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02-17-98MAYOR: VICE MAYOR: COMMISSIONER: COMMISSIONER: COMMISSIONER: Julio Robaina Armando Oliveros, Jr. Horace G. Feliu David D. Bethel Mary Scott Russell INTERIM CITY MANAGER: Diana Morris CITY ATTORNEY: Earl G. Gallop CITY CLERK: Ronetta Taylor CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: February 17, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: March 3, 1998 Phoned (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -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: Regular City Commission Minutes— February 3, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - February 17, 1998 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY ATTORNEY; RESOLUTION NO. 99- 94- 9500;, CONSULTING LEGAL ATTORNEY FEES TO NAGIN, GALLOP, FIGUEREDO, P.A. IN THE AMOUNT OF $7,971.50 CHARGED TO ACCOUNT NO. 1500- 3410. (Administration) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $10,990 FOR PAYMENT TO THE FIRM OF C3TS: CORZO, CASTELLA, CAREALLO, THOMPSON & SALMAN, P.A.; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219.2520 WHICH IS ENTITLED "ESCROW -SHOPS AT SUNSET - ONE HOUR PARKING" AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z), 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AFTER SCHOOL TUTORIAL PROGRAM RATIFYING THE ACTION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ESSIE M. REDMOND, TO PROVIDE ACADEMIC PROGRAM ADMINISTRATION AND SOCIAL WORK CASE MANAGEMENT SUPERVISION AND APPROVING PAYMENTS UNDER THE CONTRACT FOR SERVICES RENDERED PRIOR TO JANUARY 6, 1998, ALL AS ARE DEEMED NECESSARY TO FURTHER COMPLY WITH STATE OF FLORIDA DEPARTMENT' OF JUVENILE JUSTICE STANDARDS. (Administration /Office of Dev.) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO JUVENILE CRIME PREVENTION, AUTHORIZING AN APPLICATION TO FLORIDA DEPARTMENT OF JUVENILE JUSTICE COMMUNITY JUVENILE JUSTICE PARTNERSHIP GRANT PROGRAM REQUESTING AN AWARD FOR A TRUANCY REDUCTION, SUSPENSION AND EXPULSION AND CRIME PREVENTION PROGRAM" (Administration /Office of Dev.) 3/5 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INDEXING OF COMMISSION MINUTES, AUTHORIZING THE EXPENDITURE OF $1,428.00 FOR PAYMENT OF 'SERVICES RENDERED BY MUNICIPAL CODE CORPORATION FOR THE INDEXING AND CHARGING THE REGULAR CITY COMMISSION 2 AGENDA - February 17, 1998 DISBURSEMENT TO ACCOUNT NO. 01- 1200 -512- 6420 "RECORDS RETENTION" (Administration) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE CHANGES IN THE PROVISIONS CONTAINED IN THE CANAL MAINTENANCE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY; ALLOWING THE CITY TO ASSUME MAINTENANCE RESPONSIBILITY' FOR THE CITY -OWNED "BROAD CANAL ". (Administration /Public Works) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none. RESOLUTION (S) PUBLIC HEARING (S) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE, PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE, REGARDING THE CITY OF SOUTH MIAMI PARKING LOT LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SW 73 STREET AND SW 58" AVENUE AND THE PROPERTY LOCATED AT 5829 SW 73 STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS TO THE CITY ADMINISTRATION TO PREPARE A DRAFT PLAN AND BUDGET FOR THE FOURTH SOUTH MIAMI CHARRETTE ACTIVITY; PROVIDING:_ FOR.DESIGNATION OF ONE OF THE TEN TRADITIONAL NEIGHBORHOODS; PROVIDING FOR A SCHEDULE FOR SUBMITTAL; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STREET STANDARDS AND ON- STREET PARKING: FOR S.W. 577H COURT, IN ORDER TO PROVIDE ADDITIONAL PARKING ON S.W. 57TH" COURT REGULAR CITY COMMISSION AGENDA - February 17, 1998 3 BETWEEN S.W. 73m STREET AND S.W. 742R STREET, PURSUANT TO "SECTION 20- 7.26 -0 OF THE CITY'S LAND DEVELOPMENT CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LANGUAGE TO SATISFY THE DEPARTMENT OF COMMUNITY AFFAIRS, REGARDING THE CITY'S 16 EAR -BASED AMENDMENTS TO THE COMPREHENSIVE PLAN WHICH WERE ADOPTED VIA ORDINANCE. NO. 20 -97 -1641 ON AUGUST 19, 1997; PROVIDING FOR A SCHEDULE FOR REMEDIAL AMENDMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 14. A REOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SISTER CITIES, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH BRISTOL MARKETING STRATEGIES, TO PROVIDE A SERIES OF WORKSHOPS DIRECTED TOWARD, CONSIDERATION OF PARTICIPATING IN A SISTER CITIES PROGRAM, AND AUTHORIZING DISBURSEMENT BRISTOL MARKETING STRATEGIES IN AN AMOUNT NOT TO EXCEED $1,000 TO BE PAID FROM ACCOUNT #01 -21 -00 -9920, "GENERAL CONTINGENCY." (Administration) 4/5 15. 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 HI -TECH ENVIRONMENTAL CONSULTANTS INC. TO CONDUCT A CONTAMINATION ASSESSMENT AT THE PUBLIC WORKS YARD, PURSUANT TO DADE COUNTY REQUIREMENTS, AT COST NOT TO EXCEED $3,500 AND CHARGING THE DISBURSEMENT TO "MAINTENANCE AND REPAIR OF ''GROUNDS AND STRUCTURES" ACCOUNT NO. 1710- 519 - 4670. (Administration /Public Works) 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION; APPROVING A "SETTLEMENT AGREEMENT AMONG THE CITY, RODNEY MANDELSTAM, WESTWAY LIMITED AND JOSEPH C. SHAW AND ALICIA VIRGINIA SHAW; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 REGULAR CITY COMMISSION 4 AGENDA - February 17, 1998 ORDINANCE (S) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND DEVELOPMENT REGULATIONS; PROVIDING FOR REGULATION OF GARAGE- SALES AMENDING SECTION 20 -2.3 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO DEFINE "GARBAGE SALE," CREATING SECTION 20 -4.10 OF THE LAND DEVELOPMENT CODE TO BE ENTITLED "GARAGE SALE," PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE (Mayor Robaina) 3/5 PUBLIC REMARKS COMMISSION REMARKS CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 13, 1998 From: Diana Morris Re: Resolution regarding Interim payment of City Attorney Non- retainer invoices Requested action: Approval of resolution approving payment of non- retainer invoices submitted by the City attorney, in the amount of $ 7,971.50. Background: Approval of the payment resolution is requested pursuant to prior resolutions approving an Agreement, as amended, with the city attorney for the provision of non - retainer legal services. The Invoices concern the rendition of services on the referenced legal matters for the month of January 1998. Recommend Approval. My Documents /Memo Mayor &Comm/ Resolution/Payment Gallop 2 -98 1 2 3 4 5 _6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY ATTORNEY; RESOLUTION NO. 99 -94 -9500; CONSULTING LEGAL ATTORNEY FEES TO NAGIN, GALLOP, FIGUEREDO, P.A. IN THE AMOUNT OF $7,971.50 CHARGED TO ACCOUNT NO. 1500- 3410. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99-94 - 9500 authorizing the payment of City Attorney non- retainer legal 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 January 31, 1998, 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 attorney's fees and costs received from Nagin Gallop Figueredo, P.A., in the amount of $7,971.50, are approved for payment and payment shall be charged to Account No. 1500 -3410; Consulting- Legal. 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 , 1998. APPROVED: MAYOR N NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile.. (305) 854 -5351 February 9, 1998 ECEIVE FEB 11 1998 Ms. Diana Morris, Interim City Manager City of South Miami CITY MANAGER'S OFFICE 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Ms. Morris: Enclosed are our statements for professional services rendered and for costs advanced for the period ending January 31, 1998. Please place this statement on the agenda of the next City Commission meeting for approval. I tabulated the amounts due on each individual file as follows: 0022 -003 Lien Foreclosures 1104 Profl Services $ 2 762 50 F71 id i Disbursements 8.00 Total Due $ 2,770.50 0022 -008 Wascura v. CSM 1105 Prof1 Services $ 3,176.25 Disbursements 0 Total Due $ 3,176.25 0022 -009 Watson v. CSM 1106 Prof 1 Services $ 545.00 Disbursements 0 Total Due $ 545.00 0022 -010 Asher v. CSM 1107 Prof 1 Services $ 747.50 Disbursements 0 Total Due $ 747.50 0022 -011 Tooks v. CSM 1108 Prof 1 Services $ 315.00 Disbursements 0 Total Due . $ 315.00 F71 id i Ms. Diana Morris, Interim City Manager February 9, 1998 Page 2 0022 -012 Pratt v. CSM 1109 Profi Services $ 417.50 Disbursements 0 Total Due $ 417.50 CURRENT TOTAL DUE$ 79971.50 Do not hesitate to call me if you have any questions regarding these statements. Vrtruurs, a- arl G.- Gallop EGG:sgs Enclosures N: \EGallop \BILLLTRS \csm bill letter.doc CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGINGALLOPFIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Ms. Diana Morris February 6, 1998 Matter ID: 0022 -003 :Interim .City. Manager City of South Miami 6130 Sunset Drive Statement No. 1104 South Miami, Florida 33143 Hours Amount 1/12/1998 BSA Davis Gardens: Receive and review Notice of Hearing concerning 0.10 15.00 Third Group's Motion to Dismiss or Strike 1/12/1998 BSA Telephone conference with Karen Shamuel concerning foreclosure 0.20 30.00 properties; office conference with Mr. Gallop concerning providing information 1/13/1998 BSA Krummrei; Review file; telephone conference with Eva Rosa; 1.00 150.00 telephone conference with Ms. Bynum concerning Johnny Jackson; prepare facsimile to Ms. Rosa; attention to other lien files 1/14/1998 BSA Krummrei: Conference with Eva Rosa concerning file, concerning 0.30 45.00 code enforcement meeting and concerning updated lien list 1/14/1998 BSA Attention to lien foreclosure cases; conference with Ms. Bynum 2.70 405.00 concerning files 1/15/1998 BSA Viola Walker: Receive and review notice of tax deed application; 0.30 45.00 conference with Mr. Gallop concerning priority; conference with Ms. Maer concerning priority 1/15/1998 BSA Attention to Lien Forecelosure Files 2.10 315.00 1/16/1998 BSA Met with Mr. Gallop concerning notice provisions in statute; 1.00 150.00 research and analysis concerning notice provisions; attention to lien foreclosure files 1/16/1998 BSA Davis Gardens: Research concerning cases cited in Third Group's 0.40 60.00 Motion to Dismiss and Strike 1/19/1998 BSA Davis Gardens: Research and analysis of cases concerning Third 1.00 150.00 Group's Motion to Dismiss; review lien files; analysis of research 1/20/1998 BSA Davis Gardens: Preparation with Mr. Gallop for hearing on Third 2.00 300.00 Group's motion; continue research; analysis; review liens 1/20/1998 EGG Preparing for hearing on motion to dismiss action against Davis 1.00 175.00 Gardens Corp. 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. I NaginGallopFigueredo, P.A. 1/21/1998 1/21/1998 1/21/1998 1/22/1998 1/23/1998 1/26/1998 1/29/1998 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 2 BSA Davis Gardens: Prepare for hearing on Third Group's Motion to 2.00 300.00 Dismiss and Strike BSA Davis Gardens: Attend hearing on Third Group's Motion to Dismiss 2.75 412.50 and Strike BSA Davis Gardens: Telephone conference with Max Spiegelman 0.30 45.00 concerning course of proceeding and concerning consolidation BSA Shields Bowden: Receive and review memorandum from Ms. Rosa 0.20 30.00 at City of South Miami and attached documentation concerning Shields Bowden lien BSA Davis Gardens: Receive and review order from Judge Friedman 0.60 90.00 concerning mediation; prepare order deferring argument and ruling on Third Group's Motion to Dismiss; conference with Mr. Gallop; prepare correspondence to Mr. Ferdie BSA Davis Gardens Review and revise corresondence to Mr. Ferdie and 0.10 15.00 proposed order on hearing BSA Gussie Gamble: Telephone conference with Bobby at Mr. 0.20 30.00 Hanafourd's office concerning site; receive and review correspondence detailing liens Rate Summary Brian S. Adler Earl G. Gallop Expenses Courier charge Total Professional Services 2,762.50 17.25 hours at $150.00 /hr 1.00 hours at $175.00/hr Total hours: 18.25 Sub -total Expenses: 2,587.50 175.00 8.00 8.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NaginGallopFigueredo, P.A. Matter ID: 0022 -003 Page: 3 For Professional Services 2,762.50 For Disbursements Incurred 8.00 Current Balance: 2,770.50 Previous Balance: 6,549.29 Payments - Thank you 0.00 Total Due 9,319.79 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. I I I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 1998 Ms. Diana .Morris Matter ID: 0022 -008 Interim City Manager. City of South Miami Wascura v. City of South Miami 6130 Sunset Drive Statement No. 1105 South Miami, FL 33143 Hours Amount 1/12/1998 EGG Receipt and reviewing order denying CSM's motion to dismiss 0.50 87.50 action against defendants in their individual capacities 1/22/1998 EGG Receipt and reviewing discovery requests; discussing same with 2.00 350.00 Mr. McDuff, FLC counsel, and Ms. Morris; preparing transmittal letters to Messers Carver, Young ", Cooper and Ms. Bass and to Messers Hampton and Cox; instructions to work attorneys regarding further handling needs 1/23/1998 EGG Telephone conference with Mr. McDuff regarding trial preparation 1.25 218.75 and attention to scheduling witness interviews 1/26/1998 EGG Telephone conferences with Mr. Cooper and Mr. Hampton regarding 0.40 70.00 witness interviews and answers to interrogatories 1/29/1998 EGG Meeting with Mr. Cox; preparing for and conducting witness 5.00 875.00 interviews of Messers Cox and Hampton 1/30/1998 EGG Preparing for and conducting witness interviews of Messers Young 8.00 1,400.00 and Cooper, and Ms. Bass; preparing answers to interrogatories; telephone conversations with Mr. James Crosland and Mr. Howard Kahn, attorney for Mr. Carver; telephone conversation with Weiner regarding records 1/31/1998 EGG Preparing City's answers to interrogatories 1.00 175.00 Total Professional Services 3,176.25 Rate Summary Earl G. Gallop 18.15 hours at $175.00/hr 3,176.25 Total hours: 18.15 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. L4 :.. T CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGE NaginGallopFigueredo, P.A. Matter ID: 0022 -008 Page: 2 For Professional Services 3,176.25 For Disbursements Incurred 0.00 Current Balance: 3,176.25 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 3,176.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, - FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 1998 Ms. Diana Morris Matter ID: 0022 -009 Interim City Manager City of South Miami Wastsonv. City of South Miami 6130 Sunset Drive Statement No. 1106 South Miami, Florida 33143 Hours Amount 1/22/1998 EAB Analyzing complaint and file documents 0.30 45.00 1/22/1998 EGG Opening file; instructions to work attorneys regarding further 0.50 87.50 handling needs 1/22/1998 GMM Initial evaluation of claim 0.30 52.50 1/27/1998 EAB Review file documents and preparing questions for interviews 0.50 75.00 1/27/1998 EAB Telephone conference with Ms. Morris and preparing list of 0.50 75.00 documents needed for discovery 1/28/1998 GMM Preparing for meeting with Ms. Morris regarding evaluation of claim 0.20 35.00 1/29/1998 GMM Reviewing personnel file; reviewing required qualifications of police 0.50 87.50 chief and public works director 1/30/1998 GMM Attending conference with Ms. Morris to review facts; preparing 0.50 87.50 witness statement; identifying potential witnesses; attention to personnel procedures at police department Total Professional Services 545.00 Rate Summary Eve A. Boutsis 1.30 hours at $150.00 /hr 195.00 Earl G. Gallop 0.50 hours at $175.00/hr 87.50 G. Miriam Maer 1.50 hours at $175.00/hr 262.50 Total hours: 3.30 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 NaginGallopFigueredo, P.A. Matter ID: 0022 -009 Page: 2 For Professional Services 545.00 For Disbursements Incurred 0.00 Current Balance: 545.00 Previous Balance: 0.00 Payments- Thank you 0.00 Total Due 545.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133.4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 1998 Ms. Diana Morris Matter ID: 0022.010. Interim City Manager City of South Miami Asher v. City of South Miami 6130 Sunset Drive Statement No. 1107 South Miami, Florida 33143 Hours Amount 1/9/1998 EGG Reviewing administration documents for submission to Dade 0.50 87.50 County EOC in response to records request 1/22/1998 EAB Analyzing complaint and file documents 0.30 37.50 1/22/1998 EGG Document review; instructions to work attorneys regarding further 0.50 87.50 handling needs 1/22/1998 GMM Initial evaluation of claim 0.40 70.00 1/23/1998 GMM Reviewing sexual harrassment policy and standards 0.60 105.00 1/27/1998 EAB Review of documentation, affidavits, and EEOC charge, preparingfor 1.00 150.00 witness interviews. 1/28/1998 GMM Preparing for meeting with Ms. Morris regarding evaluation of claim 0.20 35.00 1/29/1998 GMM Reviewing personnel file; reviewed sexual harrassment policy 0.50 87.50 1/30/1998 GMM Attending conference with Ms. Morris regarding facts of claim; 0.50 87.50 identifying potential witnesses; preparing Ms. Morris' statement; attention to hiring procedures Total Professional Services 747.50 Rate Summary Eve A. Boutsis 0.30 hours at $125.00/hr 37.50 Eve A. Boutsis 1.00 hours at $150.00 /hr 150.00 Earl G. Gallop 1.00 hours at $175.00/hr 175.00 G. Miriam Maer 2.20 hours at $175.00/hr 385.00 Total hours: 4.50 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 Nag inGallopFigueredo, P.A. Matter ID: 0022 -010 Page: 2 For Professional Services 747.50 For Disbursements Incurred 0.00 Current Balance: 747.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 747.50 To be properly credited, please indicate Statement Number on your remittance check. