Loading...
05-19-98i ......................... .......................... .......................... MAYOR: Julio Robaina INTERIM CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: May 19, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: June 2, 1998 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLORIDA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. "Certificates of Appreciation" ITEMS FOR THE COMMISSION'S CONSIDERATION: 2. Approval of Minutes: Regular City Commission Minutes - April 21, 1998 3. City Manager's Report: 4. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - May 19, 1998 CONSENT AGENDA 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; ESTABLISHING POLICY AND PROCEDURES BY WHICH INTERESTED PERSONS MAY BE APPOINTED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina /Commissioner Feliu) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RATIFYING APPOINTMENTS MADE AT THE APRIL 21ST AND MAY 5TH, 1998 CITY COMMISSION MEETINGS; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; PROVIDING FOR APPOINTMENT OF TERRY A. HUGGINS TO SERVE FOR A TWO YEAR TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; PROVIDING FOR APPOINTMENT OF CHUCK HARTY AND RALPH SMATHERS TO SERVE FOR A TWO YEAR TERM ENDING MAY 19, 2000 OF UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMISSION ON THE STATUS OF WOMEN; PROVIDING FOR APPOINTMENT OF PAMELA WELLER TO SERVE FOR A TWO YEAR TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN; APPOINTING COMMISSIONER MARY SCOTT RUSSELL AS COMMISSION LIAISON; PROVIDING FOR TERM OF OFFICE AND, PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 2 AGENDA — May 19, 1998 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORID, RELATING TO REVIEW COMMITTEE FOR CABLE ACCESS CHANNEL, AMENDING RESOLUTION NO. 82 -96 -9836; PROVIDING FOR APPOINTMENT; TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR A POSITION UPGRADE IN THE PARK & RECREATION DEPARTMENT FOR A RECREATION SUPERVISOR FROM ACCOUNT NUMBER 001 - 2000 - 572.1110 "SALARIES & WAGES - EXECUTIVE." (Administration /Parks & Rec.) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $3,622.83 CHARGING $300.64 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL ESTATE AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500- 3410, CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WORLD OF AWNINGS TO CONSTRUCT AN AWNING ON THE WALL OF THE CITY'S MOTOR POOL FACILITY, AT COST NOT TO EXCEED $3,850.00 AND CHARGING THE DISBURSEMENT TO "MAINTENANCE AN REPAIR OF GROUNDS AND STRUCTURES" ACCOUNT NO. 1710- 519 -4670. (Administration /Public Works) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLATS; AMENDING SECTION 17 -9, OF THE CODE OF ORDINANCES, ENTITLED "PLATS- AGREEMENTS AND BOND WITH CITY RELATING TO STREETS, TERRACES, COURTS, ETC. "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1ST READING - May 5, 1998) (Administration) 3/5 REGULAR CITY COMMISSION 3 AGENDA — May 19, 1998 RESOLUTION (S) PUBLIC HEARING (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWELVE -FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6257 SW 59TH PLACE, SOUTH MIAMI, FLORIDA 33143. (Administration /P &Z) 4/5 RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH MR. GERALD COX, OWNER OF THE PROPERTY AT 5871 SW 67 STREET, SOUTH MIAMI, FLORIDA 33143 FOR $1,000 PER MONTH TO PROVIDE SHELTER AND BATHROOM FACILITIES FOR THE CHILDREN WHO PARTICIPATE IN RECREATION ACTIVITIES LOCATED AT MURRAY PARK; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 114- 2000 - 572 -4400. (Administration /Parks & Rec.) 3/5 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE CO4MI SSION" . PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 4 AGENDA - May 19, 1998 ............ CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager av� DATE: 5/15/98 AGENDA ITEM# Swoop Comm. Mtg. 5/19/98 Policy and Procedure for Board appointments Mayor Robaina and Commissioner Feliu sponsored the attached resolution, which establishes policy and procedures by which interested parties may be appointed to Boards and Committees. 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 53 54 55 56 57 58 59 60 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; ESTABLISHING POLICY AND PROCEDURE BY WHICH INTERESTED PERSONS MAY BE APPOINTED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, to facilitate this process in a uniformly and efficient manner the Mayor and City Commission desires to establish policy and procedure by which interested persons may be appointed. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby establishes policy and procedures as follows: a) persons interested in serving on City of South Miami Boards or Committees can apply by requesting an application from the City Clerk's office. After application has been filled out it can be either mailed or faxed to the Clerk's Office; b) To be eligible to serve on a Board or Committee one must meet the specific Composition criteria of that particular Board or Committee; c) the Mayor shall provide these appointments with appropriate back -up material to the Vice Mayor and City Commission no less than 7 days prior to appointment advising them of his intention to appoint with the Commission's advice and Consent; d) Board or Committee members whose term has expired and are interested in being re- appointed must re- apply; and e) applications will remain on file for only one year. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: rl T7 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name (please print) 2. Home Address 3. Business 4. Business Address 5. Home Phone 6. Educational Background 7. Community Services 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No Signature Date RESUMES WILL REMAIN ON FILE FOR ONE YEAR S CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/15/98 AGENDA ITEM #-41k— Comm. Mtg. 5/19/98 BOARD APPOINTMENT Commissioner Russell sponsored the attached resolution, which ratifies appointments made at the April 21't and May 5th 1998 City Commission meetings. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RATIFYING APPOINTMENTS MADE AT THE APRIL 21ST AND MAY 5TH, 1998 CITY COMMISSION MEETINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees and wish to ratify the following appointments made at the April 213t and May 5th City Commission meetings. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the following appointments are hereby ratified. 1. Richard D. Ward appointed to the Education Committee 2. Lee Perry appointed to the Charter Revision Commission 3. Valtena Gibson Brown appointed to the Charter Revision Commission 4. Charles D. Christie appointed to the Charter Revision Commission 5. Scott Kurtzman appointed to the Historic Preservation Board 6. Rubystine Anderson appointed to the Education Committee Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: nx my CITY OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663 -6340 South Miami, FL 33143 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION e 1. Name 1 G }) PLO b, t j *P, -b (please print) 2. Home Address ,D) Z,5 S ; Z,,/ z Z- 3. Business 4. Business Address 5. Home Phone�� /� 6. Educational Background De-cc,--g- �A Al�i9 7. Community Services 8. Are you a registered voter? Yes y No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes NoL.-� a Signature _ Date % 'T RESUMES WILL RWAIF ON FILE FOR ONE YEAR RECEIVED MAY 0 7 19981 -t- 2 i v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. 2. 3. 4. 5. 6. Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION Name e 2 R, Pe- r' 'R y (please pri t) HomeAddress Business /✓V /,/e Business Address Home Phone 13 05) t� G'7 �`jy Business Phone Educational Background { I7G 11o4ReP— I ?t...P� -,sl,. 7. Commu ity Services C.r-7 0r-)) C oM,-vj L .t'tir- 7 r s t 2 i c-* t fi t( ,Iv-j 50 2 y Conti nit ,. f' 8. Are you a registered voter? Yes V-""' No 9. Are you a resident of the City? Yeses' No 10. Do you have a business in the City? Yes No Signature Lt A . Q Date �z � RESUMES WILL REMAIN ON FILE FOR ONE YEAR 2 .ice �Ujf912 iL�. l2 �3 •t..1/f � u� CITY OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663 -6340 South Miami, FL 33143 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name Vj $?-nc) 3 i 6So n -BOrd t.,� o (please print) 2. HomeAddress 1 "] S (,ti , (0 3. Business N� i G +m, - Ct C� -� C,O Ul n +U i C- A 4. Business Address j b0� S• �`'' �� -Rue. 33U3D 5. Home Phone j I a -7 Bus iness Phone -7 -- G i a 6. Educational Background _ 7. Community Services C'oord,,\, -, ) Ori-}e - f retV,' Gr-q,c,-� - MV,46(; `46q royy�. wi° (� -Tee-4,1 �- fgOQyl iQ6z Sk) 5.`Je G�r� r—• %S}G ✓k� NSC� s^QJPr��7CJ� T✓c?r�P�- 8. Are you a registered voter? Yes >/ No 4 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No ,/ Signature � � _ ,, , ,f ,2� Date 'L1 1,;L 9 q RESUMES WILL REMAIN ON FILE FOR ONE YEAR L� CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name 2. 3. CITY BOARD /COMMITTEE APPLI please prints ),'� HomeAddress (-2 Business CGIi4 -IG�2 ✓r.S�a� Ph (305) 663 -6340 Fax (305) 663 -6348 Y(STI e 4. Business Address 5. Home Phone Business Phone W 7. 8. Are you a registered voter? Yes- No 9. Are you a resident of the City? Yes —z� No 10. Do you have a business in the City? Yes No—V111- o Y / or-- Signature4t. Date��� RESUMES WILL REMAIN ON FILE FOR ONE YEAR 2 v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name _J co k (please print) j 2. HomeAddress� ✓�- /_ 3. Business—) 4. Business Address //�� 5. Home Phone tL' 'S. � Business Phone S 6. E ucational Ba ground 7. Community Services 8. Are you a registered voter? Yes 7L No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No,,V,- Signature Date- 99') ( ASSUMES WILL REIYAIN ON FILE FOR ONE YEAR 2 T7 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name :n 4bL' s� I (please rint) 2. HomeAddress 6""3z) 3. Business 4. Business Address ,/ 5. Home Phone 61'z'z � Business Phone 6. Educational Background 7. c� 8 9. 10. Are you a registered voter? Yes No Are you a resident of the City? Yes L/ No Do you have a business in the City? Yes No L, Signature � - - _ _ Date RESUMES WILL REMAIN ON FILE FOR ONE YEAR 21 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager 'AF DATE: 5/15/98 AGENDA ITEM #A_ Comm. Mtg. 5/19/98 BOARD APPOINTMENT Mayor Robaina sponsored the attached resolution, which appoints Terry A. Huggins to the Planning Board. �bv�111` v Cl2T OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name / �� A , l //Vs (please print) 2. HomeAddress . -� tom) A 6C C 3. Business / 4. Business Address 5. Home Phone ') ()-,j Business Phone 1 6. Educational Background 7. Community Services 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes -'' No 10. Do you ha, e a business in the City? Yes No Sig tore Date RESUMES WILL REMAIN ON FILE FOR ONE YEAR 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; PROVIDING FOR APPOINTMENT OF TERRY A. HUGGINS TO SERVE FOR A TWO YEAR TERM ENDING MAY 191 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Terry A. Huggins to the Planning Board to serve for a two year term ending May 19, 2000 or until a successor is duly appointed and qualified. NOW. THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section is That the City Commission hereby appoint Terry A. Huggins to serve on the Planning Board Section 2. The expiration date of this appointment shall expire May 19, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 9 Cl2T OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663-6340 South Miami, FL 33143 Fax (305) 663-6348 CITY BOARD/COMMITTEE APPLICATION 0 1. Name v A. 0 (please print) 6 6 A 2. HomeAddres-s 3. Business 4. Business Address 5. Home Phone Business Phone 6. Educational Background 7. Community Services''= yr 8. Are you a registered voter? Yes S No 9. Are you a resident of the City? Yes No 10. Do you ha ,ye a business in the City? Yes No 7/, Sig tore Date 14f- JS CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/15/98 AGENDA ITEM 9-1— FROM: Charles D. Scurr Comm. Mtg. 5/19/98 Interim City Manager BOARD APPOINTMENT Mayor Robaina sponsored the attached resolution, which appoints Terry A. Huggins to the Planning Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; PROVIDING FOR APPOINTMENT OF TERRY A. HUGGINS TO SERVE FOR A TWO YEAR TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Terry A. Huggins to the Planning Board to serve for a two year term ending May 19, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoint Terry A. Huggins to serve on the Planning Board Section 2. The expiration date of this appointment shall expire May 19, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: } *> .4m CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/15/98 AGENDA ITEM # 17 Comm. Mtg. 5/19/98 BOARD APPOINTMENT Mayor Robaina sponsored the attached resolution, which appoints Chuck Harty and Ralph Smathers to the Charter Revision Board. CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name k-- i'iQ.Ttgf� V I-Ac rt (please print) 2. HomeAddress s—�9 t `3 , w 3. Business_ )(°'eA -'\f 4. Business Address 5. Home Phone _L L!5j� «Business Phone 6. Educational Background aV\n-, Unw4Tsilw 7. ,F.f FZ Are you a registered voter? Yes_ No Are you a resident of the City? Yes- No 10. Do you have a business in the City? Yes No � Signature Date .� RECEIVED RESUMES WILL REMAIN ON FILE FOR ONE YEAR AY =,i ,-'998 X S�i r CITY OF SOUTH MIAMI 5130 Sunset Drive South Miami, FL 33143 RECEIVED MAY q, 7 1 Ph (305) 663- -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Nance 4q %, e�j- -) fi l I)- ' H E P-, S _ (please print) 2. HomeAddress- - 11I-eo 3 3. Business 4. Business Address S. Home Phone f Business Phone 6, Educational Background 7. Community Services 8. Are you a registered voter? Yes i� No 9. Are you a resident of the City? Yes- No - 10. Do you have a bus,i,ness in the City? Yee_ No Signature k �'1t'�1.'c -^-'r ' flat$ RlsS171rISS i XZZ RENJUX ON FILE POR 04va y AR 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 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; PROVIDING FOR APPOINTMENT OF CHUCK HARTY AND RALPH SMATHERS TO SERVE FOR A TWO YEAR TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Chuck Harty and Ralph Smathers to the Charter Revision Commission to serve for a two year term ending May 19, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints the following individuals to serve on the Charter Revision Commission: a. Chuck Harty; and b. Ralph Smathers Section 2. The expiration date of these appointments shall expire May 19, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ri. COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: S CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/15/98 AGENDA ITEM # q Comm. Mtg. 5/19/98 Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Pamela Weller to the Commission on the Status of Women. This appointment is for a two year term ending May 19, 2000 or until a successor is duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMISSION ON THE STATUS OF WOMEN; PROVIDING FOR APPOINTMENT OF PAMELA WELLER SERVE FOR A TWO YEAR TERM ENDING MAY 19, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Pamela Weller to the Commission on the Status of Women to serve for a two year term ending May 19, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City Commission hereby appoints Pamela Weller to serve on the Commission on the Status of Women. Section 2. The expiration date of this appointment shall expire May 19, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Zi U: P00_ JELLER MARKUT I NG PHONE No. : 3054450019 Pamela Weller :1126 Center Street Miami, Florida 33 133 (305) 444 -5484 Apr. 06 199E 0E:37PM P2 Emvigyment The Shops at Sunset Place, General ttlanager Responsible for overall operation of regional shopping center encompassing all facets of Property Management including Maintenance, Housekeeping, Temporary Tenant noome. Security, Marketing, Public Relations and Community Outreach, Advertising, Tenant Communiceion, Community Service Projects. Budget Preparation and Analysis. Administration and control of property pudget welter mw*ctmg, Inc, President A Specialized Management, Marketing and Public Relations Consult n Company. F4periiso includes; Marketing Analysis, Hands -on Management, Public Relations and Community Outreach, Focus Groups, Special Events and Promotions, Grand Openings, Community Felations and Celebrity Personal Appearances, xvotuing in Comxnon. Inc. vice - !President. Marketing and Operal Responsible for entire operation of home accessory and gift sti merchandising, hiring4mining sales staff, inventory control and teiemaris The Edward'.J. Del arWid Corporation General manager, G7rtler Ridge, Mail Responsible for overall operation of regional shopping center enc Management including Maintenance, Housekeeping. Temporary Tenant Relations and Community Outreach, Advertising, Tenant Community Budget Preparation and Analysis, Administration and control of proper Staff of 74. , ffeW0nal Marketinglrr AVag;M Florida Central & Fast Reg Supervised the overall implementation of Marketing Plans, Commu Relations, Calendar of Events, Budget Analysis and all program actn centers throughout Florida and Georgia. Responsible for hir Director /Assistant Manager at each property. Worked directly with pro marketing. Ma, rke %ire g I]irc c t or. l: � a de L a n d A sa ff Responsible for all aspects of marketing a top ten regional shopping annual Marketing Analysis. Public Relations, annual Budget, Calendar of ongoing tenant relations project: Developed institutional campaigns, tele direct mail campaigns and supervised all advertising projects and media Federates! Deel"a,dMent SA1pVes. BZUI 2205 nhr,aor, Special ev+erlts..F'rblfc Relations and JV_4 ,Tlda lids- naigex Slate of J londa Youth Ae- i13iicas. Assistant AfaMger" Wataaen's Accessaxxes buying, open -to -buy, visual zpassing all facets of Property rome, Security, Marketing, Public ,n, Community ,service Projects. budget in excess of S2.5 million_ Outreach. Advertising, Public of multiple regional shopping and training the Marketing management in all aspects of center. Created and implemented i =vents and Programs including an nsion commercials, merchandising, buys. C:Qrecr ACCOInPUShn1CWS: • Spearheaded a community 'Hurricane Andrew- Recovery/Relief Center at Cutler Ridge Mail and became the community liaison with Metro Dade Police, National ward, FRMA and the South Dade Government Center_ + Cutler Ridge Mail Community-Sponsored Grand Re•Openinq Proj • Responsible for 12 Grand Openings and orand Ra- Openings: • Cioated the original 'Spotligtrt" Merchandising program than won national arsolades. • Created the original Food Court Marketing Program at Dadeland Mall Cmmillirnity Affiliations: Chamber :South, Chairwoman - Elect, 1997 -98 PerrineJCutier Ridge Rotary Club American Fled Cross, Past Board of Director Military Affairs Committee Member Citizens Advisory Council, Metro -made Police Department Perrine/Cutler Ridge Council, Inc., Founding Member CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/15/98 AGENDA ITEM # / 0- FROM: Charles D. Scurr Comm. Mtg. 5/19/98 Interim City Manager Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Commissioner Mary Scott Russell as Commission liaison to the Commission on the Status of Women. This appointment is strictly ex-officio and shall have no voting rights. 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 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN; APPOINTING COMMISSIONER MARY SCOTT RUSSELL AS COMMISSION LIAISON; PROVIDING FOR TERM OF OFFICE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions and commitment made by women to improve the condition of women through community and other service; and WHEREAS, Ordinance No. 7 -97 -1628, adopted by the City Commission established the City of South Miami's Commission on the Status of Women; and WHEREAS, it is the desire of the Mayor and City Commission to appoint Commissioner Mary Scott Russell as Commission liaison to the Commission on the Status of Women until February 5, 2002; and WHEREAS, it is further understood that the Commission liaison is an ex- officio member and shall have no voting rights on this Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Commissioner Mary Scott Russell to serve as Commission liaison to the City of South Miami's Commission on the Status of Women until February 5, 2002. 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 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Bethel: Commissioner Feliu: 1998. /0 .. . . ....... V7 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/15/98 AGENDA ITEM #11— Comm. Mtg. 5/19/98 CABLE REVIEW COMMITTEE Mayor Robaina sponsored the attached resolution, which amends Resolution No. 82-96-9836 and allows for the appointment of a resident to serve on the Cable Review Committee for a two year term. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REVIEW COMMITTEE FOR CABLE ACCESS CHANNEL, AMENDING RESOLUTION NO. 82 -96 -9836; PROVIDING FOR APPOINTMENT; TERM OF OFFICE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Commission recognized it had a responsibility to its citizens that material broadcast on the City's cable channel is of community -wide interest therefore Resolution No. 82 -96 -9836 on April 16, 1996; and WHEREAS, the city Commission desire to amend the composition of the Cable Review Committee to include a resident of the city of South Miami with a term of office for two years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Resolution No. 82 -96 -9836 is hereby amended to provide for the appointment of a resident to serve on the Cable Review Committee for a two year term. 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 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Russell: Commissioner Feliu: , 1998. �r i` RESOLUTION NO. 82 -96 -9836 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACCESS BY GROUPS OR ORGANIZATIONS TO THE CITY OF SOUTH MIAMI'S CABLE CHANNEL FOR BROADCAST OF MATERIAL, CREATING CRITERIA, CREATING A REVIEW COMMITTEE, AND AN APPLICATION. WHEREAS, the City has a responsibility to its citizens that material broadcast on the City's cable channel is of community- _ wide interest; and WHEREAS, in order to fairly and consistently evaluate material presented by groups, individuals, or organizations, criteria must be established by which a determination can be made as to the appropriateness of material for broadcast, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to implement the utilization of the application and criteria attached hereto, and that a review committee shall be created and appointed to ensure that all, material presented on Cable Channel 5, the City's cable access, is of community -wide interest. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED thisl6th day of April , 1996. ATT CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APP ' VED �r MAYOR COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea v CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission FROM Eddie Cox, City Manager DATE: April 11, 1996 qq RE: Agenda Item #l• Commission Meeting April 16, 1996 Cable Channel 5-Access The attached resolution establishes criteria, a review committee, and an application for requests for access to the City of South Miami's cable access channel. I believe it is crucial that we establish such guidelines and procedures to ensure that the material we allow to be aired on our cable channel is of community -wide interest and not of a political or self- serving nature to any person or organization. You have directed me to prepare guidelines, and I am pleased to present the attached resolution, criteria and application for your approval I recommend approval. f f 1� Criteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel s by community groups or organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display. 1) Broadcast material must be City- generated or pre- approved. 2) Presentations for broadcast must be of community -wide interest. 3) Political ads or presentations are prohibited. 4) No person running for political office may appear in material for broadcast. 5) No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost membership. 6) Broadcast material shall not exceed 30 minutes in length. 7) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast can be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. /9 (Return completed application to City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 Date of Application Name of organization Address Name of primary contact for this. project Phone Number(s) App. Rec' d by Initial by City Employee receiving application Video ❑ Character Display ❑ Live Broadcast ❑ Length of planned broadcast Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Review Date Committee Recommendation City Manager Approved Disapproved ��FN�|` ..~~... Charles Scurr City Manager L~' - PATE: May 13, 1998 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR A POSITION UPGRADE IN THE PARKS & RECREATION DEPARTMENT FOR A RECREATION SUPERVISOR FROM ACCOUNT NUMBER 001 - 2000 - 572.1110, "SALARIES &WAGES — EXECUTIVE". WHEREAS, Increased programming and future development at Palmer Park has created a supervisory position at this site; and WHEREAS, The maintenance crew.at Palmer Park leaves at 2:30 p.m. leaving the facility unsupervised; and WHEREAS, To alleviate this situation, the Recreation Supervisor from Murray Park has been transferred to Palmer Park to oversee the activities and usage of facility grounds; and WHEREAS, A promotion of a recreation leader to a recreation supervisor would consist of a pay- grade increase of $1,311.20 over a time of 11 pay periods. ill 111gy lamuffloge-jul Section 1. The City Manager is authorized to release funds of $1,311.20 From account number 001- 2000 - 572.1110 "Salaries & Wages — Executive", to up grade a recreation leader position to recreation supervisor. Section 2. This resolution shall take effect immediately upon approval. 1. 1 • , 0 CITY ATTORNEY Upgraded position 98 day of May, 1998. F-11 14 NJ -.PTO- V, 1-0-53 40 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: May 15, 1998 Agenda Item # '3 From: Charles Scuff Subject: Comm. Mtg. 5/19/98 Interim City Manager Legal Fees This resolution approves payment of fees in the amount of $3,622.83 to Nagin Gallop Figueredo, P.A. $300.64 will be charged to account No. 1500 -3435, Consulting -Real Estate; and the remainder will be charged to account No. 1500 -3400, Consulting - Legal. I recommend your approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $3,622.83 CHARGING $300.64 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL ESTATE AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending April 30, 1998, in the amount of $3,622.83; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $3,622.83, are approved for payment and $300.64 shall be charged to Account No. 1500 -3435, Consulting -Real Estate, and the remainder to Account No. 1500 -3410; Consulting- Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of May, 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY N:\ EGallop\ Csinord- res \attoineyfeeNGFres.5 -7 -98 MAYOR 13 NAGIN GALLOPFIGUEREDO`A Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 May 7, 1998 Mr. Charles D. Scurr, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Scurr: Facsimile: (305) 854 -5351 Enclosed are our statements for professional services rendered and for costs advanced for the period ending April 30, 1998, in the amount of$3,622.83. Please place this statement on the agenda for the next City Commission meeting for approval. I tabulated the amounts due on each individual file as follows: 0022 -001 Retainer Services 1444 Prof 1 Services $ 14 858 75 0022 -002 Real Estate 1445 0022 -003 Lien Foreclosures 1446 0022 -004 DCA v. CSM 1447 0022 -005 Mandelstam v. CSM 1448 Costs 197.97 Retainer 5,549.60 Services> Retainer (9,309.15) Write off - 9,309.15 Total Due 197.97 Profl Services $ 262.50 Disbursements 38.14 Total Due $ 300.64 Profl Services $ 1,617.50 Disbursements 84.79 Total Due $ 1,702.29 Prof I Services $ 35.00 Disbursements 0 Total Due $ 35.00 Prof 1 Services $ 157.50 Disbursements 5.58 Total Due $ 163.08 /3 Charles D. Scurr, City Manager May 7, 1998 Page 2 0022 -007 Anthony v. City of South Miami 0022 -008 Wascura v. CSM 0022 -009 Watson v. CSM 0022 -010 Asher v. CSM 0022 -011 Tooks v. CSM 0022 -012 Pratt v. CSM 0022 -018 Shields Bowden Retainer services 1449 Prof 1 Services $ 0 Disbursements 3.00 Total Due $ 3.00 1450 Prof 1 Services $ 0 Disbursements 69.01 Total Due $ 69.01 1451 Prof 1 Services $ 0 Disbursements 8.32 Total Due $ 8.32 1452 Prof 1 Services $ 0 Disbursements 36.21 Total Due $ 36.21 1453 Prof l Services $ 0 Disbursements 18.25 Total Due $ 18.25 1454 Profl Services $ 0 Disbursements 28.56 Total Due $ 28.56 1455 Prof l Services $ 1,057.50 Disbursements 3.00 Total Due $ 1,060.50 CURRENT TOTAL DUE $ 39622.83 Under the retainer agreement, services are rendered for general municipal matters, as described in article 11, section 7, paragraph A(3) of the charter. Services for extraordinary matters are provided outside the agreement for retainer services. The statement for Matter ID: 0022 -001 gives a detailed description of the legal matters to which time was devoted during the month. The cost of services for the month exceeded retainer payments by $9,309.15. That amount was written off and absorbed by the firma During the month of March 1998, services exceeded payments by $12,685.46. Non - retainer services Charles D. Scurr, City Manager May 7, 1998 Page 3 Regarding real estate matters (Matter ID: 0022 -002), a very small amount of time (1.50 hours) was expended in completing in completing the title search and related work for one of the "crack houses." Regarding foreclosures (0022 -003), 11.45 hours was expended in prosecuting pending lien foreclosure actions. We are pursuing mediation of the city's lien ( >$60,000) on the Davis Gardens developer's properties. We are also seeking to coordinate foreclosures with the county's in -fill program to place properties into productive use. We expect that a similar amount of time will be expended during the month of May. Very small amounts of time were expended in settling the DCA v. CSM (0022 -004) Mandelstam v. CSM (0022 -005) cases. Small amounts of time were expended in May to conclude the matters. Prior costs only were posted to Wascura v. CSM (0022 -008), Watson v. CSM (0022- 009), Asher v. CSM (0022 -010), Tooks v. CSM (0022 -011) and Pratt v. CSM, (0022 -012). Regarding CSM v. Shields Bowden (0022 - 0018), time was expended in evaluating the code enforcement file, inspecting the property and attempting to obtain Mr. Bowden's consent to remove the vehicles. We wrote off some time. We will file the complaint and seek an injunction during immediately after the Code Enforcement Board meeting on May 21. The total litigation budget will be for approximately $1,200 plus costs, for a total of about $1,500. Outside counsel services No costs were invoices were received for outside counsel during the month of April. Outside counsel fees will be incurred during May in connection with the SPG Phase I multi- use parking garage title matter. Do not hesitate to call me if you have any questions regarding these statements. Very trul ours, Earl G. Gallop Cc: Mayor and city cominission /1,12 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FI GUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Ms. Diana Morris Deputy City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 May 5, 1998 Matter ID: 0022 -001 General Municipal Statement No. 1444 Hours Amount 4/1/1998 BSA Investigation concerning use of federal forfeiture funds; conferred 1.00 150.00 with DEA; prepared memorandum to Mr. Oshikoya; conferred with Mr. Gallop; conferred with Mr. Oshikoya 4/2/1998 BSA Follow -up on federal forfeiture funds issue; continue review of Safe 2.00 300.00 Neighborhoods agreement; conferred with Ms. Arias concerning parking garage issue 4/2/1998 EGG Preparing ordinances relating to Habitat for Humanity Scattered 3.00 525.00 Sites Project, city manager citizen search committee, creating an Ombudsman for the police department, repealing an ordinance relating of exempt services, attorney's fees; assembling backup documents; reviewing an Ombudsman proposal; reviewing a proposed resolution accepting a compliance settlement agreement with Department of Community Affairs; telephone conference with Ms. Morris 4/3/1998 BSA Continue review of agreement and administrative rules concerning 3.50 525.00 Safe Neighborhood Parks; prepare memorandum to Ms. Morris; telephone conference with Ms. Morris concerning federal forfeiture funds and DAJ 71 form for use of funds; receive and review Guidelines for use of funds; conferred with Ms. Arias concerning parking garage issue 4/3/1998 EGG Attending meetings among mayor Robaina, Ms. Morris, Messers 2.00 350.00 Alias, Razook and Watkings regarding parking garage, and among mayor Robaina, Ms. Morris and Mr. Rodriguez regarding construction on Sunset Drive 4/5/1998 BSA finalize memorandum to Diana Morris concerning parking garage 2.00 300.00 issue; further review of federal forfeiture guidelines and revisions to memorandum to Hakeem 4/6/1998 BSA Receive and review memorandum section from Ms. Arias; continue 2.00 300.00 parking garage issue 4/711998 BSA Conferred with Weiner concerning W -9 filing; forwarded W -9 to 0.50 75.00 Weiner; conferred with Ms. Arias concerning parking garage issue 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. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 2 4/7/1998 GMM Preparing for and attending city commission meeting 5.50 962.50 4/7/1998 GMM Preparation for city commission meeting; review of agenda; 1.00 175.00 telephone conferences with Ms. Sonia Lama regarding two issues related to the agenda 4/811998 BSA Meeting with Valeria Arias concerning parking garage; conferred 0.60 90.00 with Department of Justice 4/9/1998 BSA Follow -up with Department of Justice concerning forfeiture 4.80 720.00 guidelines; conferred with Ms. Irene Guitierrez at Department of Justice; continue memorandum concerning parking garage issue 4/10/1998 BSA Meeting with Valeria Arias concerning parking garage project; 2.50 375.00 review guidelines; prepare correspondence to Deputy Chief Rider, Department of Justice concerning forfeiture funds 4/13/1998 BSA Legal research concerning other jurisdictions; finalize parking 3.00 450.00 garage memorandum; receive and review correspondence from Peter Previti concerning Code Enforcement Board meeting 4/1311998 EGG Reviewing documents in Friday distributions and mail 1.00 175.00 4/13/1998 EGG Telephone conferences with Ms. Morris regarding appointment of 0.30 52.50 interim city manager and request for IA file on Feldman 4/13/1998 EGG Attending special commission meeting regarding appointment of 1.50 262.50 interim city manager 4/14/1998 BSA Review of letter from Mr. Tenzer's attorney; Conferences with Mr. 0.50 75.00 Gallop concerning Code Enforcement Board meeting; reviewed Florida Statutes concerning amount of penalty authorized 4/14/1998 EGG Receipt and review public records request from Mr. Kinnard; 0.20 35.00 telephone conference with Ms. Morris regarding same 4/14/1998 EGG Receipt and review amended complaint by Watson; telephone 1.50 262.50 conference with Mayor Robaina regarding further proceedings on complaint; preparing letter to Ms. Garcia, attorney for Watson; preparing resolution authorizing city attoney to engage Mr. John Dellagloria to determine sufficiency of complaint 4114/1998 EGG Meeting with counsel regarding code enforcement proceeding on 1.00 175.00 complaint against Tenzer and imposition of $500 fine; telephone conferences with Mr. Previti, attorney for Tenzer, and with Ms. Bynum regarding same; preparing letter to board to reduce fine to $250 and to refund portion of payment. 4/14/1998 EGG Telephone conferences with Messers Alias, Razook and Watkins, 0.90 157.50 and with Mayor Robaina regarding authorization to Razook and Watkins to determine heirs to reservation in dedeication of land to city; preparing resolution authorizing city attorney to engage attorneys 4/14/1998 EGG Preparing memorandum to Ms. Morris regarding inspection of Mr. 0.20 35.00 Shields Bowden property and attempt to secure cooperation in removing vehicles 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. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 3 4/15/1998 BSA Review of Florida statutes and opinions concerning maximum 0.50 75.00 amount Code Enforcement Board may assess; conferred with Mr. Gallop; receive and review correspondence from Mr. Gallop to Mr. McCrea 4/15/1998 BSA Prepare memorandum to Ms. Morris requesting DAJ71 forms for 0.20 30.00 federal forfeiture funds 4/15/1998 EGG Receipt and review documents regarding new forfeiture matter; 0.20 35.00 telephone conferences with Messrs Pedro Echarte and Dellagloria regarding securing replacement forfeiture counsel 4/15/1998 EGG Issuing trust account check for annual installment payment on 0.50 87.50 Goldston account; preparing payment schedule and statement of account for Mr. Oshikoya; reviewing promissory note 4/15/1998 EGG Preparing resolution and memorandum authorizing city attorney to 1.00 175.00 retain Thomson Muraro, et al. to perform real estate legal services regarding parking garage; reviewing retainer agreement and RFP 4/15/1998 EGG Instructions to work attorney regarding further work on analysis of 0.20 35.00 question whether federal forfeiture funds can be used to upgrade police department telephone system and assignment of review of developer's bond for Shaw Nursery development 4/15/1998 EGG Reviewing discrimination charge by Abbot and preparing letter to 0.30 52.50 Mr. Rowley, PBA attorney, regarding breach of non -claim agreement 4/15/1998 EGG Receipt and review request by police officers for internal affairs 0.25 43.75 investigation of Capt. Feldman; advising Ms. Morris regarding same 4/15/1998 EGG Responding to subpoena for employment records of Ms. Susan 0.20 35.00 Ball, police officer 4/15/1998 EGG Reviewing proposed resolution authorizing execution of compliance 0.50 87.50 agreement with DCA; analyzing compliance with special notice requirements 4/15/1998 EGG Reviewing police department ombudsman proposal in light of action 0.20 35.00 by city commission; requesting copy of signed resolution from Ms. Taylor 4/15/1998 EGG Preparing city attorney report 1.50 262.50 4/16/1998 BSA Revised memorandum to Ms. Morris concerning federal forfeiture 1.00 150.00 funds; reviewed instructions from Mr. Gallop concerning bond issue; analyzed bond 4/16/1998 EGG Telephone conference with Mr. Burticelli regarding ombudsman 0.20 35.00 program 4/16/1998 EGG Preparing letter to Mr. Bertucelli regarding contract for ombudsman 0.25 43.75 services 4/16/1998 EGG Telephone conferences with Mr. McCree and Ms. Llama regarding 1.60 280.00 code enforcement matters 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. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 4 4/16/1998 EGG Preparing memorandum to Ms. Morris reminding same to meet 0.20 35.00 with Mandelstam and revise settlement agreement 4/16/1998 EGG Preparing status report on open matters 0.70 122.50 4/1711998 BSA Finalized review of bond on Shaw property; finalized memorandum 1.00 150.00 regarding same 4/17/1998 EGG Attention to legal matters at city hall; reviewing and approving 0.80 140.00 authorization and release regarding Shields Bowden 4/20/1998 BSA Conferred with Mr. Thomas Knight at Department of Justice 0.20 30.00 concerning forfeiture funds 4/20/1998 EGG Telephone conference with Mr. Joe Centorino, State Attorneys 0.25 43.75 Office, regarding enforcement of non - interference clause of city charter 4/20/1998 EGG Telephone call to Mr. James Murley, Secretary, DCA, regarding 0.30 52.50 conflict between South Florida Building Code and Hometown District and TODD building regulations; telephone conference with Mr. Steve Pfiefer, Ass't. Secretary, regarding same 4/20/1998 EGG Telephone conference with Ms. Vikki Galantes, Mastec 0.20 35.00 Technologies, regarding request by Sprint to locate telecommunication facility 4/20/1998 EGG Reviewing agenda documents 1.00 175.00 4/20/1998 EGG Analyzing question whether city can pledge property acquired 1.30 227.50 adjacent to Murray Park as security for capital improvement loan; telephone conferences with other city attorney, with Luis Ryder, bond ciounsel, with Mr. Henry Enriquez, Ready State Bank 4/21/1998 EGG Orientation meeting with Mr. Scurr; telephone conference with Mr. 1.75 306.25 Chuck Reily, PBA counsel, regarding Abbot EEOC complaint 4121/1998 EGG Telephone conference with Mr. Regalado, MDEOC, regarding 0.40 70.00 extension of time; preparing letter requesting extension; preparing memorandum to Mr. Scurr regarding same and telephone conference with Ms. Morris 4/21/1998 EGG Reviewing correspondence and proposed license agreement for use 0.70 122.50 of right -of -way from Ms. Janna Lloda, attorney for Teieport Communications Group; telephone conference with same 4/21/1998 EGG Preparing for and attending city commission meeting 8.00 1,400.00 4/22/1998 BSA Analyzed with Mr. Gallop concerning federal forfeiture funds status 0.20 30.00 and concerning DAJ forms 4/22/1998 EGG Telephone conference with Ms. Kari Barsh, attorney for Nexport, 0.50 87.50 regarding franchise agreement for use of city rightsof -way 4/22/1998 EGG Revising ordinance to conform to amendments 0.30 52.50 4123/1998 BSA Conferred with Mr. Gallop concerning Dawkins property 0.10 15.00 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. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 5 4/23/1998 EGG Preparing letter to Steven Frischer, attorney for Mr. Dawkins, 0.50 87.50 regarding payoff of code enforcement lien; receipt, review and telephone conference with Mr. Scurr regarding New Times public records request and other matters. 