waiver sMI not exceed one v`n/rarr
period
8
the Ther
unless city shall grant a—% w- aiiTii
9
„ n of this for cause
under the provisions paragraph good
10
11
12
(c+
The :,A4!1 not result in � the off street
waiver violation of
13
king by Article 1V of the La
par- requirements established
14
Development rode
15
16
(d)-
For- of this "excess
purposes sub phrase and/or
17
unused off street nall those
par-king spaces" mean
18
off site spaces eitnor in excess those
parking of
which are
19
ng [spaces] required for- the lessor or- are i■n se�
lessor-
paFI
1.1 VV, 1V1 411V which
YY 111V11 G[CG GLZ1GlUGG[
...20
nV�M11VK
by the.- )ewer; Fi7m=1T.7U3712gIPssor's occupancy to lessor-'s-
21
cn
t„tall Iloosoh-ln space.
22
23
(3) Commercial Parking Lots shall be considered as any parking lot or
24
structure which provides parking _spaces for a fee, 'charge or other
25
remuneration and shall be permitted in the SR, MO, GR, PI and
26
TODD zoning districts pursuant to the following conditions:
27
28
(a)
The use shall not be the principal use and shall serve only
29
as an accessory use.
30
31
(b)
The use shall have a current South Miami occupational
32
license.
33
34
(c)
The use shall not be subject to the regulations contained in
35
Sections 20- 3.6(I)(3) -(5), relating to accessory structure or
36
use setbacks and location, but shall be required to comply
37
with the remainder of 20- 3.6(1), Section 20 -4.4 Section 20-
38
4.5 and all other applicable regulations of the South Miami
39
Land Development Code.
40
41
(d)
For a igiven parcel on which a commercial parking lot is
42
located, no commercial parking` lot shall charge a fee' or
43
other remuneration for the code required parking spaces
44
which serve that parcel's principal use(s).
45
7
I
(e) For the purpose of Commercial Parking Lots only, the
2
parking spaces required by this Code for a given use shall
3
not be considered as required during that use's non-
4
business hours.
5
6
( A report must be submitted biannually that includes the
7
following:
8
9
i. An examination fee of $500
10
ii. Property owner consent
11
iii. A petition demonstrating the awareness of 75% of
12
the tenants in the affected building(s)
13
iv. A survey and site plan/floor plan demonstrating all
14
physical aspects of the operation including, but not
15
limited to, the following: location of licensed uses,
16
number of parking_ spaces, commercial parking lot
17
area, landscaping, location and elevation of signage
18
and points of ingress/egress
19
V. List of licensed uses, including; hours of operation,
20
located on the subject parcel(s)
21
vi. Calculations demonstrating hegross floor area
22
(gfa) of on -site buildings, the gfa of on -site uses,
23
number of code required' parking spaces, number of
24
parking spaces in excess of ` code requirements,
25
number of leased spaces and number of spaces
26
available for lease
27
vii. All executed parking agreements, including fee
28
schedule.
29
viii. An y additional information required by the City
30
31
(g) All attendants must be well - groomed and wear easily identified
32
uniforms.
33
34
(h) Attendants shall not station themselves upon the public right-of-
o
35
way for the purpose of actively attracting customers or for any
36
other purpose which results in an interruption to pedestrian and
37
vehicular traffic flow.
38
39
W All signage must comply with Section 20 -4.3 of the LDC.
40
41
(i) The City maw require the operator to hire off -duty police officers.
42
43
(k ) The parking lot shall be ke pt free from litter, as that term is defined
44
by chapter 13A -2 of the City Code of Ordinances.
45
8
1 (1) The Commercial Parking Lot occupational license may be revoked
2 by the City Manager upon a finding that the use is not in
3 compliance with the LDC or is causing a public nuisance.
4
5 (5) Special Events Parking Permit. In SR, MO and TODD zoning
6 districts due to the limited land available for parking and the short term duration and
7 single occurrence of menu events Special Event parking may be permitted by the City
8 Manager, subject to the following criteria
9
10 (a) A site plan demonstrating all physical aspects of the operation
11 must be submitted and approved by the City.
12
13 (b) Permits for each lot may be issued for Special Event parking _on
14 private or public propegy grope , for a period not to exceed 15 days and
15 may be renewed once, for an additional 15 dUs
16'
17 (c) An application fee of $150 is required.
18
19 (d) The lot shall be restored to its original condition, by the permitee,
20 upon the expiration, ' or cancellation, of the Special Event Parking
21 permit.
22
23 (e) Access to the parking lot shall be secured when the lot is not in
24 use.