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Rate Summary Earl G. Gallop G. Miriam Maer Total hours Total Professional Services 315.00 0.50 hours at $175.00/hr 87.50 1.30 hours at $175.00/hr 227.50 1.80 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 FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 1998 Ms. Diana Morris Matter ID: 0022 -011 Interim City Manager Tooksv. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1108 South Miami, Florida 33143 Hours Amount 1/22/1998 EGG Opening file; instructions to work attorneys regarding further 0.50 87.50 handling needs 1/22/1998 GMM Initial evaluation of claim 0.30 52.50 1/29/1998 GMM Reviewing personnel file; reviewed personnel manual relating to Mr. 0.50 87.50 Tooks' claim; analyzing employment history 1/30/1998 GMM Attending conference with Ms. Morris regarding facts of claim; 0.50 87.50 preparing Mr. Morris witness statement; identifying potential witnesses Rate Summary Earl G. Gallop G. Miriam Maer Total hours Total Professional Services 315.00 0.50 hours at $175.00/hr 87.50 1.30 hours at $175.00/hr 227.50 1.80 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 Nag inGal lopFigueredo, P.A. Matter ID 0022 -011 Page: 2 For Professional Services 315.00 For Disbursements Incurred 0.00 Current Balance: 315.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 315.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding =this invoice. Interest at a rate of 1.5% /o per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FIL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 1998 Ms. Diana Morris Matter ID: 0022 -012 Interim City Manager Pratt v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1109 South Miami, Florida 33143 Hours Amount 1/22/1998 EAB Reviewed Complaint and case file. 0.45 67.50 1/22/1998 EGG Opening file; instructions to work attorneys regarding further 0.50 87.50 Rate Summary Eve A. Boutsis Earl G. Gallop G. Miriam Maer Total Professional Services 0.45 hours at $150.00 /hr 67.50 0.50 hours at $175.00/hr 87.50 1.50 hours at $175.00/hr 262.50 Total hours: 2.45 52.50 35.00 87.50 87.50 417.50 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. Ll ��,•fi� .a, ra; �sm n�� ,� �. e'- ,z��.. .,. �.. . »P. �.as: �� ".� l rx -.:, P. ^' -. -.- handling needs 1/22/1998 GMM Initial evaluation of claim 0.30 1/28/1998 GMM Preparing for meeting with Ms. Morris regarding evaluation of claim 0.20 1/29/1998 GMM Reviewing personnel file; reviewed personnel procedures and rules 0.50 1/30/1998 GMM Attending conference with Ms. Morris regarding claim; preparing 0.50 witness statement; identifying potential witnesses; attention to personnel procedures and prior history of complainants against Pratt with particular attention to problems with grant writing and grant administration Rate Summary Eve A. Boutsis Earl G. Gallop G. Miriam Maer Total Professional Services 0.45 hours at $150.00 /hr 67.50 0.50 hours at $175.00/hr 87.50 1.50 hours at $175.00/hr 262.50 Total hours: 2.45 52.50 35.00 87.50 87.50 417.50 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. Ll ��,•fi� .a, ra; �sm n�� ,� �. e'- ,z��.. .,. �.. . »P. �.as: �� ".� l rx -.:, P. ^' -. -.- Nag! nGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -012 Page: 2 For Professional Services 417.50 For Disbursements Incurred 0.00 Current Balancer 417.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 417.50 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. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To Mayor and City Commission Date: February 13, 1998 Agenda Item # From: Diana Morris Re: Comma Mtg. 02/17/98 Interim City Manager C3TS Payment Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $10,990 FOR PAYMENT TO THE FIRM OF OTS: CORZO, CASTELLA, CARBALLO,_THOMPSON & SALMAN, P.A.; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219.2520 WHICH IS ENTITLED "ESCROW = SHOPS AT SUNSET - ONE HOUR PARKING" AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: There is currently an outstanding bill for payment to the firm of C3TS from October 31, 1997, for construction administration services performed during the last month of construction on Phase I of the Sunset Drive Improvements. The attached resolution approves payment for these services from the expected revenue the City will receive as a result of the previously approved resolution which accepted payment to the City in lieu of one -hour of free parking. 1 RESOLUTION N0. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 6 THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED 7' $10,990 FOR PAYMENT TO THE FIRM OF C3TS: CORZO, 8 CASTELLA, CARBALLO, THOMPSON & SALMAN, P.A. PROVIDING 9 FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000- 219.2520 10 WHICH IS ENTITLED "ESCROW SHOPS AT SUNSET - ONE HOUR 11 PARKING" AND, PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the engineering and architectural firm of C3TS: 15 Corzo, Castella, Carballo Thompson & Salman, P.A., was approved 16 by the City Commission as a consultant for the City; and, 17 18 WHEREAS, the Sunset Drive Improvement Project requires 19 engineering and architectural technical assistance in the form of 20 construction administration which is independent of the developer 21 of the Shops at Sunset Place. 22 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF 'SOUTH MIAMI, FLORIDA: 26 27 , 28 Section 1. The City Administration is hereby authorized to 29 disburse payment to the firm of C3TS: Corzo, Castella, Carballo, 30 Thompson & Salman, P.A., in an amount not to exceed $10,990 for 31 services related to the Sunset Drive Improvements Project. 32 33 34 Section 2. This disbursement shall be charged to Account 35 Number 001 - 0000 - 219.2520 which is entitled "Escrow - Shops At 36 Sunset One Hour Parking." 37 38 39 Section 3. This resolution shall take effect immediately 40 upon approval 41 42 43 PASSED AND ADOPTED this 17th day of February, 1998. 44 45 C3TS Payment Resolution: February 3, 1998 1 1 2 3 ATTEST: APPROVED: 4 5 6 7 8 CITY CLERK MAYOR 9 10 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 11 Mayor Robaina: 12 Vice- Mayor Oliveros: 13 Commissioner Feliu: 14 Commissioner Russell: 15 CITY ATTORNEY Commissioner Bethel: 16 17 1 8 c:/ ;.. / Budget / C3TS- payment 4.doc C3TS Payment Resolution: February 3, 1998 2 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & City Commission DATE: February 17, 1998 AGENDA ITEM # FROM: Diana Morris Comm. Mtg. 2/17/98 Interim City Manager The attached resolution approves contract and authorizes payment under a contract with Essie M. Redmond for services rendered prior to the effective date of the Resolution No.. 9 -98 -10276 related to the commencement and operation of the After School Tutorial Program. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AFTER SCHOOL TUTORIAL PROGRAM RATIFYING THE ACTION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ESSIE M. REDMOND, TO PROVIDE ACADEMIC PROGRAM ADMINISTRATION AND SOCIAL WORK CASE MANAGEMENT SUPERVISION AND APPROVING PAYMENTS UNDER THE CONTRACT FOR SERVICES RENDERED PRIOR TO ` JANUARY 6, 1998, ALL AS ARE DEEMED NECESSARY TO FURTHER COMPLY WITH STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE STANDARDS. WHEREAS, pursuant to Resolution No. 9 -98 -10276 dated as of January 6, 1998 (the "Resolution ") the City of South Miami allocated funds in the amount of $10,000.00 from the Police Forfeiture Fund and authorized use of said funds to be used to commence operation of the After School Tutorial Program; and WHEREAS, certain services including services provided under contract by or through Essie M. Redmond were rendered to the City in furtherance of the implementation and ongoing operation of the Project prior to the effective date of the Resolution and for which payment in the amount of $696.1.6 has not been made. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission authorizes and approve payment of cost incurred prior to the effective date of the Resolution. Section 2 The Mayor and City Commission hereby ratifies the action of the City Manager to enter a contract (attached as Exhibit A) with and approves payment for services provided prior to the effective date of the Resolution in the aggregate amount of SIX HUNDRED NINETY -SIX DOLLARS and SIXTEEN CELTS ($696.16) to Essie M. Redmond. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 17 day of February, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2 CONSULTANT AGREEMENT THIS AGREEMENT MADE THIS DAY OF , 1998, BY AND BETWEEN THE CITY OF SOUTH ML4MI (THE "CITY"), SOUTH MIAMI, FLORIDA ("CITY") AND ESSIE M REDMOND, . INDIVIDUALLY ( "CONSULTANT "). WITNESSETH THAT WHEREAS, THE CITY DESIRES TO ESTABLISH AND IMPLEMENT AN AFTER SCHOOL TUTORIAL AND READING ENHANCEMENT PROGRAM TO SERVE POST ADJUDICATED YOUTH RESIDING WITHIN THE CITY OF SOUTH MIAMI AND "AT RISK" YOUTH LOCATED WITHIN THE "TARGET AREA" OF THE CITY OF SOUTH MIAMI; WHEREAS, THE CITY HAS SUBMITTED A PROPOSAL ( "PROPOSAL ") TO THE STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE ( "DIJ") PURSUANT TO WHICH THE CITY REQUESTED FUNDING OF AN AFTER SCHOOL TUTORIAL PROGRAM TO SERVE THE CITY OF SOUTH MIAMI (the "ASTP "); WHEREAS, PURSUANT TO RESOLUTION NO. 9 -98 -10276 DATED JANUARY 6, 1998, EXHIBIT A HERETO, THE CITY COMMISSION AUTHORIZED AND DIRECTED THE COMMENCEMENT OF OPERATION OF THE AFTER SCHOOL TUTORIAL PROGRAM IN COMPLIANCE WITH THE GOALS OBJECTIVES AND STANDARDS SET FORTH IN THE PROPOSAL SUBMITTED TO DJJ; WHEREAS, THE FOREGOING GOALS AND OBJECTIVES WOULD BE ACHIEVED IN A MORE TIMELY MANNER BY ENGAGING EXPERIENCED EXPERT CONSULTANTS; WHEREAS, THE PROPOSAL PROVIDES FOR THE STAFFING OF CERTAIN POSITIONS INCLUDING A CURRICULUM DEVELOPMENT SPECIALIST /SPECIALIZED READING 6 INSTRUCTOR, A SPECIALIZED READING INSTRUCTOR AND FACILITIES TO HOUSE THE PROGRAM AS IS SET FORTH ON EXHIBIT B HERETO. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. CONSULTANT AGREES TO APPLY ITS KNOWLEDGE, SKILL, AND PROFESSIONAL EXPERTISE TOWARD ORGANIZING, MAINTAINING AND FACILITATION THE IMPLEMENTATION AND OPERATION OF AN AFTER SCHOOL TUTORIAL PROGRAM (SUBSTANTIALLY IN ACCORDANCE WITH THE PROGRAM DESCRIBED IN THE SOUTH MIAMI AFTER SCHOOL TUTORIAL PROGRAM SUBMITTED TO DJJ AND THE CITY AGREES TO COMPENSATE CONSULTANT, COMMENCING JANUARY 1, 1998 AT A DISCOUNTED MONTHLY RATE OF AN AMOUNT EQUAL TO THREE THOUSAND AND EIGHTY- THREE DOLLARS ($3,083.00) PAYABLE AT LEAST TWICE MONTHLY DURING THE TERM HEREOF. 2. CITY RECOGNIZES AND CONSENTS THAT CONSULTANT MAY RETAIN OR ACQUIRE OTHER BUSINESS CLIENTS DURING THE TERM OF THIS AGREEMENT. HOWEVER, CITY AND CONSULTANT EXPRESSLY AGREE THAT OUTSIDE EARNINGS AS DESCRIBED HEREIN SHALL NOT REDUCE, OFF SET OR OTHERWISE AFFECT THE AMOUNT OF BASE SALARY DUE AND OWING CONSULTANT UNDER THE TERMS OF THIS AGREEMENT; NOR SHALL IT PRECLUDE CONSULTANT FROM PROVIDING PROFESSIONAL OR PERSONAL SERVICES TO OR ON BEHALF OF AND ENTITY RELATED TO CITY. 3. EITHER PARTY MAY TERMINATE THIS AGREEMENT, BY PROVIDING FORTY (40) DAYS WRITTEN NOTICE PRIOR TO DECEMBER 31, 1998 THE PROPOSED DATE OF TERMINATION. UPON TERMINATION BY THE CONSULTANT, CONSULTANT SHALL BE OBLIGATED TO PREPARED A WRITTEN /ORAL STATUS REPORT OF SIGNIFICANT COMPONENTS OF CONSULTANTS' OUTSTANDING WORK TO THE CITY. THE CITY 6 SHALL BE OBLIGATED TO COMPENSATED CONSULTANT AT ITS USUAL RATE FOR PREPARATION AND /OR PRESENT A STATUS REPORT. THE TWO FOLD PURPOSE OF THE STATUS REPORT PROVISION IS TO INSURE THAT AN UNANTICIPATED PREMATURE SEVERANCE DOES NOT COMPROMISE THE PROFESSIONAL JUDGMENT AND WORKMANSHIP OF CONSULTANT OR DIMINISH SIGNIFICANTLY THE VALUE OF THE SERVICES PROVIDED BY CONSULTANT PRIOR TO A PREMATURE SEVERANCE. SCOPE OF SERVICES 1) PREPARATION OF SITE AS ACADEMIC /AFTER SCHOOL FACILITY 2) MAINTAIN FACILITY IN ACCORDANCE WITH DATE AND TIMES OF PROGRAM AS APPROVED BY DJJ 3) ATTEND DJJ REQUIRED ORIENTATION, IF ANY 4) COORDINATE SERVICES WITH CITY OFFICIALS AND DJJ AS NECESSARY TO MAINTAIN DJJ COMPLIANCE AND RECORD KEEPING STANDARDS 5) PROVIDE ACADEMIC PROGRAM ADMINISTRATION AND SOCIAL WORK CASE MANAGEMENT SUPERVISION IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST ABOVE APPEARING. CITY OF SOUTH MIAMI ESSIE M. REDMOND BY: BY: INTERIM CITY MANAGER W. J. ACADEMY ADMINISTRATOR PRINT NAME: PRINT NAME: DIANA MORRIS EXECUTED AFFECTED AS OF JANUARY 1, 1998 3 ESSIE M. REDMOND CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor & City Commission FROM: Diana Morris Interim City Manager DATE: February 17, 1998 AGENDA G NDA ITEM # Comm. Mtg. 2/17/98 The attached resolution authorizes the City Manager to execute and submit a grant application in collaboration with certain community based and not- for -profit organizations to the State of Florida Department of Juvenile Justice to fund a truancy, suspension and expulsion and crime prevention program. cc: Ronetta Taylor, City Clerk RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, FLORIDA, RELATING TO JUVENILE CRIME 3 PREVENTION, AUTHORIZING AN APPLICATION TO FLORIDA 4 DEPARTMENT OF JUVENILE JUSTICE COMMUNITY JUVENILE 5 JUSTICE PARTNERSHIP GRANT PROGRAM REQUESTING AN AWARD 6 FOR A TRUANCY REDUCTION, SUSPENSION AND EXPULSION AND 7 CRIME PREVENTION PROGRAM. 8 9 10 WHEREAS, the City supports and encourages healthy lifestyle activities; and 11 12 WHEREAS, the prevention of criminal activity and recidivism among youth ages 13 10 - 17 years continues to escalate throughout the State, particularly within minority 14 communities; and 15 16 WHEREAS, minority youth continue to comprise a disproportion number of 17 persons within the juvenile justice system; and 18 19 WHEREAS, limited funds are available on a grant reimbursement basis to local 20 and community based organizations to assist in the implementation of programs designed 21 to reduce truancy, suspensions and expulsion and reduce juvenile crime programs; and 22 23 WHEREAS, the Office of Development, has with the assistance of local and 24 community based organizations, prepared a truancy reduction program which provides 25 direct services to "At- Risk" and/or delinquent juveniles program to be submitted to the 26 State of Florida Department of Juvenile Justice; 27 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. That the Mayor and Commission authorize and support submission 33 of an application to the Department of Juvenile Justice for a grant to fund the program of 34 services to be provided substantially in. accordance with the proposed terms, conditions 35 and collaboration partners, all as are more fully set forth in the application attached hereto 36 as Exhibit A. 37 38 Section 2 That the City Manager is authorized to negotiate and to execute a 39 contract between the City and Department of Juvenile Justice, substantially in accordance 40 with the proposed terms, conditions and program services and providers as is more fully 41 described in the application and as my be requested or required by Department of Juvenile 42 Justice. 43 44 Section 2. This resolution shall take effect immediately upon approval. 1 PASSED AND ADOPTED this 17th day of January, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY h CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 2/13/98 AGENDA ITEM # FROM: Dia rris Comm. Mtg. 2/17/98 Interim Ci Municipal Code Corp. The attached resolution authorizes the expenditure of $1,428.00 for payment of services rendered by Municipal Code Corporation for the indexing of South Miami City Commission Minutes July — December 1996. Disbursement for this expenditure is to be charged to Account No. 01 -1200- 512 -6420. Recommendation Approve. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INDEXING OF COMMISSION MINUTES, AUTHORIZING THE EXPENDITURE OF $1,428.00 FOR PAYMENT OF SERVICES RENDERED BY MUNICIPAL CODE CORPORATION FOR THE INDEXING OF SOUTH MIAMI MINUTES JULY- DECEMBER, 1996, AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01 -1200- 512 -6420 j RECORDS RETENTION WHEREAS, the City Clerk's office seeks to provide for the timely and systematic indexing of the City Commission minutes; and WHEREAS, it is incumbent upon the City Clerk to maintain a comprehensive general indexing of the proceedings of the City Commission meetings; and WHEREAS, Municipal Code has provided excellent service to the City in regard to the indexing of City Commission Minutes. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Municipal Code Corporation has provided excellent service to the City in regard to the indexing of City Commission minutes. Section 2. That the administration is authorized to disburse the sum of $1,428.00 to Municipal Code Corporation for the payment of services rendered in the indexing of City Commission Minutes from July - December, 196 and charging the disbursement to Account No. 01- 1200 -6420 a Records Retention. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY MUNICIPAL CODE CORPORATION PHONE (904) 576 -3171 C P.O. BOX 2235 TALLAHASSEE, FLORIDA 32316 INVOICE 16621 F SOLD ("'TTY Y (Jl.. S(.RY 1""1 1711Y-111111, 1.. l_ TO lYl;'i.. Fti0IAI::.1 (ii (AY1-.0R, C.*I f'f' CL..E'Rl {3(.11.1 t i °1 I'I.1.1 tl I1.., F: L.. L_ J CUSTOMER P.O. NO. SHIP VIA TERMS FED. ID# NET 30 DAYS 59- 0649026 DESCRIPTION ml� - LIST PRICE AMOUNT :!. 1/2 :1. 0 F'A(:) 1 : : :f :) OVE::F (:(:11117'RACi'T B iC3E'. .1. F'RI ::..I:GITF 900.00 35.00 3.00 c• 525.00 RE: 3:hll'rE:C1:1h1(:1 C)F' TM'IE C3(:11.}'T1"1 r1ir.-I 1 ITI :I:N(YT'E4 3 F'i:)R .1. 96 t1YU1 ...Y • Add $ per month late charge if paid after 30 days from invoice date. Interest will be charged at the rate of 1 -1/2% per month on the unpaid balance of any account remaining unpaid more than 30 days after invoice date. —. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: February 17, 1998 FROM: Diana M SUBJECT: Agenda Item # Interim City Manager Commission Meeting - February 17, 1998 CANAL MAINTENANCE - BROAD CANAL Approval is sought via the attached resolution for authorization to negotiate changes to the canal maintenance agreement with Miami -Dade County. Under the present agreement, most of the maintenance activities in the City's Broad Canal are provided by the County ( "above culvert cleaning ", or surface litter control, is the only exception). Payment for these County services is made through deductions from the City's portion of stormwater utility fee revenues. Based on past expenditures, Public Works estimates that approximately $7,400 is "paid" annually to the County for maintenance services through stormwater fees. The Department has obtained a price quote from a professional waterway maintenance contractor for a Broad Canal maintenance package (including litter control) which roughly matches this figure. In other words, the increase in stormwater revenue resulting from discontinuing County services at Broad will defray the contractor expense. Based on the specifics listed in the above package, as well as their experience with the contractor, Public Works believes that the firm will provide a significantly improved maintenance service for the canal. Moreover, the contractor's proven responsiveness will enable the City to correct unexpected problems that arise. Consequently, it makes sense to re- negotiate the Miami -Dade contract terms to achieve improved maintenance and responsiveness for approximately the same cost. Miami -Dade County is in the process of drafting the contract revisions. Once the draft is ready, it will be presented to the City Commission for approval. Based on the above arguments, it is recommended that the City Commission approve the resolution authorizing the contract revisions. Attachments ..� 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH 6 MIAMI, FLORIDA, AUTHORIZING THE CITY 7 ADMINISTRATION TO NEGOTIATE s CHANGES IN THE PROVISIONS CONTAINED 9 IN THE CANAL MAINTENANCE 10 INTERLOCAL AGREEMENT BETWEEN THE 11 CITY OF SOUTH MIAMI AND 'MIAMI -DADE 12 COUNTY; ALLOWING THE CITY TO 13 ASSUME MAINTENANCE rrrrr RESPONSIBILITY 14 FOR THE CITY -OWNED `BROAD CANAL 15 16 17 WHEREAS, proper maintenance of the City's waterways is essential 18 for environmental preservation, aesthetics, and the city's quality of life, and; 19 20 WHEREAS, the current canal maintenance agreement between the 21 City and Miami -Dade County is due for renewal on late April 27, 1998, 22 and; 23 24 WHEREAS, given the performance observed over the past year, the 25 Public Works Department has determined that a private contractor can 26 provide improved canal maintenance for the City's Broad Canal; and, 27 28 WHEREAS, the cost of the contracted maintenance can be mostly 29 offset by the reduced expenditures from the stormwater fee fund which will 3o result from the decreased scope of work performed by Miami -Dade County; 31 and, 32 33 WHEREAS, Miami -Dade County is in agreement with making the 34 changes in contract provisions and is in the process of drafting a revised 35 contract. 36 37 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 38 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 Section I. The City Manager be authorized to move forward with 41 the changes in the contract provisions reducing the County's scope of 42 work. 43 44 1 2 3 Section 2. For the City's Broad Canal, all maintenance categories, 4 including chemical treatment and below culvert cleaning will be s provided by a private contractor to be retained and monitored by the 6 City's Public Works Department. 7 8 Section 3. That this resolution be effective immediately after adoption 9 thereof. 10 11 PASSED AND ADOPTED this 17'h day of February, 1998. 12 13 14 APPROVED: 15 16 17 MAYOR 18 19 ATTEST: 20 21 22 CITY CLERK 23 24 25 READ AND APPROVED AS TO FORM 26 27 28 CITY ATTORNEY 29 30 31 32 33 34 35 36 37 38 39 40 0 02/13/88 FRI 12:58 FAX 305 374 1005 THOMSON HURARO 4001 THOMSON MURARO RAZOOK & HART, P.A. One Southeast Third Avenue 17th Fioor Miami, Fierida 33131 TELECOPIER COVER LETTER TELEPHONE: (305) 350 -7200 TELECOPIER (305) 374 -1005 The Information contained In this faCOmile message Is Intended only for the use of the Individual or entity named below. If the reader of this message Is not the Intended recipient, or the employee or agent responsible for delivering it to the intended recipient; you are hereby notified that any dissemination, distribution' or copying of this communication Is strictly prohibited. If VOU received this communication in error, please Immediately notify us by telephone, and return the original message to us at the above' address via the U.S. Postal Service. Receipt by anyone other than the intended recipient IS not a waive of any attorney-client or worts produCt privilege. TO: -o;w- "A4A�L4 FROM: RICHARD J. RAZOOK DATE: February 13, 1998 FAX NUMBER: ('o - - TELEPHONE NUMBER; to (Q o NUMBER OF PAGES: — REFERENCE NUMBER: G�`2 to , o COMMENTS: WE ARE TRANSMITTING FROM AN AUTOMATIC XEROX TELECOPIER 295, GROUP iii MACHINE IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL BACK AS SOON AS POSSIBLE TELEPHONE NUMBER: (305) 350 -7200 Bxt. 6011 FOR TRANSMISSION PURPOSES: (305) 374-1005 /D 02/13/98 FRI 12:59 FAX 305 374 1005 THOMSON MURARO THOMSON MURARO RAZOOK &r HART, P.A. ATTQRNEYS AT LAW ONE. SOUTHEAST THIRD AVENUE t vw FLOOR MIAMI, FLORIDA 33131 RICHARD J. RAZOOK February 13, 1998 TR.AT?SMITTED BY TELECOPZER Ms. Diane Morris Acting City Manager 6130 Sunset Drive South Miami, Florida 33143 Application for Special Exception Item: PB -96 -001 Applicant: SPG Phase One, Ltd. Project: Mixed Use Development-Project TELEPMONE (SOS) 350 -7200 TtLLCOPIER (305) 37`•1005 Ms. Morris: In light of our discussion earlier this week and the City's need to complete its title examination of the property, we do not object if the Commission hearing now scheduled to .take place on February 17, 1998 concerning the above - referenced Application is deferred. It is in the best interest of the City and the Applicant to defer to a subsequent, regularly- scheduled hearing time and date to appear before the Commission. This will allow the City to complete its work in a proper manner. sincerely, . Razoo RJR /ler CC: William Mackey Earl Gallop Al - Elias $abe Elias (Transmitted by telecopier) 'f1 002 /o CITY OF SOUTH MIAMI i INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: February 13, 1998 Agenda Item # From: Diana Morri Re`. Comm. Mtg. 02/17/98 Interim City Manager Charrette Instructions REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF, THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS; TO THE CITY ADMINISTRATION TO PREPARE A DRAFT PLAN AND BUDGET FOR THE FOURTH SOUTH MIAMI CHARRETTE ACTIVITY; PROVIDING FOR DESIGNATION OF ONE OF THE TEN TRADITIONAL NEIGHBORHOODS; PROVIDING FOR A SCHEDULE FOR SUBMITTAL; AND, PROVIDING FOR AN EFFECTIVE DATE. i j BACKGROUND & ANALYSIS: Pursuant to the 1995 Evaluation & Appraisal Report [EAR], the proposed resolution instructs. the City Administration to begin planning for the fourth City of South Miami charrette activity. The proposed resolution does not specify a neighborhood but is designed in order to allow the City Commission to discuss and determine an appropriate neighborhood (fill -in- the -blank style). RECOMMENDATION: Approval with insertion. Attachments: Proposed Resolution for Adoption Ten Traditional Neighborhoods City Manager's Report: Charrette Instructions Resolution 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS 6 TO THE CITY ADMINISTRATION TO PREPARE A DRAFT PLAN AND 7 BUDGET FOR THE FOURTH SOUTH MIAMI CHARRETTE ACTIVITY; 8 PROVIDING FOR DESIGNATION OF ONE OF THE TEN TRADITIONAL 9 NEIGHBORHOODS; PROVIDING FOR A SCHEDULE FOR SUBMITTAL; 10 AND, PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, on November 21, 1995, the City Commission voted to 14 adopt the 1995 Evaluation & Appraisal Report [EAR] which included 15 recommendations for conducting neighborhood charrettes for all of 16 the neighborhoods within the City of South Miami; and, 17 18 WHEREAS, ten traditional neighborhoods have been identified 19 in the City of South Miami by the 1989 Comprehensive Plan and are 20 included in the 1995 Evaluation &Appraisal Report; and, 21 22 WHEREAS, these ten traditional neighborhoods, enumerated and 23 named in the 1995 EAR, are attached hereto as "Exhibit 1;" and, 24 25 WHEREAS, design charrettes have already been completed for 26 neighborhoods identified in "Exhibit 1" as Neighborhood 4 (Gables 27 Edge), Neighborhood 6 (Hometown Too), a portion of Neighborhood 9 28 (Red- Sunset), and recently Neighborhood 10 (Snapper Creek); and, 29 30 WHEREAS, the Administration has received informal requests 31 from citizens who desire that their neighborhood be considered as 32 the next area for a design charrette, where said citizens are 33 from different neighborhoods as identified in "Exhibit 1 "; and, 34 35 WHEREAS, the City Commission finds that it is in the pubic 36 interest to select Neighborhood as the next neighborhood where 37 the City will sponsor a design charrette activity. 38 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 41 THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. The City Administration is hereby instructed to 44 prepare a draft plan and budget for a Design Charrette Activity. 45 Charrette Instructions Resolution: February 17, 1998 1 I Section 2. Neighborhood as identified on the map 2 attached hereto and entitled "Exhibit 1," is hereby selected as 3 the design area for the fourth South 'Miami charrette activity. 4 5 Section 3`. A draft activity plan and budget shall be ready 6 for review by the City Commission no later than April 21, 1998, 7 so that charrette activities may be scheduled for summer of 1998. 8 9 Section 4. This resolution shall take effect immediately 10 upon approval: 11 12 13 PASSED AND ADOPTED this 17th day of February, 1998. 14 15 16 ATTEST: APPROVED: 17 18 19 �I 20 21 CITY CLERK MAYOR 22 23 24 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 25 Mayor Robaina: 26 Vice -Mayor Oliveros: 27 Commissioner Feliu: 28 Commissioner Russell: 29 CITY ATTORNEY Commissioner Bethel: 30 31 c:\ ... \ New Charrette \ Instructions- Res.doc 32 W a 3 SW 647" Exhibit 1 R W A SW ism ST. SW 02ND ST rA ET DRIVE lot" ST. Ten Traditional Neighborhoods Study Develop a master plan for new development and redevelopment which strengthens the individual identity of each neighborhood and the City of South Miami as a whole. The following names are those which describe the ten traditional neighborhoods to be utilized as ten planning areas within the City of South Miami. 1. Bird Road Neighborhoods ✓6. "Hometown Too" Area 2. Miller Road Neighborhoods 7. Cocoplum Neighborhood 3. Twin Lake Neighborhood 8. Ludlam Area Neighborhood V 4. Gables Edge Neighborhood 9. Red Sunset Neighborhood 5. Semi - Estates Section Y10. Snapper Creek Neighborhood Each neighborhood could be named and physically defined by entrance features, landscaping, unique tree plantings, colored or patterned sidewalks, specialized signage and lighting features. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: February 17, 1998 4:�3toA Z Diana Morns RE: Agenda Item FROM: g Interim City Manager Commission Meeting, February 17, 1998 MODIFICATION OF STREET STANDARDS TO ALLOW FOR THE CONSTRUCTION OF ANGLE PARKING ALONG SW 57TH COURT BETWEEN 73RD STREET AND 74TH STREET The attached resolution seeks approval to modify the South Miami Street Standards, pursuant to Section 20 -7.26 (c) of the City's Land Development Code, in order to provide additional on- street parking on SW 57t" Court between SW 73rd Street and SW 74t'' Street. Currently, the eastern "half' of this city block consists of undeveloped land. The existing twelve (12) metered parking spaces are all located along a ,stretch of dirt and grass. Besides being unsightly, this area becomes muddy during rainy periods. Thus, these public parking spaces could be greatly improved through the construction of a paved parking area. Moreover, allowing for angled parking would increase the number of available parking spaces in the downtown commercial district. Upon approval of this resolution, the exact design would have to be approved by the Environmental Review and Preservation Board (ERPB). Depending upon the specific design approved by the ERPB, as many as nine (9) additional metered public parking spaces could be created. The adjacent parking area on north side of SW 741' Street (which also exists along a stretch of dirt and grass) can be similarly improved through paving. It should be noted that the property to the adjacent east of SW 57t` Court is undeveloped. When that vacant property is eventually developed, this part of SW 57' Court will have to be fully re- constructed by the developer (at their expense) to accommodate on -site uses. The attached resolution therefore represents a practical interim solution for this city block. Upon approval, the 57th Court Project will be scheduled to coordinate with the Sunset Drive Improvements project. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH s MIAMI, FLORIDA, RELATING TO THE 6 STREET STANDARDS AND ON- STREET 7 PARKING FOR SW 57TH COURT, IN ORDER 8 TO PROVIDE ADDITIONAL PARKING ON SW 9 57TH COURT BETWEEN SW 73RD STREET 10 AND SW 74TH STREET, PURSUANT TO 11 SECTION 20 -7.26 (C) OF THE CITY'S LAND 12 DEVELOPMENT CODE; AND, PROVIDING 13 FOR AN EFFECTIVE DATE. 14 15 WHEREAS, on June 3, 1997, the City Commission adopted a new 16 sub - section 20- 7.26(0) which permits the City Commission to adopt revised 17 street standards in order to address special needs; and, 18 19 WHERAS, on June 3, 1997, the City Commission adopted a set of 20 revised street standards for SW 57th Court, pursuant to the newly adopted 21 sub- section 20- 7.26(C); and, 22 23 WHEREAS, the Public Works Department has developed a set of 24 modified street standards for SW 57th Court in order to improve the street's 25 aesthetics and provide additional parking spaces; and, 26 27 WHEREAS, the City Commission finds that it is in the public interest 28 to provide for increased availability of public parking in the downtown 29 district. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. The drawing, attached hereto as "Exhibit A," and prepared by the 35 Public Works Department, is hereby adopted as the street standard for SW 36 57th Court between SW 73rd Street and SW 74th Street, pursuant to Section 37 20 -7.26 (C) of the Land Development Code. 38 /700 1 Section 2. This resolution shall take effect immediately upon approval. 2 3 4 PASSED AND ADOPTED this 17th day of February, 1998. 5 6 7 APPROVED: s 9 10 11 MAYOR 12 13 ATTEST: 14 15 16 17 CITY CLERK 1s 19 20 21 READ AND APPROVED AS TO FORM 22 23 24 25 CITY ATTORNEY /Z T PROPOSED STREET STANDARD For SW 57" Court from SW 73" Street to SW 74' Street — Exhibit A -- The street configuration outlined below provides for angle parking within the existing 45' wide right -of- way. Currently, a single row of parallel parking spaces exist on this block. The proposed angle parking configuration would increase the number of available parking spaces in the downtown area. This configuration would also provide a pedestrian access walkway to the parking spaces on the eastern edge of the right -of -way. Currently, no walkway exists for the on- street parking. It should be noted that when the adjacent parcel of vacant land to the east of 57"' Court is developed, the right -of -way will necessarily have to be re- configured to support on -site ingress /egress, and on- street parking needs. Accordingly, before that property is developed, a new street standard will have to be proposed by the developer at that future time. Typical Street Section: L - 45' .I �T + 20' _ 18 No Existing Sidewalk 10' Drive The area front of 1 trees can landscap equipper racks, at ..__ . of the ERPB. Proposed Angle Parking Area Proposed Walkway Existing Trees To Remain Optional Landscaped Strip (low ground cover) /2 FEB -10-1998 16:05 CITY OF SOUTH MIAMI BZCi ?u•2.s6(F) DOWNTOWN STREETS .'ter rte' ' Eight of Way widtbs -Wk A and 45 Ft Curb Radius Q 15 ft, clear Zone Radius o:25 fl, Tree Spacing= 2210 44 R, Etthm crude or awning rrtporod, Typteat Street s"itott far Ed Carter Driva (60(h right.or-wayn • 2 Travel Lsnos to ft, wide, one traveling in each direction • 2 P-12ot t'us'king Lanes. 5 R wide; on eaeh side streat. a Sidimik' 22 ftwide- • RrcadesshaE.be a miatmum of S IL wide between the fare of the bunWing and the inside face of she caterer, • Thom moll ben od.imum of is inches between me torn -d the nrmide face of the area& caitunnn for car doma. Typicat8treet Snellon for So ft right -of -way; a maysli-arwa 100, wide, one travefiog in each dimadon a.2 P0411e1 Parking Lanes, d ft. wide, rm each aide of tote, • 5ldnlaiks 7 ft' minintu m TyptcatSimi b'ectten for 45 ft rightwaf ways • 2 Te r"I,LI es to it wide, am tmealing is tact, direction • f parallel puking Cane. 5 & wide: on ant rode f.treat, 0'Sidowea6 k onimen" - %51 kodmped strip bcrmn dx sidewalk and the "yet lam (an du side of the sumt with no parlmte). EXAMPLE: ED COO LE Y DRIVE W' ,.O-77.) BUILD—To LINE BUILD —TA �- LIME E� r`a 12' 8' to' aQ for s' t i3• «� Q '} rA rn Y ' n 1 t t 1 i I 1 1 1 1 i 9 i r • i 1 O n iu P. 0 -1. 