4/23/1998 EGG Receipt and review proposed personal services contract with Mr. 0.70 122.50 Steve Bertucelli for ombudsman program, and Ombudsman Assoc. standards of practice; preparing memorandum to Mr. Scurr; telephone conference among same, com'r Bethel and chief Watson regarding investigation of hate literature by State's Attorney office, DOJ and FDLE 4/24/1998 BSA Attention to lien foreclosure matters; received instructions from Mr. 1.50 225.00 Gallop concerning infill policy; follow -up with County Attorney 4/24/1998 BSA Received instructions and background from Mr. Gallop concerning 0.20 30.00 Abbot file and preparation of release 4/24/1998 EGG Telephone conference with Mr Brandon Luery, Westway, Ltd., 0.20 35.00 regarding use of letter of credit in the place of a development bond 4/24/1998 EGG Attention to lien foreclosure files and in -fill policy 1.10 192.50 4/24/1998 EGG Preparing memorandum to Mr. Scurr regarding pending matters 0.80 140.00 requiring attention 4/27/1998 BSA Review file on Don Abbott; prepared release, acknowledgement and 2.50 375.00 waiver 4/27/1998 BSA Telephone conference with County Attorneys' office concerning infill 0.20 30.00 policy 4/28/1998 BSA Telephone conferences with Ms. Bynum concerning L Miles file and 0.50 75.00 liens as to property; meeting with Mr. Gallop concerning lien matters 4/28/1998 BSA Telephone conference with Ms. Coleman at County Attorneys' 0.25 37.50 Office 4/28/1998 EGG Attending meeting with Mr. Pedro Echarte, forfeiture counsel, to 0.75 131.25 receive and review pending forfeiture files 4/28/1998 EGG Reviewing proposed letter of credit for Parkside Village; reviewing 0.90 157.50 sec. 17 -9 of city code regarding subdivision bonds; telephone conferences with Messers Lurie and Jess Lawhorn, First Union Bank, regarding security for development 4/29/1998 BSA Attention to infill policy, including telephone conferences with 2.00 300.00 Shannon Sommerset at County Attorneys' office and message for Ms. Tyler; received follow -up instructions from Mr. Gallop concerning federal forfeiture funds; telephone conferences with Department of Justice concerning status of letter and opinion; analysis of statute and conference with Mr. Gallop; left message for Ms. Morris 4/29/1998 EGG Attending staff conference regarding agenda items and follow up on 3.50 612.50 commission action; attending meeting among Messers Scurr and Oshikoya, and Mesdames Garcia and Carstarphen regarding 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. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 6 Rate Summary Brian S. Adler Earl G. Gallop G. Miriam Maer Expenses 34.25 hours at $150.00 /hr 49.05 hours at $175.00/hr 6.50 hours at $175.00/hr Total hours: 89.80 Legal research Courier charge Photocopies Telefacsimile charge Postage Sub -total Expenses Payments 4/30/1998 Payment 5,137.50 8,583.75 1,137.50 59.04 9.25 56.50 64.00 9.18 197.97 540.40 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. compliance with grant requirments for Goldston and other properties; attending meeting among Messers Robaina and Scurr 4/29/1998 EGG Revising release agreement regarding Abbot; transmittal to Mr. 0.50 87.50 Rowley 4/29/1998 EGG Telephone conference with Capt. Mills regarding forfeiture of 1991 0.20 35.00 Aucra 4/29/1998 EGG Preparing agreement between Westway, Ltd. /Shaws and city 2.50 437.50 regarding use of letter of credit as security for bond requirement and transmittal to Mr. Lurie; preparing amendment to sec. 17 -9, code of ordinances and cover memorandum; telephone conferences with Mr. Goodin and Mr. Lurie 4/30/1998 BSA Prepared for and attended meetings with Messrs. Elias and Gallop 1.50 225.00 and Diana Morris concerning infill policy and federal forfeiture funds 4/30/1998 EGG Attending meetings among Ms. Morris, Mr. Delaney and Mr. Adler 2.50 437.50 regarding foreclosure actions and in fill policy; among Al and Babe Elias regarding the parking garage project; with Ms. Taylor and Mr. Orseck regarding a variety of matters Total Professional Services 14,858.75 Discount: - 5,549.60 Rate Summary Brian S. Adler Earl G. Gallop G. Miriam Maer Expenses 34.25 hours at $150.00 /hr 49.05 hours at $175.00/hr 6.50 hours at $175.00/hr Total hours: 89.80 Legal research Courier charge Photocopies Telefacsimile charge Postage Sub -total Expenses Payments 4/30/1998 Payment 5,137.50 8,583.75 1,137.50 59.04 9.25 56.50 64.00 9.18 197.97 540.40 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. NaginGallopFigueredo, P.A. 4/14/1998 Payment 4/17/1998 Payment 4/30/1998 Payment 4/2/1998 Payment For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 7 176.25 2,884.61 2,884.61 2,884.61 Sub -total Payments: 9,370.48 Total Due To be properly credited, please indicate Statement Number on your remittance check. 9,309.15 197.97 9,507.12 61.33 9,370.48 197.97 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 May 5, 1998 Ms. Diana Morris Matter ID: 0022 -002 Deputy City Manager Real Estate City of South Miami 6130 Sunset Drive Statement No. 1445 South Miami, Florida 33143 Hours Amount 41211998 GMM Telephone conferences with Ms. Sonia Lama, Building Director, 1.50 262.50 regarding proper notification of interested parties ; examination of corporate detail printouts and of title search report relating to 6041 S.W. 63rd Street; preparation of memorandum advising Ms. Lama of names of interested parties Total Professional Services 262.50 Rate Summary G. Miriam Maer Expenses 1.50 hours at $175.00/hr Total hours: 1.50 Postage Photocopies Telefacsimile charge Sub -total Expenses: 262.50 3.64 24.50 10.00 38.14 Payments 4/30/1998 Payment 1,404.50 Sub -total Payments: 1,404.50 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. Nag inGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -002 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 262.50 38.14 300.64 4,001.15 1,404.50 2,897.29 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Ms. Diana Morris Deputy City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 May 5, 1998 Matter ID: 0022 -003 Foreclosures Statement No. 1446 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 4/9/1998 BSA Bankers Trust: Conferred with Weiner concerning W -9; prepared 0.20 30.00 correspondence to Calmco concerning revised amount and concerning w -9 4/20/1998 BSA 5716 Commerce Lane: Reviewed file notes, prepared 0.30 45.00 correspondence to Charisse Delgado concerning O & E 4/21/1998 BSA Krummrei: Review file and liens; prepare motion to amend 0.50 75.00 complaint to include daily fine sum; prepare notice of hearing on motion to amend complaint 4/21/1998 BSA Harlem Inn: Analysis of entire lien file and Ms. Rosa's response 1.00 125.00 concerning liens mistakenly filed against both properties; separation of liens; conferred with Mr. Taylor concerning payment of liens 4/21/1998 BSA Mary Johnson: Reviewed lien concerning address; conferred with 0.50 62.50 Carol Bynum at concerning claims of lien being returned; research concerning address of Ms. Johnson; provided address to Ms. Bynum and instructed Ms. Bynum to resend liens 4/21/1998 BSA Model City Development: Reviewed liens on property; research 0.50 62.50 concerning status of corporation and owners; conferred with Ms. Bynum; requested information from tax records 4/21/1998 BSA Rose Davis: Reviewed lien release and subsequent lien concerning 0.30 37.50 dates; conference with Ms. Bynum and requested Ms. Bynum to research whether release encompassed lien whose violation predated release but that was recorded subsequent to release 4/21/1998 BSA Walker: Conferred with Ms. Bynum and requested information 0.20 25.00 concerning new owner and tax record information 4/2211998 BSA Saunders: Reviewed lien; and prepared follow -up e-mail to Mr. 0.20 25.00 Gallop 4/22/1998 BSA Model City Development: Conferred with Ms. Bynum concerning 0.30 37.50 tax records, ownership, directors and officers, and as to who signed for return receipt cards; Lexis corporate search concerning 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: 2 Model City Development of Dade County, Inc; conferred with Mr. 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. Gallop concerning dissolved corporation 4/22/1998 BSA Rose Davis: Conferred with Ms. Bynum concerning file and whether 0.10 12.50 lien was incorporated into release, discussed recording and violation dates 4/22/1998 BSA Viola Walker: Conferred with Ms. Bynum concerning new tax 0.20 25.00 ownership records and concerning owner's address and potentially interested purchaser 4/22/1998 BSA Mary Johnson: Conferred with Ms. Bynum concerning status and 0.10 12.50 forwarding of new letters prior to foreclosure 4/22/1998 BSA Hattie Lee Smith: Conferred with Ms. Bynum concerning demolition 0.10 12.50 by beneficiaries of house 4122/1998 BSA Harlem Inn: 6411 S.W. 59th Place: Review liens and O &E search; 0.30 37.50 left message for Mr. Cowan, attorney for guardian; telephone conference with tax collectors office concerning tax deed application, amounts due and name of applicant 4/22/1998 BSA Prepared memorandum to Ms. Rosa concerning releasing of 0.20 25.00 certain liens on property 4/24/1998 BSA Marshall Williams: File review; prepared chart regarding service on 3.50 525.00 all defendants; research concerning non - military affidavits; prepared Memorandum concerning non - military affidavits; research concerning whereabouts as to Naomi Williamson; prepared motion for defaults by court and to accept constructive service 4/24/1998 BSA Davis Gardens: Prepare Notice of Agreement to Mediator review file 0.50 75.00 concerning parties and who may be defaulted by court 4/27/1998 BSA Marshall Williams: Research concerning whereabouts of Ms. 0.60 90.00 Williamson's estate; telephone conference with clerk's office; telephone conference with probate office; ordered Naomi Williamson file from Probate Clerk's Office 4/27/1998 BSA L MILES /Harlem Inn: Telephone conference with Mr. Taylor 0.20 30.00 concerning status of lien amounts and releases 4/27/1998 BSA 5716 Commerce Lane: Reviewed file; prepared correspondence to 0.25 37.50 Mr. Cronig concerning O & E search 4/28/1998 BSA Marshall Williams: Telephone conference with Vital Statistics; 0.70 105.00 prepare letter to Vital Statistics concerning Naomi Williamson; finalize motion for default based on constructive service; execute and serve 4/29/1998 BSA Marshall Williams: Revised correspondence to Vital Statistics 0.20 30.00 4/29/1998 BSA 5716 Commerce Lane: Conferred with Ms. Delgado concerning 0.40 60.00 address and Folio number; telephone conference with Carol Bynum concerning address and folio number and request for atlas map; receive and review map depicting address 4/30/1998 BSA Marshall Williams: Prepare, review and execute notice of hearing 0.10 15.00 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. NaginGallopFigueredo, P.A. Rate Summary Brian S. Adler Brian S. Adler Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 3 Total Professional Services 1,617.50 4.00 hours at $125.00/hr 7.45 hours at $150.00 /hr Total hours: 11.45 500.00 1,117.50 Postage 5.12 Telefacsimile charge 13.00 Photocopies 1.50 Legal research 65.17 Sub -total Expenses: 84.79 Payments 4/30/1998 Payment 2,117.66 Sub -total Payments: 2,117.66 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. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 4 Total Due To be properly credited, please indicate Statement Number on your remittance check. 1,617.50 84.79 1,702.29 2,658.55 2,117.66 2,243.18 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 May 5, 1998 Ms. Diana Morris Matter ID: 0022 -004 Deputy City Manager DCA v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1447 South Miami, FL 33143 Hours Amount 4/20/1998 EGG Telephone conference with Ms. Karen Brodeen, DCA attorney, 0.20 35.00 regarding status of approval of compliance agreement Total Professional Services 35.00 Rate Summary Earl G. Gallop Payments 4/30/1998 Payment 0.20 hours at $175.00/hr 35.00 Total hours: 0.20 258.78 Sub -total Payments: 258.78 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. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -004 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 35.00 0.00 35.00 557.84 258.78 334.06 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 5, 1998 Ms. Diana Morris Matter ID: 0022 -005 Deputy City Manager Mandelstam v. CSM City of South Miami 6130 Sunset Drive Statement No. 1448 South Miami, Florida 33143 Hours Amount 4/14/1998 EGG Receipt and reviewing motions by Madelstam for court to retain 0.60 105.00 jurisdiction over settlement agreement and by Westway to intervene in proceeding; telephone conferences with Mr. Wolpin, attorney for Westway, regarding intervention and scheduling hearing on motions, and with Mr. Mandelstam regarding scheduling hearing; scheduling hearing 4/23/1998 EGG Telephone conference with Mr. Mandelstam regarding preparing 0.30 52.50 agreed on order for enforcement of settlement agreement; scheduling hearing Total Professional Services 157.50 Rate Summary Earl G. Gallop 0.90 hours at $175.00/hr 157.50 Total hours: 0.90 Expenses Postage 1.83 Photocopies 3.75 Sub -total Expenses: 5.58 Payments 4/30/1998 Payment 260.20 Sub -total Payments: 260.20 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. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -005 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 157.50 5.58 163.08 827.84 260.20 730.72 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 5, 1998 Ms. Diana Morris Matter ID: 0022 -007 Deputy City Manager City of South Miami Anthony v. City of South Miami 6130 Sunset Drive Statement No. 1449 South Miami, Florida 33143 Expenses Telefacsimile charge 3.00 Sub -total Expenses: 3.00 For Professional Services 0.00 For Disbursements Incurred 3.00 Current Balance: 3.00 Previous Balance: 0.00 Payments -Thank you 0.00 Total Due 3.00 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 Ms. Diana Morris Deputy City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Expenses Facsimile: (305) 854 -5351 May 5, 1998 Matter ID: 0022 -008 Wascura v. City of South Miami Statement No. 1450 Postage 0.32 4/20/1998 Outside copy job 68.69 Sub -total Expenses: 69.01 Payments 4/30/1998 Payment 751.94 Sub -total Payments: 751.94 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. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter 1D: 0022 -008 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 69.01 69.01 810.83 751.94 127.90 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 FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 5, 1998 Ms. Diana Morris Matter ID: 0022 -009 Deputy City Manager Watson v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1451 South Miami, Florida 33143 Expenses Payments 4/30/1998 Legal research 3.32 Photocopies 5.00 Sub -total Expenses: 8.32 Payment 1,682.86 Sub -total Payments: 1,682.86 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. NaginGallo ff igueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -009 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 8.32 8.32 1,682.86 1,682.86 8.32 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 FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Ms. Diana Morris Deputy City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Expenses Courier charge Legal research For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Facsimile: (305) 854 -5351 May 5, 1998 Matter ID: 0022 -010 Asher v. City of South Miami Statement No. 1452 18.00 18.21 Sub -total Expenses: 36.21 0.00 36.21 36.21 1,882.56 0.00 Total Due 1,918.77 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 May 5, 1998 Ms. Diana Morris Matter ID: 0022 -011 Deputy City Manager Tooks v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1453 South Miami, Florida 33143 Expenses Photocopies 18.25 Sub -total Expenses: 18.25 Payments 4/30/1998 Payment 987.50 Sub -total Payments: 987.50 For Professional Services 0.00 For Disbursements Incurred 18.25 Current Balance: 18.25 Previous Balance: 1,262.39 Payments - Thank you 987.50 Total Due 293.14 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 GALLOPFIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Ms. Diana Morris Deputy City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Expenses Facsimile: (305) 854 -5351 May 5, 1998 Matter ID: 0022 -012 Pratt v. City of South Miami Statement No. 1454 Legal research 28.56 Sub -total Expenses: 28.56 Payments 4/30/1998 Payment 1,324.75 Sub -total Payments: 1,324.75 For Professional Services 0.00 For Disbursements Incurred 28.56 Current Balance: 28.56 Previous Balance: 1,346.40 Payments - Thank you 1,324.75 Total Due 50.21 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 Ms. Diana Morris Deputy City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 May 5, 1998 Matter ID: 0022 -018 CSM v. Shields Bowden Statement No. 1455 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 4/7/1998 EAB Telephone conference with Mrs. Carol Bynum, Code Enforcement 2.00 300.00 Officer for the City of South Miami; prepared outline on file and enforcement actions 4/8/1998 EAB Meeting with Ms.Bynum at the City of South Miami's Zoning 3.00 450.00 Department; obtained copy of file; reviewed past violations; analyzed Chapter 162, Florida Statutes 4/9/1998 EAB Review of entire file from CSM; prepared charts of violations, 2.50 375.00 violated ordinances, liens, and void /compliance with code 4/14/1998 EAB Telephone conference with Mrs. Bynum regarding on site 2.20 330.00 inspection; and continued review of file; legal database research on injunctions, bond waiver for municipality, and statutory authority to remove junk /abandoned vehicles 4/14/1998 EGG Evaluating facts and process to be used to establish basis for 0.30 52.50 request for order to remove automobiles; instructions to work attorney 4/15/1998 EAB Telep;hone conferences with Ms. Sonja Lama regarding the junked 3.20 480.00 vehicles, with Mr. David Walker regarding scheduling time to visit property and give citations for the junked vehicles; prepared for Mr. Bowden's signature a release of title and authorization to enter property and remove vehicles and debris; travelled to City of South Miami, met with Ms. Lama and Mr. Walker; travelled to Bowden property with Mr. Walker 4/17/1998 EAB Completed revisions to draft release and authorization to remove 0.50 75.00 junk vehicles; prepared correspondence to Ms. Lama regarding release; telephone conferences with Ms. Lama and Mrs. Eva Rose regarding Shields Bowden property. 4/17/1998 EAB Telephone conferences with Ms. Lama and Mr. Tucker regarding 0.50 75.00 release and negotiations with Mr. Bowden 4/20/1998 EAB Three telephone conferences with Mr. Tucker regarding offer of 0.70 105.00 settlement and removal of vehicles. 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. Nag inGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -018 Page: 2 4/2111998 BSA Reviewed lien list and conferred with Ms. Boutsis concerning 0.10 15.00 number of liens pending and those in compliance Total Professional Services 2,257.50 Discount: - 1,200.00 Rate Summary Brian S. Adler 0.10 hours at $150.00 /hr 15.00 Eve A. Boutsis 14.60 hours at $150.00 /hr 2,190.00 Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 15.00 Expenses Telefacsimile charge For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 3.00 Sub -total Expenses: 3.00 1,057.50 3.00 1,060.50 52.50 0.00 Total Due 1,113.00 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. 13 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: May 19, 1998 FROM: Charles Scurr RE: Agenda Item # City Manager Commission Meeting, May 19, 1998 AUTHORIZATION OF CITY MANAGER TO ENTER INTO A CONTRACT WITH WORLD OF AWNINGS TO CONSTRUCT AN AWNING ON THE SOUTH WALL OF THE MOTOR POOL FACILITY AT A COST NOT TO EXCEED $3,850.00 The attached resolution seeks approval to allow the City Manager to enter into a contract with World of Awnings to construct steel -framed vinyl - covered awning for the south wall of the motor pool facility. This awning is necessary to protect outdoor equipment from the effects of rain and direct sunlight. An awning is more cost - effective than a fixed -frame roof, and the best solution in this situation since a fixed -frame steel roofed structure cannot be permitted by Dade County because of their inability to withstand hurricane force winds. An awning covering can be easily removed before severe storms, alleviating the potential for storm damage. Therefore, a permit from Dade County can be obtained for an awning. It has been confirmed that the base price of $3,850.00 from World of Awnings includes all Dade County permits, plan preparation, and plan processing fees. The awning also comes with a 5 -year warranty. The $3,850. 00 expenditure would come from Account No. 1710 -519 -4670, "Maintenance and Repair of Grounds and Structures". Approval of this expenditure is recommended. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN CONTRACT WITH WORLD OF AWNINGS TO CONSTRUCT AN AWNING ON THE SOUTH WALL OF THE CITY'S MOTOR POOL FACILITY, AT COST NOT TO EXCEED $33850.00 AND CHARGING THE DISBURSEMENT TO "MAINTENANCE AND REPAIR OF GROUNDS AND STRUCTURES" ACCOUNT NO. 1710 -519 -4670. WHEREAS, an awning is needed next to the motor pool facility in order to protect outdoor equipment from the effects of weathering, and; WHEREAS, such work requires licensed contractor who can obtain a Dade County permit, and; WHEREAS, World of Awnings is the lowest bidder of the three firms who submitted bids for this work. 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 awning contractors: World of Awnings $3,850.00 Thomas Awnings (Dade Canvas Products Co.) $31890.00 Miami Awning $5,850.00 Section 2. The City Manager is hereby authorized to disburse the sum of $3,850.00 to World of Awnings upon satisfactory completion of the aforementioned work. Section 3. This resolution shall become effective immediately after adoption hereof. /'f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PASSED AND ADOPTED this 19' day of May, 1998. ATTEST: READ AND APPROVED AS TO FORM City Attorney APPROVED: 1/I _IM /Y Name: c; of sooil'h Atbw i h+1ku444-+j a owe c�a 7M9 AUTUMU I 1 VE 5939755 PAGE 01 A T] N LXJ PIEAI Addr: Y7W S`°'- -W A'-* �1 `-� ,� -t�"�, ILL• .33�sS TIM I .•. rr� � Y Esfimate: 1� 68i g Color:�� cha cE NAT'SEN.F-V �.4UUD v Voionce: �`- Tfc . ? zs - 379 Trim: M -A C-3(6 Frame: 5nl4ev sk u» "Covering Your World with Quality" W,�, Date: -08`98 EL MUNDO DE LOS TOLDOS 51reL c.su linizzo 1!ipB 151 WEST 21st STREET, HIALEAH. FLORIDA 33010 1 PNnNFr r3MAN aRAAAoo I CAV- iznC% nQCaewz TRIANGULAR ROUND 114 MOON OCARPORr nCARPORT BACKLIT A RES C D E F NO. TYPE LOCATION AWNING FASTENS AT A HEIGHT VVKM.x HEIGHTx PROJECTION B O PRICE TO: OF: H STRIPED SOLID i LrJ•,r.+ To cy.► � cr:r,nc- � �pta,. �-Z�. � � 13N" "' L 16 le SU AL-�_ OTAL 1� DEPOSIT Z. 010 _/ -III y�l= P wn%f y OTHER .�sacr � •�► sNd'�.� ENGINEER'S DRAWINGS• PLANS & SEA .37�Gv cOU ALx ttlRU F BALANCE DUE (�jv BALANCE DUE DOES NOT INCLUDE CITY PERMIT FEE: FEE WILL D AT TIME OF INOV � PPUCABLE. TOTAL DUE I HAVE READ AND AGREE TO THE FOREGOING RMS AND CONDMONS OF AGREE TO BE PERSONALLY RESPONSIBLE FOR ANY MQnarurA of NrchC w Dale BOTH SIDES HEREIN AND 174461E 0S- .0&-o /y a r Applique Tyra air AWNING CURTAIN LOCATION PI R Pa"ern Graphics SIZE COVER PRICE PRICE Vhoma.4 ar,'q f ngi 6? V i w l L Thread 14 (Tt- M IGHT by DADE CANVAS PRODUCTS CO. fame 6,&LV. 6rW 40 3470 N.W. 7th Street MIAMI, FLORIDA 33125 Val-wis Frame Color OOLL Tel. (305) 649-4511 Fax. (305) 643-9659 braid G7n1E SINCE 1922 SCOH-P SITE NAME C. O$r -!50j"rk AWAI Our- C9 "6) Sitis Phone: SITE ADM: 4-7q5 15• U -16 Ave. 371 1 71P 3 3155 t?AVP, 66 PIIJ INVOICE Est. comp. ZIP DATE NO. Tyra air AWNING CURTAIN LOCATION PI R HEAD FASTEN TO Aptus FASTEN To SIZE COVER PRICE PRICE FRAME TOTAL PRICE WIDTH M IGHT - PROJECTION A SIGNATURE OF PURCHASER PRINT NAME OF PURCHASER DATE L7 erZAIT ovigrz F I! 4 u R N. SUBITOTAL TAXI TOT WHITE OSIT ELI- - f; BALANCE .... .... . ..... DAY S IHIN 36 E CANVAS PRODUCTS CO. Lo%e b3tu, ACCEPTED BY AUTHORIZED OFFICER INDUSTRIAL FABRtCS ASSOCIA'410N INTERNATIONAL Ist Truce lstw" Wmrar Award `1Vima ,Since 1929 artein, :m w.rsi„ „`I' `Between YOU and Yw Sun" Miami ni 282 N.W. %th STREET . MIAMI, FLORIDA 33127 DADE: (305) 576 -2029 - FAX: (305) 576 -0514 NAME City South Miami JOD SITE ADDRESX; 4795 SW 75 Ave. '. CITY ilnCC)DE I JOB WE PHONE NLMBER Miami, Fl. 3315$ 663 -6350 INYOICF. NAME ItF DIFF.j attn: D_ avid M Goodin Engineering Inspector INVCX' -E ADDRESS — Public Works Dept. CITY zip CODE PHONE NUMBER IF DEFF j fax 261 -3791 DESCRIPTION PROPOSAL /AGREEMENT 95- Date 4/10/98 FABRIC: NUMBER GRAPHICF rhREAD COLOR Miami Awning Co. proposes tot Manufacture and install (1) complete lean -to style awning over ourdoor vehicide 1 DIMENSIONS: 28' -0" length x 13' -0' projection from adjascent building. Head of awning will mount above existing exhaust fan. FRAMEWORK: All welded sch. 40 galvanized pipe construction. All mitred corners All join $ 5600'00 properly fitted. No crimped pipe ends. All welds ground smooth and treate with zinc -rich chromate. PAINT: electrostatic spray applied urethane pain Trussed front bar and trussed rafters. FABRIC: ,John Boyle Patio Pro -Tec heavy duty vinyl laminated polyester. electronically sealed seams. brass grommets. 5 yr. warranty. Designed and built to Dade County Product Control and SFBC standards. Framework will withstand up to 75 mph. winds. In the event of hurricane force winds, fabric is easily remove - able to lessen windload. Awning will be sealed at the head on the building. Shop drawings and Permit $ 250.00 rERMS OF PAY Sub Total $ 5850.00 Delivery: 5 weeks. Sans 'fax Lump sum For permitting process, a survey of the property and a signed affidavit will be needed. -_ _ _ -- $ 5850.00 • • $ 2925.00 PROPOSED: MIAMI REACH AWNING CO., INC. DIBIA WARN AWNING CO. Bill Garvey 4 /9 /98 Pa es mepreeser snte Dale $ 2925.00 ACCEPTED SUBJECT TO THE TERMS AND CONbSi M ABOVE AND ON THE REVERSE SIDE OF IMS PROPOSAL. Buyer or ikryere AAhw7ed Apenl Date Property ormer - CITY OF SOUTH MIAMI OINTER— OFFICE MEMORANDUM To: Mayor and City Commission From: Earl G. Gallop Date: April 29, 1998 Re: Amendment to plat ordinance Subject: An ordinance relating to plats, amending section 17 -9, code of ordinances, to authorize the city manager to accept letters of credit, cash bonds and other forms of security in addition to construction bonds, and increasing the amount of the security to 110% of the estimated construction cost. The code currently provides for a developer to give a construction bond for the estimated cost of construction of on -site and off -site public improvements. Most jurisdictions require security in the amount of 110% to cover construction cost increases, and additional mobilization and administrative costs. Additionally, a letter of credit is superior to a construction bond. In the event of noncompliance with permit requirements, as determined by the city, the city manager can easily issue a draft to receive payment under the security. Any dispute is then between the city and the developer. With a bond, payment of bond claims are often delayed because the developer disputes the claim. Many bond claims end up in court and require a court order directing payment. Recommendation: Approve the ordinance. N: \EGa11op \CSMMEM0S \City comn- sec17 -9 letter credit - amd.doc 1 2 ORDINANCE NO. 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLATS; 6 AMENDING SECTION 17 -9, OF THE CODE OF ORDINANCES, 7 ENTITLED "PLATS — AGREEMENTS AND BOND WITH CITY s RELATING TO STREETS, TERRACES, COURTS, ETC. "; 9 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 10 AND AN EFFECTIVE DATE. 11 12 WHEREAS, Section 17 -9 of the Code of Ordinances, relating to plats, requires 13 a developer to post a construction bond for the cost of onsite utility, street and 14 sidewalk improvements which will be dedicated to the city and improvements to 15 adjacent rights -of -way; and, 16 17 WHEREAS, other security instruments, such as letters of credit and cash 18 bonds, are superior to construction bonds; and, 19 20 WHEREAS, the Mayor and the City Commission find that it is in the public 21 interest to increase the amount of the security to 110% of estimated construction costs 22 and to grant the City Manager the authority to accept other forms of security. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. Section 17 -9. Plats — Agreements and bond with city relating to 28 streets, terraces, courts, etc., is amended to read: 29 30 All persons submitting any record plat of real estate situated in the city 31 to the city se4wGil commission for its acceptance of the dedication of 32 streets, avenues, courts, places, terraces and all thoroughfares are 33 hereby required to accompany any such proposed record plat with a 34 suitable agreement with the city providing for the construction of street 35 paving, parkways and other improvements within such proposed 36 subdivision as well as the public right -of -way adjoining the real estate 37 in accordance with the city's specifications and at the expense of the 38 owners of the land to be subdivided. 39 40 The construction work is to be completed within one year from date of 41 such submission. The agreement is to be accompanied by good and /30000*, 1 2 3 4 5 6 8 9 10 11 sufficient contract bond, letter of credit, cash bond, or other form of security acceptable to the City Manager, in an amount of 110% ofthe total estimated cost of the improvements, which estimated costs shall have been first approved in writing by the department of public works. The security shall be conditioned of on the compliance of the work with permit requirements and shall have a term of one year from the date of acceptance of the improvements to- b- a iPj-ab tbat i�tL 12 If the above conditions are not met the city council shall construct or 13 cause to be constructed after public advertisement and receipt of bids, 14 the proposed street paving, parkways, and other improvements; and the 15 principals and surety jointly and severally agree to pay to and 16 indemnify the city upon completion, the final total cost of 17 improvements, including engineering, legal and contingent costs, 18 together with any damages direct or indirect consequential which the 19 city may sustain on account of the failure of the principals to properly 20 keep, carry out and execute all the provisions of said contract. 21 22 Section 2. If any section, clause, sentence, or phrase of this ordinance is for 23 any reason held invalid or unconstitutional by a court of competent jurisdiction, the 24 holding shall not affect the validity of the remaining portions of this ordinance. 25 26 Section 3. All ordinances or parts of ordinances in conflict with the 27 provisions of this ordinance are hereby repealed. 28 29 Section 4. This ordinance shall take effect immediately at the time of its 30 passage. 31 32 PASSED AND ADOPTED this day of May, 1998. 33 34 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY N:\EGallop \Csmord -res \Sec. 17 -9 plat - letter of credit- amendment.doc /.r City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 April 29, 1998 Mr. Brandon Lurie The Richard - Brandon Company 1508 San Ignacio Avenue, Suite 200 Coral Gables, FL 33146 VIA FACSIMILE — 666 -4990 Re: Shaw Nursery Property — Bond Dear Mr. Lurie: Please reply to: 3225 Aviation Avenue. Suite 301 Miami. f1 33133 (305)854 -5353 (305) 854 -5351 (fax) This letter transmits an agreement between the City of South Miami and Westway, Limited, the developer of the Shaw Nursery Property. The agreement provides that the city will accept a letter of credit from First Union National Bank in lieu of a construction bond for off -site improvement; I will present to the city commission a proposed amendment to section 17 -9 of the city code of ordinances to authorize the city manager to accept letters of credit, cash bonds and other forms of security, in addition to construction bonds; and, in the event the commission declines to amend the code, the developer will provide the city with a replacement bond within 14 days of notification of the commission's action. The letter of credit shall be substantially similar in form and content to the document that is attached .to this letter; provided, however, that the amount shall be $113,691 (110% of estimated construction costs), the developer shall comply with the requirements of Utility Permit no. 97 -598, and the term of the letter of credit shall be to a date of one year from the date of final acceptance of the work by either the City of South Miami, or Miami -Dade County, whichever authority accepts the work last. "City of Pleasant Living" _/J1000, Mr. Brandon Lurie The Richard - Brandon Company April 29, 1998 Page 2 Please do not hesitate to call me if you have any questions regarding the subject matter of this letter. Very truly yours, Earl G. Gallop Enclosures Cc: Mayor and City Commission Charles D. Scurr, Interim City Manager David Goodin, P.E. Jess S. Lawhorn, Jr., First Union National Bank N: \EGallop \CSMLTRS \Luire -Shaw Nursery- letter of credit.doc Office of the City Attorney, City of South Miami., 6130 Sunset Drive, South Miami, Florida 33143 14r AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND WESTWAY, LIMITED This Agreement, dated this April 29, 1998, between the City of South Miami and Westway, Limited, for $10.00 and other valuable consideration, the receipt and sufficiency of which is acknowledged by the City, provides for Westway to present, and the City to accept, an irrevocable letter of credit in the amount of $113,691, in lieu of a construction bond upon the following terms and conditions: 1. The letter of credit shall be issued in favor of the City of South Miami and shall be issued by a lender acceptable to the City Manager. 2. The instrument shall be conditioned upon the compliance by Westway, Limited, or its assign, with the requirements of Utility Permit no. 97 -598 issued by the City 3. The term of the instrument shall be to a date of one year from the date of final acceptance of the work by either the City of South Miami, or Miami -Dade County, whichever authority accepts the work last. 4. The form and content of the instrument shall otherwise be similar to that of the sample letter of credit, which is annexed and made a part of this agreement. 5. In the event the City Commission of the City of South Miami does not amend Section 17 -9, Code of Ordinances within 60 days of the date of this agreement to authorize the City Manager to accept a letter of credit in lieu of a construction bond, as currently required by the ordinance, Westway, Page 1 of 2 Limited, or its assign, shall deliver to the City Manager, within 14 days of receipt of notification by the City Manager, or his designee [notification shall be deemed received within 3 days of mailing to the address listed below] a replacement construction bond having the same material conditions as the letter of credit. 6. In the event Westway, Limited, or its assign, fails to deliver an acceptable replacement bond, when directed by the City, and within the time provided for in this agreement, the City may draw upon the letter of credit. 7. By executing this agreement, the representative of Westway, Limited warrants that he is the authorized representative of the company, he has the power to execute this agreement and bind the company, and the company is, or after closing the transaction for the sale of the Shaw Nursery Property, will be the holder of the referenced utility permit. tan v. vanop, city Attorney City of South Miami NAEGallop\CWcontract- letter of credit - Westway, Ltd.doc By: L. Richard Mattaway, Pres. Westway, Inc., as General Partner of Westway, Ltd. Address: 1508 San Ignacio Ave., Suite 200 Coral Gables, FL 33146 Ar APR -24 -S8 16:06 FROM:CORP BNK RE UND ID:305 769 5060 FIFST UNION NATIONAL BANK IRREVOCP.BLE STANDBY LETTER OF CREDIT FEBRUARY 09, 1996 DADE COUNTY BOARD OF COUNTY C/O DADE COUNTY PUBLIC WORKS SUBDIVISION CONTROL SUITE STEPHEN P. CLARK CENTI;R III N. W. IST STREET MIAMI, FLORIDA 33121 -1970 GENTLEMEN: COMMISSIONERS DEPARTMENT 1420 5� LETTER OF CREDIT NO. WE HEREBY AUTHORIZE YCU TO DRAW ON US BY AND FOR THE ACCOUNT OF UP TO AN AGGREGATE AMOUNT OF ($ ) AVAILABLE: B 0 R DRAFTS AT SIGHT ACCOMPANIED BY A CERTIFICATE OF DADE COUNTY PUBLIC WORKS DIRECTOR, THAT _ HAS FAILED TO COMPLETE THE IMPROVEMENTS AS SPECIFIED IN AGREEP.ENT (WITH BOND ATTACHED THERETO) DATED BETV EEN DADE COUNTY AND THIS LETTER OF CREDIT SHALL BE VALID UNTIL AND SHALL THEREAFTER IE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE - YEAR PERIODS UPON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE WE NOTIFY YOU IN WRITING TO THE CHIEF, SUBDIVISION CONTROL, SUITE 1420, STEPHEN P. CLARK CENTER, III F.W. 1ST STREET, MIAMI, FLI. 33128 -1970 THAT WE ELECT NOT TO ;O RENEW THIS LETTER OF CREDIT. UPON RECEIPT BY YOU OF SUCY NOTICE YOU MAY DRAW HEREUNDER BY YOUR DRAFTS DRAWN AT SIGHT ON US AND ACCOMPANIED BY A CERTIFICATE SIGNED BY THE DIRECTOP OF THE PUBLIC WORKS DEPARTMENT TO THE EFFECT THAT THE AFOREtAID BOND IS IN FULL FORCE!AND EFFECT ON THAT DATE, AND SHALL UE DULY HONORED UPON PRESENTATION TO THE DRAWEE. DRAFTS MUST BE DRAWN I'_ND NEGOTIATED NOT LATER THAN OR THE LAST DAY (IF ANY RENEWAL PERIOD. EACH DRAFT MUST STATE THAT IT IS " DRAWN UNDER LETTER OF CREDIT OF THE FIRST UNI N NATIONAL BANK, 200 SOtlTH BISCAYNE BLVD., L2TH FLOOR, MIAMI, FL. 3313L DATED ": AND THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF CREDIT AND ALSO ON OUR CORRESPONDENT [S ADVISE OF THIS CREDIT. WE HEREBY AGREE KITH THE DRAWERS, ENDORSERS, AND BONAFIDE HOLDE S CONTINUED ON NEXT PAGE; WHICH FORMS AN INTEGRAL FART OF THIS LETTER OF-CREDIT PAGE 2/3 �T 1 Ar APR -24 -98 16:07 FROM:CORP BNK RE UND p IRREVOCABLE STANDBY LE:rTER OF CREDIT SS50129 FEBRUARY 09, 199$ ID:305 789 5060 PAGE N0. V OF ALL DRAFTS UNDER ANI) IN COMPLIANCE WITH THE 'BERMS OF THIS CREDIT, THAT SUCH DRAFT'S WILL BE DULY HONORED UPON PRESENTATION TO THE DRAWEE. EXCEPT SO FAR AS OTHER41SE STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY' CREDITS t 9 3 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATI 0. SOO. SINCERELY, -- - A AUTHOOIZEW Si A'CURE FIRST N NA 'TONAL BANK 200 SOUTH BISCA NE BLV::). 12TH FL. (FL 6042) MIKKI , FL 3-3L31 PAGE 3/3 � ,s AM DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. OF FLORIDA Y OF DADE: ire the undersigned authority personally appeared is V. Ferbeyre, who on oath says that she is the iisor, Legal Notices of the Miami Daily Business 3 We Miami Review, a daily (except Saturday, Sunday gal Holidays) newspaper, published at Miami in Dade ?, Florida; that the attached copy of advertisement, 3 Legal Advertisement of Notice in the matter of 'Y OF SOUTH MIAMI 'ICE OF PUBLIC HEARING 'Y COMMISSION MEETING 19, 1998 ,...................x XX. X. X ......... ............................... Court, .blished in said newspaper in the issues of r 8, 1998 +ant further says that the said Miami Daily Business i is a newspaper published at Miami in said Dade 7, Florida, and that the said newspaper has heretofore ontinuously published in said Dade County, Florida, ay (except Saturday, Sunday and Legal Holidays) and en entered as second class mail matter at the post n Miami in said Dade County, Florida, for a period of ar next preceding the first publication of the attached f. advertisement; and affiant further says that she has paid nor promised any person, firm' or corporation cou rebate, commission o d for the purpose jr his advertisemel�VW pu#bli tion in the said Nom to a sub ri fore me this May 98 ,ei .......... ........ A.D.19...... a V. Ferbeyre personally known to . � viii► CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY -given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during; its regular City Commission meeting on Tuesday, May 19, 1998 beginning at 7:30 p.m., in the City Commission Chambers, 61130-Sunset Drive., to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO PLATS; AMENDING SECTION 17 -9, OF THE- CODE OF ORDINANCES, ENTITLED - PLATS - AGREEMENTS AND BOND WITH CITY RELATING TO STREETS, TERRACES, COURTS, ETC.'; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1 at Reading - May 5, 1998) Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the City Man- agers Office at: 663 -6347: ALL interested parties are invited to attend and will be heard. Ro_ netta Taylor, CMG City Clerk _City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the :public that if 'a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the. proceedings is made, which record in- cludes the testimony and evidence upon which the. appeal is to be based. 5✓8 . 