25
26 (f Special Event parking lots are not required to comply with the
27 South Miami Land Development Code requirements related to
28 parking; lot landscaping paving, or drainage; however, thgy shall:
29
30 i. Provide safe access to and from the site without damage to
31 existing sidewalks or curbs ` through an improved, safe
32 driveway access.
33 ii. Secure any damaged area in such a fashion that will ` rp event
34 pedestrian or vehicular access to such area and shall be
35 repaired within two weeks of the occurrence of the damage.
36 iii. Provide a ten (10) foot wide level surface area along those
37 portions of the property which abut a public right -of -wad
38 where sidewalks are not available to accommodate the safe
39 and unobstructed passaofpedestrians. The City maX
40 allow a reduction in the width if the City 'determines that
41 safety concerns are otherwise met.
42 iv. Provide a parking lot surface that is level and suitable for
43 the quantity and frequency of traffic expected to use it, free
44 of trivD ng hazards and without potential safety hazards
9
I v Maintain the parking lot in good condition and avoid
2 conditions indicative of a public nuisance, which shall
3 include but not be limited to the following;: erosion
4 problems potholes' silting of streets dust overgrowth and
5 accumulation of litter and debris.
6 vi Keep the parking lot free from litter, as that term is defined
7 by chapter 13A -2 of the City Code of Ordinances.
8
9 (g,) The City shall assess the impact of the Special Event parkin
10 request on the surrounding road network. The City may impose
11 reasonable requirements and conditions, including a'traffic stud
12 necessary, to the Special Event parking permit to ensure the
13 continued compatibility with the surrounding road network.
14
15 Special Event- Parking lots shall provide parking for disabled
16 persons in accordance with all applicable law.
17
18 (i) Parking fees for Special Event parking are permitted and a
19 proposed fee 'schedule must be submitted with the application for
20 Interim parking permit.
21
22 ljl All signage must be in accordance with the portable commercial
23 parkin lot of sign regulations, as found in Section 20 -43.
24
25 (k) All attendants must be well - groomed and wearing easily identified
26 uniforms.
27
28 (1) Attendants shall not station themselves upon the public right-of-
29 _ way for the purpose of actively attracting customers or for any
30 other purpose which results in an interruption to pedestrian and
31 vehicular traffic flow:
32
33 (m) The City may require the operator to hire off -duty police officers.
34
35 Un) The Special Event arm king permit may be revoked by the City
36 Manager upon a finding that the use is not in compliance with the
37 LDC or is causing a public nuisance.
38
39
40 Section 5. 'If any section, clause, sentence, or phrase of this 'ordinance is held to
41 be invalid or unconstitutional by any court of competent jurisdiction, the holding shall in
42 no way affect the validity of the remaining portions of this ordinance.
43
44 Section 6. All ordinances or parts of ordinances in conflict with the provisions of
45 this ordinance are hereby repealed.
10
1
2 Section 7. This ordinance shall take effect immediately at the time of its passage.
3
4 Section 8. This ordinance shall apply to existing Commercial Parking Lot
5 operations. Operators of existing Commercial Parking Lots shall have 60 days, unless
6 that time is extended by the City Manager for good cause, to come into compliance with
7 the requirements of this ordinance.
8
9 PASSED AND ADOPTED THIS day of '1999
10
11 ATTEST: APPROVED:
12
13
14 CITY CLERK MAYOR
15
16 READ AND APPROVED AS TO FORM:
17
18
19 CITY ATTORNEY
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
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40
41
42 c:\...\ Parking Requirements.doc
11
ZONING REGULATIONS 20 -3.3
ZONING DISTRICT
R L M N S G I H P P C P
USE TYPE O O O R R R I R O A
N R
D K
"1'KANSPOWrArION, WAREHOUSING AND COMMUNICATIONS
Radio & TV Broadcasting Station
P
P1
P
I P
I P
P
1
14
1
12
Bus, Transit or Taxi Terminal
I
IP
P
P
1
14
Food Products (no abattoir or distillery)
12
Food Storage Locker
I
I
P
14
Furniture & Fixtures
12
Material Storage Yard
I
I
P
14
Machine Shop
.121-
Storage Garage
I
I
P
1
14
Ornamental Metalwork Shop
1
114
Transfer & Moving Company
P
P
14
Paint & Allied Products
1
114
Vehicle & Truck Storage
P
P
14
Printing, Publishing or Bookbinding
14
Public Warehousing & Storage
P
P
14
Sign Painting & Lettering Shop
14
MANUFACTURING AND 11"4TENSIVE USES
Apparel Products
P
14
Cabinet Making & Millwork
P
14
Food Products (no abattoir or distillery)
P
14
Furniture & Fixtures
P
14
Machine Shop
P
14
Ornamental Metalwork Shop
P
14
Paint & Allied Products
P
14
Printing, Publishing or Bookbinding
P
14
Sign Painting & Lettering Shop
P
14
Stone Cutting & Processing
P
14
Tire Vulcanizing & Retreading
P
14
Upholstery Shop
tfpl
14
EXCERPT FROM THE SOUTH MIAMI CODE OF ORDINANCES
Section 15-63 Mobile vendors: definition and regulation
(a) A mobile vendor is any person, firm, corporation or other entjty which travels from place to place selling any and
all goods, wares, and merchandise, including, specifically, food, food products and beverages.