26 TOTAL P.81 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 11, 1998 Agenda Item # 13 From: Diana Mo s Re: Comm. Mtg. 02/17/98 Interim City Manager Response to DCA Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LANGUAGE TO SATISFY THE DEPARTMENT OF COMMUNITY AFFAIRS, REGARDING THE CITY'S 16 EAR- BASED AMENDMENTS TO THE COMPREHENSIVE PLAN WHICH WERE ADOPTED VIA ORDINANCE NO. 20 -97 -1641 ON AUGUST 19, 1997; PROVIDING FOR A SCHEDULE FOR REMEDIAL AMENDMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On August 19, 1997, the City Commission adopted a package of 16 -EAR Based Amendments to the City's Comprehensive Plan, in order to implement recommendations contained in the 1995 Evaluation and Appraisal Report [EAR]. On October 7, 1997, the City received a letter from the Florida Department of Community Affairs [DCA] regarding their Statement of Intent and Notice of Intent to find the City's amendment package not in compliance with State standards. In conjunction with the City Attorney's Office, the staff of DCA has consented to terms that may be utilized in a future stipulated settlement and in a remedial amendment, in order for DCA to find the City's amendments in compliance. The attached resolution adopts proposed language to be transmitted to DCA, in order to proceed with the stipulated settlement process. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Letter from DCA, dated February 5. 1998 Staff Memorandum, dated October 16, 1997 Summary to Date (easy reference outline) City Manager's Report: Response to DCA Resolution 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LANGUAGE TO 6 SATISFY THE DEPARTMENT OF COMMUNITY AFFAIRS, REGARDING 7 THE CITY'S 16 EAR- BASED AMENDMENTS TO THE COMPREHENSIVE 8 PLAN WHICH WERE ADOPTED VIA ORDINANCE NO. 20 -97 -1641 ON 9 AUGUST 19, 1997; PROVIDING FOR A SCHEDULE FOR REMEDIAL 10 AMENDMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, on August 19, 1997, the City Commission voted to 14 adopt Ordinance No. 20 -97 -1641, regarding City's Amendment 96 -2ER 15 (a.k.a. DCA No. 97 -1ER) to the adopted Comprehensive Plan, which 16 implements recommendations contained in the City's adopted 1995 17 Evaluation and Appraisal Report [EAR]; and, 18 19 WHEREAS, on October 7, 1997, the City received a letter from 20 the Florida Department of Community Affairs [DCA] regarding their 21 Statement of Intent and Notice of Intent to find the City's 22 amendment package not in compliance with State standards; and, 23 24 WHEREAS, DCA's findings are based on the following three 25 issues: (1) the analyses and data in the Transportation Element, 26 (2) thresholds for construction of retail, office and residential 27- uses in the Mixed- Use - Commercial /Residential areas, and (3) a 28 target date for construction of affordable housing units in the 29 Housing Element; and, 30 31 WHEREAS, in conjunction with the City Attorney's Office, the 32 staff of DCA has consented to terms that may be utilized in a 33 future stipulated settlement and in a remedial amendment, in 34 order for DCA to find the City's amendments in compliance; and, 35 36 WHEREAS, the City Commission finds that it is in the public 37 interest to resolve the aforementioned outstanding issues. 38 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 41 THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1.. The attached language, contained in "Exhibit A" 44 and attached hereto, is hereby adopted as the future stipulated 45 settlement language to be used in a remedial amendment. Response to DCA Resolution: February 17, 1998 1 1 2 Section 2. The City Administration is instructed to transmit 3 this resolution to the Florida Department of Community Affairs on 4 February 18, 1998, in order to continue the approval' process. 5 Remedial amendments as indicated in Exhibit A are to be scheduled 6 pursuant to the terms of the final stipulated settlement. 7 8 Section 3. This resolution shall take effect immediately 9 upon approval. 10 11 12 PASSED AND ADOPTED this 17th day of February, 1998. 13 14 15 ATTEST: APPROVED: 16 17 18 19 20 CITY CLERK MAYOR 21 22 23 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 24 Mayor Robaina: 25 Vice -Mayor Oliveros: 26 Commissioner Feliu: 27 Commissioner Russell: 28 CITY ATTORNEY Commissioner Bethel: 29 30 31 c:\ ... \ EAR- Amends \ DCA- NOI- Res.doC Response to DCA Resolution: February 17, 1998 2 Exhibit A 1 I. AMENDMENT TO THE TRANSPORTATION ELEMENT 2 3 The following remedial amendment language is proposed as an addition to the existing goals, 4 policies and objectives of the City's adopted and amended Transportation Element as follows: 5 6 Policy 1.6.6 Interim Policy: The Cif of South Miami shall complete the following 7 tasks within three months of insert date here in order to be found in 8 compliance by the Florida Department of Community Affairs: 9 10 An analysis of the existing transportation ransportation system, levels -of- service and 11 service needs based won existing_ design and operating capacity, most 12 recently available estimates for average and daily peak hour vehicle trips, 13 existing modal split and vehicle occupancy rates existing public transit 14 facilities including ridership by route peak hour capacities and headways, 15 population characteristics including transportation ransportation disadvantaged, and the 16 existing_ characteristics of trip generators and attractors. The City will 17 coordinate with MOT and Dade County MPO to complete the anal 18 Said analysis must show that the system is functioning and will identify 19 needs which will correct existing deficiencies of the transportation system. 20 21 Policy 1.6.7 Interim Policy: The City of South Miami shall complete the following 22 tasks within six months of insert :; date here in order to be found in 23 compliance by the Florida Department of Community Affairs: 24 25 • An analysis of the availability of transportation facilities and services to 26 serve existing land uses, and, 27 28 • An analysis of the availability of transportation system to evacuate the 29 coastal population prior to an impending natural disaster, and, 30 31 An analysis of the growth trends and travel patterns and interactions 32 between land use and transportation, and the comparability between the 33 future land use and transportation elements, and, 34 35 • An analysis of the projected transportation system level -of- service and 36 system needs based upon the future land use categories, including the 37 intensities or densities, and the projected integrated transportation system. 38 39 The analysis shall consider the projects planned for in FDOT's work 40 program, the long range transportation plan and traffic improvement 41 program , (TIP) of the Dade County MPO, and the Metro Dade Transit 42 Authority, and, 43 44 • The analysis shall demonstrate how the City will maintain its adopted 45 level -of- service standard for roads and transit facilities, and Exhibit A 1 Exhibit A 1 2 The analysis shall address internal consistency of the plan, especially its 3 provisions addressing transportation land use and the availability of 4 facilities: and, 5 6 - An analysis °which identifies land uses and transportation management 7 programs necessary to promote and support public transportation systems g in designated transportation corridors. 9 10 11 12 13 II. AMENDMENT TO THE FUTURE LAND USE ELEMENT 14 15 The following remedial; amendment language is proposed as an addition to the existing goals, 16 policies and objectives of the City's adopted and amended Future Land Use Element as follows: 17 18 Mixed -Use Commercial/Residential (Four- Story) 19 The mixed -use commercial /residential land use category is intended to provide for different 20 levels of retail uses, office uses, retail and office services, and residential dwelling units with an 21 emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted 22 heights, densities and intensities shall be set forth in the Land Development Code. Regulations 23 regarding the permitted height, density and intensity in zoning districts for areas designated as 24 mixed -use commercial /residential shall provide incentives for transit - oriented development and 25 mixed -use development. Zoning regulations shall reinforce the "no widenings policy set forth 26 in the Traffic Circulation Element by encouraging use of `Metrorail system. Pursuant to the 27 recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.) 28 in the Comprehensive Plan, the City adopts a F.A.R. of 1.6 for this land use category which is 29 the existing F.A.R. in the Land Development Code for the corresponding zoning district. In 30 addition the City adopts a maximum residential' density of 24 units per acre. In order to ensure 31 a mix of uses the City requires that a minimum of two of the above uses must be developed 32 within this category. For residential projects, at a minimum, the first floor must allow retail. 33 For retail projects, at a minimum at least one floor must contain residential of office. For office 34 projects at a minimum at least one floor must contain residential or retail. 35 36 37 38" 39 III. FUTURE LAND USE MAP AMENDMENTS 40 41 No language changes or map changes are proposed, as it is understood that the amendment 42 which is proposed in the previous section, if accepted, will satisfy DCA, regarding this section. 43 44 45 Exhibit A 2 w . .. y - .wP E ,, Exhibit A 1 IV. AMENDMENT TO THE HOUSING ELEMENT 2 3 The following remedial amendment language is proposed as an addition to the existing goals, 4 policies and objectives of the City's adopted and amended Transportation Element as follows: 5 6 - Policy 1.3.6 Interim Policy: The City of South Miami shall complete the following 7 tasks within three months of insert date here, in order to be found in 8 compliance by the Florida Department of Community Affairs: 9 10 Housing Data and analysis and associated policies and objectives, based 11 upon the Affordable Housing Needs Assessment by the Shimberg Center 12 for Affordable Housing, University of Florida. 13 14 15 16 17 V. CONSISTENCY TENCY WITH THE STATE CO MPREHENSIVE PLAN 18 19 No language is proposed, as it is understood that the aforementioned amendments together, if 20 accepted, will satisfy DCA, regarding' consistency issues. 21 22 23 24 VI CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SO FLA 25 26 No language is proposed, as it is understood that the aforementioned amendments together, if 27 accepted, will satisfy DCA, regarding consistency issues, 28 29 30 31 4. 32 i I� J Exhibit A 3 t 1 - STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" LAWTON CHILES JAMES F. MURLEY Governor Secretary February 5, 1998 'E Bill Mackey City of South Miami Planning Department 6130 Sunset Drive 4 _ South Miami, FL 33143 Z RE: Not In Compliance Determination for City of South Miami Amendment No. 97 -IER Dear Mr. Mackey: Pursuant to our conversations, the Department agrees to resolving the not in compliance determination based on the discussions that you and I have had over a period of time. Your help in this process has been greatly appreciated. With regard to the Mixed Use Commercial/Residential (Four Story) land use designation issue, we agree that the City can modify the Mixed Use category as follows: "The mixed -use commercial/residential land use category is intended to provide for different levels of retail uses, office uses, retail and office services, and residential dwelling units with an emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted heights, intensities, and densities shall be set forth in the Land Development Code. Regulations regarding the permitted height, density and intensity in zoning districts for areas designated as mixed -use commercial/residential shall provide incentives for transit oriented development and mixed -use development. Zoning regulations shall reinforce the "no widenings "policy set forth in the Traffic Circulation Element by encouraging use of the Metrorail system. Pursuant to a recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.), the City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition, the Cily adopts a residential density of x (or you may want to establish a minimum and maximum densi , which supports mass transit). 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http:// www.state.fl.us /comaff /dca.html FLORIDA KEYS GREEN SWAMP SOUTH FLORIDA RECOVERY OFFICE Area of Critical State Concern Field Office Area of Critical State Concern Field Office P.O. Box 4022 2796 Overseas Highway, Suite 212 155 East Summerlin 8600 N.W. 36th Street Marathon, Florida 33050 -2227 Bartow, Florida 33830.4641 Miami, Florida 33159 -4022 104 Mr. Bill Mackey February 5, 1998 Page Two In order to ensure a mix of uses the City requires that a minimum of two of the above uses must be developed within this category. For residential projects, at a minimum, the first floor must allow retail. For retail projects, at a minimum, at least one floor must contain residential or office. For office nroiects, at a minimum, at least one floor must contain residential or retail." I believe that this language is acceptable because it ensures a mix of uses and establishes an intensity and density for each land use. Of course, feel free to change the wording as long as the substantive content is not altered. Upon finding the Mixed Use Commercial/Residential (Four Story) category in compliance, Future Land Use Map amendment Nos. 1, 2, 5, and 6 will be found in compliance. Please provide me with draft language for this category by February 18, 1998. Regarding the Transportation Element, the Department agrees that the City can add a policy whereby the City will complete the attached Short Term Guidelines within three months subsequent to the date in which the Department finds the remedial amendments in compliance. As we discussed earlier, you do not have to complete Short Term Guideline No. 3, Paragraph 2, which is the initial land use modeling exercise, because the City has a Transit Oriented Development District which contains a Mixed Use category. This category supports alternative forms of transportation. Please provide me with a draft policy by February 18, 1998. As for the attached Long Term Guidelines, the Department is still working with Miami - Dade County to resolve their not in compliance determination for the Transportation Element. As soon as we resolve their scheduling issues, we will work' with you on your schedule. I expect that `,ve should resolve Miami - Dade's scheduling issues within a couple of weeks. I will contact you so we can work out a schedule as soon as we resolve the Miami -Dade issue. Once the Long Term Guidelines are found in compliance, our issue regarding the Transportation Concurrency Exception Area, should be addressed. Our issue was that the City had not included policies to address the transportation needs of the TCEA. In our Statement of Intent, we noted that if you completed the Transportation Element, our issue would be addressed. That is still our position. However, if you would like, you could provide me with draft policies to address the TCEA and include them with the Stipulated Settlement Agreement. The policies should discuss Che shuttle system and could also include other strategies such as, but not limited to, timing and staging plans, parking controls and pricing, or transportation demand management and transportation system management. The benefit of doing this is that the TCEA issue could be addressed now rather than later. If you choose to add these policies, please provide them to me by February 18, 1998. I 3 ....- Mr. Bill Mackey February 5, 1998 Page Three Finally, as for the Housing issue, the City should be receiving a copy of the updated Shimberg Center housing data for Miami -Dade County. The new data should provide a more accurate reflection of affordable housing in the City because it is more sensitive to population increases or decreases than the previous study. If the study still shows that there are deficits, the City should provide an analysis of vacant land and redevelopment potential to determine first, how much residential development exists in the City. In addition, we should discuss the study and analyze the findings and assumptions. The City must set a target for affordable housing based on the new study or come up with alternatives which address meeting the affordable housing need. Please provide a policy whereby the City commits to completing the Housing data and analysis and associated objective and policies within 4 months after the remedial amendments are found in compliance. Please provide me with a draft policy by February 18, 1998. Please submit a draft response as outlined by February 18, 1998. I will examine the responses and make a recommendation to enter into a stipulated settlement agreement. Once we agree on the draft, we will title the draft "Exhibit B" and will include the "Exhibit B" in the Stipulated Settlement Agreement. After we enter into the stipulated settlement agreement, the City needs to adopt the remedial amendments and submit them to us. We will then review the amendments and issue a cumulative finding of in compliance. Finally, when you have drafts available for the short and long term transportation analysis and housing analysis, I would appreciate a draft copy so that we can provide a courtesy review. Thanks for being cooperative and providing good recommendations. If you have any questions, please call me at (850) 922 -1805. . Sincerely, Paul DiGiuseppe Planning Manager Enclosure cc: Dave Dahlstrom, South Florida Regional Planning Council 1 Potential Short Term Guidelines 1) Rule 9J- 5.019(3)(a) states that an amendment must contain an analysis of the existing transportation system, levels of service, and system needs. The Department recommends that the City provide an analysis of the existing transportation system levels of service and system needs, based upon existing design and operating capacity; most recently available estimates for average daily and peak hour vehicle trips; existing modal spilt and vehicle occupancy rates; existing public transit facilities, including ridership by route, peak hour capacities, and headways; population characteristics including transportation disadvantaged; and the existing characteristics of trip generators and attractors. The City should coordinate with FDOT and the Dade County MPO to complete the analysis. The analysis must show how the transportation system is functioning and identify needs which will correct existing deficiencies of the transportation system. 