98-3-050841M X�p --� OFFICIAL NOTARY SEAL �� JANETT LLERENA 0 t 5 0 COMMISSION NUMBER e. ? :4�r Q CC566004 MY f�CF'F- OeQ JUNE �23N ES 2000 4000, /5 � CITY OF SOUTH MIAMI W7INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST: Date ra,0-0 Re: May 12, 1998 / Agenda Item # Comm. Mtg. 05/19/98 Habitat Variance Resolution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWELVE -FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6257 SW 59TH PLACE, SOUTH MIAMI, FLORIDA 33143. BACKGROUND: Over the last seven years, Habitat for Humanity of Greater Miami has had a strong presence in the City of South Miami. It has built thirteen homes for local families, and there are four more homes currently under construction. Of these seventeen homes that have received building permit approval, seven have required at least one variance from the Land Development Code of the City of South Miami (LDC). HARDSHIP STATEMENT REQUIRED: [found on page 112 of the Land Development Code] Section 20 -5.6 (C) requires that "All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based." NATURE OF THE HARDSHIP: [found on page 135 of the Land Development Code] The nature of the required hardship is explained by language in Section 20- 6.1(13)(3)(h), which enumerates the powers and duties of the Planning Board and includes the following: Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar City Manager's Report: Habitat Variances Resolution and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. ANALYSIS: The traditional legal concept of hardship is well summarized in the attached document excerpt entitled, What is Hardship ?, taken from the Metropolitan Dade County's publication entitled, Zoning Handbook. This summary is provided as part of the variance application packet in order to give an understanding to potential applicants of the basic concept and dynamics of a hardship. The subject property is located in the Amended Plat of Hamlet Subdivision and the RS -4, "Small Lot Single - Family Residential District." The attached property survey exhibits that the lot has 50 feet of frontage and is approximately 97.23 feet deep, resulting in an area of 4,861.5 square feet. However, the dimensions identified on the survey are not the dimensions utilized for zoning review. Section 20 -3.6 (17)(1) of the Land Development Code requires the right -of -way of SW 59"1 Place to be 50 feet in width. Since the current width of the subject right -of -way is only 30 feet, an additional 20 feet of property adjacent to the right -of -way is zoned right -of -way, 10 feet on each side of the existing right -of -way. The zoned right -of -way line is used instead of the front property line, as depicted on the property survey, for zoning review. Therefore, the subject property has a frontage of 50 feet and a depth of approximately 87.23 feet, resulting in an area of 4,361.5 square feet. Table 1 displays the Dimensional Requirements of the RS -4 district and the proposed dimensions of the subject application. Table 1: The Dimensional Requirements of the RS -4 Zoning Districts and the Proposed Dimensions of the Residence to be located at 6257 SW 59rn Place Requirement Permitted /Allowed Proposed Min. Net Lot Area 6,000 sq. feet 4,361.5 sq. feet Frontage 60 feet 50 feet Min. Front Setback 25 feet 12 feet Min. Rear Setback 25 feet 25 feet Min. Side (interior) setback 7.5 feet 7.5 feet Min. Side (street) setback 15 feet 17.2 feet Max. Stories 2 1 Max. Building Height 25 feet <25 feet Max. Building Coverage 30% 29.2% Max.' Impervious Coverage 45% 35.8% City Manager's Report: Habitat Variances Resolution 2 /(0 Table 1 illustrates that the subject application would not have the required minimum net lot area, frontage, and front setback. However, variances for the dimensions of the lot are not required because the lot is a "lot of record," as described on page 39 of the Comprehensive Plan. Therefore, the subject application only requires approval of a variance for the front setback. The proposed home's failure to provide the minimum required front setback is largely attributable to the zoned right -of -way and the dimensions of the lot, as the house is only 1,272 square feet in area. Furthermore, the required setbacks, when applied to the subject property, only permit an allowable building envelope of 27.5 feet by 37.23 feet, or 1,023.83 square feet. The Planning Board voted 6:0 to recommend approval of the requested variance, as further described in the attached minutes. RECOMMENDATION: Approval. Attachments: What is Hardship? Document Excerpt Resolution for Public Hearing and adoption Excerpt from City of South Miami Comprehensive Plan Planning Board Staff Report Letter of Intent from Habitat for Humanity Proof of ownership Site Plan Submitted by Habit for Humanity Survey Submitted by Habit for Humanity Zoning Petition Submitted with Signatures Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) April 28, 1998, Excerpted Planning Board Minutes City Manager's Report: Habitat Variances Resolution /6 WHAT IS HARDSHIP? In determining Miat is a hardship. one criterion is paranlo Lill t rile "hardship" must he inherent in the land and not based on the people involved or the circunlstanccs in which they find themselves. A classic example of a hardship concerns a lot. which. because of a peculiar shape or an extreme topographical Icatu► °e. is Virtually unbuildable under the yard requirements of the ordinance. This amounts to a detect in the land which depriVes the owner of a right enioyed by all other owners of adjoining lots. The special conditions which must be found are those which apply uniquely to the property in question and which prevent its being used in the same way as other properties in its vicinity or in the zoning district. Under these conditions. the granting of a variance would not allow a special privilege not enjoyed by other property in the same vicinity or zone. The conditions must be so unusual that the ordinance. as applied to the particular property. Would probably be invalid in that a reasonable use of the property is not allowed. An "unnecessary" hardship is one which is not required in order to accomplish the objectives of the zoning ordinance. Some hardship (or limitation of privilege) is unavoidable. For example. restrictions against conlnlcrcial use ol' property in a residential district is not an "unnecessary" hardship, for it is the clear intent of the zoning ordinance to so restrict all property in the district for the benefit of the community. Similarly. mere econonuc loss is not a valid hardship. particularly if the same loss applies generally to other properties in the district. Hardship cannot be self-imposed. The owner of a building constructed in violation of the regulations could not claim "hardship" in being required to remove it. ignorance of the existence or application of zoning regulations does not constitute legally recognizable hardship.... The variance should never be used to correct improper zoning. The hardship may be real and unnecessary. but. it is also general. the proper approach is through a change of zoning by the legislative body. the Cill• Commission.... As established by Florida's general municipal zoning enabling act, there must be special conditions in a specific case. the hardship must be unnecessary and the variance, if granted. must not be contrary to the public interest. The latter can be interpreted to mean "not contrary to the comprehensive plan" as outlined in the zoning ordinance. ExcelVlecl %1-1117 ,1leo-ol7olilun Ducle Count 'v. Floridlu. ZONING HANDBOOK Atlanta: Harland Bartholomew and Associates: September. 1965. /0 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A VARIANCE FROM SECTION 20 -3.5 (E) OF THE LAND 7 DEVELOPMENT CODE TO ALLOW A TWELVE -FOOT FRONT SETBACK, 8 WHERE TWENTY -FIVE FEET IS REQUIRED, ON PROPERTY LOCATED 9 IN THE RS -4 "SINGLE FAMILY RESIDENTIAL" ZONING 10 DISTRICT, SPECIFICALLY LOCATED AT 6257 SW 59TH PLACE, 11 SOUTH MIAMI, FLORIDA 33143. 12 13 14 WHEREAS, Habitat for Humanity of Greater Miami, Inc. has 15 made application for variances from Section 20 -3.5 (E) of the 16 Land Development Code pursuant to Section 20- 5.9(G), in order to 17 allow a front setback of twelve feet (121) where a twenty -five 18 foot (251) setback is required on property located in the RS -4 19 Single- Family Residential zoning district; and, 20 21 WHEREAS, subject property is located at 6257 SW 59th Place; 22 South Miami, Florida, 33143, and is legally described as follows: 23 24 Lot 4, Block 3, "AMENDED PLAT OF HAMLET," according to 25 the plat thereof, as recorded in Plat Book 4 at Page 48 26 of the Public Records of Dade County, Florida; and, 27 28 WHEREAS, Planning and Zoning Department staff recommended 29 approval of the application for a variance upon evaluating the 30 application for (a) consistency with the Comprehensive Plan and 31 (b) compliance with the hardship requirement contained in Section 32 20 -5.9 (C) of the Land Development Code; and, 33 34 WHEREAS, on April 28, 1998, the Planning Board voted 6:0 to 35 recommend approval of the variance; and, 36 37 WHEREAS, the Mayor and City Commission of the City of South 38 Miami desire to accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 41 OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. The application submitted by Habitat for Humanity 44 of Greater Miami, Inc. for a variance from Section 20 -3.5 E of 45 the Land Development Code, in order to allow a front setback of 46 twelve feet (121) where a twenty -five foot (251) setback is Habitat Variances Resolution: Public Hearing May 19, 1998 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 required, on property located in the RS -4 Single - Family Residential zoning district, is hereby granted. Section 2. This approval is subject to and dependent upon construction of the proposed single- family residential house in conformity with the layout depicted in the submitted site plan. Section 3. The applicant hereby agrees to construct the proposed single- family residential structure by means of standard concrete block and stucco [CBS] construction methods. Section 4. The City Manager may revoke this approval upon a determination that the provisions of this resolution have been violated or any violation is occurring at the subject property or related property that is not in compliance with this resolution. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 19th day of May, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Habitat Variances Resolution: Public Hearing May 19, 1998 2 l 0 a FUTURE LAND USE CATEGORIES This section contains language which explains the intent of the future land use map. Zoning regulations which permit uses that are specifically permitted by this section and that also permit uses that are less intensive than those permitted by this section may be deemed to be consistent with the comprehensive plan. Zoning regulations that are more restrictive than the provisions of this section may also be consistent with the comprehensive plan. The terms "less intensive" and "more restrictive" in this section are not defined in this plan. Planned unit development zoning regulations which permit buildings to be higher than stated in this plan may be deemed consistent with this plan, provided such regulations do not permit the overall floor area on a site to be greater than could occur if the height limits of this plan were observed. Nothing in this plan is intended, or has the effect of, limiting or modifying the right of any person to complete any planned development which has been issued a final planned development order which is in full force and effect and where development has commenced and is continuing in good faith, provided that all regulations and conditions as imposed by the City are met. Any legally granted variances to a development code regulation which implements this plan shall be deemed to be a legally granted variance to this plan and as such shall be deemed to be consistent with this plan. This variance provision, shall apply to all elements and sections of this plan. Vested Rights: Nothing contained herein shall be construed as affecting validly existing vested rights. It shall be the duty and responsibility of the applicant alleging vested rights to affirmatively demonstrate the legal requisites of vested rights. Vested rights shall require a demonstration to the Mayor and City Commission of the City of South Miami that the applicant (1) has relied in good faith, (2) upon some act or omission of the government, and (3) has made such a substantial change in position or incurred such extensive obligations and expenses to the applicant's detriment as to create an undue hardship. The mere existence of zoning contrary to the South Miami Comprehensive Plan shall not be determined to vest rights. Developmental actions where all required approvals have been received, or orders or permits that preceded the official adoption of this Comprehensive Plan shall remain in full force and effect but subject to all applicable zoning laws and regulations of the City. The land development regulations to be adopted shall provide for specific standards to carry out these concerns. Single - Family (Two -Story) The single - family land use category is intended to provide for one residential dwelling unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with such parcel sizes provided that minimum parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. ` Lot of Record: If the owner of a platted lot in any district does not own a panel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such �— owner acquired title to such lot was of record prior to the application of any zoning regulations to the premises, or if such lot were created and first recorded in compliance with the zoning regulations in effect on the lot at the time of recording, and if such lot does not conform to the requirements of such regulations as to the width of lots and lot area, the provisions of such lot area and lot width regulations shall not prevent the owner of such lot from erecting a single - family dwelling or making other improvements on the lot, provided such improvements conform in all other respects to the applicable zoning regulations provided that such platted lot is not less than fifty feet in width and has a frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and complete separate parcel designated as a lot, parcel, or tract as part of a subdivision plat recorded in the public records of Dade County, Florida. Two-Family/Townhouse Residential (Two-Story) The two - family /townhouse category is intended to provide for two or more residential dwelling units per parcel of land. Each dwelling unit should have its own at -grade direct Element Page Number 1.39 Plan Page Number 39 � CITY OF SOUTH MIAMI Ty INTER - OFFICE MEMORANDUM To: Chair & Planning Board Members Date: April 23, 1998 From: Gregory J. Oravec Re: Habitat for Humanity Planner Request for Variance ITEM: PB -98 -007 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve - foot front setback, where twenty -five feet is required, on property located in the RS -4 "Single Family Residential" zoning district. Location: 6257 SW 59`x' Place South Miami, Florida 33143 BACKGROUND & ANALYSIS The subject property is located in the Amended Plat of Hamlet Subdivision and the RS -4, "Small Lot Single - Family Residential District." The attached property survey exhibits that the lot has 50 feet of frontage and is approximately 97.23 feet deep, resulting in an area of 4,861.5 square feet. However, the dimensions identified on the survey are not the dimensions utilized for zoning review. Section 20 -3.6 (F)(1) of the Land Development Code requires the right -of -way of SW 59"' Place to be 50 feet in width. Since the current width of the subject right -of -way is only 30 feet, an additional 20 feet of property adjacent to the right -of -way is zoned right -of -way, as demonstrated in the attached figure 1. The zoned right -of -way line is used instead of the front property line, as depicted on the property survey, for zoning review. Therefore, the subject property has a frontage of 50 feet and a depth of approximately 87.23 feet deep, resulting in an area of 4,361.5 square feet. Table 1 displays the Dimensional Requirements of the RS -4 district and the proposed dimensions of the subject application. Table 1: The Dimensional Requirements of the RS -4 Zoning Districts and the Proposed Dimensions of the Residence to be located at 6257 SW 59`h Place Requirement Permitted /Allowed Proposed Min. Net Lot Area 6,000 sq. feet 4,361.5 sq. feet Frontage 60 feet 50 feet Min. Front Setback 25 feet 12 feet Min. Rear Setback 25 feet 25 feet Min. Side (interior) setback 7.5 feet 7.5 feet Min. Side (street) setback 15 feet 17.2 feet Max. Stories 2 1 Max. Building Height 25 feet <25 feet Max. Building Coverage 30% 29.2% Max. Impervious Coverage 45% 35.8% Table 1 illustrates that the subject application would not have the required minimum net lot area, frontage, and front setback. However, variances for the dimensions of the lot are not required because the lot is a "lot of record" (please see attached page 39 of the Comprehensive Plan). Therefore, the subject application only requires approval of a variance for the front setback. The proposed home's failure to provide the minimum required front setback is largely attributable to the zoned right -of -way and the dimensions of the lot, as the house is only 1,272 square feet in area. Furthermore, the required setbacks, when applied to the subject property, only permit an allowable building envelope of 27.5 feet by 37.23 feet, or 1,023.83 square feet. The proposed house would substantially improve the subject property, and the reduced front setback would not negatively impact the surrounding area because many of the surrounding homes do not provide the minimum permitted front setback, as the attached pictures demonstrate. Furthermore, the applicant has obtained the support of over 20 percent of the property owners, owning property within 500 feet of the subject property, as evidenced by the attached petition. COMPREHENSIVE PLAN The application is consistent with the Goal, Objectives, and Policies of the Comprehensive Plan and serves to implement Goal 1, Objective 1. 1, and Objective 1.3 of the Housing Element. APPLICABLE REGULATIONS Land Development Code • Section 20 -2.3 Definitions • Section 20 -3.5 (E) Dimensional Requirements • Section 20 -5.9 Variance Approvals Comprehensive Plan • Goals, Objectives, and Policies of the Housing Element RECOMMENDATION The characteristics of the subject property prevent it from being used in the same manner as other properties in the RS -4 zoning district; therefore, staff recommends approval. • • HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need March 25, 1998 Building and Zoning Department City of South Maimi 6130 Sunset Drive South Miami FL 33143 Re: VARIANCE APPLICATION Letter of Intent and Hardship Lot 4, Block 3, Amended Plat of Hamlet PB4 -48, Dade County, FL 6257 S.W. 59 Place, South Miami Dear Sir or Madam: Habitat for Humanaity of Greater Miami requests a front yard setback variance in order to build a three - bedroom home on above property. This property is located in an older neighborhood platted many years ago, and since the required minimum setbacks in the current Land Development Code were established projecting larger minimum lot sizes, a hardship is created in building even a small house on the above lot due to the current setback requirements and the front 10' zoned right -of -way designations. The existing houses in this neighborhood do not comply with the current setback requirements. Miami Habitat requests one variance from the front setback requirement of 25' to allow a 12' front setback which would be consistent with other houses in this area. Thank you for your consideration in this matter Sincerely, Eliz eth A. Mullen Construction Administrator Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 PAR.TES:f �S7SfYrf "? (';xellat'1 of (Phone) and yc�6i/ar� {pr 117417/+, 4f �/z°.t Grp rL'�rarrr% of (Phone) hereby agree that Seller shall sell and Buyer shall buy the following Real Property and Personal Property (collectively'Prope ) upon the following terms and condltio INCLUDE Standards for Real Estate Transactions rStandardis l ") on the reverse side or attached hereto and riders and addenda to this Contract for Sale and Purchase (`C I. DESCRIPTION: �t L /a7 (a) Legal description of Real Properly loo fed ink dQ� County, Florida: i 7 Na MI5 4 , ."B _SCR (b) Street address, city, zip, of the Property Is: G 2511 S. W- —f 4C-c $• P4 (c) Personal Property: A/DuP _.v'LIA/ N. PURCHASE PRICE .............. ............................... PAYMENT: (a) Deposit held In escrow by in the amount of ................. (b) Additional escrow deposit within days after Effective Date (as defined in Paragraph III) In the amount of . ............................... $ (c) Subject to AND assumption of mortgage In good standing in favor of having an approximate present principal balance of ............. ............................... (d) Purchase money mortgage and note (see addendum) In the amount of ........................ (s) Other: (i) Balance to close by U.S. cash, LOCALLY DRAWN certified or cashier's check or third -party loan, subject to adjustments and prorationi.° ` "... $4�C 111. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE- FACSIMILE: II this offer Is not executed by and delivered to all parties OR FACT OF EXECUTION commu writing between the parties on or before .%Adr/Qix � / f9 d the deposits) will, at Buyers option, be returned to Buyer and this oiler withdrawn. The date of Contract M ") will be the date when the last one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures hereon shalt be considered tot as purposes a, IV. FINANCING: (CHECK ONLY ONE): U a fixed: U an adjustable; or U a axed or adjustable rate ban for the principal amount of $ at an Initial interest rate discount and origination fees not to exceed % of the principal amount, and a term of years. Buyer will make application wilhl after Effective Da reasonable diligence to obtain the loan commitment and, thereafter, to satisfy the terms and conditions of the commitment a loan. Buyer shall pay all loan If Buyer falls to obtain the commitment or (ails to waive Buyer's rights under this subparagraph within the I1mgJg&Abftfff1ng the commitment or, after diligent effort, fal the terms and conditions of the commitment, then either party thereafter, by written notice to the o cancel this Contract and Buyer shall be refunded the de) (b) The existing mortgage described In Paragraph 11(c) above has (CHECK ONLY variable interest rate; or U a fixed Interest rate of % per annum. i title transfer some fixed Interest rates are subject to Increase. If Inc a rele shall not exceed % per annum. Seller shall, within days after Ellec furnish a statement from each mortgagee stating prin lie, method of payment, Interest rate and status of mortgage. 11 Buyer has agreed to assume a mortg: requires approval of Buyer by the mortg mptl a uon, then Buyer shall promptly obtain the necessary application and diligently complete and return It to the m shall be paid by Buyer. 11 Buyer is not accepted by mortgagee or the requirements for assumpti( elects to pay the Increase In Interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least days before closing date, but no earlier than days after Seller receives written notification that Buyer has obtaine commitment or been approved for the loan assumption as provided in Paragraphs IV(a) or (b), above, or, If applicable, waived the financing requirements, (CHECK ONLY ONEI shall, at Sellers expense, deliver to Buyer or Buyer's attorney; or U Buyer shall at Buyer's expense obtain, in accordance with Standard A, (CHECK ONLY ONE): U abstract of title Insurance commitment (with legible copies of Instruments listed as exceptions) and, after closing, an owner's policy of title Insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 13- ° unless extended by other provisions of Ibis VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other rsqulremenl by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located c to Real Property lines and not more than 10 feet In width as to the rear or front lines and r 1I2 feet In width as to the side lines, unless otherwise stated herein); taxes for year and subsequent years; assumed mortgages and purchase money mortgages, N arty; (if other matters, see Paragraph XV); provided, that there exists at closing no violation of the and none of them prevents use of the Property for p( VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, If Property is intended to be rented or occupied beyond closing, the fact r thereof shall be slated herein and the Ienant(s) or occupants disclosed pursuant to Standard F. Seller shall deliver occupancy of Property at time of closing unless otherwise stau If occupancy Is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, be deemed to have accepted Property In Its existing condition as of time of faking occupancy unless otherwise stated herein. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conffldl r X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): (a) U COASTAL CONSTRUCTION CONTROL LINE RIDER (e) U INSULATION RIDER (b) U CONDOMINIUM RIDER (I) U -AS IS" RIDER (c) U FHAfVA RIDER (g) U (d) U FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (;;) U XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer U may assign and thereby be released from any further liability under this Contract; U may assign but not be released fro under this Contract; or U may not assign this Contract. XIL TIME: Time Is of the essence of this Contract. XIII. DISCLOSURES: Buyer (CHECK ONLY ONE) U acknowledges: or U does not acknowledge receipt of the Agency/Radon/Compensallon, the Real Property Sales a'ZIAXIMUM arning, and, if applicable, the Mandatory Homeowners' Assocladon disclosures. BUYER'S INITIALS. f REPAIR COSTS: Seller shall not be responsible for the payment of costs In excess of: SU�C� A"- `b for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). 0 d Prey isl arts —O for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). ff h IAL CLAUSES: Il additional space Is required, attach addendum and CHECK HERE U. PQy�' "S ) rind 2 a� kddd HIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approval does not constitute an opinion that any of the terms and conditions In fir;.. Contract should be accepted by the parties In a particular transaction. Terns and condition be negotiated based upon the respective Interests, objectives and bargaining positions of all interested persons. (Buy b I /C ;Ulf (Gate) (S 'e � ad e 2 Qt D v r $ r (Date) Social Security or Tax I.D. 0 Old q Of/W j IUL Social Security or Tax I.D. N 6 — 'C a 5-/ ' 5 (Buyer) (Date) (Seller) (Date) 'octal Security or Tax I.D. It Social Security or Tax I.D. ! wisil under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow KER'S EE: T brokers am w, In ding sling and cooperating brokers, are the only brokers entitled to compensation in connection with this Contract Llstinn Broker__ _-_ -` -- — ADDENDUM TO CONTRACT FOR SALE AND PURCHASE .Sw 6-9 Vet- ram,i Property Address BETWEEN ' 4e &4k f 400""'14- bW1*5 dia cl a as SELLER and HABITAT FOR HUMANITY OF GREATER MIAMI, INC. as BUYER ` *vttnt ; J�y Inspection period. The BUYER, its agents, employees and representatives shall have six*469j-days from the Effective Date of this Contract in which to conduct any investigations N[R "deemed necessary to evaluate the Property all of which shall be at Buyer's sole cost and 11110? expense from and after the Effective Date ( "Inspection Period "). Buyer and its agents, employees and representatives shall have the right during normal business hours to enter on any portion of the Property for the purpose of investigation, discovery and testing including soil testing, hydrological studies, environmental studies or any other inspections Buyer deems necessary or appropriate. Buyer shall have the right to terminate this Contract if Buyer in its sole discretion deems the Property or any portion of it to be unsatisfactory for any reason or purpose whatsoever. Provided however, Buyer may only exercise such right by giving Seller written notice of the termination on or before the last day of the Inspection Period. If Buyer does not give Seller written notice on or before the last day of the Inspection Period of Buyers election to terminate this contract pursuant to the provisions of this paragraph, Buyer shall be deemed to have irrevocably absolutely waived its right to terminate this Contract pursuant to the terms of this paragraph. Buyer shall indemnify Seller against any loss or liability arising as a result of Buyer's investigation of the Property. If this Contract is terminated for any reason whatsoever, then Buyer shall promptly repair any and all physical damage to the Property resulting from the inspection activities of Buyer and its agents, employees and representatives and return the Property to the physical condition it was in prior to the inspections. Z. The obligations of Buyer shall be subject to and contingent upon the approval of its application for funding by Habitat for Humanity International. Buyer agrees to use its best efforts and due diligence in processing -such application. In the event the application is not approved on or before the date of closing, this Contract shall be automatically rescinded and the parties relieved of all further obligations each to the other. ACKNOWLED rED AND ACCEPTED BY BUYER: ACKNOW ED AND ACCEPTED BY SELLER: Print Name: , E• i t ttt K Dir�e7� Print Name; kase tee �v a Date: a Date: ���} no r r V' �o m ?,R, Cl) va r Z U) 0 C 2 m 5 f 0 N O c + �o {P v • fR6PIRTr u� si(y' SOUTH WEST 59th PLACE / I l „ z, Ica= N C� N 10 .y e� w —17or (N O NQ9 w •�V a a .Ap J ,c— N �l SO.00. OD �O a v J a --fix •� �b . y .j !v �• `� m n� L. ��4-n �0 aa�titi �o OhfW Q � i .4S.�HACT I jp �- EB Ica= N C� N 10 .y e� w —17or (N O NQ9 w •�V a a .Ap J ,c— N �l SO.00. OD �O a v J a --fix •� �b no V rh 22 Signatures Required ZONING PETITION CITY OF SOUTH MIAMI 6130 Sunset Drive. 2 "d Floor Fax #: (305) 666 -4591 South Miami. Florida 33143 Phone: (305) 663 -6327 Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following request(s): ITEM: PB -98 -007 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 E of the Land Development Code to allow a twelve foot front setback, where a twenty -five (25) foot setback is required, on property located in the RS -4 "Single Family Residentialr" zoning district. Location: 6257 SW 59 "' Place South Miami, Florida 33143 Zoning Petition Page 1 of 2 Date / ._ Address , u . rA �r vl�hi�1GL� !�'', ...f, MW Zoning Petition Page 1 of 2 ZONING PETITION (Continued from Page 1) Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the request(s) listed on the preceding page. i 1 ME YMM r; FOPIAMME K'I' Zoning Petition Page 2 of 2 ..mono&..� NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive: South Miami. Florida 33143 Phone: (305) 663 -6327: Fax #: (305) 666 -4591 On Tuesday. April 28. 1998. at 7:30 P.M.. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: ITEM: PB -98 -007 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve -foot front setback, where twenty -five feet is required, on property located in the RS-4 "Single Family Residential" zoning district. Location: 6257 SW 59" Place South Miami, Florida 33143 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or tiled in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing. such person will need a record of the proceedings. and for such purpose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. • � q9 y may.• • • • •.. •r ,0 .3 to ps, ��_ �• r n w 1s i• 3 q ••4. n w •• •• r, ral jor •- 60 O1 44 'tr•. I •l° •r I • II r sr y sr • 7 + I l • • '.. I • o.► • r • ., 4-+ • M T I• Af • I y + f + • N ! • Ji +.I +• / +•A I .r N Y M —.w I• •I •A ++ I. w �I w • I to to No 4 0 No loo as - • .j ' �I • � N • N, r. � •I ar .• a► • • • r • . • /Af • d { • so No fit, - -- MAILING AREA APPLICANT: HABITAT FOR HUMANITY OF GREATER MIAMI OWNER: SAME AS ABOVE NORTH ADDRESS: HEARING NUMBER: 6257 SW 59T" PLACE I PB -98 -007 REQUEST: DATE: A VARIANCE FROM SECTION 20 -3.5 (E) TO APRIL 28, 1998 ALLOW A 12 -FOOT FRONT SETBACK 11 CITY OF SOUTH MIAMI I PLANNING BOARD r v SUMMARY MINUTES REGULAR MEETING PLANNING BOARD Tuesday, April 28, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order at approximately 7:32 p.m. II. Roll Call A. Board members present constituting a quorum 1. Ms. Pages, Mr. Basu, Mr. Morton, Ms. Chimelis, Mr. Lefley, and Mr. Wiscombe B. Board member absent 1. Ms. Thorner C. City staff present 1. Greg Oravec (Acting Planning & Zoning Director); and David Struder (Board Secretary) D. Opening remarks 1. In his opening remarks, Mr. Pages thanked Anna Dupree for her services rendered to the Board as a member and welcomed Randy Wiscombe as the newest member of the Board. III. Public Hearings A. ITEM: PB -98 -007 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve -foot front setback, where twenty -five feet is required, on property located in the RS -4 "Single Family Residential" zoning district. Location: 6257 SW 59"' Place South Miami, Florida 33143 1. Mr. Basu read the request into the record. PB Min 04 -28 -98 2. Staff presented the item to the Board, reviewing an inter - office memorandum entitled Habitat for Humanity Request for Variance and included for the Board's reference. 3. Staff noted that, as the subject property has particular qualities that prevent it from being used as other properties in the same zoning district (RS -4), approval of the request is recommended. 4. The Board reviewed the application. a. Mr. Basu spoke of the City performing a study of the area in which the subject property is located, in order to draft a "modification" of existing zoning for the area. b. Staff explained that, under the guidance of former director Mr. Bill Mackey, FIU graduate students had performed a comparable study, resulting in the recommendation of an administrative waiver process, similar to that which the City has already established. c. Staff noted that the application being considered tonight does not meet the minimum front setback permitted under the City's administrative waiver process and, therefore, a variance is requested. d. Mr. Basu reiterated that the zoning code may need to be reviewed to establish what may be more acceptable zoning standards for the specific area. e. Ms. Chimelis suggested that the variance be granted for the rear setback, as opposed to the front, involving the 25 feet proposed for that particular setback. f. Staff responded that, following consideration of the issues involved, the Board could make such a recommendation involving the rear setback, if it so desired. 5. Ms. Elizabeth Mullen, of Habitat for Humanity, signed in to speak before the Board. a. Ms. Mullen gave background information involving Habitat for Humanity and its goals and objectives, such as providing housing to people in need. b. Ms. Mullen related that, in making plans for the new structure, a smaller rear setback had been given consideration, but was withdrawn as a larger back yard is considered to enhance a family's lifestyle. c. Ms. Mullen noted Habitat for Humanity's criteria involved in planning to build three bedroom/one bath residences, such as the one intended for the subject property, and to construct four bedroom/two bath homes. PB Min 04 -28 -98 2 6. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. In regard to earlier remarks involving review of the zoning code, Mr. Tucker concurred that a study may be advisable for that particular area of the City. 7. Public hearing was closed. 8. Motion: Mr. Morton moved approval of the application as presented. Mr. Lefley seconded the motion. 9. Following formulation of the motion, the Board spoke of and concurred with the suggestion to review the City's zoning regulations applicable to that particular area, perhaps in a Planning Board workshop to be scheduled at a future date. 10. The Board then voted on the matter. 11. Vote: Approved 6 Disapproved: 0 IV. Approval of Minutes A. The Board duly voted on and approved the minutes for April 14, 1998, as submitted. B. Vote: Approved 6 V. Remarks A. FPZA workshop Disapproved: 0 1. Board members who went to the FPZA workshop held on Saturday, April 25, 1998, concurred that it had been beneficial and informative for attendees. B. Mr. Pages' letter 1. Mr. Pages read the letter he authored into the record, in which he (1) requests that a Planning Board workshop with the City Attorney be arranged; (2) suggests that a workshop with the staff of the Planning & Zoning Department be held; and (3) proposes that the 50th anniversary of the Planning Board be recognized. PB Min 04 -28 -98 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING MAY 19, 1998 inthe .. .................... 1#=. XXX....................................... Court, was published in said newspaper In the Issues of May 8, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affient further says that she has neither paid nor promised any person, firm or corporation any discount bate, commission or r the purpose of securi5fijithis advertisemegoj publics on in the said Sw o and su tribe me this 8 gg day --------------- ..y,.....,4....... ...A.D.19...... (SEAL) (-,-/ Octelma V. Ferbeyre personally known to me. CITY OR SOUTH MIAMI . NOTICE OF PUBLIC NEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, May 19, 1998 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: e A= VARIANCE FROM SECTION 20-3.5 (E)- OF THE LAND DEVELOPMENT ' CODE TO ALLOW A TWELVE- FOOT FRONT SETBACK;: WHERE TWENTY -FIVE FEET IS REQUIRED, ION PROPERTY LOCATED 1N THE- RS-4 'SINGLE FAMILY RESIDENTIAL' ZONING DISTRICT, SPECIFICALLY LOCATED AT 6257 SW 59TH PLACE; SOUTH MIAMI, FLORIDA 33143. Inquiries concerning this item should be directed to the Planning 5' Zoning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the 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 proceed- ings', and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in dudes the testimony and evidence upon which the appeal is to be based. - 5✓8 98-MS0842M po OFFICIAL NOTARY SEAL • ........ eG JANETT LLERENA COMMISSION NUMBER ? Q CC566004 2 O 7 MY COMMISSION EXFiRES Or F\.0 JUNE 23.2000 M TO: Mayor & CommissicM DATE: May 13, 1998 The lease is for a twelve-month period, at $1,000.00 a month, for a total of $12,000. Funds have been identified from account number 114-2000- 572.4400, ""Community Development Grant — Office Rental". Commission scurr leasing 98 I Resolution No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 5 INTO A LEASE AGREEMENT WITH MR. GERALD COX, OWNER, OF THE 6 PROPERTY AT 5871 SW 67 STREET, SOUTH MIAMI, FLORIDA 33143 FOR 7 $1,000.00 PER MONTH TO PROVIDE SHELTER AND BATHROOM FACILITIES 8 FOR THE CHILDREN WHO PARTICIPATE IN RECREATION ACTIVITIES 9 LOCATED AT MURRAY PARK; AND CHARGING THE DISBURSEMENT TO 10 ACCOUNT NUMBER 114 -2000- 572.4400, "COMMUNITY DEVELOPMENT 11 GRANT - OFFICE RENTAL ", PROVIDING AN EFFECTIVE DATE. I2 13 14 15 16 WHEREAS, The construction of the Multi- purpose Center at Murray Park is in its' 17 preliminary stage; and 18 19 WHEREAS, The existing structure at Murray Park has been deemed unsafe; and 20 21 WHEREAS, A resolution to demolish the existing structure has been 22 unanimously approved on May 5, 1995, resolution (# 130 -98- 10398); and 23 24 WHEREAS, The best temporary solution will be to rent a three (3) bedroom, 25 two (2) bathroom facility located across from Murray Park; and 26 27 WHEREAS, The lease will be for a twelve -month period, at $1,000.00 a month, 28 for a total of $12,000 charged to 114- 2000 - 572.4400, "Community Development Grant — 29 Office Rental ". 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 City Manager is authorized to enter into a lease agreement 35 with Mr. Gerald Cox, known as owner, of the property located at 5871 SW 67 Street, 36 South Miami, Florida 33143. 37 38 Section 2. Payment of monthly rental fee of $1,000.00 shall be disbursed 39 from account number 114- 2000 - 572.4400, "Community Development Grant — Office 40 Rental ". 41 42 43 44 45 46 47 48 /07 l 2 3 4 5 0 7 8 g 10 ll 12 13 14 15 ld 17 18 ly 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 40 49 50 51 52 B 54 55 56 57 58 59 Section 3. This resolution shall take effect immediately upon,approval. PASSED AND ADOPTED this day of May, }QQ8. ATTEST: APPROVED: CITY ATTORNEY Lease Cox property 98 /01 ............ Charles D. Scurr City Manager 6130 Sunset Drive South Miami, Florida 33143 U.S. Department of Justice United States Attorney Southern District of Florida 99 N.E. 4 Street Miami, FZ 33132 (305) 961 -9000 1.' May 12, 1998 © .� Re: Racial Flvers in South Miami Dear Mr. Scurr: L� I am in receipt of your letter, dated April 28, 1998, in which you request that the U.S. Attorney's Office commence an investigation into the distribution of racially derogatory flyers and letters in South Miami last fall and this spring. The U.S. Attorney's Office is aware of the incidents you describe in your letter and already has taken steps to carefully evaluate the matter. This office's civil rights section will incorporate the materials you attached to your letter in its review of the flyer incidents. Please be assured that if the evidence establishes a prosecutable violation of the federal civil rights statutes, appropriate action will be taken. In addition, the civil rights section is in close contact with the Community Relations Service of the Department of Justice regarding this incident. The Department of Justice is committed to assisting in the larger effort in South Miami to address the community's collective concerns that have arisen over the distribution of the racist materials. I appreciate your expression of interest in s matter. Since y, THO� E.�SCO�T / UNI ST TES TORNEY cc: Guy A. Lewis John O'Sullivan Michael McAuliffe RDLE Florida department of Law Enforoement WOW of Cr1mIMl 72h N.W. !i 8 Inveedo„lon tmN Mleml, Florfdm Jamee T. "Tim" Moore MNmI IO OpenOng eur nau (306) 4MI500 Commissioner germ 49MON fu /(706) 47046tf May 19, 1998 Charles D. Scurr, City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Scurr: I am in receipt of your letter of April 28, 1998 regarding the dissemination of racially offensive material within the City of South Miami from late 1997 through the city election held in February of 1998. Your letter requested the assistance of the Florida Department of Law Enforcement (FDLE), as well as other state and federal law enforcement agencies, to conduct a criminal investigation into this matter. I, along with FDLE legal counsel, have reviewed the materials which you provided that were apparently forwarded to certain individuals via facsimile, placed in mailboxes, as well as circulated by other means. While 1 share your outrage at the public dissemination of such racially offensive material, unfortunately it appears that no state criminal laws have been violated, as the content of the material is protected free speech. As such, please be advised that FDLE will not be able to assist you with a criminal investigation into this matter. Should any new developments arise, or if you wish to discuss this matter further, please do not hesitate to contact me. Sincerely, T. Moore Operations Center ** *END * ** h SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Mr. Charles Scurr, Interim City Manager FROM: Cokes Wats �* Chief of Police DATE: May 14, 1998 SUBJECT: Downtown Traffic Congestion a/ oic l�� In response to the ancillary problems associated with the traffic congestion in the downtown area, I directed Capt. Mills of the Police Department's Uniform Division to prepare a plan utilizing a team of patrol officers to specifically address the specific areas of concern. The identified areas of concern are as follows: 1. Congestion on Sunset Drive causing blocked intersections and unacceptable traffic delays. 