(b) All mobile vendors are prohibited from operating or doing business in the City of South Miami except as
hereinafter provided.
(c) Mobile vendors selling food, food products and beverages may operate and do business in I zoning districts or
upon construction sites where work is actively in progress upon the following terms and conditions:
i. No mobile vendor shall station itself upon any public street or right -of -way. Neither shall any mobile vendor
station itself upon any private property except with the express permission of the owner thereof and in a
manner which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access
to streets or rights -of -way.
ii. All mobile vendors must provide for their own trash and garbage removal such that no trash or garbage remain
on the premises upon which the vending was conducted.
iii. No mobile vendor shall remain in any one site longer than thirty (30) minutes except in the case of a special
event, exhibition, exposition, art show and/or festival not to exceed five (5) days and when further specifically
permitted by a majority affirmative vote of the city commission by resolution.
iv. Mobile vendors must operate from four -wheel motorized vehicles registered in the State of Florida except in the
case of fairs, exhibitions and expositions not exceeding five (5) days.
Supp. No. 3 87
OTHER REGULATIONS 20-4.4
(M) Computations. The following principles shall control the computation of sign area and
sign height:
(1) Computation of Area of Individual Signs. The area of a sign shall be computed by
means of the smallest square, circle, rectangle, triangle, or combination thereof that
will encompass the extreme limits of the sign content, together with any material or
color forming an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed, but not including
any supporting structure clearly incidental to the display itself or any other clearly
incidental decorative element;
(2) Computation of Area of Multi -faced Signs. The sign area for a sign with more than one
face shall be computed by adding together the area of all sign faces visible from any one
point. When two identical sign faces are placed back to back, so that both faces cannot
be viewed from any point at the same time, and when such sign faces are part of the
same sign structure and are not more than 3 feet apart, the sign, area shall be
computed by the measurement of one of the faces; and
(3) Computation of Height. The height of a sign shall be computed as the distance from
grade as defined in this Code to the top of the highest component of the sign or
supporting structure.
(Ord. No. 1 -91 -1466, 1- 15 -91; Ord. No. 9 -92 -1504, 5- 19 -92; Ord. No. 4 -93 -1533, 6 -1 -93; Ord. No.
18-93 -1544, §§ 2, 3, 11- 16 -93; Ord. No. 19 -96 -1619, § 1, 10 -1 -96)
20 -4.4 Off - street parking requirements.
(A) Applicability. All structures and uses which are erected, established or enlarged within
the city shall provide adequate off - street parking spaces and control mechanisms for on -site
vehicular and pedestrian traffic in order to insure the safety and convenience of the public
pursuant to the requirements of this section.
(1) On- street parking spaces adjacent to a lot shall count toward the parking require-
ments set forth below in subsection (B) for that lot; a partial space longer than eleven
(11) feet shall count as a full space.
(2) Unimproved rights -of -way adjacent to business property in commercial zoning dis-
tricts may be improved by the abutting property owner for credit as on- street parking
spaces by written application to the City Manager.
On- street parking spaces may be assigned and credited to other properties within
1,500 feet of any on- street parking space by written consent of the property owner to
whose property the space is currently credited with the written consent and approval
of the City Manager. The City Manager will determine if the installation of parking
meters is merited and appropriate for the area.
Supp. No. 2 93
204.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(B) Space Requirements. The minimum number of off - street parking spaces required for
each permitted or special use shall be as set forth below and referenced in Section 20 -3.3D.
Where fractional spaces result, the number of spaces required shall be the next highest whole
number.
(1) Two (2) spaces per dwelling unit.
(2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be
enclosed.
(3) One and one -half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit
with one or more bedrooms, plus an additional visitor space for every ten (10) units.
(4) One (1) space per guest room, plus two (2) spaces for the reception office.
(5) One and three - quarters (1.75) spaces per bed.
(6) One (1) space per three (3) seating spaces in the main assembly room.