2) The Department recommends that the City adopt interim policies with specific commitments to complete the required analysis by a date certain, concurrent with the completion of the Dade County MPO long range transportation plan model update. The policies should specify how coordination will occur with the MPO, Dade County, and FDOT regarding consistency between the land use element and the transportation element and regarding technical support for completing the transportation element. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source, which has analyzed densities and intensities which support transit. Once such document is the Dade County MPO document "Transit/Land Use Relationship Report". Where incompatible uses occur, an analysis should be conducted that assesses FLUM alternatives that would be compatible, and consistent with the City's plan. This analysis must be completed prior to the Dade County MPO Long Range Transportation Model Update, so that, alternative land uses can be submitted to the MPO to resolve incompatibilities between the transportation system and land use. The City should coordinate with Dade County regarding the submittal of land use data to the MPO. As the City has identified redevelopment areas, the analysis should examine the potential opportunities for redevelopment on the transportation system and the impact of redevelopment on the transportation system. Potential Long Term Guidelines 1) The following analysis requirements are dependent upon the Dade County MPO completing the long range transportation plan model update. • An analysis of the availability of transportation facilities and services to serve existing land uses. [9J-5.019(3)(b), F.A.C.] • An analysis of the availability of transportation system to evacuate the coastal population ►3 prior to an impending natural disaster. [9J-5.019(3)(c), F.A.C.] • An analysis of the growth trends and travel patterns and interactions between land use and transportation, and the compatibility between the future land use and transportation elements. [9J-5.019(3)(d), F.A.C.] • An analysis of the projected transportation system level of service and system needs based upon the future land use categories, including their intensities or densities, and the projected integrated transportation system. [9J-5.019(3)(f), F.A.C.] • The analysis shall consider the projects planned for in FDOT's work program, the long range transportation plan and traffic improvement program(TIP) of the Dade County MPO, and the Metro Dade Transit Authority. [9J-5.019(3)(g), F.A.C.] • The analysis shall demonstrate how the City will maintain its adopted level of service standard for roads and transit facilities. [9J-5.019(3)(h), F.A.C.] • The analysis shall address internal consistency of the plan, especially its provisions addressing transportation, land use, and the availability of facilities. [9J-5.019(3)(i), F.A.C.] • An analysis which identifies land uses and transportation management programs necessary to promote and support public transportation systems in designated public transportation corridors.[9J- 5.019(3)0), F.A.C.] Upon completing these analyses, the City will have to include the required goals, objectives, and policies pursuant to 9J- 5.019(4). The Department recommends that the City submit the goals, objectives, and policies upon the completion of the data and analysis as discussed in the short term and long term analysis. PI /3 Addmwh. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: L. Dennis Whitt Date: October 16, 1997 City Manager ,v From: Bill Mackey, AICP �1 Re: DCA's Notice of Intent Director of Planning & Zoning DCA's NOTICE OF INTENT Please find attached correspondence from the Florida Department of Community Affairs (I)CA), regarding the EAR -based amendments adopted on August 19, 1997. DCA has chosen to make a finding of Not In Compliance for some of the proposed changes in the EAR -based amendments. DCA's finding is based on the following three issues. The first issue is the analyses and data in the Transportation Element (this element is a new requirement by the State and, consequently, at the present time, few communities have been found to be in compliance on this issue) The second issue is related to the State's desire for thresholds to require construction of retail, office and residential uses on every parcel in the proposed Mixed -Use Commercial/Residei tial areas. The third issue is related to insertion of a completion date in the Housing Element, which could potentially require the financing and construction of new, affordable housing units by the City. Per my conversations with the South Florida Regional Planning Council staff on this mater, it is advisable that the City request that the 'issues . set forth in the Notice be considered separately as follows: (1) the Transportation Element and (2) the Mixed -Use and Housing Element issues. It is unlikely that a quick solution can be attained for the Transportation Element issue, as few communities in Florida have been successful in satisfying DCA regarding this issue. SFRPC staff has been extremely helpful and will continue to work with both the City and DCA. At this point in the process, SFRPC staff advises that it may be timely for the City Attorney to contact counsel at DCA, as this issue is now a legal matter, due to the Notice of Intent finding. Please be aware that this will delay the adoption of any zoning regulations related to these issues. Thank you. c: Earl G. Gallop, City Attorney Ronetta Taylor, CMC, City Clerk Carolyn Dekle, Executive Director, SFRPC C3TS, Transportation Element consultants c:t ...\ EAR -Amends DCA- ,'0A- mem.doc 11 STATE OF FLORIDA �+ DEPARTMENT OF COMMUNITY AFFAIRS LAWTON CHILES I "Helping Floridians create safe, vibrant, sustainable communities" Governor JAMES F. MURLEY Secretary The Honorable Anna Price, Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Price: October 7, 1997 ! `' OCT j 4 1997 Pi The Department has reviewed the City of South Miami Comprehensive Plan Amendment 97 -1ER, as adopted by Ordinance No. 20 -90 -1641 on August 19, 1997 and determined that it does not meet the requirements of Chapter 163, Part II, Florida Statutes, for compliance. The Department is issuing a Statement of Intent and Notice of Intent to find the Comprehensive Plan Amendment 97 -1ER Not In Compliance for Ordinance No. 20 -90 -1641. The Notice of Intent has been sent to the Miami Herald for publication on October lb, 1997. This finding of Not In Compliance is based upon text changes to the Future Land Use Element, Transportation Element, and Housing Element. Please see the enclosed Statement of Intent for a more detailed analysis regarding the Department's concerns. I would like to emphasize that my staff and I are available to assist you or your designee for the purpose of negotiating an agreement that will bring the amendment into compliance. Please note that a copy of the adopted City of South Miami Comprehensive Plan Amendment, the Statement of Intent and Notice of Intent to find the Comprehensive Plan Amendment Not in Compliance must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the South Miami City Hall, 6130 Sunset Drive, South Miami, FL 33143. r� Cj 17, By law, the Department must forward the Notice of Intent and Statement Intent of to the Division of Administrative Hearings of the Florida Department of Management Services for scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. Another letter will be sent to you that includes additional inforination about the FLORIDA KEYS I Area o(Critial State Concern administrative hearing process and compliance agreements. Again, however, I would like field Office to emphasize the Department's interest in resolving this issue through the remedial v96overseas Highway, 5uaez12 Marathon, amendment process. Florida 33osai227 GREEN SWAMP Area of Critical State Concem Field Office 155 East Summedin Bartow, Florida 338304641 SOUTH FLORIDA RECOVERY OFFICE P.O. Box 4021 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 8600 N.W. 36th Street Phone: 904.488.8466/Suncom 278.8466 FAX: 904.921.0781 /Suncom 291.0781 Miami, Florida 331594022 Internet address: http:// www.state.fl.us /comaff /dca.htmi r� Cj 17, The Honorable Anna Price October 7, 1997 Page Two If you have any questions, or are interested in discussing the mediation process, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager, at (850) 487 - 4545. Sincerely, j 464"a IZA -(Charles G. Pattison, Director Division of Resource Planning and Management CGP /pd Enclosures: Notice of Intent Statement of Intent cc: Bill Mackey, City of South Miami Carolyn Dekle, Executive Director, South Florida Regional Planning Council /I STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS a NOTICE OF INTENT TO FIND THE CITY OF SOUTH MIAMI w PLAN AMENDMENTS ADOPTED BY ORDINANCE NO. 20-90-1641 ON AUGUST 19, 1997 1 f q IN COMPLIANCE EXCEPT FOR THE TRANSPORTATION ELEMENT, THE MIXED USE - COMMERCIAL/RESIDENTIAL (FOUR STORY) DESIGNATION WITHIN THE FUTURE LANDS A USE ELEMENT, HOUSING OBJECTIVE 1.3, AND FLUM AMENDMENT NOS. 1,2,5 AND 6 ' ADOPTED PURSUANT TO ORDINANCE NO. 20-90-1641 NOT IN COMPLIANCE DOCKET NO.97- 1ER -NOI- 1323- (A)- (I)(N) The Department gives notice of its intent to find the City of South Miami plan amendments adopted by Ordinance No. 20 -90 -1641 on August 19, 1997 IN COMPLIANCE except for the Transportation Element, The Mixed Use Commercial/Residential (Four Story) Designation within the Future Land Use Element, Housing Objective 1.3, and FLUM Amendment Nos. 1,2,5 and 6 adopted pursuant to Ordinance No. 20.90 -1641 on August 19, 1997 NOT IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of South Miami Comprehensive Plan Amendments, the Department's Objections, Recommendations, and Comments Report (if any), and the Department's Statement of Intent to find the Comprehensive Plan Amendment(s) Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an= administrative hearing to challenge the proposed agency determination that the above referenced amendments to the City of South Miami Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty -one (21) days after publication of this notice; a copy must be mailed or delivered to the local government and must include all of the information and contents described in Rule 9J- 11.012(7), F.A.C. The petition must be filed''with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F. S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. This Notice of Intent and the Statement of Intent for those amendment(s) found Not In Compliance will be forwarded by petition to the Division of Administrative Hearings (DOAH) of the Department of Management Services for the scheduling of an Administrative Hearing pursuant to Section 120.57, F.S. The purpose of the administrative hearing,will be to present evidence and testimony on the noncompliance issues alleged by the Department in its Objections, Recommendations, and Comments Report and Statement of Intent in order to secure a - - - -- "`� " " -'" " " " "— • " - - - -- recommended order for forwarding to the Administration Commission. - Affected persons may petition to intervene in either proceeding referenced above. A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the information' and contents described in Rule 60Q- 2.010, F.A.C. No new issues may be alleged as a reason to find a plan amendment not in compliance in a petition to intervene filed more than twenty one (21) days after publication of this notice unless the petitioner establishes good cause for not alleging such new issues within the twenty one (21) day time period. The petition for intervention shall be filed at DOAH, 1230 Apalachee Parkway, Tallahassee,', Florida 32399 -1550, and a copy mailed or delivered to the local government and the Department. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing pursuant to Section 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. Charles G. Pattison, Director Department of Community Affairs Division of Resource Planning and Management 2555 Shuniard Oak Boulevard Tallahassee, Florida 32399 -2100 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: SOUTH MIAMI) COMPREHENSIVE PLAN) AMENDMENT ADOPTED BY) DOCKET NO.97- lER -NOI- 1323- (A)- (I)(N) ORDINANCE NO. 20- 90- 1641) ON AUGUST 19, 1997) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENT NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to find the City of South Miami Comprehensive Plan Amendment 97 -1ER, adopted by Ordinance No. 20 -90 -1641 on August 19, 1997 Not In Compliance. The Department finds that the plan amendment is not "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes (F.S.), because it is not consistent with Chapter 163, Part II, F.S., the State Comprehensive Plan, the South Florida Comprehensive Regional Policy Plan, and Chapter 9J -5, Florida Administrative Code (F.A.C.), for the following reasons: I. AMENDMENT TO THE TRANSPORTATION ELEMENT A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1) The amendment is inconsistent because the amendment did not include an adequate analysis of the projected intermodal deficiencies and needs such as terminals, connections, high occupancy vehicle lanes, park- and -ride lots and other facilities. The City's reply was not responsive to the ORC objection or the rule requirement. Describing the City's proposed shuttle 1 system is not an analysis of projected intermodal deficiencies and needs. Without providing an analysis of the intermodal deficiencies, the City cannot adequately address the needs component of the analysis. [Section 163.3177(6)G)5., F.S.; Rule 9J- 5.005(2)(a); Rule 9J- 5.019(3)(e), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. The assessment must look at areas related to ridership and modal split in order to determine if there are any deficiencies with the intermodal facilities. This information should be available through the Metro -Dade County Transit Authority or Dade County. The City must conduct an analysis of intermodal deficiencies and a needs assessment and consider appropriate policies, programs, and activities to correct identified problems. 2) The amendment is inconsistent because the City did not provide an adequate analysis of the projected transportation system levels of service and system needs based upon the land use categories, including their densities or intensities of use as shown on the Future Land Use Map (FLUM), and the projected integrated transportation system. The analysis did not demonstrate integration and coordination among the various modes of transportation and did not address the need for new facilities and expansions of alternative transportation modes to provide a safe and efficient transportation network and enhance mobility. [Chapter 163.3177(6)0)8., F.S.; Rule 9J- 5.005(2)(a) and (5)(a); and Rule 9J- 5.019(3)(f), F.A.C.]. B. Recommended remedial actions. This inconsistency may be remedied by taking the following actions: 2 13 2. The City should analyze the FLUM densities, intensities and mixed use patterns against the thresholds required to support transit. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source which has analyzed densities and intensities which support transit. One such document is the Dade County MPO document "Transit/Land Use Relationship Report." Where incompatible uses occur, an analysis should be conducted that assesses FLUM alternatives that would be compatible. This analysis should be completed prior to the Dade County MPO Long Range Transportation Plan Model Update so that alternative land uses can be submitted to the MPO. The City should also create a policy whereby it commits to completing this analysis upon completion of the Dade County Metropolitan Planning Organization (DCMPO) Long Range Transportation Plan Model update. The City should coordinate with Dade County regarding the submittal of land use data to the MPO. The Department notes that the City has added Transportation Element Policy 1.6.4 which states that the City will continue to update the City's Plan as specific information becomes available from the MPO, Dade County, and the State of Florida. While the Department believes that the general intent of this policy is moving in the right direction, the language is vague and should be revised whereby the City will submit this analysis by a date certain subsequent to the MPO update. 