2. Increased volume of traffic and the increase of traffic violations on the commercial and residential streets south of Sunset Drive. 3. Traffic violations (particularly speeding) on S.W. 80 St. 4. Traffic violations (particularly speeding) in the side streets near Epiphany Church, especially during the morning school zone hours. Capt. Mills solicited input from patrol officers. The response from the officers (M. D'Angelo and C. Alvarez) is indicative of the fact that they are very familiar with the problems at hand. Their suggestion, with some minor modifications by Capt. Mills, will be implemented beginning Monday, May 18, 1998. The plan consists of a detail of four officers working specific three hour time periods during each day of the week. Initially, the IVX hours of operation will be as follows: Monday 12 Noon to 3:00 p.m. Tuesday 3:00 p.m. to 6:00 p.m. Wednesday 3:00 p.m. to 6:00 p.m. Thursday 7:00 a.m. to 10:00 a.m. Friday 7:00 a.m. to 10:00 a.m. These times were selected to have a substantial impact during the hours of most need, combined with evaluating our manpower resources to minimize overtime expenditures. However, whenever staffing of this detail causes personnel resources to fall below our minimum road staffing level, overtime will be utilized. The officers will be primarily based on S.W. 73 St. from 57 Av. to U.S. 1. The officers will set up at various intersections along this stretch of S.W. 73 St. From this centralized location they will break off at specific intervals to focus on the congestion at S.W. 72 St /58 Av. or the violations that occur on the avenues that run south from the area (58 Av. & 59 Av.) . At least once a week an officer will break off to provide enforcement in the school zone areas on S.W. 83 and 84 St in the '5700 blocks. At other intervals officers will provide enforcement activities regarding speeders on S.W. 80 St. The primary focus of this detail will be to promote safety and reduce hazardous moving violations. The officers will also be focusing on relieving the traffic congestion whenever possible and assisting motorists in any ways possible. The officers will remain cognizant of the fact that much of the congestion and traffic violations are due to motorists who are simply not aware of the congestion in the area and not familiar with alternate routes. Sensitivity and compassion will be of paramount importance. This program, which is in addition to the normal daily patrol activities, will provide a very visible presence of city resources to respond to the traffic problem. As you know, we have recently received delivery of the radar trailer which will monitor and inform motorists of speed violations without the necessity of having an officer present. This will also increase our visibility as relates to traffic enforcement. Upon the initiation of this program next week, we encourage any comments or suggestions for improvement. CW /mm /esw X05 266 3761 �, I'lidY. ii. 1'JyH 11 =1YWM ML HPRRY R;%.AX' I NOURAVZOOM May 8, 1998 David K. Goodin Public Works Department City of South Miami 4795 SW 75" Avenue South Miami, Florida 33155 Re: Sunset Drive Development Area Transportation Analysis Task 2 - Data Collection Executive Summary Dear David: o �a I t',' 4 G R'' OFFICE MCHarry Associates is pleased tv submit the completed Task Z- lute collodion component of our Sunset Drive Development Area Transportation Study for the City of :+oath Miami, The study has been developed in collaboration with our traffic engineering consultant. KI coley -Hom and Associates. Inc. The principal intent of Task 2 has been to obtain afbemoon peak ho ur thmA afilc and tuming volume counts at eight key intersections in and around South Miami's cent{ it business district (CBD), for the purpose of confirming the qualitative assessment arrived at through Sur prior Task 1 analysis of three previous traffic studies conducted by others. As you know. Task i it dicaied that: j Utilizing the Bermello -Ajamil 1994 DRI study projections for 1(88 tmft volume. appl "red to that portion of Sunset Drive between US -1 and Red Rc a 1d, it is apparent that the corresponding intersections with US -1, 58111 Street, and Rec Road will not be able to adequately satisfy the expected increase in when recont guyed to meet Hometown Plan objectives; and fiat fallure to mltlgate IcapacKy short tills on Sunset Drive with improvements to acceptable alternative ro dways will likely result in undesirable diversion of trraffio to adjacent neighborhood roadways to the, south. j Accordingly, relevant traffic counts were obtained of April 23. 1998 by KHA for their assessment. A summary of their approach and method, and their observations and quantitative assessment fallow, 1. Sunset Drive data collected. via visual field. measure. was c )npared directly with B&Ns 19914 projections for 1998 traffic volumes at the three 4-way lnten cectlons located on Sunset Drive (US 1, Sf101 Avenue. and Red Road). The April 23 traffic courts were generally equivalent to they B&A projections with the following enceptior�s: Good newel The east bound traffic movements thm h the US 1 intersection were observed to be significantly less than the R&,A prgjectlons Presumably ttw� citys program to dlvett traffic (passing through the C60 destined far north Pound US 1) to i V Street is the mitigating factor. j Bad News! The west hound left turn traffic movements from Sunset Drive onto Red Road were signil icantty higher than the 6&A projections, perhaps due", to the emerging Msftftns unposed by the Home Town Plan roadway configuration on west bound Sunset Dr ve tsfFic movement. Good Newel The west bound through traffic on Sunset Drive is subsWritie ly less than the S &A ectloMs. presumably a reflection of the increiased teft;tum movement;; at the Red Road intersection. ■ P_ 1 7- a W s ca e 6 �s a MAY. 9.1998 11= 20AM MC HWPY O55OC NO. VSb N. L'- 2.24 hour mechanical 'tube' counts were also obtained at tie four intersections on SW 7310 Street between, and including, Red Road and 581A Court. It v as observed that the east bound traffic counts totaled 2856 vehicles. and the west bound traffic counts for the same dme period totaled 5782 vehicles. more than twice the eat bound volume. Evaluation of this data suggests the following: Good newst West bound traffic on Sunset Drive between US 1 and Rot Road is being diverted, at feast partially, to 7V Street, with a corresponding reduction in Sunset Drive congestion. Bad NMI Traffc congestion on 731" Street is significant and will most frk Ay grow as implementation of the f' Home Town Plan roadway configuration continues on Suns n Drive. 3. Intersection analysis was also conducted for each four -w; .y intersection located on Sunset Drive between US t and Red Road utOWng 'hlghway capa14' software'. KHA's April 2310 traffic counts were used as background volumes in conjunction w (ttr the 1994 B&A projections for Shops of Sunset 1998 traffic volume. This data was applied I o both the existing five lane, and j the new Hometown Plan (khree lanes roadway configurations, for direct comparison_ Summary conclusions follow. Bad nowsl The north bound traffic movements on Red Road passing 0 trough the existing Sunset Drive Intersection exceed available capacity. Bad newel The west bound Sunset Drive traffic movements passing through the existing Red Road intersection also exceed available capacity. Bad news) The south bound traffic on US 1 passing through the existing 4;upset DrIn lnbar5ectfon exceeds current capacity. Conclusion Traffic problems exist today. Continued implementation of the Hometown Plan geometry on Sunset Drive will aggravate current traffic problems. All®mative improvements to CBD roadway geometry and traffic signal phasingttiming can achieve measurable relief. Accordingly, the IVICHarry Team recommends that a Task 3 study ze authorized for the purpose of developing alternative improvement concepts which will achieve a balance between the competing interests of the Homecawn Plan streeiscape environment and optimu n traffic flow_ Please let us know how you wish us to proceed. Sincerely, M. Haery Assv s. lne. s M. Carlson, Principal attachment - KHA backup document MAYOR: Julio Robaina INTERIM CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: June 2, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: June 9, 1998 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLORIDA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. "Certificates of Appreciation" a. Miami Children's Film Festival winners for South Miami Senior High School b. 1998 Checker Tournament Winners ITEMS FOR THE COMMISSION'S CONSIDERATION: 2. Approval of Minutes: Regular City Commission Minutes - May 5, 1998 3. City Manager's Report: 4. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - June 2, 1998 CONSENT AGENDA 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMISSION ON THE STATUS OF WOMEN; APPOINTING KALENTIA NUNNALLY AND LISSETTE RAMIREZ FARINELLI TO SERVE FOR UNEXPIRED TERMS ENDING JUNE 2, 1999 OR UNTIL A SUCCESSOR DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CABLE REVIEW COMMITTEE; APPOINTING HENRY BARROW TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANTS ADVISORY COMMITTEE; APPOINTING MARK A. HEBERT TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING BRUCE HOFFMANN AND CATHERINE MCCANN TO SERVE FOR TWO YEAR TERMS ENDING JUNE 2, 2000 OR UNTIL A'SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE REVISION COMMISSION; PROVIDING FOR APPOINTMENT OF AUBREY RUDD TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 10. 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 RISCO PRODUCTS OF SOUTH FLORIDA RELATING TO THE DISBURSEMENT OF THE SUM OF $1,049.40 FOR THE ANNUAL MAINTENANCE CONTRACT. REGULAR CITY COMMISSION 2 AGENDA - June 2, 1998 THIS SUM WILL BE CHARGED TO 1320- 513 -4620 (REPAIR /MAINTENANCE OPERATING EQUIPMENT) (Administration) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S) PUBLIC HEARING (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT GENERAL," PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A09, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; 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 A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT GENERAL," PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A15, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; 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 A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT GENERAL," PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE B01, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,000.00 TO MANUEL DIAZ FARMS, INC. FOR THE PURCHASE AND PLANTING OF FIFTY (50) LIVE OAK TREES CITY WIDE AND CHARGING THE REGULAR CITY COMMISSION 3 AGENDA - June 2, 1998 DISBURSEMENT TO ACCOUNT NO. 01- 1750 -519 -4625, "LANDSCAPE MAINTENANCE." (Administration) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE POLICE DEPARTMENT TO ENTER INTO A PROGRAM WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO TO COMBAT THE EASE WITH WHICH JUVENILES CAN OBTAIN CIGARETTES AND ALCOHOLIC BEVERAGES; TO EXECUTE SUCH CONTRACTS BOTH NOW AND IN THE FUTURE, SO THAT ALL COSTS FOR SALARIES AND EXPENSES FOR SUCH PARTICIPATION ARE FULLY REIMBURSED BY THE STATE. (Administration /Police Dept.) 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HEALTH CARE, SUPPORTING EQUAL ACCESS QUALITY MEDICAL CARE FOR ALL RESIDENTS; PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Russell) 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE EXECUTION BY THE CITY MANAGER OF AN INTERIM LEASE, INCLUDING OPTIONS TO RENEW TOGETHER WITH SUCH MODIFICATIONS, CHANGES AND AMENDMENTS DEEMED REASONABLE AND NECESSARY BY THE CITY MANAGER OR HIS DESIGNEE IN SUBSTANTIALLY THE FORM OF THE LEAS ATTACHED HERETO AS "EXHIBIT All BETWEEN MIAMI -DADE COUNTY PUBLIC SCHOOL DISTRICT AND THE CITY OF SOUTH MIAMI, FLORIDA, TO PROVIDE CLASSROOM AND RELATED FACILITIES TO ACCOMMODATE THE CITY OF SOUTH MIAMI YOUTH ACADEMY, APPROVING LEASE PAYMENTS IN AN AMOUNT EQUAL TO THREE THOUSAND DOLLARS PER MONTH AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /Office of Dev.) 3/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $23,000.00 RECIO LANDSCAPING, INC. FOR LANDSCAPE IMPROVEMENT SERVICES ALONG THE US I HIGHWAY MEDIAN AND CHARGING THE DISBURSEMENT TO GENERAL FUND ACCOUNT NO. 001- 0000 -155- 0000, "PRE -PAID EXPENSE". (Administration) 3/5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 4 AGENDA - June 2, 1998 MANAGER TO AUTHORIZE PAYMENT TO M.C. HARRY & ASSOCIATES, INC., FROM ACCOUNT NO. 112 - 1730 - 519.3450 "LOCAL OPTION GAS TAX TRUST FUND CONTRACTUAL ACCOUNT" FOR SERVICES RELATED TO A COMPREHENSIVE TRAFFIC ANALYSIS OF THE CITY'S DOWNTOWN DISTRICT; AND PROVIDING FOR AN APPROPRIATION OF $25,000 FROM THE LOCAL OPTION GAS TAX CASH CARRYOVER TO THIS ACCOUNT. (Administration /Public Works) 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN SIGNING A "TURF AND LANDSCAPE MAINTENANCE MEMORANDUM AGREEMENT" WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. (Administration /Public Works) 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $3,300.00 TO THE MIAMI -DADE WATER AND SEWER DEPARTMENT FOR THE SUNSET DRIVE IRRIGATION SYSTEM CONNECTION FEES, AND CHARGING THE DISBURSEMENT TO "LOCAL OPTION GAS TAX INFRASTRUCTURE PROJECTS ", ACCOUNT NO. 112- 1730 -541- 6270 (Administration /Public Works) 3/5 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SET USA, FOR RESURFACING OF THREE (3) TENNIS COURTS AT DANTE FASCELL PARK DUE TO EROSION OF THE COURTS SURFACE, CAUSING AN IMBALANCE OF THE LEVEL OF THE TENNIS COURTS CREATING EXTENSIVE SURFACE PROBLEMS AND SAFETY ISSUES; PROVIDING FOR DISBURSEMENT FROM ACCOUNT #001- 2000 -572- 4690, "MAINTENANCE REPAIR - TENNIS FACILITY." (Administration /Parks -& Rec.) 3/5 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $1,817.00 TO FLORIDA POWER & LIGHT TO ESTABLISH ELECTRICAL SERVICE CONNECTION FOR THE SUNSET DRIVE IMPROVEMENTS AREA ELECTRICAL INFRASTRUCTURE AND CHARGING THE DISBURSEMENT TO "LOCAL OPTION GAS TAX INFRASTRUCTURE PROJECTS," ACCOUNT NO. 112 - 1730 -541 -6270 (Administration /Public Works) 3/5 REGULAR CITY COMMISSION 5 AGENDA - June 2, 1998 ORDINANCE (S) FIRST READING 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; AMENDING ORDINANCE NO. 2 -98 -1650 IN ORDER TO PROVIDE FOR A 90 -DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS, THEREBY ENABLING THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Administration /P &Z) 4/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 6 AGENDA - June 2, 1998 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/29/98 AGENDA ITEM 4 FROM: Charles D. Scurr 2 A, Comm. Mtg. 6/2/98 Interim City Manager J� BOARD & COMMITTEE v APPOINTMENT(S) Mayor Robaina sponsored the attached resolution, which appoints Kalenthia Nunnally and Lissette Ramierz Farinelli to on the Commission on the Status of Women for unexpired terms ending June 2, 1999. or until successors are duly appointed and qualified. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSION ON THE 5 STATUS OF WOMEN; APPOINTING KALENTHIA NUNNALLY AND 6 LISSETTE RAMIERZ FARINELLI TO SERVE FOR UNEXPIRED TERMS ENDING 7 JUNE 2, 1999 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND 8 QUALIFIED. 9 10 11 Whereas, The Mayor and City Commission recognize the important 12 contributions made by those who serve on the various city boards and 13 committees, and wish to appoint a full complement to each of the active 14 boards and committees; and 15 16 Whereas, The City Commission desires to appoint Kalenthia Nunnally and 17 Lissette Ramierz Farinelli to serve on the Commission on the Status of Women 18 until June 2,1.999 or until successors are duly appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1. The City Commission hereby appoints Kalenthia Nunnally and 24 Lissette Ramierz Farinelli to serve on the Commission on the Status of Women. 25 26 Section 2. The expiration date of these appointments shall expire on June 2, 27 1.9.99, or until successors are duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately upon approval. 30 31 PASSED and ADPOPTED this 2nd day of June, 1998. 32 33 Attest: Approved 34 35 36 City Clerk Mayor 37 COMMISSION VOTE: 38 Read and approved as to form: Mayor Robaina: 39 Vice Mayor Oliveros: 40 Commissioner Russell 41 City Attorney Commissioner Feliu: 42 Commissioner Bethel my CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name 2. 3. 4. 5. 6. 7. Home Busi Busi Home Phones • (x(15 7 Business Phone L6 : 14 �S Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in th ity? Yes No Signatur L ff( � Date 15 24 q 0 RESUMES WILL REMAZN ON FILE FOR ONE YEAR CAREER. LIS'SETXE RAMMZ VARINELLLI 5890 S. V. 74TH. TERRACE 05F MIAMI, FLORIDA 33143 (3115} 663 -1521 =b:L4U TEACHXR To gnin additional Kills and experience in the area of Elemt. Education in order to eacell as an educator. EDUCATION. MASTERS - E=J;XJ "Y ZDV.CA. N NOVA UNIVERS1T1r Miami, Florida - November 1944 Grade Point Average: 3.9 EXPERIENCE: FLORIDA, T. iTE[INATIONAL UNIMRS)MY Miami, Florida - April 1994 Grade Point Average: 3.7 A`ice �L" &L T K 11 [ .7 - r Lrj LPL Gl \ L M R j MW II DA►DE WMMUNnY COLLEGE Miami, Florida - August 1989 SUNSET ELEMENTARY, MIAMI, MORi.DA► 1 1- PRESENT Responsibilities include planning. coordinating and evaluating material for students. Grade Level Chairperson during 1"7 -1998. Science Fair Chairperson 1945 to p esertt. FORD FOUNDATION TEACHER SUNSET ELEMENTARY, MIAMI, VWRIDA X 89- 19'9(1 Responsibilities include planning, coordinating implementing and evaluating curmcalum objectives for grade levels three and tour as a teacher on special assignment. Eo D E RA1WN S 1rNT JL C = SUNSET ELEMENTARY, MIAMI, FWRIDA 1099-19" Scholarship consisting of one full year in a classroom. Intensive braining in classroom managemeat, organixsti nal skills, lesson planning, and teaching techniques. Recognized strengths include dependability, creativity, high ethical standards, willingness to tape initiative, teams worker, and the ability to relate well to children. C- OMNIUNIW Member of the South Miami Merchants Associ tion. Present owner EXPERIENCE of Trattoria Sole and Trattoria Luna. Paricipa 'on in local community activities. zo' d GZeZ 999 r Wa la 13S ns 90= t T 96 -0Z-X'eW CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission '141 FROM: Charles D. Scurr Interim City Manager ZZ DATE: 5/29/98 AGENDA ITEM # Comm. Mtg. 6/2/98 BOARD & COMMITTEE APPOINTMENT(S) Mayor Robaina sponsored the attached resoiution, wnicn appoinL3 Henry Barrow to on the Cable Review Committee for a two year term ending June 2, 2000 or until a successor is duly appointed and qualified. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CABLE REVIEW COMMITTEE; APPOINTING HENRY BARROW TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING FOR AN EFFECTIVE DATE. Whereas, The Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and Whereas, The City Commission desires to appoint Henry Barrow to serve on the Cable Review Committee until June 2, 2000 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Henry Barrow to serve on the Cable Review Committee. Section 2. The expiration date of this appointment shall expire on June 2, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED and ADPOPTED this 2nd day of June, 1998. Attest: Approved City Clerk Read and approved as to form: City Attorney Mayor COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell Commissioner Feliu: Commissioner Bethel n' �YJ CITY OF SOUTH MIAMr C'�,J-a a'P Ph (305) 663 -6340 6130 Sunset Drive Fax (305) 663 -6348 South Miami., FL 33143 CITY BOARD /COMMITTEE APPLICATION 1. Name 171 =iVR� please print; 2. HomeAddress 3. Business 4. Business Address 5 (.� `3 g . Home Phone �C� � " �� Business Phone c 6 . Educational Barrc''kg5�raound 7. community services _......._..._ ... _ .._.. 8. Are you a registered voter? g. Are you a resident of the City? 10. Do you have a business in the City? ature • / -� " Sign , Yesi No Yes NO_____ Yea, NO Date �n J gggq ao WILL REXA= ON FZLS FOR ONS YEAR TO:MAYOR JULIO ROBAINA FROM:HENRY BARROW I ENVISION THE SOUTH MIAMI CABLE CHANNEL BECOMING A REAL SERVICE TO THE CITIZENS AND MERCHANTS OF SOUTH MIAMI. THE FIRST THING I SEE... AFTER TECHNICAL PROBLEMS ARE WORKED OUT ... IS THE USE OF THE CHANNEL BY THE MAYOR AND COMMISSIONERS. THE MAYOR SHOULD HAVE 30 MINUTES A WEEK TO ADDRESS THE CITIZENS. EACH COMMISSIONER WOULD ALSO HAVE THAT MUCH TIME SET ASIDE. I HAVE MANY IDEAS ABOUT HOW THAT TIME SHOULD BE UTILIZED AND WE CAN DISCUSS THAT. THE CHANNEL SHOULD ALSO FEATURE OUR MERCHANTS. A CAMERA COULD BE TAKEN TO A COUPLE OF DIFFERENT BUSINESSES EACH WEEK AND THE OWNER OR MANAGER INTERVIEWED AND THAT WOULD INFORM THE COMMUNITY AND ASSIST THE MERCHANTS. ANOTHER THING WE COULD DO IS TELEVISE ALL THE SOUTH MIAMI HIGH SCHOOL FOOTBALL GAMES ON A DELAYED BASIS. THAT WAY... THE KIDS COULD SEE THEIR TEAM AND THEIR BAND AND CHEERLEADERS ON TV. THE TIME OUTS IN THE GAME COULD BE USED IN AN INNOVATIVE WAY TO INVOLVE THE KIDS IN THE COMMUNITY. MORE ABOUT THAT WHEN WE TALK. I ALSO ENVISION THE CHANNEL BEING USED TO EDUCATE OUR CITIZENS ABOUT THE HISTORY OF SOUTH MIAMI THROUGH INTERVIEWS WITH PEOPLE WHO HAVE LIVED HERE FOR MANY YEARS AND WHO ARE OUR PIONEERS. OUR CHANNEL SHOULD BE USED TO BROADCAST ELECTION RESULTS. DEBATES SHOULD BE STAGED STRICTLY FOR THE T -V AUDIENCE ... NOT JUST TAPED AT A PUBLIC DEBATE. I SEE NO REASON WHY YOU COULD NOT GET TECHNICAL HELP FOR THE CHANNEL FROM THE UNIVERSITY OF MIAMI COMMUNICATIONS SCHOOL IN THE FORM OF AN INTERNSHIP PROGRAM... AND FROM LOCAL HIGH SCHOOLS WHICH HAVE PROGRAMS TRAINING YOUNG PEOPLE IN TV. FINALLY ... I WOULD BE WILLING TO LEND MY SERVICES FOR CONDUCTING INTERVIEWS AND PRODUCING PROGAMS WHEN TIME PERMITS. SOUTH MIAMI NEEDS TO CATCH UP WITH OTHER COMMUNITIES AND USE ITS TELEVISION CHANNEL TO INFORM... EDUCATE AND ENTERTAIN ITS CITIZENS. YOU ARE INTO THE GRASSROOTS APPROACH... AND NOTHING IS MORE GRASSROOTS THAN GOING INTO PEOPLES' LIVING ROOMS AND CHATTING WITH THEM. WE MIGHT EVEN CONDUCT A CALL IN PROGRAM ONCE A MONTH WITH YOU AND THE COMMISSIONERS ANSWERING QUESTIONS FROM THE CITIZENS. I HAVE MUCH MORE TO SAY ON THESE IDEAS ... BUT THAT IS FOR A FACE TO FACE MEETING. �l Biography - Henry Barrow Born in South Florida ... Henry Barrow has lived his entire life as a citizen of the city of South Miami, where his father was mayor in the late 1940's. He is a product of Coral Gables High School ... where he is a member of the Hall of Fame. He was also inducted into the University of Miami Band of the Hour Hall of Fame at homecoming ceremonies in 1994. He is a member of Phi Mu Alpha and Iron Arrow. While at the University of Miami...Henry was one of the founders, in the early 50's, of the Jazz Lab Orchestra... an outgrowth of the Fred Ashe Dance Band. While a member of the Band of the Hour ... Henry was selected by Fred McCall to be the band's announcer both for football and concert seasons and as master of ceremonies for the annual band tour. This led to a jazz show on the campus radio station (WIOD FM) and ultimately to a career in broadcasting. Henry spent 29 years as the morning news anchor on WIOD radio in Miami. He has been privileged to interview four U.S. Presidents plus politicians, statesmen, world figures and sports and show business personalities too numerous to list. For 20 of those years he was the color announcer on the Miami Dolphins football network and in that capacity broadcast five Super Bowl games. He was also the color announcer on the Fort Lauderdale Striker soccer network during the heyday of the North American Soccer League. He was able to broadcast one Soccer Bowl...the soccer version of the Super Bowl. Henry also hosted a cable television show, South Florida Sports, for three years. Henry currently does free -lance writing on food and wine and has been talking about wine and food on radio for nearly three decades. He is considered an expert in the field of American wines., and is often consulted about food and wine pairing by restaurants and individuals. In November of 1993, Henry retired after 29 years with WIOD radio. Ten days later he began a new career as news anchor and sidekick on the Mike Reineri morning show on WAXY 790 in Miami. Henry has covered every important news new event to take place in South Florida since beginning as a reporter at Channel 10 in 1961 when it was WLBW -TV. Henry's wife Sandy is also a South Miami native, a Gables high grad, and a Band of the Hour alumnus. Sandy is a member of the Band of the Hour Hall of Fame and a member of Iron Arrow. Sandy is the owner of Granny's Workshop at Cauley Square in the Redland.They have a daughter, Tracey Samantha, who is a singer- actress, and also graduated from Gables. She broke family tradition by attending Florida State University, where she received a degree in Musical Theater. She is now an assistant manager at Beverly Hills Cafe. 6 TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/29/98 AGENDA ITEM # Comm. Mtg. 6/2/98 BOARD & COMMITTEE APPOINTMENT(S) Mayor Robaina sponsored the attached resolution, which appoints Mark A. Hebert to on the Grants Advisory Committee for a two year term ending June 2, 2000 or until a successor is duly appointed and qualified. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS ADVISORY COMMITTEE; APPOINTING MARK A. HEBERT TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING FOR AN EFFECTIVE DATE. Whereas, The Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and Whereas, The City Commission desires to appoint Mark A. Hebert to serve on the Grants Advisory Committee until June 2, 2000 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Mark A. Hebert to serve on the Grants Advisory Committee. Section 2. The expiration date of this appointment shall expire on June 2, 2000 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED and ADPOPTED this 2nd day of June, 1998. Attest: Approved City Clerk Read and approved as to form: City Attorney Mayor COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell Commissioner Feliu: Commissioner Bethel �1 i e 0,06 - goP-TITY OF SOUTH MIAMI 6130 sunset Drive South Miami., FL 33143 1. Name Ph (305) 663 -6340 Fox (30'a) 663+-6348 CITY DOAAD /00KNITTER APPLICATION 2. HomeAddrees (Ouso G E_ 3. Business 4. 5. 6. R" =4 iuOM !1{A�iL GqP Home Phone (p(pi�� Business Phorne (0405 10t)3 7. Comnunity services A4AAt%? s " _ 1W s. Are you a registered voter? y a a ✓ NA 9. Are you a resident of the City? Yes No 10. Do you have (f bu�sine s in the City? yes No f ,i 1(r1i 7 XHs0KEs PzLL JWMA" ON BjrLA P6R Sul YEAR t fd •d E+b�9i^99�A� IIJkiItJ wiLnos .d0 A 11 Wd 0 b: L0 rfH.L 9r CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/29/98 AGENDA ITEM# FROM: Charles D. Scurr Comm. Mtg. 6/2/98 Interim City Manager BOARD &. COMMITTEE APPOINTMENT(S) Mayor Robaina sponsored the attached resolution, which appoints Bruce Hoffmann and Catherine McCann to on the Charter Revision Commission for terms ending June 2, 2000 or until successors are duly appointed and qualified. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CHARTER REVISION COMMISSION; APPOINTING BRUCE HOFFMANN AND CATHERINE MCCANN TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. Whereas, The Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and Whereas, The City Commission desires to appoint Bruce Hoffmann and Catherine McCann to serve on the Charter Revision Commission until June 2, 2000 or until successors are duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission- hereby appoints Bruce Hoffmann and Catherine McCann to serve on the Charter Revision Commission. Section 2. The expiration date of these appointments shall expire on June 2, 2000 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED and ADPOPTED this 2nd day of June, 1998. Attest: Approved City Clerk Read and approved as to form: City Attorney Mayor COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell Commissioner Feliu: Commissioner Bethel 701 RECEIVED MAY i. 1 1998 CITY OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663-6340 South Miami, FL 33143 Fax (305) 663-6348 CXTY BOARD/COMKITTER APPLXCATXON 1. Name (please print) 2. Home Address— �-Vc M (/4A 3. Business /V 444w 10 rF" 4. Business Address—, `1," - 13L.�-) -Z' CZULf-mua 5. Home Phone S- 6. Educational Background 7. community services tV Am S.. Are You a registered voter? Yes 9. Are you a resident of the City? Yes 10. Do you have a business in the city? yes signature Date I r--o fL krj ,4 RUSUX88 WILL RENUm ow ZZW y= 0jrjr rMIX CITY OF SOUTH MM+I .0 inm k, 6130 sunaot Drive Ph ( 305) 663 -6340 South Miami, FL 33113 rax (305) 663 -6348 CITY BOARD /CC)XXITTER APPLXCAT209 1. mama Cl "tlA ea; (please print Roman Addr ~N' 3. sue inesaw'; 4, BUMineas Address ..• �--� �� /p ipme Friane�.�'"r ..... �. .1...... 0. Educational Backaround a. Are you a regixtorad voter? Yeti No 9. Are you a residont of the City? Yes xC,Y„w„�,,,�, 10. no you have a businaas,+i.n they City? Yoe� No�, r. Vet 1 ". d!' ". ff "^} f y„•,•.,.— � {� �•.- :Signatur _ Data 0 e.I-, 1�!! {TMrf;Rlll� �I u�irA.yL.,KiuJ.J i.l •' ^.Ir _• /. � �Nn.w -. .r...+�w+�..w. �+�+ +... -.. - - _- community services V4 L� a,�._ .yt�-N ° /siS `G�� , i cL( •^'3 PfL �°� :, ft CA- a. Are you a regixtorad voter? Yeti No 9. Are you a residont of the City? Yes xC,Y„w„�,,,�, 10. no you have a businaas,+i.n they City? Yoe� No�, r. Vet 1 ". d!' ". ff "^} f y„•,•.,.— � {� �•.- :Signatur _ Data 0 e.I-, CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr fooV7 Interim City Manager DATE: 5/29/98 AGENDA ITEM # Comm. Mtg. 6/2/98 BOARD & COMMITTEE APPOINTMENT(S) Mayor Robaina sponsored the attached resolution, which appoints Aubrey Rudd to on the Code Revision Commission for a two year term ending June 2, 2000 or until a successor is duly appointed and qualified. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE REVISION COMMISSION; APPOINTING AUBREY RUDD TO SERVE FOR A TWO YEAR TERM ENDING JUNE 2, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING FOR AN EFFECTIVE DATE. Whereas, The Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and Whereas, The City Commission desires to appoint Aubrey Rudd to serve on the Code Revision Commission until June 2, 2000 or until a successor are duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Aubrey Rudd to serve on the Code Revision Commission. Section 2. The expiration date of this appointment shall expire on June 2, 2000 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED and ADPOPTED this 2nd day of June, 1998. Attest: Approved City Clerk Read and approved as to form: City Attorney Mayor COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell Commissioner Feliu: Commissioner Bethel g C zoo* Cl 88ov ox n/xl 00.60 E6161190 C CITY OF SOUTIr A"AJWI 6130 5unss'k Drive gouth miami, PX, 33143 m 3- Businerms PYL (3105) 663 --6340 Fs"ax (305) 663 -634$ CITY �OARb /L�'1"TE7� 7ripPLiCATIO2i U �,_ 4 . 8usirx�ss .Auld � 1t//resti 1C 7 's Z� �Q C-- f 5 , scram phori7 - C� C\ l J Bustniess Phor■ta 'G - Eduo stlonfti j Background 7. Cnmmuriit*rvias - .rs ycr+z a req:L% * -*L e-d vet r? Yoz s3o_�_ - Arc you a z.Oside"r- of th* city's Yea X N� lU. Do you have a buairiese in thch city? yes-�� No sigtta�tur� r� 1aat� - � l ` l� RLME& "6ff 1"raz jzs2fAzAw aw Jrrzaff AVON 473irir rteM �Y4£t"i 99sF7 -^z X WV X W H,LnQiS =IO I W B: E3i aPfJ. ,f i— .r.trW CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: May 29, 1998 Agenda Item # From: Mr. Charles Scirr Re: Comm. Mtg. 06/02/98 City Manager Riso Inc. l rus resolution authorizes the City Manager to execute a one year contract with Riso Inc. to perform maintenance and repairs on the Risograph printer located in Central Services. Riso Inc., is the sole source vendor for maintenance on this equipment. Funds for this expense have been provided for in the current fiscal years budget, under account 1320 - 513,46 -20, repair /maintenance- operating equipment in the amount of $1,049.40. I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RISO PRODUCTS OF SOUTH FLORIDA RELATING TO THE DISBURSEMENT OF THE SUM OF $1,049.40 FOR THE ANNUAL MAINTENANCE CONTRACT. THIS SUM WILL BE CHARGED TO 1320-513.4620 (REPAIR/MAINTENANCE OPERATING EQUIPMENT) . WHEREAS, RISO PRODUCTS OF SOUTH FLORIDA is the exclusive provider of the annual service contract for the Risograph printer utilized for printing in the Central Services office. WHEREAS, for the term of this agreement Riso Products of South Florida agrees to perform emergency maintenance inspections, lubricate, clean and repair, at our option, all component parts of the Risograph printer. WHEREAS, the maintenance contract shall be effective May 8, 1998 through May 7, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to disburse the sum of $1,049.40 to Riso Products of Florida for the annual maintenance contract. Section 2. That the disbursement be charged to 1320- 513.4620 (Repair/Maintenance Operating Equipment). 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 Riso, Inc. ,7.32- - 4601 Sheridan St., Suite 100 CUST #- Hollywood, FL 33021 / &' �Sa Phone# 1- 800 - 749 -5135 Fax #(954)964 -1747 SERVICE SUPPORT AGREEMENT CUSTOMER p 1130 JV!1�.................................................. �? / CITY ` ST ZIP TELE In order to help our customers maintain their Riso equipment and accessories in an efficient operating condition, Riso agrees to furnish service and install parts for the Riso equipment described below. .9rr.✓. NEW RECOMMENDED CONTRACT f 59G� 9... 9 ✓5 /a �9../1VW /.. 99.9v ,,3nro, ocr� .. .. .... ....... . .. ..... ..... ... MACHINE SN INSTALLED CONTRACT TYPE NEW AMOUNT NEW COPY ALLOW /' .Z 7 .�.. D7y ......... :. e7; ..... ..............0.031..x...... �sE�i �►.�•vvs�c -aiLL�wc ) NEW BEGIN M TER COST PER COP OVERAGE CHARGE ACCESSORIES COVERED IN AGREEMENT _�V 7- Zl-e --------- - -------------- - - - - - -- - - - -- ------------------------ -------- - - - - -- ACC1 ACC2 ACC3 ACC4 ACC5 THIS AGREEMENT BEGINS ON AND ENDS ON 7- 9 Riso Inc. agrees, during the term of this agreement, to perform emergency maintenance and to inspect, lubricate, clean, repair, at our option, all component parts of the equipment listed above, with the exception of those parts damaged by negligence, abuse, vandalism, accident, acts of nature, use of unauthorized supplies, or due to repairs made by someone other than an authorized Riso representative. If a customer refuses technical phone assistance and the technician finds the problem to be operator caused or operator repairable, their could be ,a charge. for the service call, Comments: I have read and understand the terms and conditions (see back) of this agreement. If I reject this agreement, I understand that l will have to pay for all parts, labor, and repairs on a per call basis after the warranty This agreement is: Accepted CUSTOMER SIGNATU SHAWN N PATTI RISO BRANCH SERVICE MANAGER Declined _ DATE -5-Via- 97 DATE Date Contract Sent service support agreement is not valid until the Branch Service Manager has approved with a signature r Terms and Conditions 1""EN"i'RAL SERVICES 1. Company agrees, subject to the term and conditions hereof, to: a. perform all maintenance (including cleaning, lubrication and ordinary adjustments) necessary to maintain the equipment identified on the reverse side of this agreement in good operating condition; b. provide replacement mechanical and electrical parts for those parts to the equipment which become damaged or worn during the term of the agreement; and 2. Customer agrees to: a. exert reasonable care in the operation of the equipment and to perform the factory recommended customer care and cleaning program described in the operating instructions for the equipment; b. provide all supply items as often as necessary to ensure maximum copy quality and equipment performance; and C. provide all power requirements and environmental Conditions specified in the operating instructions. 3. a. Copies used will be determined from the motor reading made by Customer and/or Company. Customer agrees to accurately complete and return furnished meter cards to Company on a regular and timely basis. b. Copy usages will include any copies which may be made by a Company representative during the performance of maintenance or repair service. 4. a All maintenance and repair calls will be made during Company's normal working hours. Calls requested for other than Companys normal working hours will be charged to Customer at Companys prevailing rate for after hour service. The availability of manpower for after hour service will be determined solely by Company. S. The overhauling and/or rebuilding of the equipment is not provided under the terms of this agreement. No such work will be performed until a written estimate of charges, including parts, transportation, has been submitted to and approved in writing by the Customer. 6. This agreement does not cover any accessory equipment not itemized in the accessory description portion of this agreement. 7. When applicable, federal, state, and local taxes (except taxes based on Company's net income) will be borne by the Customer, 8. Company shall have no obligation hereunder to famish any labor or parts for purposes of repairing damage to or malfunction of the equipment caused by any of the following: (1) abuse, misuse, neglect, use of pads or supplies which do not meet the manufwturer°s specifications or failure to follow the customer maintenance procedures described in the operating instructions for the equipment; (b) fire, flood, fighting or any other act of nature; (c) failure to provide a power supply or an operating environment by anyone other than Company's authorized service personnel. 9. Parts provided under this agreement may be now, serviceable used, or reprogrammable items equivalent to now in performance. 10. CUSTOMERN SOLE REMEDY FOR ANY BREACH BY COMPANY SHALL BE PERFORMANCE OF MAINTENANCE OR REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. COMPANY'S MAXIMUM LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID By CUSTOMER HEREUNDER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS) SUFFERED OR INCURRED BY CUSTOMER OR ANY OTHER PERSON, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING RIGHTS AND REMEDIES OF CUSTOMER ARE IN LIEU OF AND IN EXPRESS IMITATION OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIES, OR ARISING BY OPERATION OF LAW, INCLUDING BUT NOT LMTED TO THE WLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. In no event shall Company be responsible for any delay or failura to perform under this agreement where such delay is due to causes beyond Company's reasonable control. 12. This agreement may be cancelled by either party at any time by thirty (3 0) days advance written notice. The Company will refimd a sum equivalent to a pro rata, portion of any Customer prepayment Less any amount due to Company from Customer. 13. This agreement sets forth the parties' entire agreement as to Company's maintenance of the equipment. All additional and/or different terms are expressly rejected by Company and are excluded from this agreement. No modification to this Agreement shall be binding on Company unless agreed to in writing by a corporate officer of Company. Terms and Conditions UTRVEU,� t `;I=IV`i RAL SEKVICES 1. Company agrees, subject to the terms and conditions hereof, to: a. perform all maintenance (including cleaning, lubrication and ordinary adjustments) necessary to maintain the equipment identified on the reverse side of this agreement in good operating condition; b. provide replacement mechanical and electrical parts for. those parts to the equipment which become damaged or worn during the term of the agreement; and 2. Customer agrees to: a. exert reasonable care in the operation of the equipment and to perform the factory recommended customer care and cleaning program described in the operating instructions for the equipment; b. provide all supply items as often as necessary to ensure maximum copy quality and equipment performance; and C. provide all power requirements and environmental conditions specified in the operating instructions. 3. a. Copies used will be determined from the meter reading made by Customer and/or Company. Customer agrees to accurately complete and return furnished meter cards to Company on a regular and timely basis. b. Copy usages will include any copies which may be made by a Company representative during the performance of maintenance or repair service. 4. a. All maintenance and repair calls will be made during Company's normal working hours. Calls requested for other than Company's normal working hours will be charged to Customer at Company's prevailing rate for after hour service. The availability of manpower for after how service-will be determined solely by Company. S. The overhauling and/or rebuilding of the equipment is not provided under the terms of this agreement. No such work will be performed until a written estimate of charges, including parts, transportation, has been submitted to and approved in writing by the Customer. 