(7) One (1) space per one hundred (100) square feet of gross floor area.
(8) One (1) space per one hundred fifty (150) square feet of gross floor area.
(9) One (1) space per two hundred' (200) square feet of gross floor area.
(10) One (1) space per two hundred fifty (250) square feet of gross floor area.
(11) One (1) space per three hundred (300) square feet of gross floor area.
(12) One (1) space per four hundred (400) square feet of gross floor area.
(13) One (1) space per five hundred (500) square feet of gross floor area.
(14) One (1) space per one thousand (1,000) square feet of gross floor area.
(15) One (1) space per four (4) seats or seating places.
(16) Five (5) spaces per alley or five hundred (500) square feet of rink area.
(C) Dimensional Design Standards.
(1) Standard non - handicapped parking spaces. All required off - street parking spaces shall
be a minimum of nine (9) feet in width by eighteen (18) feet in depth, exclusive of
accessways.
(D) Required Handicapped Spaces. With either of the above alternatives, off - street parking
spaces for the physically handicapped or disabled shall be provided as required by the South
Florida Building Code (SFBC). For uses requiring five (5) or fewer spaces, no handicapped
spaces shall be required.
(1) Handicapped spaces shall be a minimum of twelve (12) feet in width by eighteen (18)
feet in depth, or twenty -one (2 1) feet in width by eighteen (18) feet in depth for two (2)
contiguous spaces, except for accessways.
(2) Signs or symbols indicating as required by SFBC "Handicapped Parking Only" shall be
required for each designated space.
Supp. No. 2 94
OTHER REGULATIONS 20-4.4
(E) Required Parking Improvements.
(1) Every required off -street parking area shall be graded and drained to prevent damage
to adjacent properties, streets and alleys and shall be surfaced with erosion resistant
material, in accordance with all applicable codes.
(2) Markings and signs.
(a) Off -street parking areas shall be marked with painted lines, curbs or other means
to indicate individual spaces.
(b) Signs or markers shall be used as necessary to insure efficient traffic circulation
within all required parking areas.
(3) Lighting.
(a) Lighting shall provide footcandle illumination as required by SFBC of all
required off - street parking spaces if such spaces are to be used at night.
(b) Lighting shall be arranged and installed to minimize glare on adjacent residen-
tial properties and districts.
(4) Off - street parking spaces shall be separated from walkways, sidewalks, streets or
alleys by an approved wall, fence, curbing or other protective device.
(5) Landscaping for all off- -street parking areas shall be required, in accordance with
Section 20 -4.5.
(6) Awnings, canopies or other metal, canvas or fabric- covered shelters shall be designed,
placed or used for parking of motor vehicles between the right -of -way and the front
building line, except in residential districts and as regulated herein.
(7) Entrances and exits.
(a) Entrances and exits shall not be located where they may create undue traffic
problems.
(b) All entrances and exits to required off -street parking areas shall be located not
less than fifteen (15) feet from any street intersection and designed so as to
prohibit the backing out of vehicles into public rights -of -way.
(c) Landscaping, curbing or control barriers shall be provided along lot boundaries to
control entrance and exit of vehicles or pedestrians.
(8) Parking under buildings. Parking in structures under buildings or forming a basement
or ground floor of a structure is prohibited in all RS, RT, RM, RO and NR districts.
(9) No vehicular access to an RO use shall be permitted on a side adjacent to and/or facing
property zoned for single - family residential purposes, unless that side is the only
possible means of access to the RO property.
(F) Location and Ownership of Spaces.
(1) All off -street parking spaces shall be located on the same lot with the structure or use
served, except as may be permitted below,
Supp. No. 2 95
20 -4.4 SOUTH MUMI LAND DEVELOPMENT CODE
(2) Spaces located off -site.
(a) Off -site parking spaces shall be permitted in RM, RO, LO, MO, NR, SR, GR, I, H,
PR and PI districts, with the provision that if off -street parking is adjacent to
residential zoned properties and/or RO zoned properties, special use process
would be applicable for approval.
(b) Required off- street parking spaces may be located and maintained up to six
hundred (600) feet from a residential or institutional use served and up to one
thousand (1,000) feet from a noninstitutional and nonresidential use served.
(c) Off -site parking spaces shall be on land either held in common ownership with
the lot on which the principal use will exist under a unity of title insuring that the
required parking will be provided, or as a condition of the issuance of the building
permit for the principal use, the owner of the off -site parking shall record a
covenant in form and substance satisfactory to the city attorney and city
commission providing record notice of the commitment of that land to parking
purposes for the principal use. If at any time such off -site parking ceases to be
under the same ownership or control as the principal use or ceases to be used for
parking for the principal use, the certificate of use and occupancy for the principal
use shall be subject to revocation by the city manager, after notice and hearing.