3) The amendment is inconsistent because the amendment does not adequately analyze the compatibility of the transportation system needs with the Florida Department of Transportation (FDOT) Adopted Work Program, long range transportation plan and plans of the Dade County MPO, and the compatibility with the policies and guidelines of these plans. The response is inadequate because it does not demonstrate whether the City's system needs are 3 1*4 consistent with the FDOT Adopted Work Program and the long range transportation plan and plans of the Dade County MPO. [Section 163.3177(6)0)5.; Rule 9J- 5.005(2)(a); and Rule 9J- 5.019(3)(g), F.A.C.] B. Recommended remedial actions. These inconsistencies may remedied by taking the following actions: 3. Provide an analysis which demonstrates whether the City's system needs are consistent with the MOT Adopted Work Program and the long range transportation plan and plans of the MPO. Furthermore, the Dade County MPO is now in the process of updating their five -year work plan, and the Department is working with the MPO, FDOT- District 6, and Dade County on ensuring coordinated transportation planning as part of the development of the County Transportation Element. The Department recommends that the City participate in this process. 4) The amendment is inconsistent because the analysis does not explicitly address and document internal consistency of the plan, especially its provisions addressing transportation, land use, and availability of facilities and services. While the City's response speaks in general terms of how the transportation element is consistent with other growth management goals of the comprehensive plan, it does not explicitly explain how the policies and programs of the transportation element support and further objectives and policies of other comprehensive plan components. [Section 163.3177(6)0)5, F.S.; Rule 9J- 5.005(2)(a); and Rule 9J- 5.019(3)(i), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 4. The City's analysis must explicitly explain how the policies and programs of the 4 11 transportation element support and further objectives and policies of other comprehensive plan components. The City's analysis should examine internal consistency such as, but not limited to, whether the FLUM supports the transportation system, whether particular capital improvements are needed, and whether the transportation system supports inf ll development. 5) The amendment is inconsistent because the City did not adequately analyze the growth trends and travel patterns and interactions between land uses and transportation, and the compatibility between the future land use and transportation element. The City has provided a general description of how growth and the transportation system interact based upon general observations. This overview, however, does not satisfy the analysis requirements of the rule, nor would it support specific recommendations for policies and programs to ensure greater compatibility between the transportation and future land use elements. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(2)(a); and Rule 9J- 5.019(3)(d), F.A.C.] B) Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 5. As stated in Item No. 2, the City should analyze the FLUM densities, intensities and mixed use patterns against the thresholds required to support transit. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source which has analyzed densities and intensities which support transit. This analysis should be completed prior to the Dade County MPO Long Range Transportation Plan Model Update so that alternative land uses can be submitted to the MPO. Upon completion of the Dade County MPO Long Range Transportation Plan Model update, the City must analyze the compatibility E 11 between the future land use and transportation element. The City should utilize the Dade County MPO update to project future roadway capacities and mass transit ridership and utilize the Plan to project where growth will occur. The City could then determine the effects of growth on the transportation system and vice versa. As recommended in Item No. 2, the City should add a policy whereby the City will submit this analysis by a date certain subsequent to the MPO update. 6) The amendment is inconsistent because the City did not adequately analyze how the City will maintain its adopted level of service standard for roads and transit facilities. The analysis does not show projected traffic and transit levels over the next five years and identify where LOS standards are expected to be exceeded. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(2)(a) and Rule 9J- 5.019(3)(h), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 6. Provide an analysis which shows projected traffic and transit levels over the next five years and identify where LOS standards are expected to be exceeded. The analysis should also include other methods of maintaining LOS standards such as, but not limited to, Capital Improvement Element improvements to prevent LOS failures, changes in land use, or making the transportation system more efficient. 7) The amendment is inconsistent because the following objective and policies were not included in the plan: Rule 9J- 5.019(4)(b)4. Address the provision of efficient public transit services based on existing and proposed generators /attractors, safe and convenient public transit terminals, land uses, and accommodation of the special needs of the transportation disadvantaged; M 13 Rule 9J- 5.019(4)(c)3. establish parking strategies to promote transportation goalslobj ectives; Rule 9J- 5.019(4)(c)7. establish TSM strategies to improve system efficiency and enhance safety; Rule 9J -5.019 (4)(c)9. establish land use and site and building design guidelines for development in exclusive public transit corridors to assure the accessibility of new development to public transit; Rule 9J- 5.019(4)(c)10. establish numerical indicators against which the achievement of mobility goals of the community can be measured, such as modal split, annual transit trips per capita, automobile occupancy rates; Rule 9J- 5.019(4)(c)11. establishment of strategies, agreements and other mechanism, with applicable local governments and regional and state agencies that demonstrate the areawide coordination necessary to implement the transportation, land use, parking, and other provisions of the transportation element. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 7. Include the objective and policies identified above. The objective and policies must be based on appropriate analyses as discussed in preceding sections of the Statement of Intent. 8) The amendment is inconsistent because Transportation Element Objective 1.2, which seeks to achieve coordination of the Future Land Use Plan and the Transportation Element, does not insure that future land use, population densities, housing and employment patterns are compatible with the area's transportation modes and services. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(5)(a); and Rule 9J- 5.019(4)(b)2., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 7 l3 8. The City should analyze the FLUM densities, intensities and mixed use patterns against the thresholds required to support transit. Where incompatible uses occur, an analysis should be conducted that assesses FLUM alternatives that would be compatible. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source which has analyzed densities and intensities which support transit. This analysis should be completed prior to the Dade County MPO Long Range Transportation Plan Model Update so that alternative land uses can be submitted to the MPO. As recommended in Item No. 2, the City should add a policy whereby the City will revise this objective and add policies, if necessary, by a date certain subsequent to the Dade County MPO update. The objectives and policies must be based on appropriate analyses as discussed in preceding sections of the Statement of Intent. 9) The amendment is inconsistent because Transportation Element Policy 1.1.1, which establishes the roadway level of service standard, did not include specific reference to the LOSS for transit facilities. Furthermore, the City did not adopt the LOSS established by FDOT for facilities on the FIHS. [Section 163.3177(6)0)1., F.S., and Rule 9J- 5.019(4)(c)l., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 9. Revise the amendment to include the LOSS for mass transit and adopt FDOT's LOS standard for facilities on the FIHS in the City. 10) The amendment is inconsistent because the City adopted a Transportation Concurrency Exception Area (TCEA) but did not adequately address the provision to establish policies which specify programs to address transportation needs of the TCEA. [Section C 13 163.3180(5)(b) and (c), F.S., and Rule 9J- 5.0055(6)(c), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 10. The Department believes that if the City adds the objective and policies as identified in Item No. 7 as well as establishing objectives and policies based upon the additional analysis requirements as discussed in preceding sections of the Statement of Intent, the transportation needs of the TCEA will be met. 11) The amendment is inconsistent because the Future Transportation Map did not include parking facilities that are required to achieve mobility goals; TCEA; and intermodal terminals and access to such facilities. [Section 163.3177(6)0)1., 2., and 3., F.S.; Rule 9J- 5.005(5)(b); and Rule 9J- 5.019(5)(a)l.e.; (5)(a)4; and (5)(a)9., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied 1 >y taking the following actions: 11. Include these items on the Future Transportation Map. II. AMENDMENT TO THE FUTURE LAND USE ELEMENT A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1) The amendment is inconsistent because it includes a new mixed use FLUM category, Mixed Use Commercial/Residential (Four Story), but does not include a minimum and maximum range percentage of land use distribution among the mix of uses, and the density for residential uses. While the City has established a Floor Area Ratio (F.A.R.) appropriate for non- OJ 13 residential uses, a F.A.R. cannot adequately measure residential densities because dwelling units vary in size which makes it difficult to determine the number of units that could be allowed. [Section 163.3177(6)(a), F.S., and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. The Mixed Use Commercial/Residential (Four Story) category must be revised to include the minimum and maximum range percentage of land use distribution among the mix of uses and include a residential density based on dwelling units-per acre. III. FUTURE LAND USE MAP AMENDMENTS A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The City has adopted 4 FLUM amendments which involve converting land uses to the Mixed Use Commercial/Residential (4 Story) category. As the Department has determined that the Mixed Use Commercial/Residential (4 Story) category is not in compliance, these 4 FLUM amendments are also not in compliance because of the problems associated with the land use category. Listed below are the subject amendments. [Section 163.3177(6)(a), F.S.; Rule 9J- 5.005(5)(a); and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.] Amendment Total Acreage Existing Designation Proposed Designation Amendment No.1- 2.41 Single- Family Res, Mixed Use Madison Square Neighborhood Retail (2 Commercial/Residential Story) 10 130 Amendment No.2- 14.21 Commercial Office Use, Mixed Use Charrette Too Commercial Retail, Commercial/Residential Public Institutional, Single Family Res, and Vacant Amendment No.5- 1.46 Low Intensity Office (2 Mixed Use Community Center Story) Commercial/Residential Amendment No.6- 40.6 Specialty Retail/Res (4 Mixed Use Hometown District Story), Neighborhood Commercial/Residential Retail (2 Story), Residential Office (2 Story), and Medium Density Multiple (4 Story) B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: I . Upon revising the Mixed Use Commercial/Residential (Four Story) category pursuant to the recommendation contained in Amendment to the Future Land Use Element Recommendation No. 1, these FLUM amendments will be found in compliance. IV. AMENDMENT TO THE HOUSING ELEMENT A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1) The amendment is inconsistent because Housing Objective 1.3, which states that the City will create and maintain affordable housing for all current and anticipated future resident of the City, especially providing for households of very -low income, low- income, and moderate- income, is not measurable because it lacks a target by which the identified deficits in affordable housing will be reduced. The associated policies, while establishing programs which could result in the construction of affordable housing, do not establish the target by which the City will /3 reduce the deficit shown by the Shimberg Study. [Section 163.3177(6)(f)l.d., F.S., and Rule 9J- 5.010(3)(b)3., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise Housing Objective 1.3 to include a measurable target such as, but not limited to, number of affordable housing units to be built yearly. V. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The comprehensive plan amendment is inconsistent with the State Comprehensive Plan goals and policies, including the following provisions (Rules 9J- 5.021, F.A.C.): a) Goal 5, Housing and Policy 3 b) Goal 16, Land Use and Policies 1 and 3 d) Goal 18, Public Facilities and Policies 1, 7 e) Goal 20, Transportation and Policies 2, 3, 9, 10, 13, and 15 B. Recommended remedial action. These inconsistencies may be remedied by taking the following action: 1. Revise the plan amendment.as described above in Section I.B. through V.B. VI. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SOUTH FLORIDA A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 12 /3 1. The comprehensive plan amendment is inconsistent with the Strategic Regional Policy Plan for South Florida Plan goals and policies, including the following provisions (Rule 9J- 5.021, F.A.C.): a) Goal 2. 1, Land Use and Public Facilities and Policies 2.1.1, 2.3.6, 2.3.7, 2.3.8, 2.3.14, 2.3.18, and 2.3.21 ; b)Goal 4. 1, Economic Development and Policies 4.1.5, 4.1.10, 4.1.11, 4.1.12, and 4.1.16 d) Goal 5. 1, Regional Transportation and Policies 5.1.1, 5.1.3, 5.1.5, 5.1.6, 5.1.8, 5.1.10, 5.1.11, 5.1.14, 5.1.15, 5,1.27, e) Goal 6. 1, Affordable Housing and Policies 6. 1.1 and 6.1.2 B. Recommended remedial action. These inconsistencies may be remedied by taking the following action: 1. Revise the plan amendment as described above in Sections I.B. through "V .B. 13 /3 CONCLUSIONS 1. The plan amendment is not consistent with the Strategic Regional Policy Plan for South Florida. 2. The plan amendment is not consistent with the State Comprehensive Plan. 3. The plan amendment is not consistent with Chapter 9J -5, Florida Administrative Code. 4. The plan amendment is not consistent with the requirements of Section 163.3177, Florida Statutes. 5. The plan amendment is not "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes. 6. In order to bring the plan amendment into compliance, the City may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this q.M day of , 1997, at Tallahassee, Florida. , - - V--� � �1 les G. Pattison, Director Division of Resource Planning and Management Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 14 /3 SUMMARY TO DATE 0 On November 21, 1995, the City Commission adopted the 1995 EAR which was found to be sufficient by the Department of Community Affairs. 0 On January 7, 1997, the City Commission voted to adopt 2nd of two EAR -based amendment packages for transmittal to DCA (1 st was TODD and RID). 0 On April 9, 1997, the DCA completed its review of the amendment package and issued an ORC Report (Objections, Recommendations and Comments). 0 On August 19, 1997, the City Commission voted to adopt a revised second amendment package which included specific responses to DCA's ORC Report. 0 On October 7, 1997, DCA issued a Notice of Intent where DCA made a finding of Not In Compliance for portions of the proposed amendment package. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: February 10, 1998 FROM: Diana Moms, City Manager RE: Agenda Item #—t Comm. Meeting February 17, 1998 Workshops for Sister Cities Program The attached resolution authorizes the City Manager to enter a contract with Bristol Marketing Strategies to provide a series of three workshops regarding the possibility of the City of South Miami participating in a Sister Cities program, and to disburse an amount not to exceed $1,000 to Bristol Marketing Strategies for this service. This disbursement will be charged to account 01 -21 -00 -9920, "General Contingency." This resolution is placed on the agenda at the request of the Commission at a Public Workshop on February 3, 1998. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SISTER CITIES, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH BRISTOL MARKETING STRATEGIES, TO PROVIDE -A SERIES OF WORKSHOPS DIRECTED TOWARD CONSIDERATION OF PARTICIPATING IN A SISTER CITIES PROGRAM, AND AUTHORIZING DISBURSEMENT BRISTOL MARKETING STRATEGIES IN AN AMOUNT NOT TO EXCEED $1,000 TO BE PAID FROM ACCOUNT # 01- 21 -00- 9920, "GENERAL CONTINGENCY. WHEREAS, the City of South Miami is interested in exploring the possibility of forming an alliance with a city in another country as a "Sister City," and WHEREAS, an informal workshop was held to discuss the merits of participating in a "sister city" arrangement with another city; and WHEREAS, the Mayor and Commission directed the interim City Manager to contract with Bristol Marketing Strategies to provide the community with an opportunity to participate in a series of three workshops NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized enter a contract with Bristol Marketing Strategies to provide three workshops, and to disburse an amount not to exceed $1,000 from account # 01- 21 -00- 9920. Section 4. 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 , 1998. APPROVED: iq F r —vi y i .+,* 1. ww gy 3'F 1 �' S E x�jd 'iFD ? k+4 3 � t ,s, Proposal. T. y ; " f Strategic Planning for the City of South Miami Sister Cities Program_ ,Rrx The situation: The City-of South Miami wants to exptore whether to implement a Sister. Cities: y Program. To do this; the City must understand the difference between strategy and tactics when making major decisions. It must examine both the desirability of the program and its feasibility. 3 and, if it decides to proceed, it needs to apply all of this knowledge to developing a strategic and - KiVtLCal plan. �- ..: ,X1?, z a, �,�s - �x� t x Ra rt�r 5 °`` VN�`r^ ,1 The plan: To facilitate the decision making and planning processes, Ellen Bristol, President of Bristol Marketing Strategies, and Rebecca Staton - Reinstein, President of Advantage Leaders hip, will conduct workshops for the Mayor and Commissioners and other appropriate personnel Workshop 1- Strategy and Tactics: This session will focus onthe elements of strategy and LL tactics that are important in decision making by reviewing the current formal and informal "goals" of the City. Then we will examine how a program such as Sister Cities might fit within that framework and decide on goals which such a program might facilitate. Workshop 2 -- Benefits, Feasibility and Decision Making: The second session will focus specifically on making a decision about whether to pursue such a program. There are general benefits described in the Sister Cities' mission and chartei which provide a basic framework for understanding the benefits. If the project seems desirable then the City will examine implementation information about the resources which will be needed based on actual experience. Examining benefits and feasibility will help the group reach a decision Workshop 3 — Strategic and Tactical Planning: If the City decides that the Sister Cities program is desirable and feasible, we will facilitate a third session to develop the strategic and tactical plan that will drive the implementation. We will aid the group in setting concrete objectives which will demonstrate the program's success. Defining goals, strategies and objectives will make it possible to develop a detailed tactical plan with activities, due dates and responsible individuals. Logistics and Fees: Each of the first two sessions will last 1 Y2 hours and take place about one week apart. The total cost for the two sessions is $600. If the City decides to implement Sister , Cities, the planning session will be scheduled as quickly as possible and last 3 hours. The Will be $400 (discounted since it is an extension of the first two sessions.) 2it The deliverables: At the end of the first session the City will know some of the elements of strategic and tactical planning and understand how Sister Cities fits with its goals. At the end of the second session the City will make a decision about the Sister Cities program based on examining benefits and feasibility. At the end of the planning session the City will have a h W t' level strategic plan for the program and the basic tactical plan which it can develop in finer detail and use as an ongoing management tool to track progress against plan.' CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: February 17, 1998 a4�A_-' FROM: Diana Morris RE: Agenda Item # Ir Interim City Manager Commission Meeting, February 17, 1998 AUTHORIZING HI -TECH ENVIRONMENTAL CONSULTANTS INC. TO CONDUCT A CONTAMINATION ASSESSMENT AT THE PUBLIC WORKS YARD The attached resolution seeks approval to authorize Hi -Tech Environmental Consultants, Inc., to conduct a soil and groundwater contamination assessment program at the at the City of South Miami Public Works facility at 4795 SW 75t` Avenue. BACKGROUND In February of 1994, underground fuel tanks were removed from the Public Works yard. The subsequent investigation suggested that contamination may be present. Consequently, the Dade County Department of Environmental Resources Management (DERM) ordered that further testing to be performed, but no action was taken by the City. A second letter was issued by DERM on October 20, 1997, again ordering that a contamination assessment plan be submitted for review. In response, Public Works prepared and submitted the required assessment plan. The plan was approved on December 18, 1997, and deadlines were established for the completion of the contamination assessment. REQUEST The attached resolution would allow the City Manager to authorize Hi -Tech Environmental Consultants, Inc., to test soil and groundwater samples from the former fuel tank area. All procedures will be performed under the supervision of Public Works staff. Public Works will also prepare the necessary reports for submittal to DERM. Only one (1) bid was received in response to the three (3) Requests for Proposal sent out to consulting firms. The other two firms have indicated that they are not interested in performing this work. Because the City could be subject to civil penalties or other legal action for non- compliance, it is recommended that Hi -Tech Environmental Consultants be selected as the environmental contractor without delay -- progress -must be demonstrated to DERM to avoid enforcement action. The resolution provides for the expenditure of $3,500, an amount higher than the estimated $2,350 for the basic services described in the Request for Proposal. The reason for this is that "change orders" to pay for additional testing ordered by DERM are common in this type of work. It will not be possible to gather bids for such additional work because the "shelf- life" for archived soil/groundwater samples is so short (i.e., re- sampling would have to be performed at a much greater expense). Furthermore, failure to comply with DERM requirements in a timely fashion could expose the City to legal action. Therefore, the attached resolution would allow for the authorization of a limited amount additional analytical testing, if such additional work is ordered by DERM. RECOMMENDATION: Approval. 16 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, s FLORIDA, AUTHORIZING THE CITY MANAGER 6 TO ENTER INTO AN AGREEMENT WITH HI -TECH 7 ENVIRONMENTAL CONSULTANTS INC. TO 8 CONDUCT A CONTAMINATION ASSESSMENT AT 9 THE PUBLIC WORKS YARD, PURSUANT TO DADE 10 COUNTY REQUIREMENTS, AT COST NOT TO 11 EXCEED $3,500 AND CHARGING THE 12 DISBURSEMENT TO "MAINTENANCE AND 13 REPAIR OF GROUNDS AND STRUCTURES" 14 ACCOUNT NO. 1710- 519 -4670. 1s 16 WHEREAS, in February of 1994, evidence of possible contamination was 17 detected during the removal of underground fuel tanks, and; 18 19 WHEREAS, in a letter dated December 189 1997, the Dade County 20 Department of Environmental Resources Management (DERM) approved -a 21 contamination assessment plan prepared by the Public Works Department, and 22 ordered that the contamination assessment activities be conducted, and; 23 24 WHEREAS, Hi -Tech Environmental Consultants, Inc., is the only bidder of 25 the three firms contacted who submitted a bid for this work, and; 26 27 WHEREAS, the City risks civil penalties or other enforcement action if the 28 DERM compliance deadlines at not satisfied. 29 30 31 32 33 34 35 36 37 38 39 40 41 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following quotes were obtained from environmental consulting firms: Hi -Tech Environmental Consultants, Inc Southern Petroleum (PIECO) AB2MT Consultants, Inc. $2,350.00 (contacted, but did not submit a bid) (contacted, but did not submit a bid) iS Section 2. The City Manager is hereby authorized to disburse the sum not to exceed $3,500 to Hi -Tech Environmental Consultants, Inc., upon satisfactory completion of the aforementioned work. Section 3. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 17th day of February, 1998. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY iS METROPOLITAN DADE COUNTY, FLORIDA METROflADE IWO` EIM, Fernando Rodriguez, Director Department of Public Works City of South Miami 4795 S.W. 75 Avenue Miami, Florida 33155 ENVIRONMENTAL RESOURCES MANAGEMENT POLLUTION PREVENTION DIVISION SUITE 800 33 S.W. 2nd AVENUE December 18, 1997 MIAMI, FLORIDA 33130 -1540 (305) 372 -6817 CERTIFIED MAIL NO. Z 428 462 377 RETURN RECEIPT REQUESTED RE: Notice of Required Testing Plan (NORTP) dated November 19, 1997, for the City of South Miami Public Works, facility (UT- 2045 /File #2067) located at, near, or in the vicinity of 4795 S.W. 75 Avenue, South Miami, Miami -Dade County, Florida. Dear Mr. Rodriguez: The Waste Cleanup Section of the Department of Environmental Resources Management (DERM) has reviewed the referenced submittal, received November 19, 1997, and hereby approves it with the following modifications: 1. In accordance with Chapter 62 -770, F.A.C., soil samples must be collected in two (2) foot intervals from the land surface down to just above the saturated zone, and analyzed for EPA Method 602 and 610 organics, and hydrocarbons via the FL -PRO Method. 2. Groundwater samples collected from the proposed monitoring well must be analyzed for EPA Method 601, 602, and-610 organics, total lead, and hydrocarbons via the FL -PRO Method. Be advised that the vertical and horizontal extent of the contaminant plume(s) must be fully delineated. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples must have a current Florida Department of Environmental Protection. (FDEP) approved Comprehensive Quality Assurance Plan (CompQAP). The laboratory analyzing the samples must have a Florida HRS certification and a current FDEP approved CompQAP. If the data submitted exhibits a substantial variance from the DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. This Department must be notified in writing a minimum of ten (10) working days prior to the implementation of the referenced plan. Therefore, within sixty (60) days of receipt of this letter, you are hereby required to submit to this Department for review a Notice of Required Testing Report (NORTR) which must address the above comments. The appropriate review fee of $150 must be included with the submittal. 45 Fernando Rodriguez City of South Miami December 18, 1997 Page 2 of 2 If you have any questions regarding this letter please contact Enda Colleran of the Waste Cleanup Section at (305) 372 -6700. Sincerely, Wilbur Mayorga, P.E., Chief t Waste Cleanup Section ECc \wor& CAP Letters\City of South Miami /S Cite of South Miami 6130 Sunset Drive, South Miami, Florida 33143 January 9, 1998 Mr. Ron Payne Southern Petroleum Systems, Inc. 7305 W. 19th Court Hialeah, Fl. 33014 �,� 9:�� I,. R r- P RE: Request for Proposal DERM- Required Environmental Testing Dear Mr. Payne: The City of South Miami is in need of an environmental consulting firm to undertake a contamination assessment program at our Public Works facility (4795 SW 75`h Avenue). The scope of work is to include all necessary field work and analytical testing to satisfy the project requirements summarized below. However, the preparation of an assessment report for submittal to DERM will be handled by the City of South Miami; your scope of work is to only include the submittal of the analytical data, well completion report, soil coring log, OVA calibration and measurement data, etc. to the City. Attached is a letter from the Dade County Department of Environmental Resources Management (DERM) which approved an assessment plan submitted by the City. The required testing program has further been modified through a verbal agreement with Mr. Kevin Slapp of DERM. The soil samples are to be screened with a FID-OVA, with only the two -foot section from above the groundwater interface sent for laboratory analysis. However, if elevated OVA readings are obtained, each soil core section must be sent for laboratory analysis. This second scenario would be handled as a "change order" item, and must be pre- approved by the City. The proposal from your firm should present a "lump sum" or a "not to exceed" amount for the basic services discussed above. Your proposal should also include an itemized price list for the potential change order items such as analytical testing on the other soil cores, obtaining additional soil cores, additional field time to conduct groundwater re- sampling, etc. The scope of services under the "lump sum" or "not to exceed" amount must also be fully defined (e.g., the number of required "blanks" as specified in your FDEP- approved CompQAP, a locking cap for the monitoring well, etc.) so that your proposal can be evaluated against other bids. \continued ... `City of Pleasant Living K Ron Payne Southern Petroleum Systems, Inc. January 9, 1998 Page 2 Please call me at 663 -6350 if you have any questions. Very truly yours, David K. Goodin Engineering Inspector Attachments: CAP dated 11/19/97 DERM CAP approval letter dated 12/18/97 cc: Fernando J. Rodriguez, Public Works Director (cover letter only) /!!r HIJECH ENVIRONMENTAL CONSULTANTS, INC. 7520 S.W 57th Ave., Suite A South Miami, Florida 33143 Tel.: (305) 665 -0883 Fax: (305) 665 -4285 January 21, 1998 Mr. David K. Goodin Engineering Inspector City of South Miami 6130 Sunset Drive f South Miami, Florida 33143 RE: Proposal for DERM- Required Environmental Testing for the City of South Miami Public Works Facility, (UT- 204512067), located at, near, or in the vicinity of 4795 S. W. 75 Avenue, Miami, Dade County, Florida Dear Mr. Goodin: Subsequent to a review of available site- specific information, with respect to the above referenced location, HI-TECH Environmental Consultants (HI- TECH), is pleased to present the following environmental scope of services related to the above referenced location. NOTICE OF REQUIRED TESTING: On December 18, 1997 the Dade County, Department of Environmental Resources Management (DERM) approved the Notice of Required Testing Plan (NORTP) dated November 19, 1997 submitted by the City of South Miami. Based upon the approval of this plan, M -TECH proposes the following conceptual scope of work through the following tasks. TASK I - LIMITED SOIL SURVEY IN THE AREA OF THE FORMER DISPENSER: One soil boring will be conducted in order to determine whether contamination is present in the area of the former dispenser island. Prior to the installation of the soil boring, the exact location will be agreed upon with the City of South Miami and an underground utility clearance will be conducted. In accordance with Chapter 62 -770, F.A.C., soil samples will be collected in two (2) foot intervals from the land surface to the soil -water table interface. Soil samples will be screened with a Flame Ionization Detector - Organic Vapor Analyzer (FEE)-OVA). The soil sample collected from above the groundwater interface will be subsequently analyzed for EPA Methods 8020, 8100 and FL -PRO. /5"' THE SCOPE OF WORK FOR TASK I INCLUDES: • Underground Utility Clearance • OVA rental charge • Drilling charges • Decontamination charges • Performance of one Soil Boring to the Soil -Water table interface • Sampling Charges • Geologist/Engineer supervision during drilling activities • Geologist/Engineer collection of soil samples • Geologist/Engineer completion of a Soil Boring log • Laboratory charges for: • - (1) EPA Method 8020 • - (1) EPA Method 8100 • - (1) FLO -PRO , TASK H - LIMITED GROUNDWATER SURVEY: In order to determine the environmental condition of the groundwater, as indicated by DERM, one 15 foot 2 inch monitoring well will be conducted. Groundwater will be collected 48 hours after well installation and for analysis by EPA Methods 601, 602, 610, Total Lead and FL -PRO. • Drilling charges - (1) 15 foot 2 -inch monitoring well - (1) manhole and locking cap • Drilling/Decontamination charges • Sampling Charges • Interface Probe rental charge • Geologist/Engineer supervision during drilling activities • Geologist/Engineer collection of groundwater samples • Geologist/Engineer completion of a well log • Laboratory charges for: • - (1) EPA Method 601 • - (2) EPA Method 602 • - (1) EPA Method 610 • - (1) Total Lead • - (1) FLO -PRO COMPENSATION: The above totals are an estimate of the cost to perform the above scope of services. It is our understanding that the City of South Miami will prepare the assessment report for submittal to DERM and that the DERM review fee will also be handled by the City.. HI-TECH estimated that the above "lump sum" scope of services,can be completed at a cost of $2350.00 /S SECOND SCENARIO (CHANGE ORDER OR OUT OF SCOPE ITEMS): If during the course of the investigation, additional services are required the Attached Fee Schedule would apply. No services beyond what is included within this proposal would be charged the City without prior written authorization. If elevated OVA readings at other intervals are obtained, each core section will be additionally analyzed for EPA Methods 8020, 8100 and FL -PRO. In the advent that well cuttings can not be spread on site, a charge would be incurred for a drum and the associated disposal. AUTHORIZATION: All work will be conducted in accordance with HI- TECH's General and Environmental Services Terms and Conditions included with this proposal. HI-TECH feel uniquely qualified to perform the scope of work outlined above at the subject site because of its extensive experience in site assessments in South Florida. Sincerely, Jo Seipp, P.G. esident Enclosures: General Terms and Conditions Environmental Terms and Conditions Proposal Acceptance Sheet 14" P 0U.. i►' -.