6. This agreement does not cover any accessory equipment not itemized in the accessory description portion of this agreement. 7. When applicable, federal, state, and local taxes (except taxes based on Company's net income) will be borne by the Customer. 8. Company shall have no obligation hereunder to furnish any labor or parts for purposes of repairing damage to or malfunction of the equipment caused by any of the following. (1) abuse, misuse, neglect, use of parts or supplies which do not meet the manufacturer's specifications or failure to follow the customer maintenance pmeodures described in the operating instructions for the equipment; (b) fire, flood, lighting or any other act of nature; (c) failure to provide a power supply or an operating environment by anyone other than Company's authorized service personnel. 9. Parts provided under this agreement may be new, serviceable used, or reprogram enable items equivalent to new in performance. 10. CUSTOMERS SOLE REMEDY FOR ANY BREACH BY COMPANY SHALL BE PERFORMANCE OF MAINTENANCE OR REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. COMPANY'S MAXIMUM LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS) SUFFERED OR INCURRED BY CUSTOMER OR ANY OTHER PERSON, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING RIGHTS AND REMEDIES OF CUSTOMER ARE IN LIEU OF AND IN EXPRESS LIMITATION OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIES, OR ARISING BY OPERATION OF LAW, INCLUDING BUT NOT LIFTED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. In no event shall Company be responsible for any delay or failure to perform under this agreement where such delay is due to causes beyond Company's reasonable control. 12. This agreement may be cancelled by either party at any time by thirty (3 0) days advance written notice. The Company will refund a sum equivalent to a pro rata portion of any Customer prepayment less any amount due to Company from Customer. 13. This agreement sets forth the parties' entire agreement as to Company's maintenance of the equipment. All additional and/or different terms are expressly rejected by Company and are excluded from this agreement. No modification to this Agreement shall be binding on Company unless agreed to in writing by a corporate officer of Company. I'll CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: May 27, 1998 fa,�, Agenda Item # From: Charles D. Scuff Re: Comm. Mtg. 06/02/98 City Manager Wilderness Grill Special Use Restaurant REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A09, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 1, 1997, the City Commission approved Resolution No. 64 -97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. On May 5, 1998, the City Commission approved Resolution No. 125 -98- 10393, approving Sega GameWorks' request to operate 5,170 square feet of its facility as a general restaurant. This is the only restaurant within the Shops at Sunset Place that has received the approval of the City Commission to date. However, several applicants requesting special use approval for general restaurants will be before the Commission on June 2nd and 9'. as demonstrated in Table 1. Table 1: Approved and Proposed Restaurants located in the Shops at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4/14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5 /12/98 6/02/98 The Country Store 8,279 Recommendation for approval 5 /12/98 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5 /12/98 6/02/98 Johnny Rockets 2,230 Recommendation for approval 5 /26/98 6/09/98 Total 34,147 Wilderness Grill Restaurant Resolution: June 2, 1998 The applicant, Ogden Entertainment, Incorporated, is requesting a special use permit to operate a restaurant, general, to be called Swampy's Wilderness Grill, at 5701 Sunset Drive, tenant space A09. The area of the tenant space is 13,786 square feet. The applicant proposes to utilize 12,686 square feet as restaurant space and 1,100 square feet as retail space. The restaurant would provide seating for 318 patrons indoors and 32 patrons outdoors. The applicant proposes a unique dining experience, featuring an Everglades theme, American classic and Florida regional cuisine, freshly baked desserts, a full bar, and anticipated operating hours from 11:00 a.m. to 1:00 a.m. A letter of intent is attached, which further explains the Wilderness Grill's concept. The definition of General Restaurant, special use conditions for all uses, and specific conditions for General Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. The proposed use is located in the "SR" Specialty Retail / Residential zoning district and the Hometown District. A "restaurant, general" is permitted as indicated under Section 20 -7.12 (A) of the Land Development Code [use listed on page 156]; however, the use is noted by an asterisk which is explained under Section 20 -7.12 (C) [found on page 158], indicating that "uses marked with an asterisk require a special use permit." Thus, such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A) General Requirements [from Section 20 -3.4; found on page 39 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. Wilderness Grill Restaurant Resolution: June 2, 1998 2 (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements [from Section 20 -3.4; found on page 40 of the Land Development Code] (4) RESTAURANTS (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. Staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111], regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4 and that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (B)(1)(a)]; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (B)(1)(b)]; and, c) Complies with all other applicable Code provisions [Section 20 -5.8 (B)(1)(c)]. On May 12, 1998, the Planning Board voted 6:0 to recommend approval of the subject application. Although the recommendation was for approval, the Board members expressed their dissatisfaction over the applicant's absence at the public hearing and quality of submitted plans. As a result, the applicant made a well- received presentation to the Planning Board on May 26, 1998, which included additional plans. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Excerpt of Menu Reduction of Leasing Plan, Level 1 Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) May 12, 1998 Excerpted Planning Board Minutes Wilderness Grill Restaurant Resolution: June 2, 1998 3 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," 7 PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND 8 DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 9 5701 SUNSET DRIVE, TENANT SPACE A09, SOUTH MIAMI, 10 FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, Ogden Entertainment, on behalf of 15 Bakery Associates, Ltd., has made application, in order to 16 request a Special Use Permit to operate a "Restaurant, General," 17 to be located in the "SR" Specialty Retail /Residential district 18 and in the Hometown District, pursuant to Section 20- 3.4(B)(4)(b) 19 and Section 20- 7.12(A) of the City's Land Development Code; and, 20 21 WHEREAS, the property is located as part of 5701 Sunset 22 Drive, South Miami, Florida, 33143, and is legally described in a 23 document attached hereto and labeled as, "Exhibit l ;" and, 24 25 WHEREAS, the property owner has submitted a letter of intent 26 authorizing the future use proposed by the applicant; and, 27 28 WHEREAS, Planning & Zoning Department staff has recommended 29 approval of the application for a Special Use Permit, which 30 recommendation is based upon (a) the merits of the application 31 and (b) consistency with the City's adopted Comprehensive Plan; 32 and, 33 34 WHEREAS, on May 12, 1998, the Planning Board voted 6:0 to 35 recommend approval of the Special Use Permit; and, 36 37 WHEREAS, the Mayor and City Commission of the City of South 38 Miami desire to accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 41 OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. The request submitted by Ogden Entertainment, 44 tenant, for a Special Use Permit to operate a "Restaurant, 45 General," which is to be located in the "SR" Specialty 46 Retail /Residential district and the Hometown District, pursuant Wilderness Grill Special Use Restaurant: Public Hearing June 2, 1998 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 to Section 20-3.4 (B) (4) (b) and Section 20- 7.12(A) of the Land Development Code, is hereby granted. Section 2. This approval is subject to and dependent upon the restrictions and limitations of the "Restaurant, General" use to the project at 5701 Sunset Drive as indicated on the submitted plans. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is being utilized for restaurant purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami for the subject property. Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including storage, food preparation, deliveries or any other services related to this restaurant use. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 2nd day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR CA ... \ reports \ Monitor BC #2.doc Wilderness Grill Special Use Restaurant: Public Hearing June 2, 1998 2 LEGAL DESCRIPTION A portion of Blocks 1 and 2 and that Street between Blocks 1 and 2 designated as Church Street, knovm as North Red Court, and now known as SW 57 Court, 'Carvers Subdivision', according to the plat thereof as recorded in Plat Book 6 at Page 36 of the Public Records of Dade County, Florida, being more particulariy described as follows: Commence at the Southwest corner of Lot 13, Block 2 of said recorded plat of "Carvers Subdivision'; thence North 04 ^1T45' West, along the West line of said Lot 13, for 25.00 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 04M7'45' West, along the West line of said Lot 13, for 125.19 feet to the Northwest comer of said Lot 13; thence North 85 ^14'41' East, along the North line of said Lot 13, for 50.01 feet to the Northeast corner of said Lot 13; thence North 04^17'56" West, along the West line of Lots 9 of said Block 2, for 50.07 feet to the Northwest corner of said Lot 9; thence South 85^14'30' West, along the South line of Lot 17 of said Block 2, for 139.57 feet to the Easterly Right -of -Way line of SW 58th Avenue, as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359, at Page 3073; the following four (4) courses being along the said Easterly Right -of -Way line of SW 58th Avenue; thence North 04^26'38' West, along a line 11.00 feet East of and parallel with the West line of Lots 17 18 and 19 of said Block 2, for 142.96 feet to a point; thence North 03^10'15' West for 9.00 feet to a point; thence North 02 ^32'40" East for 49.89 feet to a point; thence North 04,"W'50' West for 139.26 feet to a point on the Northerly line of said Block 2; thence North 45^46'59' East, along the Northerly fine of said Block 2 and the Southerly Right -of -Way line of South Dixie Highway No. 1 (State Road No. 5) for 334.10 feet to a point; thence North 46^42'58" East, along the Right -of- Way line of State Road No. 5, as described in those certain Right -of -Way Deeds. recorded in Official Records Book 4131, at Page 596 and Official Records Book 4132 at Page 11, for 366.95 feet to a point of curvature with a circular curve in the westerly Right -of -Way line of SW 57th Avenue (Red Road); the following two (2) courses being along the said Westerly Right -of -Way line of SW. 57th Avenue (Red Road), as described in that certain Right -of -Way Deed, recorded in Official Records Book 17500 at Page 3714 and as described in that certain Dade County Disclaimer, recorded in Official Records Book 17498 at Page 1540; thence Southeasterly, along a circular curve concave to the Southwest having a radius of 25.00 !feet, a central angle of .128^58'48" for an arc of 56.28 feet to a Point of Tangency with a line 31.00 feet West of and parallel with the East line of said Block 1; thence South 04/1813" East, parallel with the East fine of said Block 1, for 912.39 feet to a point of curvature; thence Southwesterly along a circular curve concave to the Northwest having a radius of 25.00 feet, a central angle of 89A33'27' for an are distance of 39.08 feet to a Point of Tangency with a line 25.00 feet North of and parallel with the South line of said Blocks 1 and 2; thence South 85 ^15'14" West, parallel with the South line of said Blocks 1 and 2 and the Northerly Right -of -Way line of SW 72nd Street (Sunset Drive).as described in that certain Quit Claim Deed, recorded in Official Records Book 17498 at Page 151.3 and as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359 at Page 3068, for 474.40 feet to the Point of Beginning; containing 9.708 Acres more or less. VJ� V1� u1V 111 i.i �.r k1 1iTa.1 J1 /UVU1 bve7 .i s_1V.1 LLYI:S Y:dULV ::;hV U1 �JV1 May 7, 1998 Mr. Gregory J. Oravec City of South Miami 6130 Sunset Drive S. Miami, FL 33143 RE: Swampy's Shops at Sunset Place Maimi, Florida Dear Greg: SIMON DEBARTOLO GROUP Via FAX # 3051666 -4591 We are aware that you are currently reviewing plans for Swampy's. We acknowledge that 12,686 square feet out of this tenant's space will count against our restaurant cap (the balance of 1,100 square feet is a retail store). This letter is to acknowledge that Swampy's utilization of 12,686 square feet for restaurant use will count against the cap. If you need anything addiitonal, please call. Sincerely, Sit DeBARTOLO GROUP Thomas chneider Sr. Vice President Development TJS:nr NATIONAL CITY CENTER ❑ POST OFFICE BOX. 7033 ❑ INDIANAPOLIS, INDIANA ❑ 46207 ❑ 317- 636 -1600 6 American Wilderneis loo 8Aquarium Kevin Jay Walls, AIA voice: 973.882.7327 Director Architecture Fax 973.682.7220 40 Lane Road - P.O. Box 2615 Mobile: 201.826:3992 Fairfield, NJ 07007 Pager. 888.477.2067 Email Address: Kevin_Walls @Ogden - Energy.com 1 Statement of Intent of " Swampy's" Ogden Entertainment, Inc., the "Developer" of Swampy's, respectfully requests that a special use Permit be granted for our proposed restaurant to be located at the Shops at Sunset Place. The concept behind Swampy's and our intent for this restaurant is as follows: Swampy's is a fun and family friendly restaurant that through it's unique atmosphere, captures the wonders of the Everglades and the South Florida lifestyle. The furnishings, decor, and finishes to be found at Swampy's are reflective of the early Florida cracker style of architecture, with emphasis on wood, native stone, reeds, thatch, and ceramics. Code compliance has been uppermost in materials and design consideration. The proposed restaurant location is approximately 14,000 square feet of restaurant and bar with 1,100 square feet devoted to the sale of retail merchandise. The patrons will be able to relax and dine on a wide variety of food offerings from appetizers, to generous portions of American classic and Florida regional cuisine, and finishing with freshly baked signature desserts. Swampy's will be also be offering beer, wine, and liquor to our guests at a sit down bar & lounge, as well as at patron tables. Anticipated hours of operation will be from 11:00 a.m. to 1:00 a.m. with right to operate during any legally prescribed hours that any major tenant in center is allowed to be open for business, and such other days, nights, and hours as Landlord may approve in writing. I 0 at Sunset Place, Soutli Miami, Florida VAKING MARGARITAS Shaken, Not Blended! Served in a Shaker with Strainer and a Chilled Martini Glass. Our Margarita Mix Is Made Fresh Daily! All Margaritas Made With Cuervo Gold unless specified) TRADICIONAL $5.35 I The classic margarita with our fresh margarita mix, Cuervo Gold, and a salted glass. SLUGARITA 5.35 Fresh Banana G lime juice shaken vigorously with Banana Liquor and Cuervo Gold. BLOODY MARIA 5.35 The Mexican Bloody Mary, Cuervo Gold Tequila marinated overnight with serano chilies, shaken with fresh lime juice, tomato juice and a pinch of cilantro. Salted Glass. GREEN GIANT MARGARITA 5.35 Fresh seasonal melon juice, margarita mix, Cuervo Gold and Midori. aNGORITA 5.35 Fresh Mango puree, margarita mix. STRAWBERRY FIELDS 5.35 Fresh strawberry puree and margarita mix. CHAMBORD 5.35 Fresh margarita mix and Chambord liqueur. SHOT LEWIS AND CLARK 5.35 Banana and Strawberry with margarita mix. REPOSADO PITCHER PERFECT MARGARITA 19.25 Any of the above margaritas for four. 2.05 IF YOU LOOK UNDER THE AGE OF 30, YOU WILL NEED TO SHOW A VALID PICTURE ID BEFORE YOU MAY BE SERVED ALCOHOLIC BEVERAGES. SORRY, NO EXCEPTIONS, IT'S THE LAW( MEXICAN WINES YOU MAY SUBSTITUTE ANY TEQUILA IN YOUR MARGARITA! SUB SHOT SUB SHOT REPOSADO .55 3.95 HERRADURA ANEJO 2.05 5.50 1AGAVIP0 A6uILA BLUE AGAVE 2.05 5.50 JOSE CUERVO ESPECIAL SAME 3.50 CABRITO REPOSADO SAME 3.50 JOSE CUERVO 1800 ANEJO 1.85 5.25 CAZADORES REPOSADO .80 4.25 JOSE CUERVO 1800 1.10 4.50 CHINACO ANEJO 2.05 5.65 JOSE CUERVO RESERVA "LA FAMILIA" 3.95 7.95 HINACO REPOSADO 1.60 5.15 JOSE CUERVO TRADITIONAL 55 3.95 ORRALEJO REPOSADO 1.05 4.50 PATRON TEQUILA ANEJO 2.10 5.50 DEL DUENO RESERVA 2.05 5.50 PATRON TEQUILA SILVER 1.10 5.25 DON JULIO ANEJO 2.05 5.50 PORFIDIO TEQUILA SINGLE BARREL 4.15 7.95 DON JULIO SILVER EL JIMADOR TEQUILA REPOSADO 1.85 SAME 5.25 3.50 SAUZA CONMEMORATIVO ANEJO SAUZA SAME 3.50 TEQUILA GOLD .85 4.15 151. TESORO TEQUILA ANEJO 1.85 5.25 SAUZA TRES GENERATIONS ANEJO 1.60 4.95 NCANTApp MEZCAL r 2.05 5.50 SAUZA HORNITOS REPOSADO SAME 3.50 HERRADURA REPOSAOO "ROUND HISPANIC" .80 4.25 TEQUILA LAPIZ 2.40 5.75 fnine A Gratuity Of 15% May Be Added To Parties Of 7 Or More. CAMP FIRE STARTERS PLEASE ENJOY A COMPLIMENTARY BASKET OF OUR FRESH BAKED HONEY MOLASSES BREAD. THE FIRST BASKET IS ON US, $1.25 PER EACH ADDITIONAL LOAF. CHIPOTLE SPINACH DIP Warm chipotle cheese with spinach and artichokes, freshly cooked tri- colored tortilla chips. - Suggested beverage - Pyramid Heffeweizen CHIPS & SALSA Freshly cooked tri- colored tortilla chips with our Desert Heat Salsa. Add a double scoop of guacamole. - Suggested beverage - Margarita Traditional POTATO SKINS Idaho potatoes loaded with cheddar cheese, green onion, bacon and served with our special sour cream dip. WINGS A BLAZING Chicken wings drenched in our Blazin' Buffalo Sauce served with Wilderness Ranch dressing, celery and carrot sticks. - 5uggested beverage - Sierra Nevada Pale Ale j WHOLEY CALAMARIP! Tender rings of calamori dusted and fried golden brown. Served with our own marinara sauce. f - Suggested beverage - Oregon Honey CHICKEN TENDERS Coated in a sesame seed breading, fried golden brown and served with our special dipping sauce. QUESADILLA D'ORO '14 -Karat Gold" flour tortilla stuffed with ,jack and cheddar cheeses, chicken and chilies. Served with sour cream, salsa and guacamole. TRAIL SLAZIN ONION STRAWS The perfect sidekick to one of our 23 oz draft beers. A mound of freshly dusted and fried onion straws served with our Diamond Back Bar -B -Que sauce. -Suggested beverage - Moosehead CABIN WARMERS IBRANDED CHILI ffff Made for competition with NO BEAN5! Tender strips of hand cut Certified Angus beef strip loin, tomatoes and our own 'Fire in the Hole" hot sauce. WILD WEST ROASTED SOUP Lightly spiced soup of roasted corn and peppers. Garnished with cilantro and tortillas. SPICY POLLO TORTILLA Spicy clear chicken broth with Passilla Chilies, fresh garden vegetables, j crispy tortillas and cilantro and cheddar cheese. CUP 4.25 Cup 3.75 Cup 3.75 $7.35 3.95 6.25 6.50 7.50 7.75 7.35 7.65 3.95 BOWL 6.85 BOWL 5.95 BOWL 5.95 7 eiuroe A Gratuity Of 15% May Be Added To Parties Of 7 Or More. P. 2 BUTCHERS BLOCK All steaks are CERTIFIED ANGUS BEEF. Baked Potato Available on request COWBOY STEAK 22.95 18 ounces of CERTIFIED ANGUS PORTERHOUSE STEAK with Roasted Garlic Mashed Potatoes, vegetables, oven roasted Favo Beans. +Suggested beverage - Kendall- Jackson Cabernet Sauvignon RIB EYE RODEO 18.95 12 ounces of CERTIFIED ANGUS RIB EYE STEAK with our Wild Mushroom Sauce, served with Roast Garlic Mashed Potatoes, vegetables, and a bale of Wild West Onion Straws. - Suggested beverage - Kendall - Jackson Merlot TOP SIRLOIN 16.95 10 ounces of CERTIFIED ANGUS TOP SIRLOIN STEAK with our Roast Garlic Zinfandel Sauce, Roast Garlic Mashed Potatoes, vegetables and grilled Corn on the Cobb. - Suggested beverage - Concha Y Toro Cabernet Sauvignon SIbES COLE SLAW 1.95 HONEY MOLASSES BREAD 1.25 SEASONAL VEGETABLES 2.25 FAVA BEANS 2.95 ONION RINGS 3.75 TRAIL BLAZIN ONION FRENCH FRIES 2.75 ROASTED CORN ON THE COB 1.95 STRAWS 2.75 FRUIT 2.75 ROAST GARLIC MASHED 1.95 WILDERNESS RICE 1.95 GUACAMOLE (i SCOOP) 1.75 POTATOES -- 2.25 1.95 AT THE WATERING HOLE FREE REFL15 ON FOUNTAIN SODAs, ICED TEA, HOT TEA AND COFFEE. ONE REFILL ON LEMONADE. FOUNTAIN 5.95 HENRY WEINHARD'S DRAFT V-8 JUICE 2.25 PEPSI COLA 1.95 ROOTBEER (No REFIus) 2.50 CALISTOGA MIN. WATER 2.25 DIET PEPSI 1.95 HENRY WEINHARD'S MOLSON ICE ARROWHEAD WATER 2.75 DR. SLICE 1.95 CREAM SODA 8TL. 2.50 MILK 2.25 MOUNTAIN DEW 1.95 HAWAIIAN PUNCH 1.95 COFFEE 1.95 SLICE 1,95 APPLE JUICE 2.25 DECAFFEINATED COFFEE 1.95 LEMONADE 1.95 CRANBERRY JUICE 2.25 HOT TEA 1.95 ICED TEA FRESH BREW 1.95 P. s ORANGE JUICE 2.25 ICED TEA RASPBERRY BRISK 1.95 PINEAPPLE JUICE 2.25 BOTTLED BEER ACE PEAR CIDER, 2202 5.95 GEORGE KILLIAN RED 3.75 ANCHOR STEAM LAGER 3.75 J.W. DUNDEE HONEY BROWN 3.75 BLACK DOG APPLE CIDER 3.75 MILLER LITE 2.95 BOHEMIA 3.75 MOLSON ICE 3.75 BUDWEISER 2.95 ROLLING ROCK 3.50 BUDWEISER LITF. 2.95 SAMUEL ADAMS 3.75 COORS 2.95 SAMUEL ADAMS SEASONAL (ASX YOUR SERVER) 3.75 CORONA 3.75 O'DOULS NON ALCOHOLIC DEVIL MOUNTAIN FIVE MALT ALE 3.75 BEER DOS EQUIS 3,75 2.75 Vtl/96 A Gratuity Of 15% May Be Added To Parties Of 7 Or More. P. s e N� O- L�1J O— O � x cf) rTl H �N V L.J J CY7 Q/n 00 6z O O O '1S P ZL VS UI --1 UI —{ O 7. O -0 D O D D r N r .Z r m J X D �y v� �7 D r Z7 y Z a is N jr T TT-T T T T T N P D N pb (D (D 0- F- m I N N D m _ r D s�oho O- L�1J O— O � x cf) rTl H �N V L.J J CY7 Q/n 00 6z O O O '1S P ZL VS UI --1 UI —{ O 7. O -0 D O D D r N r .Z r m J X D �y v� �7 D r Z7 y Z a is N V N N P D N pb (D (D 44 -,,1* 91. J CITY OF SOUTHMIAAU ® Planning and Zoning Department a 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 On Tuesday, May 12, 1998, at 7:30 P.M. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: A Special Use Permit for a "Restaurant, General" in the Hometown District, -as specified in § 20- an# 3.4(B)(4)(b) of the Land Development Code, regarding property Iocated at 5701 Stuiset_ Drive, Tenant Space A09, South Miami, Florida 33143 WZ A Special Use Permit for a Wit, General" in the Hometownbistrict, as soepified. in § 20- 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive, Tint Space .AlS South Miami` Florida 33143. ` ., 9 - ' r4r Bart '1 t.j <52$t r5 � 44 + - A Special Use Permit fora metown District, as specified in § 20- P� General ra the Ho .�. � � r 3.4(B)(4)(b) of the Land Development Code, located at 5701 Sunset Drive, g PmP�Y Tenant Space B01, South Miami, Florida 33143. r,�t ¢ { -� wr 7 9 °si Girt N, 4B For more information regarding this °:. application or an#y matte?;, p ease x(305) 663 -6326 . `::' i »�?-r t -, \.t4 ti... s� %L'`�•{ro .a � :: -x' Zq�ti�, 4��'�i �� £. fir: l! 1�SM� 7_�4 F , yv nel +a 7, .....va �, � All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or Sled in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties .requesting mfomiadon are asked to' contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. ��i•� 't^� :, r You are hereby advised that if any person desires to decwonmade with � ;• appeal any raped to any matter consideed at this mating or hearin such g, person will need a record ord of the proceedings,`aad for such purpose may need to ensure that a verbatim ' - s+eeord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.s. 286.0105) Refer to hearing number when making any inquuy 54 ,.,. . PIT Orr •h_ � • r S ••� • •' to i t. VIC M Y N• fl to r ar `i f vrilr �•i , Z �� � 7 1 �rc°' , • nit.• � w a r 4 -- 1 �•k }s4.'r3 a` W'3' vORTi� • :i MING MJMMER: MAY 12, 1998 FAll 0 SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, May 12, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call 'r 1 R A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Lefley, Mr. Basu, and Mr. Wiscombe B. Board members absent 1. Ms. Thorner C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Presentations A. Celebration of the Planning Board's 50"' Anniversary 1. Mr. Pages related that it is an honorable and enriching experience to be a member of the Planning Board, particularly at the time of its 50a' anniversary celebration. 2. Mr. Pages called for a brief recess to acknowledge the Planning Board's 50' anniversary. 3. The Board reconvened and continued with the Remarks section of the agenda. IV. Public Hearings PB Min 05 -12 -98 1 A. ITEM: PB -98 -008 Applicant: Ogden Entertainment, Inc. Request: A Special Use Permit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(13)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive Tenant Space A09 South Miami, Florida 33143 1. Mr. Morton read the request into the record. No representative was present for the applicant. 2. Staff presented the item to the Board, reviewing the inter - office memorandum entitled Request for Special Use Swampy's and included for the Board's reference, noting that 61,250 square feet has been allocated for restaurant space at the Shops at Sunset Place. 3. Mr. Thomas Schneider, of Simon DeBartolo Group, Indianapolis, spoke before the Board as a representative of the property owner, stating that he had reviewed information submitted by the tenant. 4. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board, explaining that he had noted several favorable features of the new restaurant, including the atmosphere and an "interesting cuisine ". b. Mr. Tucker continued by stating that he wished to note the demand currently existing for outdoor seating and dining, and he explained that there are circumstances in which an application for such amenities should not be approved. 5. Public hearing was closed. 6. The Board reviewed the application. a. Mr. Morton suggested that the leasing plan be updated, including the use of color, as spaces are filled by proposed tenants at the Shops. b. Mr. Schneider responded that such an updated plan would be possible, and he stated that the complex has approximately 80% executed leases and another 12% committed leases, defining "committed" as those leases that have been drafted and are being negotiated. c. Discussion was held in regard to the retail portion shown for Swampy's (see floor plan concept), including particular articles that would be available for sale in that particular section. d. Mr. Schneider explained that the applicant, Ogden Entertainment, Inc., is a division of Ogden Enterprises, a multinational company in the entertainment and restaurant and food service arena. PB Min 05 -12 -98 2 e. Mr. Schneider noted that the company wishes to get involved in retailing logo merchandise at restaurants, such as Swampy's, similar to the selling of logo merchandise done by Hard Rock Cafe. f Mr. Pages related concerns involving the complex's pedestrian integration at street level, a situation that could be enhanced with restaurants having outdoor seating and dining. g. Mr. Schneider responded that a future application involves a proposed tenant, China Grill Cafe, to be located on Sunset Drive, while similar uses are encouraged for spaces A01, A02, and A02A on Sunset Drive. h. In addition, Mr. Schneider indicated that Barnies' Coffee & Tea, as well as spaces CIO and C 11, will have a presence on Red Road to encourage pedestrian activity. i. Mr. Schneider continued by reviewing the streetscape for Sunset Drive from the intersection with Red Road, including Barnes & Noble, China Grill Cafe, Z- Gallerie, lobbies for the residential units, and additional tenant spaces. j. The Board concurred that it does not wish for the Shops to be a "self- contained" or an "inward- looking" complex, and it emphasized that outdoor seating and dining should be encouraged within the project and along the adjacent streets of the project wherever possible. k. The Board also concurred that a representative from Ogden or Swampy's would have been helpful to elaborate on certain details, including the restaurant's concept, and Mr. Schneider stated that he would welcome the opportunity for such a representative to come before the Board at its next meeting. 1. Staff noted that the application meets all requirements for submittal to Planning Board. 7. Motion: Mr. Morton moved approval of the application as presented. Ms. Chimelis seconded the motion. 8. Vote: Approved: 6 Disapproved: 0 B. ITEM: PB -98 -009 Applicant: Weiser CSM, Inc. Request: A Special Use Permit for "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive Tenant Space A 15 South Miami, Florida 33143 I. Mr. Wiscombe read the request into the record. No representative was present for the applicant. PB Min 05 -12 -98 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 2, 1998 inthe ...................... XXXXX....................................... Court, was published in said newspaper in the issues of May 22, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commissio fun for the purpose of securW§ this advertisem public tion in the said news er 2 2 Sworn to and subscribed before me this May 98 ........day of............................................................. A.D.19...... f/ ........................ (SEAL) OFFICIAL NOTARY SEAL �, ,-Y P& '0 CHERYL H HARMER Octelma V. Ferbeyre person 11 COMMISrADN fiUM81FR 2 i a Q CC545384 7fF Oho APR 12,2000 'a OF Ft CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING" NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, _ June 2, 1998, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE.. PERMIT FOR A 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 2D- 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A09, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION;, AND,` PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 20- 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A15, SOUTH MIAMI, FLORIDA 33143; PROVIDING ^FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO' A REQUEST FOR A SPECIAL USE PERMIT FOR_. A 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 20- 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE B01, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning & Zoning Department at: 663 - 6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the 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 proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 5/22 98 -3- 052261 M 11 ® CITY OF SOUTH MIAMI W7INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: May 27, 1998 From: Charles D. Scurr City Manager aw 't I Agenda Item # Re: Comm. Mtg. 06/02/98 Country Store, Special Use Restaurant REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A15, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 1, 1997, the City Commission approved Resolution No. 64 -97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. On May 5, 1998, the City Commission approved Resolution No. 125 -98- 10393, approving Sega GameWorks' request to operate 5,170 square feet of its facility as a general restaurant. This is the only restaurant within the Shops at Sunset Place that has received the approval of the City Commission to date. However, several applicants requesting special use approval for general restaurants will be before the Commission on June 2nd and 9t'', as demonstrated in Table 1. Table 1: Approved and Proposed Restaurants located in the Shops at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4/14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5 /12/98 6/02/98 The Country Store 8,279 Recommendation for approval 5 /12/98 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5 /12/98 6/02/98 Johnny Rockets 2,230 Recommendation for approval 5 /26/98 6/09/98 Total 34,147 Country Store Restaurant Resolution: June 2, 1998 1 The applicant, Weiser CSM, Inc., is requesting a special use permit to operate a General Restaurant, to be named the Country Store, in tenant space A15 of the Shops at Sunset Place. The proposed area of the restaurant is 8,279 square feet, and it would provide seating for 221 patrons. The applicant is also proposing an outdoor seating area to accommodate an additional 20 patrons. The applicant proposes a family- oriented dining experience, featuring American home - cooking for breakfast, lunch, and dinner and hours of operation from 7:00 a.m. to midnight, Sunday through Thursday, and 7:00 a.m. to 2:00 a.m. on Friday and Saturday. The proposal also includes a full service bar. A letter of intent is attached, which further explains the Country Store's concept. The definition of General Restaurant, special use conditions for all uses, and specific conditions for General Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. The proposed use is located in the "SR" Specialty Retail / Residential zoning district and the Hometown District. A "restaurant, general" is permitted as indicated under Section 20 -7.12 (A) of the Land Development. Code [use listed on page 156]; however, the use is noted by an asterisk which is explained under Section 20 -7.12 (C) [found on page 158], indicating that "uses marked with an asterisk require a special use permit." Thus, such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A) General Requirements [from Section 20 -3.4; found on page 39 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. Country Store Restaurant Resolution: June 2, 1998 2 (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements [from Section 20 -3.4; found on page 40 of the Land Development Code] (4) RESTAURANTS (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. Staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111], regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4 and that the use: d) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (B)(I)(a)]; e) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (13)(1)(b)]; and, f) Complies with all other applicable Code provisions [Section 20 -5.8 (B)(1)(c)]. On May 12, 1998, the Planning Board voted 6:0 to recommend approval of the subject application. Although the recommendation was for approval, the Board members expressed their dissatisfaction over the applicant's absence at the public hearing and quality of submitted plans. As a result, the applicant made a well- received presentation to the Planning Board on May 26, 1998, which included additional plans. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Excerpt of Menu Reduction of Leasing Plan, Level 1 Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) May 12, 1998 Excerpted Planning Board Minutes Country Store Restaurant Resolution: June 2, 1998 3 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," 7 PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND 8 DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 9 5701 SUNSET DRIVE, TENANT SPACE A15, SOUTH MIAMI, 10 FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, Weiser CSM, Incorporated, on behalf 15 of Bakery Associates, Ltd., has made application, in order to 16 request a Special Use Permit to operate a "Restaurant, General," 17 to be located in the "SR" Specialty Retail /Residential district 18 and in the Hometown District, pursuant to Section 20- 3.4(B)(4)(b) 19 and Section 20- 7.'12(A) of the City's Land Development Code; and, 20 21 WHEREAS, the property is located as part of 5701 Sunset 22 Drive, South Miami, Florida, 33143, and is legally described in a 23 document attached hereto and labeled as, "Exhibit 1;" and, 24 25 WHEREAS, the property owner has submitted a letter of intent 26 authorizing the future use proposed by the applicant; and, 27 28 WHEREAS, Planning & Zoning Department staff has recommended 29 approval of the application for a Special Use Permit, which 30 recommendation is based upon (a) the merits of the application 31 and (b) consistency with the City's adopted Comprehensive Plan; 32 and, 33 34 WHEREAS, on May 12, 1998, the Planning Board voted 6:0 to 35 recommend approval of the Special Use Permit; and, 36 37 WHEREAS, the Mayor and City Commission of the City of South 38 Miami desire to accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 41 OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. The request submitted by Weiser CSM, 44 Incorporated, tenant, for a Special Use Permit to operate a 45 "Restaurant, General," which is to be located in the "SR" 46 Specialty Retail /Residential district and the Hometown District, Country Store Special Use Restaurant: Public Hearing June 2, 1998 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 pursuant to Section 20 -3.4 (B) (4) (b) and Section 20-7.12(A) of the Land Development Code, is hereby granted. Section 2. This approval is subject to and dependent upon the restrictions and limitations of the "Restaurant, General" use to the project at 5701 Sunset Drive as indicated on the submitted plans. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is being utilized for restaurant purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami.for the subject property. Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including, storage, food preparation, deliveries or any other services related to this restaurant use. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 2nd day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY •; c:\ ... \ reports \ Monitor BC #2.doc Country Store Special Use Restaurant: Public Hearing June 2, 1998 2 EXHIBIT LEGAL DESCRIPTION A portion of Blocks 1 and 2 and that Street between Blocks 1 and 2 designated as Church Street, known as North Red Court, and now known as SW 57 Court, 'Carvers Subdivision', according to the plat thereof as recorded in Plat Book 6 at Page 36 of the Public Records of Oade County, Florida, being more particularly described as follows: Commence at the Southwest corner of Lot 13, Block 2 of said recorded plat of "Carvers Subdivision'; thence North 04^tT45' West, along the West line of said Lot 13, for 25.00 feet to the Point of Beginning of the -hereinafter described parcel of land; thence continue North 04^1745' West, along the West line of said Lot 13, for 125.19 feet to the Northwest comer of said Lot 13; thence North 85 ^14'41' East, along the North fine of said Lot 13, for 50.01 feet to the Northeast corner of said Lot 13; thence North 04^17'56" West, along the West line of Lots 9 of said Block 2, for 50.07 feet to the Northwest corner of said Lot 9; thence South 85 ^14'30' West, along the South line of Lot 17 of said Block 2, for 139.57 feet to the Eastady Right -of -Way line of SW 58th .Avenue, as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359, at Page 3073; the following four (4) courses being along the said Easterly Right -of -Way line of SW 58th Avenue, thence North 04^26'38' West, along a line 11.00 feet East of and parallel with the West line of Lots 17 18 and 19 of said Block 2, for 142.96 feet to a point thence North 03^10'15" West for 9.00 feet to a paint; thence North 02 ^32'40" East for 49.89 feet to a point; thence North 041`00'50' West for 139.26 feet to a point on the Northerly line of said Block 2; thence North 45^46'59" East, along the Northerly fine of said Block 2 and the Southerly Right -of -Way line of South Dixie Highway No. 1 (State Road No. 5), for 334.10 feet to a point; thence North 46^42'58" East, along the Right -of- Way line of State Road No. 5, as described in those certain Right -of -Way Deeds, recorded in Official Records Book 4131, at Page 596 and Official Records Book 4132 at Page 11, for 366.95 feet to a point of curvature with a circular curve in the westerly Right -of -Way line of SW 57th Avenue (Red Road); the following two (2) courses being along the said Westerly Right -of -Way line of SW. 57th Avenue (Red Road), as described in that certain Right -of -Way Deed, recorded in Official Records Book 17500 at Page 3714 and as described in that certain Dade County Disclaimer, recorded in Official Records Book 17498 at Page 1540; thence Southeasterly, along a circular curve concave to the Southwest having a radius of 25.00 feet, a central angle of .128^58'48" for an arc of 56.28 feet to a Point of Tangency with a line 31.00 feet West of and parallel with the East line of said Block 1; thence South 04^18'13" East, parallel with the East line of said Block 1, for 912.39 feet to a point of curvature; thence Southwesterly along a circular curve concave to the Northwest having a radius of 25.00 feet, a central angle of 89K33'27' for an are distance of 39.08 feet to a Point of Tangency with a line 25.00 feet North of and parallel with the South line of said Blocks 1 and 2; thence South- 85 ^15'14" West, parallel with the South line of said Blocks 1 and 2 and the Northerly Right -of -Way line of SW 72nd Street (Sunset Drive).as described in that certain Quit Claim Deed, recorded in Official Records Book 17498 at Page 1513 and as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359 at Page 3068, for 474.40 feet to the Point of Beginning; containing 9.708 Acres more or less. _ - - - - -- _._ SINAON DEBARTOLO GROUP May 7, 1998 Mr. Gregory J. Oravec City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: The Country Store Shops at Sunset Place Miami, Florida Dear Greg: Via FAX # 3051666 -4591 We are aware that you are currently reviewing plans for The Country Store. We acknowledge that 8,279 square feet of this tenant's square footage will count against our restaurant cap (the balance of 280 square feet is outside dining). This letter is to acknowledge that The Country Store's utilization of 8,279 square feet for restaurant use will count against the cap. If you need anything additional, please call Sincerely, SIMON DeBARTOLO GROUP Thomas J. Schneider Senior Vice President - Development TJS:nr cc: Eddie Latessa Bob Horkay NATIONAL CITY CENTER a POST OFFICE BOX 7033 . INDIANAPOLIS, IN DIANA ° 46207 a 317 - 636-1604 6� I 3250 Mary Street Suite #203 Coconut Grove, Florida 33133 Telephone 305 - 461 -2228 Fax 305 -461 -2231 t N-n x, Statement of Intent of "Country Store" Weiser, CSM, Inc. ( "Country Store" respectfully requests that a special use Permit be granted for our proposed restaurant to be located at the Shops at Sunset Place. The concept behind Country Store and our intent for this restaurant is as follows: Country Store will be a family oriented restaurant, market, merchandise store, bakery and bar. Combining all of these elements into a very exciting 8,600 square foot facility. This concept is being developed by the same team of people that put together the award wining CAFE TU TU TANGO. With the same kind of commitment to the highest levels of quality in food and service, the Country Store will also hopefully become one of South Miamians favorite dining establishments. Country Store will offer a full service three meal period restaurant and market. From fresh baked breads, pastries and muffins throughout the day to great sandwiches at the market during lunch to an extraordinary. American home cooking full service menu at Breakfast, Lunch and Dinner. It is the Country Stores intent to offer alcoholic beverages to include beer, wine and liquor to our guests at a sit down bar & lounge, as well as patron tables. The Country Store's proposed operating hours are from 7:00 a.m. To Midnight Sunday through Thursday, 7:00 a.m. to 2:00 a.m. on Friday and Saturday. UA 0 The Country Store F pAFt / PI/WP I USSRY FS ONZ Y Cornmeal Crusted Chicken Wings S Served with a jalapeno aioli Grilled Salami S Basted with a sweet whole grain mustard - Crab Cakes S Encased in slircddcd potatoes and Served with a pear chutney i Turkey Nfeatballs S Topped with sweet onions and tomatoes Buttermilk Vidila Onion Nest S Served with a Maytag blue cheese dip America's Finest Cheese Sampling S Choose from your favorite Vcrmont, Wisconsin and Oregon Cheeses y Souns &Chili's Bowl Terrene Vegetable Chili S S Assortment of Beans, Vegetables and Spices Pot of Chicken Noodle Soup S S Just like Grandmas Wild Rice —h'- Mushroom Soup S S Loaded with assorted mushrooms Butcher Blocic Salad Visit our market place $ "you choose... we chop" AP Brunch menu Each table will be given a basket of hot apple fritters To start A choice of our freshly squeezed juices Or Our fresh fruit smoothies :a of these following items are made with only the freshest ingredients • Oatmeal Pancakes Served with an assortment of fresh fruit • Fresh blueberry pancakes Served with Vermont maple syrup • Cinnamon sour cream waffles • Raisin walnut French toast • Banana bread pudding French toast • Homemade granola With an assortment of dried fruits • Smoked whitefish & salmon Accompanied with red onions capers and chive pancakes • Poached eggs Servcd on white corn biscuits with neuski bacon and a roasted tomato hollandaise • Salami and eggs Served with a roasted com rye bread • Farmers omelet Filled with fresh vegetables and cottage cheese • Focaccia egg sandwich With procuitto and Vermont white cheddar cheese • Smoked turkey hash Servcd with a tomato salsa • Lobster, com and potato hash SIDES Served with an herb cheese sauce • Eggwhite omelet Baked homefries Cottage Ines Steamed spinach Neuski bacon Chicken apple sausage Garlic grits Fresh fruit sy ... _ .. Brunch menu Each table will be given a basket of hot apple fritters To start A choice of our freshly squeezed juices Or Our fresh fruit smoothies :a of these following items are made with only the freshest ingredients • Oatmeal Pancakes Served with an assortment of fresh fruit • Fresh blueberry pancakes Served with Vermont maple syrup • Cinnamon sour cream waffles • Raisin walnut French toast • Banana bread pudding French toast • Homemade granola With an assortment of dried fruits • Smoked whitefish & salmon Accompanied with red onions capers and chive pancakes • Poached eggs Servcd on white corn biscuits with neuski bacon and a roasted tomato hollandaise • Salami and eggs Served with a roasted com rye bread • Farmers omelet Filled with fresh vegetables and cottage cheese • Focaccia egg sandwich With procuitto and Vermont white cheddar cheese • Smoked turkey hash Servcd with a tomato salsa • Lobster, com and potato hash SIDES Served with an herb cheese sauce • Eggwhite omelet Baked homefries Cottage Ines Steamed spinach Neuski bacon Chicken apple sausage Garlic grits Fresh fruit N� w 8L�Tr i T,T_i- T T TT T Ir 7 T H TY_ eo - eo as ao 1 £ —� aom _ « i-A qy- e= N, ° _,T- m - Ln N i — Br ��tt o-- C� O— � a— I C/) - O � 1 171 N L'J �.