(3) Parking shall be permitted in yard setback areas, except in required front yard
setbacks in the RO district.
(4) Parking of commercial vehicles of one (1) tan or greater capacity shall not (be)
permitted in all RS, RT or RM districts.
(5) Parking structures shall not be located within required yard setback areas'.
(6) No off - street parking space shall be located within ten (10) feet of any street curb or so
as to permit any portion of a parked vehicle to extend across a property line.
(G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to
share the same required off - street parking spaces in a common parking facility, according to
the following table:
Uses
Weekdays
Weekends
6 a.m.
6 p.m.
6 a.m.
6 p.m.
12 a.m.
through
through
through
through
through
6 p.m.
6 a.m.
6 p.m.
12 a.m.
6 a.m.
Office or
100%
5%
10%
5%
5%
Bank
Retail
60%
20%
60%
60%
5%
Hotel
50%
60%
60%
100%
75%
Restaurant
50%
75%
75%
90%
10%
Theater
10%
70%
60%
90%
10%
Nightclub
5%
50%
5%
100%
90% "
Supp. No. 2 •96
Uses
Apartment or
7bwnhouse
Other Uses
OTHER REGULATIONS
20-4.4
Weekdays
Weekends
6 a.m. 6 p.m.
6 a.m.
6 p.m.
12 a.m.
through through
through
through
through
6 p.m. 6 a.m.
6 p.m.
12 a.m.
6 a.m.
10% 100%
75%
100%
100%
100% 100%
100%
100%
100%
Method of Calculation:
Step 1. For each of the five (5) time periods, multiply the minimum number of parking
spaces required by Section 20- 4.4(B), Space Requirements.
Step. 2. Add the results of each column. The required number of parking spaces shall
equal the highest column total.
(H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a
proposed structure or use is to be located within one thousand five hundred (1,500) feet of the
South Miami MetroRail Station, as measured from property line to property line, four (4)
affirmative votes of the city commission may reduce the number of required off - street parking
spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and
its potential', user relationship to rapid transit facilities, as provided for under Section
20-4.4(J).
(I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking
for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be
satisfied through the provision of valet parking spaces via special parking permit approved by
affirmative vote of the city commission. The number of required parking . spaces that are not
provided on the same property as the use approved for valet parking shall be provided via the
off -site parking provisions in Section 20- 4.4(F)(2), or the city commission may approve the use
of on- street parking spaces to provide for a portion of or all of the required parking spaces.
Valet parking, as provided in Section 20- 4.4(I), shall not make use of off -site parking located
adjacent to residential property and/or RO zoned property after 7:00 p.m.
In no case shall vehicle stacking or double parking be permitted on public rights -of -way or
public streets to supply the required parking spaces for the valet special parking permit.
(J) Procedures for Special Parking Permit. Special parking permits may be approved,
disapproved, or approved with conditions by the affirmative vote of four (4) members of the city
commission. Special parking permit procedures shall follow those procedures established for
special use permits as set forth in Section 20- 5.8(B) through (F), and shall follow those
procedures for public hearings set forth in general in Sections 20 -5.1 through 20 -5.6.
(K) Parking Fees Prohibited Generally, Exceptions.
(1) No parking fees, charges or other remuneration shall be charged for the use of any or
all off - street parking spaces as may be required by this Code, except as provided in
subparagraph (3) below.
Supp. No. 2 96.1
204-4 SOUTH M WE LAND DEVELOPMENT CODE
(23 Nothing herein shall be construed to affect any parking fees, charges or other
remuneration for publicly -owned parking spaces or for off - street parking spaces not
required by this Code.
( In SR, H, and MO zoning districts, the city commission may waive the prohibition
contained in subparagraph (1) above under such terms and conditions as it may
establish, following public hearing, when it determines that the following criteria are
met-
(a) The sole purpose of the parking fee, charge or other remuneration is for the use
of excess and/or unused off -street leased spaces to serve the lessee's off - street
parking needs for property within the City of South Miami which is undergoing
construction or reconstruction.
`(b) The time period for such waiver shall not exceed one year unless the city
commission shall grant a further waiver under the provisions of this paragraph
for good cause shown.
(c) The waiver will not result in a violation of the off- street parking requirements
established by Article IV of the Land Development Code.
(d) For purposes of this subsection, the phrase "excess and/or unused off -street
leased parking spaces" shall mean those off: site parking spaces which are either
in excess of those parking required for the lessor or which are unused by the
lessor, comparing lessor's occupancy to lessor's total leasable space.