% -. VN. LY -U %UV V - V . -.. v.. . vv .. -- Qw of South Miami 5130 Sunset Drive, South Miami, Florida 33143 SOl~J'Y'H MIAMI PUBLIC WORKS DEPARTMENT MF.MOR.ANDUM a TO: Ken Scbang. Pres. DATE: February 9, 1998 AB2MT Consultants, Ine, FROM: David YL Go 4 SU CT: Request for Proposal. lrngin spoctor Contanoiaation Assessment Project Number of peg" tncladfug cover..1 Off► Janu4ry 9. 1998, I mailed you a request for a ptx:posal. Due to the deadlim stipulated by the Dade County Deparbra t of 1?nvi:gameatal Resources Maaav mmt (DERM). I trout receive Your pmpo"1 by ro later than 12 noon on Tuesday, February 106, 1998. Any pmpoul subruitted after that time will berejeetod. Accordingly, if you am intcmted in bidding on this project, either deliver your proposal to our offices at 4795 SW 756 Avenue, or fax the proposal to me at 261 -3791. Please call if you have any questions at 563.6350. To: Mr. David Goodin Dear Mr. Goodin: Thank you for the reminder facsimile. I had planned to respond to your "request for proposal ", but unfortunately our work load has prevented us from responding in a more timely manner. 1, hope this will not preclud" from responding to a future "request". Best of luck with vour i roient. 1 RESOLUTION NO. z 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOU'T'H MIAMI. FLORIDA, RELATING TO LITIGATION; 6 APPROVING A SETTLEMENT AGREEMENT AMONG THE CITY, 7 RODNEY MAND.1iLSTAM, WESTWAY LIMITED, AND JOSEP14 C. 8 SHAW AND ALICIA VIRIGINIA SHAW; AUTHORIZING THE CITY 9 MANAGER TO EXECUTE TIJE AGREEMENT' PROVI:DINC AN ;1 o EFFECTIVE DATE. .11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami approved 14 an application for a PUD, commonly referred to as the Shaw Nursery PUD, by Resolution '1s no. 136 -97- 1.0106; and, 16 '17 WHEREAS, Rodney .M.andelstarn filed two actions against the city, styled Zs Mandedstam v, Citygf'&)uth Miami, Case no. 97- 19031 CA 01(Fla, l It Cir. Ct. 1997) and 19 Case no, 97 -304 Al' (Fla., 1, Ith Cir Ct. App. 1997, seeking to enjoin the city from. issuing any 2o building pen -nits for the Shaw Nursery PUD, and seeking review of the PUD approval. 21 22 WHEREAS, Mandelstam's concerns are addressed in a settle)n.ent agrecinent with the 23 city and the developer. A. copy of the draft agreement is annexed and made a Park of this 24 resolution; and, :25 '2 6 WHEREAS, upon approval of a settlement agreement by the city commission the two :27 actions will be dismissed.; and., 28 29 WHEREAS, the Mayor and. City Commission desire to approve the settlement .30 agreement. 31 32 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY .33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 34 35 Section 1. The final settlement agreement, in substantially the same form and 36 content as the draft agreement that is attached to this resolution, is approved. ;37 38 Section 2. The City Manager is authorized, to execute the settlement agreement 3 9 upon direction by the City Attorney after all other parties have executed it, '4Q 41 Section 3. This resolution shall take effect immediately upon approval. L / # 8�c9c99 OC -'d 'd `3JN Wd9c:1 : 96-OT-9 :XS ,LNdS i 2 PASSED AND ADOPTED this 17th day of February, 1998. 3 5 ATTEST: APPROVED: a CITY CLERK MAYOR — 9 Za .1: READ AND APPROVED AS TO FORM: 12 13 49 ,'ITY ATTORNEY 15 16 Mandelstam -Shaw PUT] se:tt'lemcnt res 2 This STIPUL.A,T ;0V OV SITT'LtUR iT (" Sti,pulati on") made and eat cxcd this day cif , 1999 by and among ppPyEY MANDSLSTAM (here i Mai - ^ a meter's; ed to as HUhNPILSTAK " ) , THE CITY OF 909TH MIA=, WESTWAX LI:MITEL f hereinaft or referred to as OVISTWAY°) , and =1PH C. StZ1W and ALICTA V110=k SHXW (t erainafter coll.ectivea'ly re f orrad to as "SHAW"). WITNESSETH WHEREAS, SnAW is the current owner of that certain real property situate in the City. & South Miami, the address of which is _ and which is more commonly known ae the ''Shaw 'Nursery property"; and WM3,xAs, sKNW � ha%% entered ixxt o a contract t o well the Shaw Nursery property tai WESTWAY; and WHEREAS, WEST MAY int.enis to devel.o Qhe Shaw Nursery property into a Planned U.A.it bevelopment consisting of singles- Camil,y hordes; and WHEWMAS, WES'TWKY has secured approval Cor its ?lamed unit Development '' from the CITY OF SOUTH MZAMI, by virtue of Resoluc ,on Number 116 -97- 10106; and WSLRBAS, MA1 zzL9TXH is the r,:urre ntR owner of that certain real property and impre0ments thereon situate its. they City cif South Miami, Che address of which is 012000 Red Road, South Miami, Florida and which is itta o-, commonly known as "They .South Miami Gymnastica School",, and WHEREAS, The sputh Miami Oymaikiss School property adjoins and is contiguous with the ShNw Narzaexy Property; and WKEREAS, NANDS49TAK nas ©jocted to THE CITY OF SOUTE MIAMIKe passing of Rasoluti.oh Number: 136 -97- 10106, and has filed a Petition for Writ of Cerr•tior~a.ri to tlao Made Co=ty Circuit Court (Appellate Vvisian) against THE CITY OF SOUTH MIAMI, challonging Lower Tribunal, Reaolutian 136-97-10106; and "EREAS, XANDXZAISTAN has alac initiated a lawsuit agairat THE CITY OF SOUTH MIAMI M010 10dnsy Mar 010cam v. The Q& Of "th Miami, Caae Nc i 91- 19031 ( ) , in the E1aventh .JudiClal C'rlwiz V and for Dada county, lylorlda, wherein X&NDEL87AME is ae ebkirg :o ealcin Try C :TY OF SOU:U ;V1INJI f cnn granting d any further approvals a.ndl pw iGa 07' r� W!ch are necas81w.�.y :o and ioa: wISTWAI tc. 'proataerd with -r.8 Development of the Saw Nursery pxopert,y, and WRIASAS, W'HBTWAY and BRAN have Intervened in the 1a 5u!t .:off: yl td as Rodney monde2sram; v- the city of Souch Miami, case NO: 97 • 003i Ou Lhes 31k"venth ludifi al V rc,. it in 3d"d !or :lade County, FIc�rian to i- snabie� 1,-he �•onau- 'rratiot: of thi! ��i;�cs:t S��ipL.1tip =_�:1 ��w a:.a to ,confer the Court's +�.'L'•:.''tl w7.er all vftl PearOL:a In role t t r �, aS t�� this Sr ipula't icn and :0 trap and =ndltion r rsaf , and :r i$aa �'iYL�6►� � 1.. ►.�.: � r . tu-4t a and WUREAS, paxt:ies hergatc have had the �)pportuAitry to consult wit 11 and rec -eivfz a t r � a c�`= ccur_sal relat~iag to Cl 4 9 late; suit a- i.he terms and c-nxid tiol -lc Cf C-nim NOw TUREFORS, "ar a10.00 rind such other god and valsj.r ble- cv.us! d(-tra t-zn i;cc;lud,ing the mutual consideration c:ortained '.r. this ac�,z.�3w= edged, tkho part ic- s Agrce to the followizag i . Al or she abo v°e - rec i rals mxe tn,ae and correct and are 17�;t-r_.bti• t�car� ear tied are park: of this Agroomeizt . 2 WzS71 WA 1 Agrees to construct. m 6-four tall pre:t abri.cated ccncr.,et a wall, as mtAaeurcd from the arown of 'Red Road., abutting and zu.�ni.cc al in, p4 y.te no; there proper; .y line cjf the South Mi,attti Gymnasticc Schools property of apArox.i,rnately 290 linear feet, and 4bu.tt:ing and mnn.iaS along the vastern property lins beginning in the northwest corner of the South M i auti Ortitast'ics S.c:hool' s prop-arty running Oc3uth for approximately .30 linear .feat as - depicted tin a =py of the site plan attached he4 eto as R*hibit IIJV _ Said Wall shall be erected an t:he Shaw Nurser :y property's 4ide of the aforatnenbioned property lines. 31 'WEST11AY ac roes to plant a hedge abutt�ng and running 41ong the western property Jane beginning At the sour.hwest comer of the 5c,tth M.i.myrL c3ymaastits School I a pxoperty and running approximatsl.y 245 linear .feel; north alQnq 'r:he property line to the motithe;r:n terminus of 1;;. }.te wall specified I'd .pa.ragraph S. her -eof, as ciapicl ed on a copy of t Ae site p.l.s�j atteohed hereLa as fchibit ■AR . ills hedge shall be flahus i pecia planted on lj: four c:prtters and at least feet h.a.. h ter% planting. said xedge :shall be erected on the Shaw Nur4e y property's side of the aforementicned property lines. 4. WEST14AY �.igree:a to cause the homeowner' a aasoc:iati on, i�xidfcar its successors and ,assigns, LCD bear L:he cout aws+ociated with kst ?pine the wall (bo'1 t sides) in good sr�x'uc;tural, condition. WESTWAY further agrees to cauoe the homeowner's asaoci.a4ion, and /or its successors and assigns, to bear che_ ;:asst associated with ma.intenazce of the hedge- (both rides. , and to' keep r4uch hedge below k.he height of ? feet: - 5. The M;11:Laq; for the construc;t:ioi: of the wall referrenced in parAgrmph 3. hersof shall k)e at tho iixet stage of construction ot: WRSTWA'f' :1 contemp],ated development, such that heavy equipmarnt and machinery. Rya r:c ,: Qn.-oite unt:i.', the wall is erec,t•.ed, except and to the extent necessar7 MO ertbct; tilde wall. 6. The timizig for the planting of the iaodge referenced In paragraph 4� . hereof M--all be prior = the issuance of� 4L c ;err,- tieate of Occ, p�2 Cdr 14"3Lr ti'ie f 1:Y ,� home constructed in the devel(DpmeXlt . 7, W'ESTSiAY agree to exercise t %t)t e!for,rs .a Minimize btlz iaro -%A %nt a:x'upr Cn -90r t. -4e ,9�:Ut" I ir. perform—Leg 1Wk:a :�bligara,�'lis ,��:: fu,• "��1 :�t: �r�= ►Y�car'��a�.� 2. l.k:�'c,�t�crY� Es. 17�L��f. 2 ZN3S 8 . WES" WXY agrees than 1.e :ears and tcY:d_tior. r.�a�s;a: a iza paragraphs 2. thrO1191.1, 7, tlez'eaf s:harl ae in(=p ^rated into and Lec nmL, ,Coitditions.ef a "rninOt Cnango" by Tiii CITY OF SO T-N MIA.MI to L+1 &811k1AY1 Planned tin-it Devtlopnte.nt for the Shaw Nurse:. -;- Pzroperty, waf'e�-r,-erxr•e below in paragraph 10i. hereof . 9. ;SHAW agreer, and conrientks to 1,-hi:: � tVr ;s at�ci cXr.cit�.aa,� contained Vin, paragrapl e 2. through 7. harect . 10 � THE CITY TY OI» SOTY ff MIAMI agrees Chat the terms a2-0 contained it parag� ~aphs 3. throuSh I- hereof shall, icy virtue of th's SLipvtlatior. Band the co' %A- t order of 4ht saaYe, he eacpli,eitiy 1=orporated as and constitute conditions of a „n nor change° to Lhe Planned Uu-it DlavelopmTrat� of Resolution number 136-97-10106, for the Shaw Nurserly Propa ty' and TM CITY OF SOUTH MIAM atiall take such additional action as may ho necessary tc offer t_Ltate eead -implemertt prnvigis�n, . 11. - MANDELSTAM ggreas to voluntazily dismiss the case sty-Led as Redne 1 .V 2 2a C Sh in the Eleventh Judicial Circuit in and for Da.do, CQLnt.y, Florida, _with pre jud,i6o, subject to paragraphs 14 , & IS, hereof, �. MANLIELSTAM kgre ss to wirhdraw his 'PNt".tion for Writ of Gertivraz�i„ try the '1 ode, County Circuit Court (Appellatn Division) against TITE (ITTY Cr 80T.T";7ti MT.AMI, eng.i.r :g t,r>wrr Tribunal Resolution a.36- 97- Z07.476, with prejudice, ubjsot to paragraphs 15,: & 16, hereof, upon THE g1TY OF SCUTF MIAMtr s fuel perform "Mace c:)t the obligations set forth in paragraph 10.: hereof, such that the terzne of pax;agrmphs 2- through *7. hereof have been incorporated as and constitute _ccind..i.t;i.ons of a "m i.p. ychan +a "' to WFSTWAY's Pianned UJriit Tie- 1e,1ayment , 13. M'iMDBLSTAM areas to provide reasonable accizi,se to WESTWAY, its successors and assigns, and the homeowners Is a Esc cidt.iar. to allow them to fulfill their mal latenance obligaticns arising under t+ai-agraph 4. 'hereof The parties agree that the Court /shall retain juri sdic:.rion of this Matter for the: enforcement of t ;he terms; hereof 1.5. The parties agree to request the Court tc tote': an order, after hea'r144 g, approviti;g then terms of this Stipulation �f Sett'ement . The parti.oq, a gree to ralueat the Court' Go 6za,t er• a ze gar atp order rind r Rule 2.075(d) AStantauri of Courc Records of %. a R;ia.ee cif �udj..:ial Administrat..ion, directing the cler3r, cf :he c u: t to rst a n, for period of not lcss that 0 years from the date of the entry of the carder, the entire court file pertaining to hi—o wit.t.er. 16. 'wESTWAY agree to pay up to $ 'r. s...q and eoSts incurred in connection w-th the two iavaut --s in_t~iated by MAKDF,LSTAM Me tic ned hareiiza►bv�re . L /9 # : MW9920e .3 F'V 'd `ADM N890:1 ; 96 -01-� ,LhI�S $XICUTED the ,;. r., day O ROEiN]�Y �UL1�]3�CL$'1'AI� (Printed Name of wii nRsg3 CAROL XA=ZL9TAM ( Printed Naito of W i. cneasl [Printed Name; of witntsal {Printed Name <3f witnessl i rol�w� ■ � II (Printed Name Of WiUle;E -92 (Printed Name of Witnegs7 lPriated Name of wits 7pr nted name of Witnc ? L 1L #!M9999209 F-,v 'd `ADN 4 THE CITY Off' SOUTH MIAMI AY, , NAME , TITLE: WESTWAY LZXlT%D By: NAME: - TITLE -- a0svpH.C. SHAW ALICIA VTRGXNIA SHAH' wclgc : T ! 9G -O T -Z TOTAL, F'. 05 Fi—,.. :AS INdS Alkv, s L 1L #!M9999209 F-,v 'd `ADN 4 THE CITY Off' SOUTH MIAMI AY, , NAME , TITLE: WESTWAY LZXlT%D By: NAME: - TITLE -- a0svpH.C. SHAW ALICIA VTRGXNIA SHAH' wclgc : T ! 9G -O T -Z TOTAL, F'. 05 Fi—,.. :AS INdS A 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND 7 DEVELOPMENT REGULATIONS; PROVIDING FOR REGULATION OF 8 GARAGE SALES; AMENDING SECTION 20 -2.3 OF THE SOUTH MIAMI 9 LAND DEVELOPMENT CODE TO DEFINE "GARAGE SALE," 10 CREATING SECTION 20 -4.10 OF THE LAND DEVELOPMENT CODE 11 TO BE ENTITLED "GARAGE SALE," PROVIDING FOR 12 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, garage sales in the City of South Miami are a source of frequent citizen 17 complaints; and, 18 19 WHEREAS, Section 20- 4.3(I) only regulates garage sale signs by restricting size, 20 location and frequency of use to one sign per residential dwelling unit only in Single Family 21 Residential and Townhouse Districts, for one weekend per year, not to exceed two square 22 feet in area; and, 23 24 WHEREAS, the Mayor and the City Commission find that it is in the public interest 25 to enact regulations relating to garage sales. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. Section 20 -3 of the South Miami Land Development Regulations is 31 amended to define "Garage Sale" to read as follows: 32 33 Garage sale. Shall mean the sale of personal property from a residence 34 in a RS- Single Family Residential District and a RT- Townhouse District The 35 sale of personal property not in excess of five items in number, provided that 36 the items are specifically named or identified an advertisement published in a 37 newspaper of general circulation, or the sale of personal property is pursuant 38 to an order or process of a court, shall not be construed as a jzara2e sale. 39 40 Page 1 of 3 APP. 1 lo? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 2. Section 20 -4.10 of the South Miami Land Development Regulations is created to read: (A) Applicability. Garage sales shall be permitted in a RS- Single Family Residential District and a RT- Townhouse District subject to the following conditions and restrictions: (1) No garage sale shall be conducted until and unless a permit shall have been obtained from the Finance Department of the City of South Miami. Only the owner or lessee of the property upon which the garage sale is being conducted may obtain such permit. (2) Before such permit shall be issued, the applicant shall file with the license division an application containing the following information: (a) Street address or legal description where such sale is to be conducted. (b) Proof of ownership or lease of property. (c) Dates of sale. (d) Hours of sale. (3) Upon verification and compliance with the provisions of this section, and the payment of the proper fee, the Finance Department shall issue a permit the same day which shall designate the location of the `sale and the days upon which the sale shall be conducted. (4) Only personal property owned by the seller and usual to a household may be sold or offered for sale by the owner or lessee of the residence, duplex or apartment as the case may be. (5) Only one sign complying Section 20- 4.3(I) of the Land Development Code (not exceeding two square feet in size) may be displayed on the property where such sale is being conducted. The sign shall not be erected or placed closer than five feet to the front or side property line. (6) A garage sale shall be held only between the hours of 9:00 a.m. to 5:OOp.m. Personal property shall be exhibited or displayed only Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 m� within established setbacks. A sale may be held one time only, no more than for one weekend including Friday, per each calendar year. (B) Enforcement. The garage sale permit shall be prominently displayed from the front of the building from which such sale is conducted. Upon the request of any Code Enforcement Officer of the City of South Miami, the owner or lessee of the property shall exhibit such permit. By making application for a garage sale permit, accepting a permit and conducting a sale, the owner or lessee of the property to whom the permit is granted, authorizes any Code Enforcement Officer of the City of South Miami to enter upon the property for the purpose of determining that the sale is being conducted in accordance with the provisions of this section. Section 3. The provisions of this ordinance which amend the City of South Miami Land Development Code shall be published in the land development code and shall be enforced as a law of the City of South Miami. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 1997. APPROVED: MAYOR Page 3 of 3 /y