+ J tvT1 F•-- -1 O q z o =o 'o b D O D O D { ^7 �D DD r Z � Z N� o�NN P cn w m Oo _ 00 W L La To (N n.n. 0 �79 COURTESY S�J.ii%�.�;v1 i M -t iCh ------ - -- - CITY OF SOUTH MIAMI ® Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 On Tuesday, May 12. 1998, at 7:30 P.M. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following; A Special Use Permit for a "Restaurant, General' in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive, Tenant Space A09, South Miami, Florida 33143. A Special Use Permit for a "Restaurant, General' in the Hometown District, as specified in § 20- ♦ 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive. Tenant Space A15, South Miami, Florida 33143. A Special Use Permit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive, Tenant Space BO 1, South Miami, Florida 33143. For more information regarding this application or any matter, please call (305) 663 -6326. All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. 9 JA.•OIMS ap r lip NO" s n Orr , )T 74',,r♦ r • s• • rab •• t � ( I r�i�•f1r 1- 1 r n � s .. f• t • i s •. r•t 1r � • , I..00- =3"Y; �• r V l• M .• w i •• !1 Y 7J is .57 1 1 :Ar►NIN �It SING AREA --- DATE: MAY 1Z, 1998 1 u SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, May 12, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Lefley, Mr. Basu, and Mr. Wiscombe B. Board members absent 1. Ms. Thorner C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Presentations A. Celebration of the Planning Board's 50`h Anniversary 1. Mr. Pages related that it is an honorable and enriching experience to be a member of the Planning Board, particularly at the time of its 50`h anniversary celebration. 2. Mr. Pages called for a brief recess to acknowledge the Planning Board's 50`h anniversary. 3. The Board reconvened and continued with the Remarks section of the agenda. IV. Public Hearings PB Min 05 -12 -98 1 e. Mr. Schneider noted that the company wishes to get involved in retailing logo merchandise at restaurants, such as Swampy's, similar to the selling of logo merchandise done by Hard Rock Cafe. f. Mr. Pages related concerns involving the complex's pedestrian integration at street level, a situation that could be enhanced with restaurants having outdoor seating and dining. g. Mr. Schneider responded that a future application involves a proposed tenant, China Grill Cafe, to be located on Sunset Drive, while similar uses are encouraged for spaces A01, A02, and A02A on Sunset Drive. h. In addition, Mr. Schneider indicated that Barnies' Coffee & Tea, as well as spaces C10 and C 11, will have a presence on Red Road to encourage pedestrian activity. i. Mr. Schneider continued by reviewing the streetscape for Sunset Drive from the intersection with Red Road, including Barnes & Noble, China Grill Cafe, Z- Gallerie, lobbies for the residential units, and additional tenant spaces. j. The Board concurred that it does not wish for the Shops to be a "self- contained" or an "inward- looking" complex, and it emphasized that outdoor seating and dining should be encouraged within the project and along the adjacent streets of the project wherever possible. k. The Board also concurred that a representative from Ogden or Swampy's would have been helpful to elaborate on certain details, including the restaurant's concept, and Mr. Schneider stated that he would welcome the opportunity for such a representative to come before the Board at its next meeting. 1. Staff noted that the application meets all requirements for submittal to Planning Board. 7. Motion: Mr. Morton moved approval of the application as presented. Ms. Chimelis seconded the motion. 8. Vote: Approved: 6 Disapproved: 0 B. ITEM: PB -98 -009 Applicant: Weiser CSM, Inc. Request: A Special Use Permit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(13)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive Tenant Space A 15 South Miami, Florida 33143 1. Mr. Wiscombe read the request into the record. No representative was present for the applicant. PB Min 05 -12 -98 3 2. Staff presented the item to the Board, explaining that the new restaurant would be located in tenant space A15, would occupy 8,279 square feet, and would provide seating for 221 patrons indoors and 20 customers outdoors. 3. Public hearing was opened. 4. There being no one present wishing to speak for or against the item, the public hearing was closed. 5. The Board reviewed the application. a. Mr. Basu reiterated earlier remarks regarding the pedestrian- oriented nature of the project, stating that the City may be "losing an opportunity to create a pedestrian- vibrant environment", as, for example, the outdoor seating area of this particular restaurant is limited in scope. b. In regard to Mr. Morton's inquiry regarding total number of seats, staff responded that the number of seats is being used for reference purposes, with the Planning Board actually approving the total area. c. Ms. Chimelis inquired as to non - inclusion of outdoor dining, and staff explained that the City has traditionally not included outdoor dining as part of a restaurant's allocation and that the Planning Board may consider the outdoor dining portion as not part of this application. d. As review continued, the Board emphasized that a representative for the applicant would have been helpful to explain particular details, including the restaurant's concept in general and the retail portion in particular. e. Mr. Schneider explained that there are time schedules and constraints involved and staff noted that, while the application meets all requirements for submittal, if the Planning Board has legitimate concerns, it may disapprove or recommend approval with conditions. f. In questioning to Mr. Gallop, City Attorney, Mr. Morton inquired as to whether an application is valid if no representative is physically present for the application. g. Mr. Gallop replied that the Planning Board may proceed with an application even if no representative is present at the meeting, unless the applicant provides advanced notice that a representative is unavailable and in doing so requests that the Board not proceed with the item. 6. Motion: Mr. Morton moved approval of the application as presented. seconded the motion. 7. Following formulation of the motion, discussion of the application continued. Mr. Wiscombe PB Min 05 -12 -98 4 a. Mr. Gallop explained that the Board must seek answers to two areas: (1) consistency with the Comprehensive Plan and (2) compliance with the Land Development Code. b. Staff suggested that the Board's approval be based on the condition that the applicant provide additional information to the City Commission. c. The Board concurred that its position is to look beyond "bare minimum" responsibility involved with applications and, in this particular case, to see the overall impact of the project. 8. Board members continued to provide commentary involving concerns and problem they had with the applications and /or project, including receiving additional information with which to render a well - informed decision. a. Mr. Basu asked that the applicant and /or representatives return to Planning Board in order to provide additional information and to allow an exchange of ideas. b. Mr. Lefley stated that he would prefer a presentation showing how the project interrelates with the site and how its components integrate to form the complex, including such particulars as percentages for outdoor dining, provisions for fire equipment and major utilities, etc. c. Mr. Schneider responded that such a comprehensive presentation on the project would be given at the next Planning Board meeting. d. Staff recommended that the Planning Board hold a workshop meeting involving the Shops, including visitation of the construction site, and agreed to contact the project manager in scheduling such a meeting. 9. Following the discussion, the Board voted on the matter. 10. Vote: Approved: 6 Disapproved: 0 C. ITEM: PB -98 -010 Applicant: C.P. Rest Sunset, Inc. Request: A Special Use Permit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive Tenant Space BO South Miami, Florida 33143 1. Ms. Chimelis read the request into the record. No representative was present for the applicant. 2. Staff presented the item to the Board, explaining that the new restaurant would be located in tenant space BOl, would occupy 5,782 square feet, and would provide seating for 187 patrons PB Min 05 -12 -98 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review Vkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 2, 1998 inthe ...................... XXXXX....................................... Court, was published in said newspaper in the issues of May 22, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commissio fun for the purpose of secur' this advertisem public tion in the said newsy er Sworn to and subscribed before me this 22 May i 98 ........day of............................................................. A.D.19...... •.....A# .. e.'� - .......................... (SEAL) OFFICIAL NOTARY SEAL Octelma V. Ferbeyre person I �` l P00 CHERYL H MARMER 2 � COMtd1S5tON NUTAEER Q CC54'5384 My �r6 Oho APR. �12N2000 EXPIRES OF Fi CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, _June 2, 1998, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 20- 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A09, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL .DESCRIPTION;; AND,' PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR -A SPECIAL USE PERMIT FOR A 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 20- 3.4 (B) (4) (b) OF THE" LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A15, SOUTH MIAMI, FLORIDA' 33143; PROVIDING -FOR A LEGAL DESCRIPTION; AND,; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TCr A REQUEST FOR A SPECIAL USE PERMIT FOR- A 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 20- 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE B01, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. -- - -- .- ' Inquiries concerning this item should be directed to the Planning & Zoning Department at: 663 -6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the 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 proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 5/22 98 -3- 052261 M �w CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: May 27, 1998 Agenda Item # From: Charles D. Scurr Re: Comm. Mtg. 06/02/98 City Manager Coco Pazzo Special Use Restaurant REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE 1301, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 1, 1997, the City Commission approved Resolution No. 64- 97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. On May 5, 1998, the City Commission approved Resolution No. 125 -98- 10393, approving Sega GameWorks' request to operate 5,170 square feet of its facility as a general restaurant. This is the only restaurant within the Shops at Sunset Place that has received the approval of the City Commission to date. However, several applicants requesting special use approval for general restaurants will be before the Commission on June 2nd and 9`'', as demonstrated in Table 1. Table 1: Approved and Proposed Restaurants located in the Shops at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4 /14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5 /12/98 6/02/98 The Country Store 8,279 Recommendation for approval 5 /12/98 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5 /12/98 6/02/98 Johnny Rockets 2,230 Recommendation for approval 5/26/98 6/09/98 Total 34,147 Coco Pazzo Restaurant Resolution: June 2, 1998 1 The applicant, C.P. Rest Sunset, Inc., is requesting a special use permit to operate a General Restaurant, to be called Coco Pazzo, in tenant space 1301 of the Shops at Sunset Place. The proposed area of the restaurant is 5,782 square feet, and it would provide seating for 187 patrons indoors and 72 patrons outdoors. The applicant proposes a fine dining experience, featuring Tuscan and regional Italian dishes, a full bar, and hours of operation from 11:00 a.m. to 11:30 p.m. A letter of intent is attached, which further explains the Coco Pazzo concept. The definition of General Restaurant, special use conditions for all uses, and specific conditions for General Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. The proposed use is located in the "SR" Specialty Retail / Residential zoning district and the Hometown District. A "restaurant, general" is permitted as indicated under Section 20 -7.12 (A) of the Land Development Code [use listed on page 156]; however, the use is noted by an asterisk which is explained under Section 20 -7.12 (C) [found on page 158], indicating that "uses marked with an asterisk require a special use permit." Thus, such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A) General Requirements [from Section 20 -3.4; found on page 39 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. Coco Pazzo Restaurant Resolution: June 2, 1998 2 (B) Special Requirements [from Section 20 -3.4; found on page 40 of the Land Development Code] (4) RESTAURANTS (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. Staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111], regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4 and that the use: g) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (B)(1)(a)]; h) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (B)(1)(b)]; and, i) Complies with all other applicable Code provisions [Section 20 -5.8 (13)(1)(c)]. On May 12, 1998, the Planning Board voted 6:0 to recommend approval of the subject application. Although the recommendation was for approval, the Board members expressed their dissatisfaction over the applicant's absence at the public hearing and quality of submitted plans. As a result, the applicant made a well- received presentation to the Planning Board on May 26, 1998, which included additional plans. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Excerpt of Menu Reduction of Leasing Plan, Level 1 Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) May 12, 1998 Excerpted Planning Board Minutes Coco Pazzo Restaurant Resolution: June 2, 1998 3 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," 7 PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND 8 DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 9 5701 SUNSET DRIVE, TENANT SPACE B01, SOUTH MIAMI, 10 FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, C.P. Rest Sunset, Incorporated, on 15 behalf of Bakery Associates, Ltd., has made application, in order 16 to request a Special Use Permit to operate a "Restaurant, 17 General," to be located in the "SR" Specialty Retail /Residential 18 district and in the Hometown District, pursuant to Section 20- 19 3.4(B)(4)(b) and Section 20- 7.12(A) of the City's Land 20 Development Code; and, 21 22 WHEREAS, the property is located as part of 5701 Sunset 23 Drive, South Miami, Florida, 33143, and is legally described in a 24 document attached hereto and labeled as, "Exhibit 1;" and, 25 26 WHEREAS, the property owner has submitted a letter of intent 27 authorizing the future use proposed by the applicant; and, 28 29 WHEREAS, Planning & Zoning Department staff has recommended 30 approval of the application for a'Special Use Permit, which 31 recommendation is based upon (a) the merits of the application 32 and (b) consistency with the City's adopted Comprehensive Plan; 33 and, 34 35 WHEREAS, on May 12, 1998, the Planning Board voted 6:0 to 36 recommend approval of the Special Use Permit; and, 37 38 WHEREAS, the Mayor and City Commission of the City of South 39 Miami desire to accept the recommendation of the Planning Board. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 42 OF THE CITY OF SOUTH MIAMI, FLORIDA: 43 44 Section 1. The request submitted by C.P. Rest Sunset, 45 Incorporated, tenant, for a Special Use Permit to operate a 46 "Restaurant, General," which is to be located in the "SR" 47 Specialty Retail /Residential district and the Hometown District, Coco Pazzo Special Use Restaurant: Public Hearing June 2, 1998 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 pursuant to Section 20 -3.4 (B) (4) (b) and Section 20-7.12(A) of the Land Development Code, is hereby granted. Section 2. This approval is subject to and dependent upon the restrictions and limitations of the "Restaurant, General" use to the project at 5701 Sunset Drive as indicated on the submitted plans. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is being utilized for restaurant. purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami for the subject property. Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including storage, food preparation, deliveries or any other services related to this restaurant use. Section S. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 2nd day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR c:\ ... \ reports \ Monitor BC #2.doc Coco Pazzo Special Use Restaurant: Public Hearing June 2, 1998 2 EXHIBIT ! LEGAL DESCRIPTION A portion of Blocks 1 and 2 and that Street between Blocks 1 and 2 designated as Church Street, kno,rm as North Red Court, and now known as SW 57 Court, 'Carvers Subdivision', according to the plat thereof as recorded in Plat Book 6 at Page 36 of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Southwest corner of Lot 13, Block 2 of said recorded plat of "Carvers Subdivision'; thence North 04^1T45' West, along the West line of said Lot 13, for 25.00 feet to the Poirit of Beginning of the hereinafter described parcel of land; thence continue North 04^1745' West, along the West line of said Lot 13, for 125.19 feet to the Northwest comer of said Lot 13; thence North 85 ^14'41' East, along the North line of said Lot 13, for 50.01 feet to the Northeast corner of said Lot 13; thence North 04A17'56" West, along the West line of Lots 9 of said Block 2, for 50.07 feet to the Northwest corner of said Lot 9; thence South 85 ^14'30" West, along the South line of Lot 17 of said Block 2, for 139.57 feet to the Easterly Right -of -Way line of SW 58th Avenue, as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359, at Page 3073; the following four (4) courses being along the said Easterly Right -of -Way line of SW 58th Avenue; thence North 04^26'38' West, along a line 11.00 feet East of and parallel with the West line of Lots 17 I18 and 19 of said Block 2. for 142.96 feet to a point; thence North 03^10'15' West for 9.00 feet to a point; thence North 02 ^32'40" East for 49.89 feet to a point; thence North 04AOO'50' West for 139.26 feet to a point on the Northerly line of said Block 2; thence North 45^46'59` East, along the Northerly fine of said Block 2 and the Southerly Right -of -Way line of South Dixie Highway No. 1 (State Road No. 5), for 334.10 feet to a point; thence North 46^42'58" East, along the Right -of- Way fine of State Road No. 5, as described in those certain Right -of -Way Deeds, recorded in Official Records Book 4131, at Page 596 and Official Records Book 4132 at Page 11, for 366.95 feet to a point of curvature with a circular curve in the westerly Right -of -Way line of SW 57th Avenue (Red Road); the following two (2) courses being along the said Westerly Right -of -Way line of SW. 57th Avenue (Red Road), as described in that certain Right -of -Way Deed, recorded in Official Records Book 17500 at Page 3714 and as described in that certain Dade County Disclaimer, recorded in Official Records Book 17498. at Page 1540; thence Southeasterly, along a circular curve concave to the Southwest having a radius of 25.00 feet, a central angle of .1281\58'48" for an arc of 56.28 feet to a Point of Tangency with a line 31.00 feet West of and parallel with the East line of said Block 1; thence South 04f18'13" East, parallel with the East line of said Block 1, for 912.39 feet to a point of curvature; thence Southwesterly along a circular curve concave to the Northwest having a radius of 25.00 feet, a central angle of 89A33'27' for an are distance of 39.08 feet to a Point of Tangency with a line 25.00 feet North of and parallel with the South line of said Blocks 1 and 2; thence South 85 ^1514" West, parallel with the South line of said Blocks 1 and 2 and the Northerly Right -of -Way line of SW 72nd Street (Sunset Drive).as described in that certain Quit Claim Deed, recorded in Official Records Book 17498 at Page 1513 and as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359 at Page 3068, for 474.40 feet to the Point of Beginning; containing 9.708 Acres more or less. SIMON DEBARTOLO GROUP April 16, 1998 Mr. William A. Mackey City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Coco Pazza Shops at Sunset Place Miami, Florida Dear Bill: We are aware that you are currently reviewing plans for Coco Pazza. We acknowledge that this tenant's square footage will count against our restaurant cap. This letter is to acknowledge that Coco Pazza's utilization of 5,782 square feet for restaurant use will count against the cap. If you need anything additional, please call. Sincerely, SIMON DeBARTOLO GROUP Thomas J. Schneider. Senior Vice President - Development TJS:nr cc: Aaron Cohen Ron Grabill Eddie Latessa L NATIONAL CITY CENTER ❑ POST OFFICE BOX 7033 ❑ INDIANAPOLIS, INDIANA ❑ 46207 ❑ 317 - 636 -1600 (t 7 T O S C O R P Restaurants, Retail Packaged Foods Statement of Intent of "Coco Pazzo" C.P. Rest Sunset, Inc., the Developer of Coco Pazzo, respectfully requests that a special use permit be granted for our proposed NEW YORK CITY restaurant to be located at the Shops of Sunset Place. IL TOSCANACCIO CHICAGO NEW YORK CITY fal�ore, 12� ina NEW YORK CITY Cj mac, j O P F R A NEW YORK CITY s-C.Pi N1 A R I N A NEW YORK CITY ADDISON ATLANTA AUSTIN BALTIMORE CHICAGO CLEVELAND COSTA MESA DALLAS DENVER LAS VEGAS LOS ANGELES NEW YORK CITY PHILADELPHIA SAN DIEGO SCOTTSDALE WASHINGTON D.C. TOSCORP, INC. 127 71k Avenue New York, NY 10011 212- 462 -1000 Fax 212- 462 -2892 Coco Pazzo is a fine dining restaurant in the Tuscan tradition, featuring great food in pleasant and comfortable surroundings. The decor will be simple but elegant. Custom furnishings, specialty finishes, artistic murals and the proper interspersing of selected props and dressings, provide an inviting environment. Coco Pazzo is a landmark restaurant concept with locations on the upper east side of New York City, in the Mondrian Hotel in Los - Angeles, and in downtown Chicago amongst others. The menu of Coco Pazzo at Sunset Place will feature Tuscan and regional Italian dishes, as well as certain signature items that will incorporate elements of Latin cuisine. Wine, beer, and liquor will be served at a sit down bar & lounge, as well as at patron tables. The restaurant, open for lunch and dinner, occupies a space of some 5,780 square feet. Anticipated hours of operation will be from 11:00 a.m. to 11:30 p.m., Monday through Sunday, with right to operate during any legally prescribed hours that any tenant in center is allowed to be open for business, and such other days, nights, and hours as Landlord may approve in writing. c Coco Pazzo Dinner Menu Gli Antipasti Vegetali ally Griglia 8.50 Assortment of grilled vegetables drizzeled with truffle oil Sauteed Spinach Fritto di Funghi 12.50 Lightly fried mixed wild mushrooms topped with marinated 21.50 tomatoes and truffle oil Antipasto Misto 10.50 A variety of assorted vegetables, seafood , salumi and cheeses from Tuscany Portobello alla Griglia al Profumo di Rosmarino 8.00 Grilled Portobello caps with rosemary Quagiia con Topinanbour 10.50 Marinated semi boned Quail over a ragu of Jerusalem 18.00 artichkoes and celery root Cahunari Stufati 10.00 Stewed Calamari tossed with poached red bliss potatoes tossed 15.50 with a light parsley & extra virgin olive oil sauce Pesce in Carpione 8.50 Sauteed Sardines marinated with sweet and sour red onions, chilled and served over a bed of baby spinach P.A Tortellini in Brodo di Cappone 7.50 Homemade meat Tortellini in a light Capon broth with a lemon zest 22.00 Minestra del Giorno 7.00 1 lomemade soup, changes daily Le Paste Pence ally Buttera 17.00 Penne with hot and sweet sausages, fresh green Sauteed Spinach peas and a touch of cream 23.50 ' Paglia a Fieno con Astice a Radiccio 21.50 Paglia c Fieno pasta losscd with fresh lobster Garganelli con Asparagi a Caprino 18.50 Quil shaped homemade Pasta with asparagus tips, aged pecorino cheese and arugula Ravioli di Patate a Porri 17.00 Homemade Potato & leek ravioli finished with a light truffle oil & a touch of pesto 26.00 Pappardelle con Coniglio a Funghi Porcini 18.00 Fresh large noodles tossed with sauce of stewed farm raised rabbit and porcini mushrooms 32.50 Spaghetti al filetto di Pomodoro 15.50 Homemade Spaghetti with fresh stewed tomatoes and basil Spaghetti con Vougole 17.50 ... with a sauce of manila clams in the shell Farrotto or Risotto del Giorno P.A Ancient Tuscan grain, prepared in the style of risotto, or risotto ingredients change daily 22.00 smaller portions of pasta are available as appetizers Executive Chef.- Roberto Mosconi I Secondi Pesce Arrosto del Giorno P.A Whole fish of the day roasted with fresh herbs and lemon Sauteed Spinach Coda di Rospo con Fagiolli 23.50 ' Roasted Motile fish served over a spring ragu of tomato Spinach Puree braised flageolets Salmone Con Asparagi a Fagiolini 25.00 Pan scared Salmon served on a bed of sauteed asparagus, baby string beans, roasted peppers & finished with a balsamic vinaigrette "IL Nostril" Caciucco" 30.00 Hearty Tuscan stew of mixed fish and shellfish Tonno alla Griglia con Salsa Crudaiola 26.00 Grilled yellowfin Tuna served with oven roasted tomatoes And sweet vidalia onions, topped with a gacta olive vinaigrette Costoletta alla Milanese 32.50 Thinly pounded veal chop, on the bone, breaded with herbs topped with a salad of mizuna, cherry tomatoes, red onions Bistecca Fiorentina 36.00 Rib -eyc steak grilled on the bone, Florentine style presented with a choice of our three homemade herb oils of Roscmary,Thymc & Garlic Fegato con Cipolline Perla 22.00 Calves liver, pan scared in brown butter with pearl onions, white grapes and fresh sage Polletto al Mattmte 23.00 Roasted baby Chicken served with savoyard potatoes in a whole grain mustard sauce Osso Buco di Vitello Con Polenta 30.00 Braised Veal shank served over soft homemade Polcnta Anatra Arrosto 29.00 Tender roasted Moscow duck with a honey chestnut sauce served over a pear compote "Le Nostre" Palatine 10.50 Tuscan fried potatoes and herbs Le Insalate Insalata di Stagione 7.00 Seasonal green salad Insalata di Valeriana 9.50 Baby organic machc salad served with thinly sliced shallots and a lemon vinaigrette Insalata di Riccia a Radicchio con Pancetta 10.00 Frisse with a warm Pancetta and balsamic dressing I Contorni 6.00 Carotine Saltate Spinaci Saltati Sauteed baby carrots Sauteed Spinach Puree di Patate Puree Di Spinaci Puree of Potatoes Spinach Puree Cime Di Rape, aglio, olio a peperoncino Broccoli Rabe with Garlic,Oilve oil & Red Peppers Patate Arrosto Con Rosmarino Rosemary roasted potatoes The plates on display were created by celebrated international artists on Behalf of Bunt Recordo, a non profit organization dedicated to preserving and promoting Italian regional cuisine The price of our Caciucco plate, painted by artist Mel Remos, is Sl S A portion of the proceeds will be donated to the Audrey Ilepburn Holhnvood.for children fired and City Meals oil Wieels. d o-- \ N}� r x arl � . \e d Iris T7TYY b b b CIFY y '1S PUEL WIS �ALn 'u) —, S D O° r �r �r D N m x p �n S>-� 7 � y z p -, a I I O N T T T T T N jr I ,T_T_ .p [P 00 O] siz oo M �o tD OD W (,i o --J m F— �a �� ° SihE I• i Sworn _ SIOES- m pg D L n _ Z L o-- \ N}� r x arl � . \e d Iris T7TYY b b b CIFY y '1S PUEL WIS �ALn 'u) —, S D O° r �r �r D N m x p �n S>-� 7 � y z p -, a I I O N V N N Q .p [P 00 O] siz oo M �o tD OD W (,i .i0O ° Q v Oq c -- E �c 1� _ q I I ' \ O IO �O O O� goo IN i O NOTICE COURTESY SUMMARY NOTICE CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 66' )-6327; Fax #: (305) 666 -4591 On Tuesday, May 12, 1998, at 7 :30 P.M. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: A Special Use Permit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive, Tenant Space A09, South Miami, Florida 33143. A Special Use Permit for a "Restaurant, General' in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive, Tenant Space A! 5, South Miami, Florida 33143. A Special Use'Per it for a "Restaurant, General' in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code, regarding property located at 5701 Sunset Drive, Tenant Space BO 1, South Miami, Florida 33143. For more information regarding this application or any matter, please call (305) 663 -6326. All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. TAACf C -..- - I - -- MAILING AREA APPLICANT: C.P. REST SUNSET, INC. OWNER: BAKERY ASSOCIATES, LTD. ADDRESS: 5701 SUNSET DRIVE TENANT SPACE B01 REQUEST: SPECIAL USE PERMIT CITY OF SOUTH MIAMI NORTH HEARING NUMBER: PB -98 -010 DATE: MAY 12; 1998 PLANNING BOARD SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, May 12, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance A. Mr. Pages, Chairperson, called the meeting to.order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Lefley, Mr. Basu, and Mr. Wiscombe B. Board members absent 1. Ms. Thorner C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Presentations A. Celebration of the Planning Board's 50' Anniversary 1. Mr. Pages related that it is an honorable and enriching experience to be a member of the Planning Board, particularly at the time of its 50`' anniversary celebration. 2. Mr. Pages called for a brief recess to acknowledge the Planning Board's 50`x' anniversary. 3. The Board reconvened and continued with the Remarks section of the agenda. IV. Public Hearings PB Min 05 -12 -98 1 a. Mr. Gallop explained that the Board must seek answers to two areas: (1) consistency with the Comprehensive Plan and (2) compliance with the Land Development Code. b. Staff suggested that the Board's approval be based on the condition that the applicant provide additional information to the City Commission. c. The Board concurred that its position is to look beyond "bare minimum" responsibility involved with applications and, in this particular case, to see the overall impact of the project. 8. Board members continued to provide commentary involving concerns and problem they had with the applications and /or project, including receiving additional information with which to render a well - informed decision. a. Mr. Basu asked that the applicant and /or representatives return to Planning Board in order to provide additional information and to allow an exchange of ideas. b. Mr. Lefley stated that he would prefer a presentation showing how the project interrelates with the site and how its components integrate to form the complex, including such particulars as percentages for outdoor dining, provisions for fire equipment and major utilities, etc. c. Mr. Schneider responded that such a comprehensive presentation on the project would be given at the next Planning Board meeting. d. Staff recommended that the Planning Board hold a workshop meeting involving the Shops, including visitation of the construction site, and agreed to contact the project manager in scheduling such a meeting. 9. Following the discussion, the Board voted on the matter. 10. Vote: Approved: 6 Disapproved: 0 C. ITEM: PB -98 -010 Applicant: C.P. Rest Sunset, Inc. Request: A Special Use Permit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive Tenant Space BO South Miami, Florida 33143 1. Ms. Chimelis read the request into the record. No representative was present for the applicant. 2. Staff presented the item to the Board, explaining that the new restaurant would be located in tenant space BO1, would occupy 5,782 square feet, and would provide seating for 187 patrons PB Min 05 -12 -98 5 indoors and 72 customers outdoors. 3. Public hearing was opened. 4. There being no one present wishing to speak for or against the item, the public hearing was closed. 5. The Board reviewed the application. a. In regard to earlier remarks regarding pedestrian amenities, Mr. Basu stated that this particular application calls for a more creative use of outdoor features, including a greater number of seats and an exterior bar. b. Mr. Basu inquired as to the status of the restaurant cap, and staff noted that of the 61,250 square feet allocated for restaurant use at the Shops, the current breakdown is as follows: Gameworks 5,170; Coco Pazzo 5,782; Country Store 8,279; and Swampy's 12,686, for a total of 31,917 square feet utilized thus far. c. In further discussion of restaurant use, Mr. Schneider related that Johnny Rockets will be located on the second level at the San Remo entrance and China Grill will be located on the first level on Sunset Drive. d. Mr. Schneider explained that, additionally, there is 1,777 square feet along Sunset Drive; 2,177 square feet at Red Road and the internal street on the first level; and a location on the third level that is "not yet under commitment ". e. Mr. Schneider confirmed that Barnie's Coffee and Tea would not fall under restaurant use and, therefore, not included in the restaurant cap. f. In response to Mr. Morton's question involving number of seats, staff so noted that 86 seats would be outside and 173 seats would be inside. f. Mr. Morton inquired as to the restaurant cap of 61,250 square feet, staff replied that this figure refers to restaurant space only, including kitchen and counter space. 6. Motion: Mr. Basu moved approval of the application as presented. Mr. Wiscombe seconded the motion. 7. Vote: Approved: 6 Disapproved: 0 PB Min 05 -12 -98 6 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octeima V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 2, 1998 inthe ...................... XXXXX.............. .........................Court, was published in said newspaper in the issues of May 22, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commissio fun for the purpose of securW§ this advertisem public tion in the said news er 22 Sworn to and subscribed before me this Y ........day of............................................................. A.D.19 ...... lP•......�att.1.............................. (SEAL) OFFICIAL NOTARY SEAL Octelma V. Ferbeyre person I r�Ynt. CHERYL H 67ARMER COMM=10N NUMBER r Q CC54'5384 �fF Oho MY COFA SStON EXPIRES OF F!~ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its- regular City Commission meeting on Tuesday,-June 2, 1998, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL, USE PERMIT FOR :A ' RESTAURANT, GENERAL,' PURSUANT TO SECTION'20- 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE A09, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR LEGAL.DESCRIPTION ;,,AND, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST. FOR A SPECIAL USE PERMIT FOR - A 'RESTAURANT, GENERAL,' PURSUANT TO' SECTION 2D- 3.4 (B) (4) (b) OF THE LAND. DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET'. DRIVE, TENANT SPACE A15, SOUTH MIAMI, FLORIDA 33143; PROVIDING ,FOR A LEGAL DESCRIPTION; AND; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO" A REQUEST FOR A SPECIAL USE PERMIT FOR A. 'RESTAURANT, GENERAL,' PURSUANT TO SECTION 20=r 3.4 (B) (4) (b) OF .THE LAND DEVELOPMENT CODE;' REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE B01, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND; PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning & Zoning Department at: 663 - 6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC , City Clerk `City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the 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 proceed - ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 5/22 98 -3. 052261 M V__j CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: June 2, 1998 FROM: Charles D. Scurr City Manager SUBJECT: Agenda Item # Iq Commission Meeting, June 2, 1998 CITYWIDE TREE PLANTING - LIVE OAKS The City has an opportunity to purchase a number of oak trees at the wholesale price of $100 per tree (planted), These trees, grown and sold by Manuel Diaz Farms, Inc., are between 10 and 12 feet high. The attached resolution seeks authorization for an expenditure of $5,000.00 to purchase 50 live oak trees from said vendor. This vendor is on contract with Miami -Dade County through the competitive bid process. Over the past Week, the locations for the tree plantings were determined by staff from the Planning, Parks, and Public Works Departments. These locations provide a balanced distribution of the trees across the city_ In the future, a formal citywide landscaping plan will be developed in order to implement more extensive tree planting efforts. The purchase and installation of the trees must take place expeditiously, since due to climatic reasons, the trees are to be planted not later than the first week in June. FuMLY for the $S, 000.00 expenditure is available in Public Works Landscaping Division budget. Approval is recommended. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,000.00 TO MANUEL DIAZ FARMS, INC. FOR THE PURCHASE AND PLANTING OF FIFTY (50) LIVE OAK TREES CITY WIDE AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01- 1750 -519- 4625, "LANDSCAPE MAINTENANCE ". WHEREAS, planting trees on public right -of -ways is an important part of the City of South Miami's commitment to enhance its landscaping on a citywide basis, and; WHEREAS, the City has an opportunity to purchase oak trees from a reputable vendor at a wholesale price, and; WHEREAS, the trees will be planted at various locations throughout the city as determined by Planning, Parks, and Public Works staff, and; WHEREAS, said vendor is on the Miami -Dade County contract through the competitive bid process, and; WHEREAS, funding for the purchase is available in the Public Works Department's landscaping budget. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and is hereby authorized to disburse the sum of $5,000.00 to Manuel Diaz Farms, Inc. for the purchase and planting of fifty (50) live oak tress citywide. Section 2. The location of the tree plantings will be in accordance with the citywide plan attached. Section 3. This resolution shall be effective immediately and upon adoption hereof. PASSED AND ADOPTED this 2nd day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: MAYOR The following plant material is presently available to all South Florida municipalities. These prices include installation and a 2 year guarantee. LIVE OAKS 10' -12' O.A. $100.00 BURSERA SIMARUBA 112'-14'0.A. $120.00 iLVER BUTTONWOOD 13' -15' O.A. $160.00 GREEN BUTTON WOOD 13' -15' O.A. $110.00 PELTOPHORUM PTEROCARPUM 13'- 15'.O.A. $145.00 ROYAL POINCIANA 11611-18'0.A $175.00 ABEBUTA CARAIBA 115'-17'0.A. $165.00 LYSILOMA SABICU 10' -12' O.A. $140.00 AX MYRTLE 10' -12 O.A. $95.00 MYRSINE -9' O.A. $125.00 SATIN LEAF 10' -12' O.A. $155.00 HONG KONG ORCHIDS 13'-15'0.A. $145.00 HYPHORBE LAGENICAULIS 0'-10'0.A. $300.00 WASHINGTONIA ROBUSTA 10' -12' O.A. $95.00 WASHINGTONIA ROBUSTA 116'-18'0.A. $125.00 WASHINGTONIA ROBUSTA '24' O.A. .$155.00 ROYAL PALM * ROYAL PALM "' Z'-24! O.A. 128'-30'0.A. $250.00 $300.00 3REEN MALAYAN COCONUTS 113'-15'0.A. $199.00 ?ANDANUS UTILIS * 14' -16' O.A. 1 $300.00 NOODYETIA BIFURCATA 12' -14' O.A. 1 $250.00 'ARPENTARIA ACUMINATA 10' -12' O.A. 1 $145.00 iISMARCKIA NOBILIS 1 $395.00 iYOPHORBE VERSCHAFi=ELTII 0'-12'0.A. 1 $200.00 ,REPE MYRTLE ' -10' $125.00 IIBiSCUS ROSA- SINENSIS 110'-12'0.A. $125.00 IGUSTRUM LUCIDUM 10' -12' O.A. $135.00 AUROTIS WHRIGHTII * 18'-20'0.A. $395.00 ICTYOSPERMA ALBUM 12' -14' O.A $200.00 EITCHIA MERRILLI 110'-12'0.A. 1 $135.00 HOENIX CANARIENSIS 14' -16' O.A. $299.00 OCCOLOBA VUIFERA 3' -15' O.A. $165.00 LICIUM DECIPIENS 10' -12' $150.00 •METROPOLITAN DAOE COUNTY X066- 3/00 -2 OPENS: FRIDAY, MAY 29,1998 2:00 PM -- - Metro Dade Center - - -- 111 N.W. 1st Street - - -. _ Suite23SZ� INVITATION TO BID _- Miami, Florida 33128 SECTION 4.0 BID PROPOSAL FORMS PLEASE QUOTE PRICES LESS TAXES, F.O.B. DESTINATION,_ *DELIVERED _IN DADE COUNTY, FLORIDA NOTE: Dade County is Exempt From All Taxes (Federal, State, Local). Bid Price Should Be Less All Taxes. Tax Exemption Certificate Will Be Furnished By The County On Request Issued By: Date Issued: This Bid Proposal Consists Director of General Services Admin. Dade County Florida. - of Pages 18 thru 28 Sealed bids, subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Proposal, such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Proposal will be received at the office of I';?lxQZ9!L"F- +T Mc-o,% . at the address shown above on behalf of the Dade County Board of County Commissioners until the above stated time and date, and at that time publicly opened for furnishing the supplies or services described in the accompanying Bid Proposal Requirement. TREES AND PALMS (FURNISH, DELIVER AND INSTALL) FOR METROPOLITAN DADE COUNTY FOR A TWO (2) YEAR PERIOD WITH COUNTY OPTION TO RENEW FOR THREE (3) ADDITIONAL -YEARS A Bid Deposit in the amount of of the total amount of the bid shall accompany all bids. A Performance Bond in the amount of of the total amount of the bid will be required upon execution of the Contract by the successful bidder and Dade County. DO NOT WRITE IN THIS SPACE ACCEPTED REJECTED NON- RESPONSIVE NO BID DATE B.C.C. e ITEM NOS. ACCEPTED COMMODITY CODE: 595 -75 SPECIALIST: ]-os� S.ti,��Z CPPB /slrb FIRM NAME Manuel Diaz Farms, Inc. STREET ADDRESS 23705 S.W. 117th Avenue CITY_ Homestead STATE &'ZIP CODE Florida, 33032 TELEPHONE NUMBER (305) 258 -5083 AUTHORIZED AGENT Manuel C. Diaz TITLE OF OFFICER President Page 18 ! METROPOLITAN DADE COUNTY BID NO. 5066- 3 /00- OTR -CW planting specifications, it will be returned to the bidder as exchange 'for suitable merchandise or for full credit at no additional cost to the County. The successful Bidder shall promptly correct all deficiencies and /or defects in work and /or any work that fails to conform to the Contract Documents; whether or not fabricated, installed or completed. All corrections shall be made within three (3) calendar days after such rejected defects, deficiencies, and /or non - conformances are verbally reported to the Bidder by the County's Project Administrator. The Bidder shall bear all .costs of correcting such rejected work. If - the - Bidder fails to correct the work within the period specified, the County may, at its discretion, notify the Bidder, in writing, that the .Bidder is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within seven (7) calendar days of receipt of the notice. If the Bidder fails to correct the work within the period specified in the notice, the County shall place the Bidder on default, obtain the services of secondary designated vendor to correct the deficiencies, and charge the Bidder for these costs; either through a deduction from the final payment owed to the Bidder or through invoicing. 2.24 ACCIDENT PREVENTION AND BARRICADES: Precautions shall be exercised-at all times for the protection of persons and property. All Contractors and Sub - Contractors shall conform to ail OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. Barricades shall be provided by the bidder when work is performed in areas traversed by persons, or when deemed necessary by the County Project Manager. 2.25 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS Although this Solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Under these circumstances, a separate purchase order shall be issued by the County which identifies the requirements of the additional County department(s) or agency(ies). 2.26 CLEAN -UP: All unusable materials and debris shall be removed from the premises. At completion, the successful bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the Department Project Manager. 2.27 SOUTH FLORIDA WIDE: Any Governmental Unit in Dade Broward. Palm Beach_, Munroe and Collier Counties, Florida, may avail itself of this contract and purchase any all items specified nerein rrom the successrul contract prices) plus additional transportation cos Vendor and any public entity outside of a e oun y. Page 9 Jder(s)_.yat.__ agreed upon METROPOLITAN DADE COUNTY BID NO. 5066- 3/00 -1 ftEj'J T11REE USLES S OTHERWISE Is 1111S ISVITITION OPENING.- Friday, 2:00 PM - DATE; 'May 30, 1997 COPIES SPECIFIED TLJ. _ 14 ON TO SAL FORMS PLEASE QUOTE PRICES LESS TAXES, F.O.B. DESTINATION, .DELIVERED IN DADE COUNTY, FLORIDA NOTE: Dade COLnty is Exempt.From All Taxes (Federal, State, focal). Bid Price Should Be Less All Taxes. Tax Exemption Certificate Will _Be- Furnished -By The County-On- Request - -- Issued By: VICTOR J. MONZON- AGUIRRE Date Issued: 06/15/95 This Bid Proposal Consists director of General Services Admin. Dade County Florida. of Pages 18- thru -26- Sealed bids, subject to the Terms and Conditions of this Invitation to, Bid and the accompanying Bid Proposal, such other contract provisions, specifications, drawings or )they data as are attached or incorporated by reference in the Bid Proposal will be -eceivedIat the office of the Clerk of the Board at the address shown above on behalf of the )ade County Board of County Commissioners until the above stated time and date, and at that ;ime publicly opened for furnishing the supplies or services described in the accompanying Bid Proposal Requirement. TREES AND PALMS (FURNISH, DELIVER AND INSTALL) OPTION METROPOLITAN DADE THREE DADE COUNTY FOR .' TWO (2) PERIOD WITH COUNTY ADDITIONAL YEARS Bid Deposit in the amount of _$5,000.00 of the total amount of the bid shall accompany all ids. Performance Bond in the amount of 100% of the total amount of the bid will be equired upon execution of the Contract by the successfui.bidder and Dade County. .DO NOT WRITE IN THIS SPACE %CCEPTED REJECTED ION- RESPONSIVE _.___ NO BID )ATE B.C.C. :TEM NOS. ACCEPTED :OMMODITY CODE: 595 -75 ,PECIALIST: Jose A. Sanchez, CPPB /vs FIRM NAME -MANUEL DIAZ FARMS, INC. STREET ADDRESS 23705 S.W. 117th AVENUE CITY HOMESTEAD STATE b ZIP CODE FLORIDA, 33032 TELEPHONE NUMBER (305) 258 -5083 AUTHORIZED AGENT MANUEL C. DIAZ TITLE OF OFFICER PRESIDENT PLEASE METROPOLITAN DADE COUNTY R,ETORN THEE CUPIES UNLESS OTHER��'iS� S�'E�IEIE icy THIS ItiV'ITaT10ti INIA-FATIN N TTo O ROPI BID NO. 5066- 3 /00- 0TR -CW FORMS OPENING: 2:00 P.M. FRIDAY DATE: JUNE 30, 1995 CLERK OF THE BOARD Metro Dade Center 111 N.W. 1st Street Suite 210 Miami, Florida 33128 LESS TAXES, F.O.B. DESTINATION, DELIVERED IN DADE COUNTY;. FLORIDA NOTE: Dade County. -is Exempt - From A11 Taxes (Federal, State, Local). 'Bid Price Should Be Less All Taxes. Tax Exemption Certificate Will Be Furnished By The County On Request Issued By: VICTOR J. MONZON- AGUIRRE Date - Issued: 06 /16/95 This Bid-Proposal Consist: Director of General Services Admin. Dade County Florida. of Pages 18 thru 28 Sealed bids, subject to the Terms and Conditions of this Invitation to Bid and th accompanying Bid Proposal, such other contract provisions, specifications, drawings o other data as are attached or incorporated by reference in the Bid Proposal will b received at the office of the Clerk of the Board at the address shown above on behalf of th Dade County Board of County Commissioners until_ the above stated time and date; and at tha time publicly opened for furnishing the supplies or services described in th accompanying Bid Proposal Requirement. TREES AND PALMS (FURNISH, DELIVER AND INSTALL) FOR METROPOLITAN DADE COUNTY FOR A TWO (2) YEAR PERIOD WITH COUNTY OPTION TO RENEW FOR THREE (3) ADDITIONAL YEARS A Bid Deposit in the amount of $5.000.00 of the total amount of the bid shall accompany all bids. A Performance Bond in the amount of 100 °0 of the total amount of the bid will be required upon execution of the Contract by the successful bidder and Dade County. DO NOT WRITE IN THIS SPACE ACCEPTED NON - RESPONSIVE DATE B. C. C. ITEM NOS. ACCEPTED COMMODITY CODE: 595 -75 REJECTED NO BID SPECIALIST: J. CARLOS PLASENCIA, CPPB /slrb FIRM NAME MANUEL DIAZ FARMS, INC. STREET ADDRESS 23705 S.W. 117 AT'ENUE CITY _HmESTEAD STATE R ZIP CODE FLORIDA 33032 TELEPHONE NUMBER (305) 258 -5083 AUTHORIZED AGENT MANUEL C. DIAZ TITLE OF OFFICER PRESIDENT Page 18 SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Mayor and City Commission Date: May 1, 1998 FROM: Charles Scurr Re: Agenda Item # Interim City Manager Comm.Mtg. 5/12/98 AB &T Youth Programs The South Miami Police Department wishes to engage in two programs which the Florida Division of Alcohol, Beverage and Tobacco is promoting statewide. Both programs target juveniles who may use cigarettes and /or alcohol. The programs are designed to pay all overtime incurred as participants in these programs. Therefore, they would have no permanent fiscal impact upon our budget. The only requirement is that the City pay the officers involved and then invoice the AB &T for reimbursement. AB &T requires that we enter into contractual agreement for participation. This is similar to other programs in which we are currently or were previously engaged. Your concurrence is requested. CS /esw RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE POLICE DEPARTMENT, TO ENTER INTO A PROGRAM WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO TO COMBAT THE EASE WITH WHICH JUVENILES CAN OBTAIN CIGARETTES AND ALCOHOLIC BEVERAGES; TO EXECUTE SUCH CONTRACTS BOTH NOW AND IN THE FUTURE, SO THAT ALL COSTS FOR SALARIES AND EXPENSES FOR SUCH PARTIC- IPATION ARE FULLY REIMBURSED BY THE STATE WHEREAS, the City of South Miami recognizes that alcohol and tobacco play an extremely negative role in the personal development of our young people, and; WHEREAS, young people are victimized by the glamour implicit in alcohol and /or tobacco advertising, and; WHEREAS, often young people attempt to purchase tobacco and /or alcohol products from retailers who are at times ill - prepared to combat this problem due to a lack of training and due to their proximity to schools, and; WHEREAS, the Florida Division of Alcoholic Beverages and Tobacco (AB &T) has developed programs to combat this problem and provide for training and enforcement for local officers with full reimbursement for all operational expenses incurred; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, Section 1: That the City Manager is authorized to enter into such contractual agreements both now and in the future with AB& to assure the Police Department's continued participation in these programs. Section 2: This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of , 1998. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ACTS PROGRAM AGENTS COMBATING TOBACCO SALES (ACTS) Young people are victimized by the glamor implicit in tobacco advertising and seduced by the ease at which they can often acquire tobacco products. Many young people attempt to purchase tobacco products from retailers who are often ill prepared to combat this effort because of lack of training and their proximity to local schools. This combination lures many young people into committing an illegal act. The Florida Division of Alcoholic Beverages and Tobacco (AB &T) is dedicated to reducing the ease at which young people can obtain tobacco products by working with the industry to obtain voluntary compliance. A major program intended to encourage voluntary compliance and to provide training to retailers is the Agents Combating Tobacco Sales or ACTS program. Special agents of AB &T and local law enforcement officers will work alongside employees in community stores which are patronized by young people, often near schools and malls. In this program officers will pose either as a second employee or a customer in a retail location that sells tobacco products. The officer will observe any young person who purchases or attempts to purchase tobacco products (or alcoholic beverages) and will take appropriate action for such violation. If a young person purchases tobacco products, the agent will be able to issue a citation or refer the young person into an anti- tobacco education program. If the young person purchases or attempts to purchase alcoholic beverages the officer will be able to arrest or issue a notice to appear to the violator. The officers will be able to train store employees in proper tobacco sales techniques including checking identification of tobacco purchasers who appear to be under 27 years of age, instruction in florida law, identifying persons who are under 18, and third party sales. Through announcements on tv and radio, signs, posters, billboards, news reports and school newspaper accounts, the word quickly gets to underage persons that businesses in their community are putting undercover officers in the stores. The goal of the ACTS program is to create an environment in which a young person is unsure if the clerk they are attempting to buy tobacco products from is an officer or not, thus causing the young person to not to attempt to purchase the product. The ACTS program will be utilized in retail locations within close proximity to schools and in locations where young people are known to attempt to purchase tobacco products. ACTS PROGRAM OPERATING PROCEDURE 1. Acts is primarily a package sales premises program. The program will be worked in two officer teams. One officer will work inside of the store while the other officer works outside. The inside officer will either pose as a store clerk or a store patron (to be negotiated by the store manager and the District AB &T ACTS Manager) assisting the clerks and checking ID's when necessary. The outside officer will be serving to back up the inside officer and looking for older persons attempting to purchase for underage persons. 2. Since ACTS is a cooperative program with licensees the officers will notify the store employees when they arrive at the business and explain how they plan to work the program. 3. The inside officer may pose as a clerk or may act as a browsing patron, however officers will not wait on customers, handle money, or become involved in sales transactions. 4. Special Agents or Sergeants of the Florida Division of AB &T will be assigned as coordinators /managers of the ACTS program at the district level. 5. These coordinators /managers will be responsible for planning the operations. 6. Coordinators /managers will monitor the activities of the officers participating in the program to insure the integrity of the program. Officers who appear to be malingering should not be considered for further assignments. 7. Coordinators /managers will be allowed to work overtime for payment. 8. Coordinators /managers will conduct training for the officers participating in the program 9. Officers participating in the ACTS program will submit an activity log (per store) to the AB &T coordinator /manager. 10. Every effort should be made to assist the store employees participating in the ACTS program to identify underage buyers. There should be no reason to charge an employee for this violation during this operation if the program is being worked correctly. 11. Target areas should be stores close to schools and stores where underage persons are known to attempt to purchase. ACTS TRAINING PROGRAM ACTS training points 1_ Officers and store managers should determine if the best approach is posing as an employee or as a store customer. 2. Officers should advise store employees of their activities. 3. Officers should advise store employees of.what action is expected of them. 4. Officer should use any opportunity to offer training or instruction to store employees. -5. Statutes most likely to be violated; Fss 569.11 - possession of tobacco products by person under age 18 note- sale must be consummated in order for there to be a violation of this statute misrepresenting age to purchase tobacco products - misrepresenting military service to purchase tobacco products Fss 569.002 - giving tobacco products to a person under age 18 (3rd party sales) Fss 562.111 possession of alcoholic beverages by person under 21 Fss 562.111 & 777.04 - attempted possession of alcoholic beverages by persons under 21 Fss 562.11 - giving alcoholic beverages to person under 21 (3rd party sales) 6. Officers will complete ACTS program activity log per store. 7. Officers will submit the activity log to the AB &T coordinator/ manager. ACTS PROGRAM MEDIA EXPOSURE News releases explaining why and how the ACTS program will be conducted will be provided to the news media This new program will be added to educational program presentations to include the speakers bureau. Regional news releases will be prepared to keep . the public informed of the program results. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO AND CONTRACT FOR TOBACCO ENFORCEMENT (ACTS) CONTRACT NUMBER The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco is concerned about the availability of tobacco products to underage persons. In the efforts to reduce this availability, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco seeks to increase tobacco enforcement activities. PARTIES: This contract is made and entered into this day of , 1998, by and between the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco hereinafter called the DABT, and hereinafter referred to as the CONTRACTOR, to conduct Agents Combating Tobacco Sales "ACTS" enforcement as more fully described below. This contract is exclusive and personal and may not be assigned by the CONTRACTOR in whole or in part. ACTS Program: The ACTS program provides for the placement of a law enforcement officer, either as a second employee or a customer in a retail location that sells tobacco products. If an underage person purchases tobacco products, the law enforcement officer will issue a citation. If the underage person attempts to purchase or purchases an alcoholic beverage, the law enforcement officer will either make a physical arrest or issue a notice to appear. In addition, the law enforcement officer will train store employees in the proper method of checking identification for purchases of tobacco and alcoholic beverages. The goal of the ACTS program is to create an environment in which underage persons are unsure as to whether or not the clerk from whom they are attempting to purchase is an officer, thereby reducing the opportunities for underage persons to purchase illegal items. This program will primally be utilized in close proximity to schools and in locations underage persons are likely to frequent. Contractual services may begin on , 1998, or upon full execution of this contract, whichever is the later date, and contractual services shall end on June 30, 1998. For each investigation conducted, the consideration will be The minimum number of ACTS investigations conducted per contract will be , while the maximum number per contract will be SPECIAL PROVISIONS 1. ADVERTISING / MEDIA INFORMATION: The CONTRACTOR agrees to prior coordination of any advertising or media contact. 2. PROPRIETARY INTEREST: Anything, by whatsoever designation it may be known, that is produced by, reviewed, or developed in connection with this contract shall remain the exclusive property of the DABT and may not be copyrighted, patented, or otherwise restricted pursuant to Florida Statutes. Neither the CONTRACTOR nor any other individual employed under this contract shall have any proprietary interest in any product(s) produced, reviewed, or delivered pursuant to this contract. 3. SERVICES: The CONTRACTOR -shall perform and render as an independent contractor and not as an agent, representative, or employee of the DABT, all the services described herein in a proper and satisfactory manner as determined by the DABT in its sole discretion. 4. CONTRACTOR may be required to perform any or all of the following: A. Agents Combating Tobacco Sales (ACTS) Investigations. The addendum to the contract contains a Statement of Work to be performed. 5. COSTS AND EXPENSES: The law enforcement agency which furnishes such equipment pursuant to this contract shall bear any loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance. Therefore each agency shall be responsible for its own expenses incurred during the course of the investigation unless otherwise agreed upon by all of the parties. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services under the contract as may be required. However, no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities and services in furnishing such assistance. All expenses normally associated with the employment of personnel, such as salary, travel expenses, per diem and other benefits, shall be borne by the employing agency. In the event equipment is loaned from one party to another pursuant to this contract, the borrowing party agrees to bear any costs pertaining to use, damage, or loss of the equipment. Time and travel incurred in testifying in criminal cases will not be included in this contract. However, time and travel involved in civil or administrative proceedings initiated by the DABT will be compensated in the manner that is customary for witness and mileage and will be in accordance with section 112.061, Florida Statutes. 2 6. SUPERVISION: Supervision of the personnel assigned to this investigation shall be the responsibility of the CONTRACTOR. Responsibility for the conduct of individual members will be with the respective agency head or his designated supervisor. The CONTRACTOR will appoint a Lead Contract Manager for the duration of the contract who will be the DABT primary point of communication. Any change in the Lead Contract Manager must be communicated to the DABT Contract Manager in writing. DABT will assign a Special Agent or supervisor as the DABT Contract Manager who will have overall coordination and management authority under this contract. The DABT Contract Manager will have responsibility for training, site selection, operational oversight, report review, program and payment audit, and records management. The DABT Contract Manager will be the sole point of contact with the CONTRACTOR for the resolution of problems, contract or program interpretation, or contract modification. Appeals of decisions made by the DABT Contract Manager must be directed to Captain Mark Willingham at 850- 413- 0850. DABT will notify the CONTRACTOR in writing of any change in the DABT Contract Manager. Operational strategies will be mutually addressed and resolved by the Contract Manager and the CONTRACTOR. The parties agree to meet not less than once a month to discuss and implement investigative strategies and resolve any problems which may arise. 7. INVESTIGATIVE REPORTS: The CONTRACTOR agrees to utilize DABT reports; any additional reports created for the use of the CONTRACTOR shall be provided to the DABT. 8. UNDERAGE OPERATIVES: The day to day control and supervision of any underage operative shall be under the individual agent or officer recruiting said operative. However, there shall be a shared responsibility for the overall management of any operative which shall be consistent with the goals and objectives of the investigation. 9. SEIZED PROPERTY: In the event that any property or cash is seized as a result of investigative activities governed by this contract, the parties agree to ensure the equitable distribution of forfeited property, cash or proceeds from the sale of forfeited property. The forfeiture and distribution of such property shall be pursuant to Section 932.701, et seq., Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated directly and substantially in any of the acts which led to the seizure or forfeiture of such property or cash. It is agreed that the percentage of any 3 proceeds from forfeited property or the value of property retained by an agency shall be commensurate with the participation of that agency in the activity which resulted in the seizure, unless otherwise agreed to by the participating agencies. Any agency which provides for court costs or costs for maintaining seized property shall be reimbursed out of any proceeds from the sale of seized property prior to the distribution of proceeds. GENERAL PROVISIONS 1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582, Florida Statutes, the DABT's performance and obligation to pay under this contract is contingent upon an appropriation by the Florida Legislature. 2. AUDIT: All invoices shall be submitted by the CONTRACTOR to the DABT with sufficient detail for proper pre - auditor post- audit. 3. CANCELLATION: This contract may be terminated by either party with or without cause, by giving written notice to the other party; said notice shall be sufficient if it is delivered to the party personally, mailed by certified mail to the mailing address as specified herein, or sent by facsimile to facsimile number ( 850) 921- 4292. In case of cancellation, only the costs actually accrued for services satisfactorily performed prior to the date of cancellation shall be due and payable, and all work in progress shall remain the property of the DABT and shall be delivered to the DABT. 4. ENTIRE AGREEMENT: This contract and its Statement of Work addendum constitutes the entire agreement of the parties, and no other agreement or modification to this contract, expressed or implied, shall be binding on either party unless same shall be in writing and signed by both parties. This agreement may not be orally modified. Any modification must be in writing, expressly titled a modification, amendment, or addendum to this contract, attached to this contract, and signed by both parties. 5. LIABILITY: Each agency shall bear the liability arising .from acts undertaken by its personnel pursuant to this contract. All of the privileges and immunities from liability, exemption from law, ordinances and rules, all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions for their respective public agencies shall apply to them to the same degree, manner and extent while engaged in the performance of any of their functions and duties under the provisions of this 4 contract. The provisions of this section shall apply with equal effect to volunteer and auxiliary employees. In no event, shall a participating agency or political subdivision be liable for suit or claim for damages resulting from the acts of another participating agency. Furthermore, any claim of liability asserted against the DABT may be subject to the limitations under Sections 768.28, and 284.31, Florida Statutes. 6. PAYMENT: A. Section 215.422, Florida Statutes, provides that state agencies have five (5) working days to inspect and approve goods and services, unless bid specifications, the contract, or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received, or the goods or services are received, inspected and approved, a separate interest penalty of .02740% will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than thirty - five (35) days from the date of eligibility for payment is determined. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, may be contacted at (850) 488 -2924, or by calling the State Comptroller's Hotline, 1-800-848-3792. B. Invoices with supporting documentation as outlined in the addendum, shall be submitted by the CONTRACTOR to the DABT monthly on the 5th day of the following month to Cpt. Mark Willingham at 1940 North Monroe Street, Tallahassee, Florida 32399 -1024. Payment is due within forty (40) days after receipt of each invoice. No advance payments are authorized by this contract. 7. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Statutes, CONTRACTOR shall allow access to all documents, papers, letters or other materials subject to Chapter 119, Florida Statutes. If CONTRACTOR refuses access to such documents, the DABT may petition any court to compel production of such documents. CONTRACTOR shall then pay all costs and attorney fees pursuant to this action. The DABT may unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other new \abt \tobkacts material originated or received by the CONTRACTOR in conjunction with the contract subject to the provisions of Chapter 119, Florida Statutes. 8. TRAVEL AND EXPENSES: A. Regular travel costs are the responsibility of the CONTRACTOR, however, extraordinary travel, that is travel outside of the county, will be compensated in accordance with Section 112.061, Florida Statutes. B. The CONTRACTOR shall contact the undersigned contract manager prior to incurring any travel or any other expenses. The contract manager may require pre - authorization and pre- approval of any or all travel or expenses on "State .of Florida Authorization To incur Travel Form." In the event pre- authorization is required and CONTRACTOR fails to provide documentation of same, CONTRACTOR shall not be reimbursed for same. C. Requests for reimbursement are to be submitted on a "State of Florida Voucher for Reimbursement of Traveling Expenses" form. 9. ATTORNEY'S FEES: Except as provided in the clause entitled "Public Documents ", and as otherwise provided by law, the parties agree to be responsible for their own attorney's fees incurred in connection with disputes arising under the terms of this agreement. 10. DISPUTES: This contract shall be governed by and construed in accordance with the laws of Florida, and the DABT is entitled to assert venue for any disputes arising out of this contract in Leon County, Florida. 11. OTHER EMPLOYMENT: CONTRACTOR shall not engage the services of any person or persons now employed by the State of Florida, including DABT or subdivision thereof, to provide services relating to this contract without written consent of the employer of such person or persons and of the DABT. 12. NOTICE TO CONTRACTOR: The DABT shall consider the employment by any contractor of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. (This space left blank.) C. new \abt \tobkacts WITH THEIR SIGNATURES, the parties agree to all the provisions, special and general, and all other terms and conditions of this contract. Florida law governs this contract. STATE OF FLORIDA Richard T. Ferrell Contractor Secretary Name, Title Department of Business and Address Professional Regulation City /State /Zip 1940 North Monroe Street Tallahassee, Florida 32399 -0750 Date (Signed by DBPR Signing Authoity) Date (Signed by Contractor) Phone Number: Federal Employer I.D. Number or Social Security Number Florida Corporation Registration Number (If Applicable) 05/01/1998 17:36 8509214292 YATP PAGE 02 Contract Addendum I - ACTS 1. Program Oven iew. The contracted assistance requested though this project is part of the Govemor's Kids Campaign Against Tobacco. The goal of this project is to create doubt in the minds of potential -anderage tobacco (and alcohol) purchasers as to whether the store is staffed by a law enforcement officer thus dissuading him or her from attempting to purchase tobacco (and alcohol) products. Young people have an incredible "intelligence' network. This network allows those who are interested in purchasing tobacco (and alcohol) products to know which store to bT to purchase from. The ACTS program seeks to capitalize on that information network by creating an environment where the clerk in a store selling tobacco (and alcohol) may be a law enforcement officer and using the information network to reinforce the message. While participating in the program, cite officer/deputy will be inside the store. He or she may be dressed like an employee of the stole posing as a second clerk or may be posing as a customer shopping in the store. The second officer/deputy will be stationed o-atside in a position to observe any dangerous situations which may develop and to be able to assist the inside offi.cer when he/she encounters a young person. When a young person enters the store and either takes possession of a tobacco product or. an alcoholic beverage, the officer/deputy will identify hirn/herself to the young person and determiae if they are of age to possess the product. If they are not of age, an appropriate J misdemeanor or civil citation will be Issuod. At no time will the store employee be authorized to violate Florida law by providing tobacco or alcohol prod acts to the underage person. 'A%jle in the store, the law enforcement officer will provide training to store persomel on methods of detecting false identifi* cation, techniques to identify an underage person, sb.ategies to safely refase the sale, and other related legal issues. The Division of Alcoholic Beverages and Tobacco (DAB&T) is contracting with your agency for the enforcement activities outlined above. The contract will be structured on an assignment completion basis. Under that concept, the contracted agency will complete, ACTS assignments based on the protocol established by DAB&T and will be reimbursed for the activity an a 05/01/1998 17:36 awnthlv basis. 8509214292 YATP PAGE 03 The work unit will be based on retail tobacco dealers holding permits issued by the Division of Alcoholic Beverages and Tobacco (DAB&T), To complete tlie work, DAB&T requires the use of two officers/deputies per work- unit. The work unit will W-VOlve two (2) hours of contact in the retail location. There will be a one (1) :hour allowance for travel and preparation. The total allowable contract hours per ACTS unit will be six (6) for 2 officers/deputies at three hours each. In addition to the reimbursement for the work- hours, the contract may include reimbursement for other costs such as the use of vehicles, payment to the underage vclunleer, evidence costs, etc. 3. Traiuing. The Division of Alcoholic Beverages and Tobacco, through the assigned DAB &T Contract Manager, will conduct training of the agency personnel who will participate in the program. Up to two traintig sessions will be provided at the time and place designated by the contracting agency. No officer/deputy may participate in the program unless he or she has received training from the DAB&T Contract Manager, another DAB&T employee, or a person aut boil 17 ed by the contracting agency to provide the training, 4. Site Selection. The DAB&T Contract Manager will select the sites for the program and will secure any necessary authority that may be required to be in the store. The contracting agency may only perform services under this contract in locations assigned by the DAB&T Contract Manager, The contracting agency may make suggestions for locations which will not be unreasonably denied. 5. Terms. `OW This contract is intended to reimburse the contracting agency for actual costs incurred in conducting the investigations. DAB&T seeks to contract for the following: 105 ACTS Programs to be conducted over a six month period at a maximum of 6 hours (inclusive) per ACTS investigation. (Accordingly, the number of programs will be reduced by half for a three month period, totalling 52) This contracted work includes reimbursement for up to a maximum of 630 work hours and reasonable administrative costs. The agency is requested to submit a cost statement to support the cost unit contained in the contract for the cost of providing 105 ACTS programs as outlined above. This cost statement should be in letter f6rm outlining a breakdown of the cost of salaries at six (6) hours per program, and other costs which may be incurred. All costs trust be agreed to in full before the commencement of the contract work. 05/01/1998 17:36 8509214292 YATP ;::,AGE ad The letter should be attached to aid made a pan of the contract forms which have been provided, The package should be submitted to the District Supervisor of the DAB&T office, 05/01/1999 17:36 8509214292 ''ATP PAGE 05 Statement of Work 1111111111111111 1111111111! 1 11,11111911111 g11111111 I�'jillilli�lli��ll�iiiI 1. Program Overview. The contracted assistance requested through this project is part of the Governor's Kids Campaign Against Tobacco, The goal of this project is to create a Tobacco Influence Free Zone. around Public and Private Elementary, Middle, and High Schools in your couu�./city. The, Tobacco Influence Free Zones will be accomplished through the combined efforts of Retailer Compliance Investigations and Tobacco Possession Investigations within walking distance of schools (1/2 mile) of those schools and other arm with a high concentration of school age youth. Tobacco Influence Free Zone. Young people are bombarded with images and experiences that tend to influence their choice to begin using tobacco products. Retailers who make tobacco available in their stores to young people wlao are close to schools actively encourage other young people to try begin using tobacco through this availability, Young people often seek an act of rebellion from adult rules and constraints and tobacco is often used as that first act of rebellion. Young people look for ways to "be cool", to fit into the "in crowd". Groups of young people gathered together, using tobacco, is often seen as a ticool" activity to be emulated by impressionable younger students. By creating a Tobacco Influence Free Zone around Florida's schools, young people will be free of these influences and better able to resist the pressure to use tobacco products. Retailer Compliance Inve3ligations. Retailer Compliance investigations arc designed to test the retailers practice of refusing to sell tobacco products to underage persons. In this program, the contracting agency recruits young people to assist in the investigations. The underage volunteer, under police supervision, is directed to enter a retail tobacco dealer's promise close to a school or other area with a high concentration of young people, seeking to purchase tobacco products. If the sale is refused, the retailer is correctly doing his/her job. If the sale is made, the seller is cited for a criminal misdemeanor and appropriate civil action is brought against the retailer's tobacco permit. The goal of this program is to seek. voluntary compliance with Florida's tobacco access law& Tobacco Possession. Eqtorcement. Florida law prohibits the possession of tobacco products by persons under the age of eighteen. The Tobacco Possession Enforcement program is intended to identify persons under eighteen who are in possession of tobacco products and issue civil citations .for that possession. The goal of the tobacco possession enforcement program is to help 05/01/1998 17:36 8509214292 YATP ' PAGE 06 make it socially unacceptable to possess tobacco products and to move the young people who are in possession of tobacco iato a school approved anti-tobacco education program. 