EcW tor's note --At the city's request, subsection (I) herein has been relettered as subsection
(I).
Supp. Ism ,2 96.2
CITYOF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: April 20, 1999
FROM: Charles D. Scuff G „d1 RE: Agenda Item #
City Manager Dante Fascell Park Tree Replacement
Program
Commission approval is sought for a expenditure to remove 21 Australian pine trees and replace
a five of them with shade and palm trees. Additional trees will be planted as part of this project.
BACKGROUND
Dante Fascell Park is the city's largest passive park, rivaled only by Fuch's Park in size and
density of tree canopy. While the park boasts numerous species of native trees and has recently
benefited from the planting of live oak, royal poinciana, and lysoloma trees, it also is home for
the undesirable Australian pine tree. This pervasive tree specie is listed in Miami -Dade County's
Prohibited Trees List (attached).
Presently, 19 large pines line the west boundary of Dante Fascell Park, while another 14 pines
are scattered about the park. In the event of a major storm or hurricane, the sheer height of these
pines make it a potential threat to some of the single family houses on the west side of SW 58"
Avenue. A number of other large pines are located near the picnic pavilions close to SW 57'
Avenue. These trees pose a potential threat to people and the structures nearby.
ANALYSIS
Despite its "marked" status, Australian pine provides significant shade due to its imposing height
and dense foliage. Scaling back their height and gradually replacing the trees is therefore more
desirable than eliminating all of the pines in one effort. This consideration as well budgetary
constraints call for a phased -in removal program.
Working in conjunction with the Parks Department, Public Works has determined that the 19
west end Australian pines be removed. Three of these will be replaced with royal palms to match
the existing line of palms that currently share the perimeter with the pines. Two shade trees will
replace the pines near the pavillion. Additionally, a number of flowering and shade trees will be
planted within the park. The eventual goal is to replace all the Australian pines with native tree
species. The plan was approved by the Environmental Review and Preservation Board on April
6"
Tropical Falls Landscaping and Maintenance Inc. was the low bidder on a per foot basis for the
species and size desired as replacements. Funding for the tree replacement component of this
phase, which totals $7,800.00 will come from the South Florida Water Management District fund
\continued...
MAYOR AND COMMISSION APRIL 20,1999 PAGE TWO
that was set up to address the impact of Hurricane Andrew. The fund name is Escrow — Water
Management /Dante Fascell Park, account no. 001 - 0000 - 219.6300. The balance in the account
will be $100.00 after this project. The tree trimming for the pines on the west boundary of the
park will be performed by the low bidder, Aventura Maintenance Inc. at a cost of $8,295.00.
Funding will come from Public Works account no. 1750 -519 -4625, "Maintenance and Repairs of
Grounds and Structures ". The balance of this account will be $11,700. 00.
CONCLUSION AND RECOMMENDATION
The safety and aesthetics of South Miami's parks is an important component of the city's quality
of life. The gradual replacement of the prohibited species known as the Australian pine is an
important step to ensure that Dante Fascell Park continues to be a safe and beautiful venue that
residents and visitors can enjoy and take pride in. Approval is recommended.
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RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $8,295.00 TO AVENTURA
INSTALLATION AND MAINT TREE SERVICE GONZALEZ FOR THE
FULL REMOVAL OF 21 AUSTRALIAN PINE TREES AT DANTE
FASCELL PARK AND CHARGING THIS DISBURSEMENT TO
ACCOUNT NO. 1750 -519 -4670, "LANDSCAPE MAINTENANCE -
MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES"
AND TO DISBURSE THE SUM OF $7,800.00 TO TROPICAL FALLS
LANDSCAPING AND MAINTENANCE INC. TO FURNISH AND
PLANT 13 TREES AT DANTE FASCELL PARK AND CHARGING
THESE DISBURSEMENTS TO ACCOUNT NUMBER 001- 0000 -219-
6300 "ESCROW —WATER MANAGEMENT/DANTE FASCELL PARK ".
WHEREAS, Dante Fascell Park has numerous trees of the prohibited specie
commonly known as Australian pine, and;
WHEREAS, in addition to being categorized as a nuisance specie, these large pines
pose a potential hazard to nearby people and structures in the event of strong winds or tropical
storm conditions, and;
WHEREAS, price quotes for removing approximately two thirds of the Australian .
pines and replacing some of these with trees have been obtained.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION
of the CITY OF SOUTH MIAMI, FLORIDA that
Section 1. The followi
within the park:
Trimming
Aventura Maintenance
Alberto Gonzalez Inc.
One Two Tree Inc.
ng price quotes were obtained for removing pines and plant trees
Replacement
$5,250.00 Tropical Falls Landscaping Inc. $7,800.00*
$8,085.00 Plasencia Nursery $6,500.00
$8,820.00 Tropical Tree Works, Inc. $6,825.00
* Only vendor from five respondents who had 30 foot trees.
. Section 2. The City Manager be authorized to disburse the sum of $5,250.00 to
Aventura Maintenance for removing 21 Australian pines and the sum $7,800.00 to Tropical Falls
Landscape and Maintenance, Inc. for furnishing and planting of 13 trees.
Section 3. This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this 20' day of April 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
55 CITY ATTORNEY
APPROVED:
MAYOR
The Parks & Recreation Department has been investigating several means to gain
monetary assistance through vendors involved with bottling companies and snack
distributors. The following is the outcome of their hard work:
A special committee to review proposals from Coke and Pepsi was assembled. The
committee consisted of the Parks & Recreation Director, Ana M. Garcia, Finance
Director, Hakeem Oshikoya and Assistant City Manager, Subrata Basu.
A unanimous decision was made favoring Coca-Cola. Rixy Vending who had been
providing vending services to the City was unable to compete with Coke and Pepsi in
terms of incentives and commissions. Rixy Vending expressed an interest to continue to
provide its services for snacks which neither Coke or Pepsi provides.
Some incentives that will be passed along to the Parks & Recreation Department
through the Coca-Cola Bottling Company will be as follows:
Package
20 oz. Csd
20 oz. Csd
20 oz. Ncb
12 oz. Cans
12 oz. Cans
16.9 oz. Water
Vend Price
$ .75
$1.00
$1.00
$ .50
$ .60
$1.00
* CSI) = Carbonated soft drink
Prices:
12 oz. Carbonated soft drink cans
20 oz. Carbonated soft drink bottles
20 oz. Fruitopia bottles
20 oz. PowerAde bottles
$ Commission
$ 4.20 per case
$ 9.00 per case
$ 4.40 per case
$ 3.30 per case
$ 4.65 per case
$ 4.40 per case
NCB = Non-carbonated soft drink
❖ Florida Coca-Cola Bottling Company will donate on a yearly
basis 100 cases of 12 oz. can carbonated soda ($1,000 value)
to be used at the City of South Miami's discretion.
❖ 1000 "fund" raising coupon books ($5,000 value)
❖ Sign-up bonus for $1,000 —after the first 10 venders are placed
on location. (Paid in year one only).
❖ A $2,000 per year bonus- after the City of South Miami places
additional 10 venders (20 total). This bonus will be paid out every
year (in years two through five) as long as the City of South Miami
maintains the minimum of 20 venders.
This is a win win situation for our City as we continue to develop and maintain
partnerships and collaborations which will be essential and necessary as we move our
City forward into the 21St Century.
The attached resolution seeks acceptance for a partnership with Coca-Cola Bottling
Company as the City of South Miami's exclusive supplier of soft drinks. Coca-Cola
will be given sole rights at City of South Miami properties/parks and ancillary areas. A
partnership with Coca-Cola represents a tremendous opportunity to the City of South
Miami! Sponsorship, commissions, donations and bonuses are examples of the many
benefits that his collaboration brings our City. Coca-Cola's product speaks for
themselves as well as their positive involvement in the community.
I recommend approval.
Coca Cola Bottling Company Cormnission'99
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Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH COCA-COLA BOTTLING COMPANY AS AN EXCLUSIVE
SUPPLIER OF SOFT DRINKS FOR ALL PROPERTIE&TARKS AND ANCILLARY
AREA OF THIS CITY.
WHEREAS, The City of South Miami assembled a special committee to review
proposals from Coca-Cola and Pepsi; and
WHEREAS, Recommendation from this committee gave a unanimous decision to
assign Coca-Cola as exclusive supplier of soft drinks for all properties/parks and ancillary areas
of this City; and
WHEREAS, This exclusive supplier will provide sponsorships, donations and
bonuses, which will benefit the City of South Miami and the Parks & Recreation Department.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION • THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager enter into an agreement with Coca-Cola
Bottling Company.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of April 1.999.
ATTEST:
CITY CLERK
1 10
CITY ATTORNEY
Coca-Cola Vending `99
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RiXy /ending 6450 SW 67 Avenue, South Miami, Florida 33143
COMMA'ion
February 22, 1999
Ana Garcia
Director
Parks & Recreaction Dept.
City of South Miami
Dear Ms. Garcia:
As a voting resident of The City of South Miami and a vending machine operator I have been
providing vending services to the City for the past two years at City Hall and Murray Park. I was asked
by you to present a third proposal for the vending services competing with Coca -Cola and Pepsi.
Although I cannot compete with these two multinational companies in terms of commissions and
incentives, I would like to take this opportunity to submit my proposal to maintain our snack machine
at Murray Park in hopes that The City Commission values existing relationship with its residents.
Sincerely,
Richard J. Busse'
President
VENDING PROPOSAL
Prepared for
The City of South Miami
By
RIXY VENDING CORPORATION
RiXy Vending Corporation (RiXy), an Automated Vending Machine Operator, located at 6450 SW 67 Avenue,
Miami, Florida 33143, submits the following proposal to The City of South Miami.
RiXy proposes to maintain an Automated Product 112 Snack Machine at Murray Park. The vending equipment
will be of commercial grade and equipped with dollar acceptors.
RiXy agrees to maintain the equipment stocked with vend items, clean and in good operating condition. RiXy shall
obtain county and city licenses and pay the Florida Sales Tax on the items sold from this machine. RiXy agrees to
maintain the average vend price at 50 cents if no commission is required from the City. In the event that The City
of South Miami requires some sort of commission the vend price would be increased by the amount the City
requires as payment.
The City agrees to provide secure, indoor space and electrical power in order to operate the snack machine. In the
event that The City becomes dissatisfied with RiXy Vending service and/or products and has been afforded every
opportunity to correct the issue(s), The City has the right to terminate this agreement upon a 30 day notification to
the Vendor. In turn, the Vendor must notify The City, 30 days in advance of intention to terminate this agreement.
RiXy Vending Corp. will provide written notice should conditions exist that would cause a price increase.
RiXy Velfiding Corporation
President
a� �1Y
Date ubmitted
Citv of South Miami
Parks & Recreation
Date Approved
Rick Busse
President
TeL (305) 663 -8714
Fax: (305) 665 -1770
Beeper: 547 -9391
RIXy Vending Corp.
6450 S. W 67 Avenue
Miami, FL 33143
CITY OF SOUTH MIAMI
To: Mayor and Commission
From: Charles Scurr a414
City Manager
REQUEST
Date: April 20, 1999 Bob
Agenda Item #
Leadership of Com u fy
Relations Board
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION RELATING TO THE
COMMUNITY RELATIONS BOARD; AMENDING SECTION 2 -26 (C) OF THE CODE OF
ORDINANCES; PROVIDING FOR A CHAIR AND VICE CHAIR OR CO- CHAIRS;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami established a Community Relations Board (CRB) in June of 1998. The
purposes of the Board include goals such as fostering mutual understanding, tolerance and
respect among all economic, social, religious, sexual orientation, people with special needs, age
and ethnic groups in the city, making studies in the field of human relations and acting as a
conciliator in controversies involving community relations.
The ordinance establishing the CRB called for the election of a Chair and Vice - Chair. The CRB,
by majority vote, has requested that they be allowed the flexibility of either electing a Chair and
Vice -Chair or alternately electing Co- Chairs. The group feels that having Co- Chairs rather than
a hierarchical Chair /Vice -Chair will further their efforts at consensus building and racial and
ethnic harmony.
RECOMMENDATION
Approval is recommended.
ORDINANCE NO.
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
COMMUNITY RELATIONS BOARD; AMENDING SECTION 2 -26.6
(C) OF THE CODE OF ORDINANCES; PROVIDING FOR A CHAIR
AND VICE CHAIR OR CO- CHAIRS; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2 -26.6 of the City Code of Ordinances creates
the Community Relations Board; and
WHEREAS, it is the desire of the Mayor and City Commission to amend
the this section by deleting the words Chairperson and Vice Chairperson and
inserting the words "Chair Vice -Chair or Co- Chairs."
NOW , THEREFORE BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I . Section 2 -26.6 (C ) of the City Code of Ordinances is hereby
amended
To read .
(C )Gh irm Chair and Vie- e -C-ha rma Vice- Chair. or Co- Chairs. The
members shall meet promptly and select a Charm Chair and Vice
�''�an Vice -Chair or CO- Chairs by a majority vote of the board.
Section 2. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3. This ordinance shall take effect immediately at the
time of its passage.
Section 4. If any section, clause, sentence or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of this remaining portions of
this ordinance.
PASSED AND ADOPTED this
Attest:
day of _
Approved
Mayor
1999.
City Clerk
1St Reading —
Commission Vote:
2nd Reading —
Mayor Robaina:
V -Mayor Oliveros:
READ AND APPROVED AS TO FORM:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
City Attorney
2