2. Work Overview. The Division oll.'Alcoholic Beverages and Tobacco (DAB&T) is contracting with your agency for enforcement activities as outlined above. The contract will be structured on an assignment completion basis. Under that concept, the agency will complete school-proximity assignments based on the protocol established by DAB&T and will be reimbursed for the activity on a monthly basis. The work unit will be primarily based around elementary, middle, or high schools. It will involve conducting both retailer compliance investigations and tobacco possession investigations in proximity to that school. To complete the work-, DAB&T requires the use of two officersideputies per work unit. The work unit will involve four (4) hours of contact with retailers and young people in close proximity to that school. There will be a one (1) hour allowance for travel and prepaxation. The total contract hours per school unit will be ten (10) for 2 officers/deputies for five hours each. In addition to the reimbursement for the work hours, the contract may include reimbursement for other costs such as the use of vehicles, payment to the underage volunteer, evidence costs, etc. It is anticipated that the officers/deputies will arrive in the proximity of a selected school and conduct both retail compliance checks and tobacco possession investigations while there.. At the discrction of the contracted agency, the work may be divided into two distinct segments for a particular school allowing retail compliance checks to be conducted on one occasion and tobacco possession to be conducted on another if the agency believes this will improve operational efficiertcy, 3® Training. The Division of Alcoholic Beverages and Tobacco, through the assigned DAB&T Contract Manager, will conduct training of the agmcy personnel who will participate in the program. Up to two training sessions will be provided at the time and place designated by the contracting agency. No officer/deputy may participate in the program unless he or she has received training from the DAB&T Contract Manager, another DAB&T employee, or a person authorized by the contracting agency to provide the training. 4, Site Selection. The DAB&T Contract Manager will select the sites for the program and will secure any necessary authority that may be required to be on those sites. The contracting agency may only perform services under this contract in locations assigned by the DAB&T Contract Manager. The contracting agency may make suggestions for locations which will not be unreasonably denied. 17: 36 8509214292 YATP This contract is intended to reimburse the contracting agency for actual costs incurred in conducting the investigations, DAB&T seeks to contract for the following: PAGE 07 53 School Proximity Enforcement Programs to be conducted over a six month period at a maximum of 10 work hours (inclusive) per school proximity investigation. (Accordingly, the number of programs would be reduced by half for a three month period, totalling 26 ) This contracted work includes up to a maximum of 530 work hours and reasonable administrative costs I The agency is requested to sobralt a cost statement to support the cost unit contained in the contract for the cost of providing 53 school proximity programs as outlined above. This cost statement should be in letter form outlining a breakdown of the cost of salaries at ten (10) hours per program., and other costs which may be incurred. All costs must be agreed to in full before the commencement of the contract work. The letter should be attached to and made a part of the contract forms which have been provided. The package should be submitted to the District Supervisor of the DAB&T office. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO AND CONTRACT FOR TOBACCO ENFORCEMENT (SCHOOL PROXIMITY) CONTRACT NUMBER The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco is concerned about the availability of tobacco products to underage persons. In the efforts to reduce this availability, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco seeks to increase tobacco enforcement activities. PARTIES: This contract is made and entered into this day of , ,1998, by and between the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco hereinafter referred to as the DABT, and hereinafter referred to as the CONTRACTOR, to conduct School Proximity Investigations as more fully described below. This contract is exclusive and personal and may not be assigned by the CONTRACTOR in whole or in part. School Proximity Enforcement: The School Proximity Enforcement Program provides for compliance investigations of vendors of tobacco and alcoholic beverage products and tobacco possession enforcement in close proximity to public and private schools thus helping to create a tobacco influence free zone. The compliance investigations will be performed within close proximity of assigned schools and places, where underage persons congregate, utilizing an underage operative to make controlled purchases of said products. The licensed establishment will then be subject to administrative charges for the violation, as well as, the clerk being subject to criminal sanctions for the sale. Tobacco possession investigations will be conducted within close proximity of the assigned schools and places where underage persons congregate. A young person, found to be in possession of tobacco products, will be issued a civil citation for the offense. Contractual services may begin on , 1998, or upon full execution of this contract, whichever is the later date, and contractual services shall end on June 30, 1998. For each investigation conducted, the consideration will be . The minimum number of School Proximity investigations conducted per contract will be while the maximum number per contract will be SPECIAL PROVISIONS 1. ADVERTISING / MEDIA INFORMATION: The CONTRACTOR agrees to prior coordination of any advertising or media contact. 2. PROPRIETARY INTEREST: Anything, by whatsoever designation it may be known, that is produced by, reviewed, or developed in connection with this contract shall remain the exclusive property of the DABT and may not be copyrighted, patented, or otherwise restricted pursuant to Florida Statutes. Neither the CONTRACTOR nor any other individual employed under this contract shall have any proprietary interest in any product(s) produced, reviewed, or delivered pursuant to this contract. 3. SERVICES: The CONTRACTOR shall perform and render as an independent contractor and not as an agent, representative, or employee of the DABT, all the services described herein in a proper and satisfactory manner as determined by the DABT in its sole discretion. 4. The CONTRACTOR may be required to perform any or all of the following: A. School Proximity Investigations. The addendum to the contract contains a Statement of Work to be performed. 5. COSTS AND EXPENSES: The law enforcement agency which furnishes such equipment pursuant to this contract shall bear any loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance. Therefore, each agency shall be responsible for its own expenses incurred during the course of the investigation unless otherwise agreed upon by all of the parties. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services under the contract as may be required. However, no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities and services in furnishing such assistance. All expenses normally associated with the employment of personnel, such as salary, travel expenses, per diem and other benefits, shall be borne by the employing agency. In the event equipment is loaned from one party to another pursuant to this contract, the borrowing party agrees to bear any costs pertaining to use, damage, or loss of the equipment. Time and travel incurred in testifying in criminal cases will not be included in this contract. However, time and travel involved in civil or administrative proceedings initiated by the DABT will be compensated in the manner that is customary for witnesses and mileage, and will be in accordance with section 112.061, Florida Statutes. 6. SUPERVISION: Supervision of the personnel assigned to this investigation shall be the responsibility of the CONTRACTOR. Responsibility for the 2 conduct of individual members will be with the respective agency head or his designated supervisor. The CONTRACTOR will appoint a Lead Contract Manager for the duration of the contract who will be the DABT primary point of communication. Any change in the Lead Contract Manager must be communicated to the DABT Contract Manager in writing. DABT will assign a Special Agent or supervisor as the DABT Contract Manager who will have overall coordination and management authority under this contract. The DABT Contract Manager will have responsibility for training, site selection, operational oversight, report review, program and payment audit, and records management. The DABT Contract Manager will be the sole point of contact with the CONTRACTOR for the resolution of problems, contractor program interpretation, 'or contract modification. Appeals of decisions made by the DABT Contract Manager must be directed to Captain Mark Willingham at (850)413- 0850. DABT will notify the CONTRACTOR in writing of any change in the DABT Contract Manager. Operational strategies will be mutually addressed and resolved by the Contract Manager and the CONTRACTOR. The parties agree to meet not less than once a month to discuss and implement investigative strategies and resolve any problems which may arise. 7. INVESTIGATIVE REPORTS: The CONTRACTOR agrees to utilize DABT reports; any additional reports created for the use of the CONTRACTOR shall be provided to the DABT. 8. UNDERAGE OPERATIVES: The day to day control and supervision of any underage operative shall be under the individual agent or officer recruiting said operative. However, there shall be a shared responsibility for the overall management of any operative which shall be consistent with the goals and objectives of the investigation. 9. SEIZED PROPERTY: In the event that any property or cash is seized as a result of investigative activities governed by this contract, the parties agree to ensure the equitable distribution of forfeited property, cash or proceeds from the sale of forfeited property. The forfeiture and distribution of such property shall be pursuant to Section 932.701, et seq., Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated directly and substantially in any of the acts which led to the seizure or forfeiture of such property or cash. It is agreed that the percentage of any proceeds from forfeited property or the value of property retained by an agency shall be commensurate with the participation of that agency in the activity which resulted 3 in the seizure, unless otherwise agreed to by the participating agencies. Any agency which provides for court costs or costs for maintaining seized property shall be reimbursed out of any proceeds from the 'sale of seized property prior to the distribution of proceeds. GENERAL PROVISIONS 1 APPROPRIATION: In accordance with Sections 216.311 and 287.0582, Florida Statutes, the DABT's performance and obligation to pay under this contract is contingent upon an appropriation by the Florida Legislature. 2. AUDIT: All invoices shall be submitted by the CONTRACTOR to the DABT with sufficient detail for a proper pre -audit or post- audit. 3. CANCELLATION: This contract may terminated by either party with or without cause, by giving written notice to the other party; said notice shall be sufficient if it is delivered to the party personally, mailed by certified mail to the mailing address as specified herein, or sent by facsimile to facsimile number (850) 921- 4292. In case of cancellation, only the costs actually accrued for services satisfactorily performed prior to the date of cancellation shall be due and payable, and all work in progress shall remain the property of the DABT and shall be delivered to the DABT. 4. ENTIRE AGREEMENT: This ' contract and its Statement of Work addendum constitute the entire agreement of the parties. No other agreement or modification to this contract, expressed or implied, shall be binding on either party unless same shall be in writing and signed by both parties. This agreement may not be orally modified. Any modification must be in writing, expressly titled a modification, amendment, or addendum to this contract, attached to this contract, and signed by both parties. 5. LIABILITY: Each agency shall bear the liability arising from acts undertaken by its personnel pursuant to this contract. All of the privileges and immunities from liability, exemption from law, ordinances and rules, all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions for their respective public agencies shall apply to them to the same degree, manner and extent while engaged in the performance of any of their functions and duties under the provisions of this contract. The provisions of this section shall apply with equal effect to volunteer and auxiliary employees. In no event, shall a participating agency or political subdivision be liable for suit or claim for damages resulting from the acts of another participating agency. Furthermore, any claim of liability asserted against the DABT may be subject to the limitations under Sections 768.28, and 284.31, Florida Statutes. 6. PAYMENT: A. Section 215.422, Florida Statutes, provides that state agencies have five (5) working days to inspect and approve goods and services, unless bid specifications, the contract, or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received, or the goods or services are received, inspected and approved, a separate interest penalty of .02740% will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than thirty- five (35) days. from the date of eligibility for payment is determined. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, may be contacted at (850) 488 -2924, or by calling the State Comptroller's Hotline, 1- 800 - 848 - 3792. B. Invoices with supporting documentation, shall be submitted by the CONTRACTOR to the DABT monthly on the 5th day of the following month to Cpt. Mark Willingham at 1940 North Monroe Street, Tallahassee, Florida 32399 - 1024. Payment is due within forty (40) days after receipt of each invoice. No advance payments are authorized by this contract. 7. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Statutes, CONTRACTOR shall allow access to all documents, papers, letters or other materials subject to Chapter 119, Florida Statutes. If CONTRACTOR refuses access to such documents, the DABT may petition any court to compel production of such documents. The CONTRACTOR shall then pay all costs and attorney fees pursuant to this action. The DABT may unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material originated or received by the CONTRACTOR in conjunction with the contract subject to the provisions of Chapter 119, Florida Statutes. 5 new \abt \tobksch 8. TRAVEL AND EXPENSES: A. Regular travel costs are the responsibility of the CONTRACTOR, however, extraordinary travel, that is travel outside _ of the county, will be compensated in accordance with Section 112.061, Florida Statutes. B. The CONTRACTOR shall contact the undersigned contract manager prior to incurring any travel or any other expenses. The contract manager may require pre- authorization and pre- approval of any or all travel or expenses on "State of Florida Authorization To Incur Travel Form." In the event pre - authorization is required and CONTRACTOR fails to provide documentation of same, CONTRACTOR shall not be reimbursed for same. C. Requests for reimbursement are to be submitted on a "State of Florida Voucher for Reimbursement of Traveling Expenses" form. 9. ATTORNEYS' FEES:' Except as provided in the clause entitled "Public Documents," and as otherwise provided by law, the parties agree to be responsible for their own attorney's fees incurred in connection with disputes arising under the terms of this agreement. 10. DISPUTES: This contract shall be governed by and construed in accordance with the laws of Florida, and the DABT is entitled to assert venue for any disputes arising out of this contract in Leon County, Florida. 11. OTHER EMPLOYMENT: CONTRACTOR shall not engage the services of any person or persons now employed by the State of Florida, including DABT or subdivision thereof, to provide services relating to this contract without written consent of the employer of such person or persons and of the DABT. 12. NOTICE TO CONTRACTOR: The DABT shall consider the employment by any contractor of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. (This space left blank.) ncwlabt \tobksch WITH THEIR SIGNATURES, the parties agree to all the provisions, special and general, and all other terms and conditions of this contract. Florida law governs this contract. STATE OF FLORIDA Richard T. Ferrell Contractor Secretary Name, Title Department of Business and Address Professional Regulation City /State /Zip 1940 North Monroe Street Tallahassee, Florida 32399 -0750 Date (Signed by DBPR Signing Date (Signed by Contractor) Authority) Phone Number: Federal Employer I.D. Number or Social Security Number Florida Corporation Registration Number (If Applicable) 7 STATE OF FLORIDA DIVISION OF ALCHOLIC BEVERAGES AND TOBACCO SCHOOL PROXIMITY ENFORCEMENT Department of Business and Professional Regulation Florida Division of Alcoholic Beverages and Tobacco School- Proximity Tobacco Enforcement CONTRACT STATEMENT I. PURPOSE Formulate Operational Guidelines which will establish a TOBACCO FREE ZONE for persons under the age of 18 within a' /2 mile radius of all public and private schools within the State of Florida. SCOPE To provide the contracted agencies with guidelines for the periodic tobacco compliance checks of all licensed establishments within the TOBACCO FREE ZONE. To provide the contracted agencies with guidelines for the issuance of non - criminal citations /referrals to persons under the age of 18 years of age who are found to be in possession of tobacco products within the TOBACCO FREE ZONE. To establish reporting requirements to: 1. Monitor and evaluate the availability of tobacco products to persons under the age of 18 within the TOBACCO FREE ZONE. 2. Assist the Florida Division of Alcoholic Beverages and Tobacco (FDABT) in the filing of Administrative Charges against those establishments which sell tobacco products to persons under the age of 18. 1. Investigation Methods In order to provide the best deterrent to the unlawful sale of tobacco products to underage persons (F.S.S. 569.101) and the possession of tobacco products by underage persons (F.S.S. 569.1 1(1)), the following methods should be used: A. The contracted agencies will conduct periodic compliance investigations utilizing underage sources ( investigative aides), selected in accordance with established FDABT guidelines, to make "controlled buys." The contracted agencies will make every attempt to witness all aspects of the controlled buy. When the buy is witnessed, the contracted agencies will issue the appropriate Notice to Appear /Arrest Affidavit to the seller for violation of F.S.S. 569.101. The contracted agencies will maintain the purchased tobacco products as evidence to be utilized in criminal prosecutions and/or Administrative Actions which may be taken by FDABT. The contracted agencies will determine and document the seller's position with the licensed establishment (i.e., clerk, manager, or owner) and report this information to the applicable FDABT District Office along with a copy of the appropriate Arrest Affidavit within five (5) working days (this information is essential to enable FDABT to file Administrative Charges against the appropriate license). B. The contracted agencies will issue non- criminal citations /referrals to persons under the age of 18 who are in possession of tobacco products within the TOBACCO FREE ZONE. The contracted agencies will submit copies of all non - criminal citations /referrals to the local FDABT office within five (5) working days of issuance. The contracted agencies should maintain the tobacco products relevant to the non - criminal citations /referrals until final disposition. All final dispositions will be reported to the local FDABT District Office within five (5) working days. Using Underage Sources /Aides As a matter of procedure, each contracted agency will be responsible for ensuring that: A. Each source, hereinafter referred to as an AIDE, is documented and reliable. No AIDE may be used when he or she has a criminal record. B. All legal aspects of using an AIDE less than 18 years old have been met, including written parental permission to assist the contracted agency in this method and a statement of understanding between the AIDE and the contracted agencies. ( FDABT can provide the agencies with copies of 'the forms currently approved and in use by FDABT) It will not be necessary to obtain permission each time an AIDE works with the respective agencies. One `Blanket" permission form will be sufficient unless rescinded by the parent. Prior to an AIDE assisting the agency, he or she should be questioned about any recurring medical problems and any medicine or drugs that are taken routinely. If medical attention is required, the aide should not be used unless the parent or legal guardian is in town and available. C. The AIDE is obviously underage by his or her physical appearance and style of dress. Male AIDES will not be allowed to have facial hair (mustaches or beards) and female AIDES may not be "dressed up" to look older or wear revealing attire. The AIDE must be youthful is appearance so that the retailers will not get the impression that they have been "tricked" or enticed into selling tobacco products to an underage person. D. A full length photograph will be taken each time that an AIDE is utilized and the photograph should at a minimum contain the date taken and the names of the officers involved. The photographs become part of the AIDE's dossier which will include at a minimum, a copy of the AIDE's birth certificate, the statement of understanding, and the parental consent form. FDABT will, if the agencies desire, provide examples of a dossier and all necessary forms. E. AIDES may, at the discretion of the contracting agencies, receive a nominal fee for assisting them with this type of investigation. If a nominal fee is provided it should not be based on the number of successful "buys" so that it does not give the appearance that a "bounty" is being paid to the AIDES. The AIDES will not be considered as employees of the agencies and will not receive employee benefits from those agencies. The local FDABT District Office will be provided a list of all businesses that are checked to ensure 100% compliance NOTE: Special Agents from the local FDABT District Offices will be available to provide training to all officers of any police agency that contracts to conduct this type of investigation. Non- criminal Citations/Referrals Possession of Tobacco Products by a person under the age of eighteen (18) is a non- criminal civil infraction and enforcement of the provision of F.S.S. 569.11 (1) can be done simultaneously with enforcement of F.S.S. 569.101 for the sale of tobacco products to under age persons. If, while conducting investigations for the sale of tobacco products to under age persons, you observe someone that you determine to be under the age of 18 in possession of tobacco products, you should issue a Non- criminal Citation/Referral to that individual. The Non - criminal Citation/Referral will be issued on a citation form which has been approved by the respective Clerk of Courts. The tobacco product or products may, at the discretion of the contracting agency, be seized to be used if the Citation/Referral is contested in court. Copies of the Citations/Referrals will be provided to the local FDABT District Office within five (5) working days of issuance. When the disposition is obtained, that information will also be provided to the local FDABT District Office within five (5) working days. NOTE: Special Agents from the local FDABT District Office will be available to provide training to all police officers from any agency that contracts to conduct this type of investigation. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO AND CONTRACT FOR TOBACCO ENFORCEMENT CONTRACT NUMBER The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco is concerned about the availability of tobacco products to underage persons. In the efforts to reduce this availability, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco seeks to increase tobacco enforcement activities. PARTIES: This contract is made and entered into this day of 1998, by and between the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco hereinafter called the DABT, and , hereinafter referred to as the CONTRACTOR, to conduct "ACTS" enforcement, and School Proximity Investigations as more fully described below. This contract is exclusive and personal and may not be assigned by the CONTRACTOR in whole or in part. Agents Combating Tobacco Sales (ACTS) Program: The ACTS program provides for the placement of a law enforcement officer, either as a second employee or a customer in a retail location that sells tobacco products. If an underage person purchases tobacco products, the law enforcement officer will issue a citation. If the underage person attempts to purchase or purchases an alcoholic beverage, the law enforcement officer will either make a physical arrest or issue a notice to appear. In addition, the law enforcement officer will train store employees in the proper method of checking identification for purchases of tobacco and alcoholic beverages. The goal of the ACTS program is to create an environment in which underage persons are unsure as to whether or not the clerk from whom they are attempting to purchase is an officer, thereby reducing the opportunities for underage persons to purchase illegal items. This program will primally be utilized in close proximity to schools and in locations underage persons are likely to frequent. School Proximity Enforcement: The School Proximity Enforcement Program provides for compliance investigations of vendors of tobacco and alcoholic beverage products and tobacco possession enforcement in close proximity to public and private schools thus helping to create a tobacco influence free zone. The compliance investigations will be performed within close proximity of assigned schools and places, where underage persons congregate, utilizing an underage operative to make controlled purchases of said products. The licensed establishment will then be subject to administrative charges for the violation, as well as, the clerk being subject to criminal sanctions for the sale. Tobacco possession investigations will be conducted within close proximity of the assigned schools and places where underage persons congregate. A young person, found to be in possession of tobacco products, will be issued a civil citation for the offense. Contractual services may begin on 1998, or upon full execution of this contract, whichever is the later date, and contractual services shall end on June 30, 1998. For each investigation (either ACTS or School Proximity Investigations) conducted, the consideration will be . The minimum number of ACTS investigations conducted per contract will be , while the maximum number per contract will be The minimum number of School Proximity Investigations conducted per contract will be while the maximum number per contract will be SPECIAL PROVISIONS 1. ADVERTISING / MEDIA INFORMATION: The CONTRACTOR agrees to prior coordination of any advertising or media contact. 2. PROPRIETARY INTEREST: Anything, by whatsoever designation it may be known, that is produced by, reviewed, or developed in connection with this contract shall remain the exclusive property of the DABT and may not be copyrighted, patented, or otherwise restricted pursuant to Florida Statutes. Neither the CONTRACTOR nor any other individual employed under this contract shall have any proprietary interest in any product(s) produced, reviewed, or delivered pursuant to this contract. 3. SERVICES: The CONTRACTOR shall perform and render as an independent contractor and not as an agent, representative, or employee of the DABT, all the services described herein in a proper and satisfactory manner as determined by the DABT in its sole discretion. 4. CONTRACTOR may be required to perform any or all of the following: A. School Proximity Investigations, and B. Agents Combating Tobacco Sales (ACTS) Investigations. The addendum to the contract contains a Statement of Work to be performed. 5. COSTS AND EXPENSES: The law enforcement agency which furnishes such equipment pursuant to this contract shall bear any loss or damage to such equipment and shall pay any expense incurred in the 2 operation and maintenance. Therefore, each agency shall be responsible for its own expenses incurred during the course of the investigation unless otherwise agreed upon by all of the parties. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services under the contract as may be required. However, no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities and services in furnishing such assistance. All expenses normally associated with the employment of personnel, such as salary, travel expenses, per diem and other benefits, shall be borne by the employing agency. In the event equipment is loaned from one party to another pursuant to this contract, the borrowing party agrees to bear any costs pertaining to use, damage, or loss of the equipment. Time and travel incurred in testifying in criminal cases' will not be included in this contract, however, time and travel involved in civil or administrative proceedings initiated by the DABT will be compensated in the manner that is customary for witness and mileage and will be in accordance with section 112.061, Florida Statutes. 6. SUPERVISION: Supervision of the personnel assigned to this investigation shall be the responsibility of the CONTRACTOR. Responsibility for the conduct of individual members will be with the respective agency head or his designated supervisor. The CONTRACTOR will appoint a Lead Contract Manager for the duration of the contract who will be the DABT primary point of communication. Any change in the Lead Contract Manager must be communicated to the DABT Contract Manager in writing. DABT will assign a Special Agent or supervisor as the DABT Contract Manger who will have overall coordination and management authority under this contract. The DABT Contract Manager will have responsibility for training, site selection, operational oversight, report review, program and payment audit, and records management. The DABT Contract Manager will be the sole point of contact with the CONTRACTOR for the resolution of problems, contract or program interpretation, or contract modification. Appeals of decisions made by the DABT Contract Manager must be directed to Captain Mark Willingham at 850 - 413 - 0850. DABT will notify the CONTRACTOR in writing of any change in the DABT Contract Manager. Operational strategies will be mutually addressed and resolved by the Contract Manager and the CONTRACTOR. The parties agree to meet not less than once a month to discuss and implement investigative strategies and resolve any problems which may arise. 3 7. INVESTIGATIVE REPORTS: The CONTRACTOR agrees to utilize DABT reports; any additional reports created for the use of the CONTRACTOR shall be provided to the DABT. 8. UNDERAGE OPERATIVES: The day to day control and supervision of any underage operative shall be under the individual agent or officer recruiting said operative. However, there shall be a shared responsibility for the overall management of any operative which shall be consistent with the goals and objectives of the investigation. 9. SEIZED PROPERTY: In the event that any property or cash is seized as a result of investigative activities governed by this contract, the parties agree to ensure the equitable distribution of forfeited property, cash or proceeds from the sale of forfeited property. The forfeiture and distribution of such property shall be pursuant to Section 932.701, et seq., Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated directly and substantially in any of the acts which led to the seizure or forfeiture of such property or cash. It is agreed that the percentage of any proceeds from forfeited property or the value of property retained by an agency shall be commensurate with the participation of that agency in the activity which resulted in the seizure, unless otherwise agreed to by the participating agencies. Any agency which provides for court costs or costs for maintaining seized property shall be reimbursed out of any proceeds from the sale of seized property prior to the distribution of proceeds. GENERAL PROVISIONS 1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582, Florida Statutes, the DABT's performance and obligation to pay under this contract is contingent upon an appropriation by the Florida Legislature. 2. AUDIT: All invoices shall be submitted by the CONTRACTOR to the DABT with sufficient detail for a proper pre -audit or post- audit. 3. CANCELLATION: This contract may be terminated by either party with or without cause, by giving written notice to the other party; said notice shall be sufficient if it is delivered to the party personally, mailed by certified mail to the mailing address as specified herein, or sent by facsimile to facsimile number (850) 921 - 4292. In case of cancellation, only the costs actually accrued for services satisfactorily performed prior to the date of cancellation shall be due and payable, and all work in progress shall remain the property of the DABT and shall be delivered to the DABT. 2 4. ENTIRE AGREEMENT: This contract and its Statement of Work addendum constitutes the entire agreement of the parties, and no other agreement or modification to this contract, expressed or implied, shall be binding on either party unless same shall be in writing and signed by both parties. This agreement may not be orally modified. Any modification must be in writing, expressly titled a modification, amendment, or addendum to this contract, attached to this contract, and signed by both parties. 5. LIABILITY: Each agency shall bear the liability arising from acts undertaken by its personnel pursuant to this contract. All of the privileges and immunities from liability, exemption from law, ordinances and rules, all pension, insurance,- relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions for their respective public agencies shall apply to them to the same degree, manner and extent while engaged in the performance of any of their functions and duties under the provisions of this contract. The provisions of this section shall apply with equal effect to volunteer and auxiliary employees. In no event, shall a participating agency or political subdivision be liable for suit or claim for damages resulting from the acts of another participating agency. Furthermore, any claim of liability asserted against the DABT may be subject to the limitations under Sections 768.28, and 284.31, Florida Statutes. 6. PAYMENT: A. Section 215.422, Florida Statutes, provides that state agencies have five (5) working days to inspect and approve goods and services, unless bid specifications, the contract, or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received, or the goods or services are received, inspected and approved, a separate interest penalty of .02740% will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than thirty -five (35) days from the date of eligibility for payment is determined. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, may be contacted at (850) 488 -2924, or by calling the State Comptroller's Hotline, 1 -800- 848 -3792. 5 ncwlabt1ktobkboth B. Invoices with supporting documentation as outlined in the addendum, shall be submitted by the CONTRACTOR to the DABT monthly on the 5th day of the following month to Cpt. Mark Willingham at 1940 North Monroe Street, Tallahassee, Florida 32399- 1024. Payment is due within forty (40) days after receipt of each invoice. No advance payments are authorized by this contract. 7. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Statutes, CONTRACTOR shall allow access to all documents, papers, letters or other materials subject to Chapter 119, Florida Statutes. If CONTRACTOR refuses access to such documents, the DABT may petition any court to compel production of such documents. CONTRACTOR shall then pay all costs and attorney fees pursuant to this action. The DABT may unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material originated or received by the CONTRACTOR in conjunction with the contract subject to the provisions of Chapter 119, Florida Statutes. 8. TRAVEL AND EXPENSES: A. Regular travel costs are the responsibility of the CONTRACTOR, however, extraordinary travel, that is travel outside of the county, will be compensated in accordance with Section 112.061, Florida Statutes. B. The CONTRACTOR shall contact the undersigned contract manager prior to incurring any travel or any other expenses. The contract manager may require pre- authorization and pre - approval of any or all travel or expenses on "State of Florida Authorization To Incur Travel Form." In the event pre - authorization is required and CONTRACTOR fails to provide documentation of same, CONTRACTOR shall not be reimbursed for same. C. Requests for reimbursement are to be submitted on a "State of Florida Voucher for Reimbursement of Traveling Expenses" form. 9. ATTORNEY'S FEES: Except as provided in the clause entitled "Public Documents ", and as otherwise provided by law, the parties agree to be responsible for their own attorney's fees incurred in connection with disputes arising under the terms of this agreement. 10. DISPUTES: This contract shall be governed by and construed in accordance with the laws of Florida, and the DABT is entitled to assert venue for any disputes arising out of this contract in Leon County, Florida. 6 ncMabWtobkboth 11. OTHER EMPLOYMENT: CONTRACTOR shall not engage the services of any person or persons now employed by the State of Florida, including DABT or subdivision thereof, to provide services relating to this contract without written consent of the employer of such person or persons and of the DABT. 12. NOTICE TO CONTRACTOR: The DABT shall consider the employment by any contractor of unauthorized , aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. (This space left blank.) CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/29/98 AGENDA ITEM #_j(6 FROM: Charles D. Scurr Comm. Mtg. 6/2/98 Interim City Manager Health Care Commissioner Russell sponsored the attached resolution, which supports equal access quality medical care for all residents. SENT BY: 5 -28 -88 ; 15;51 ; ME P. A.- 3056636348 ;# 2! 2 1 2 3 4 5 6 7 8 9 �a ll 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, RELATING 'TO HEALTH CARE, SUPPORTING EQUAL ACCESS QUALITY MEDICAL CARE FOR ALL RESIDENTS, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami is most conceimed with the safety, health and welfare of women; and, WHEREAS", the Mayor and City Commission support the outstanding effirts of corporate citizens who provide safe and equal access to quality health care services for those in need in our community; and, NOW THEREFORE BE IT RESOLVED. BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the Mayor and City Commission support any action of a corporate citizen who promotes safe and equal access to. duality health care services for women in our community, Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 2nd day of June 1998. ATTEST; CITY CLERK READ AND APPROVED AS TO FORM: APPROVED; MAYOR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & City Commission DATE: June 2, 1998 FROM: Charles Scurr RE: City Manager Agenda Item # Comm. Mtg. 6/2/98 City of South Miami Youth Academy Aftercare Facilities This Resolution authorizes the City Manager to execute a short term lease between Miami -Dade County Public School District ( "DCPS ") and the City of South Miami. The City is obligated to provide facilities for the City of South Miami Youth Academy ( "Department of Juvenile Justice contract program ") from funds to be provided under the contract. However, the City may not receive funds or obtain reimbursement for expenditures unless and until safe, adequate and suitable facilities are obtained. It is anticipated that the Youth Academy will be operated from facilities to be leased from Mt. Nebo Missionary Baptist Church. However, due to zoning, permitting and actual construction it may require 1 - 3 months. This lease, together with the current Office of Development facility would satisfy minimum requirements pending occupancy of the proposed facility. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE EXECUTION BY THE CITY MANAGER OF AN INTERIM LEASE, INCLUDING OPTIONS TO RENEW TOGETHER WITH SUCH MODIFICATIONS, CHANGES AND AMENDMENTS DEEMED REASONABLE AND NECESSARY BY THE CITY MANAGER OR HIS DESIGNEE IN SUBSTANTIALLY THE FORM OF THE LEASE ATTACHED HERETO AS "EXHIBIT A" BETWEEN MIAMI -DADE COUNTY PUBLIC SCHOOL DISTRICT AND THE CITY OF SOUTH MIAMI, FLORIDA, TO PROVIDE CLASSROOM AND RELATED FACILITIES TO ACCOMMODATE THE CITY OF SOUTH MIAMI YOUTH ACADEMY, APPROVING LEASE PAYMENTS IN AN AMOUNT EQUAL TO THREE HUNDRED DOLLARS PER MONTH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is anticipated that the effective date of the contract to provide post commitment services to adjudicated youth ( "Aftercare Services ") with the State of Florida Department of Juvenile Justice ( "DJJ") will be on or near June 1, 1998; and WHEREAS, the availability adequate and safe facilities suitable for effective program services is a condition precedent to the receipt of the contract payments for Aftercare Services from DJJ to the City; and WHEREAS, the City has negotiated with Mt. Nebo Missionary Baptist Church to design and construct a facility in accordance with the City of South Miami Youth Academy Aftercare Services program needs and applicable regulations of DJJ (the "Proposed Facilities "); and WHEREAS, due to certain local regulatory approvals, hearings and time required to construct and equip the Proposed Facilities, it is reasonable to anticipate the proposed facilities will not be available as of the effective date of the DJJ contract; and WHEREAS, the DJJ contract budget includes funds to pay cost for the lease of facilities including interim facilities ( "Interim Facilities ")-, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 Section 1. That the Mayor and Commission ratifies the action of the 46 City Manager in executing a lease with Miami -Dade County Public School District 47 ( "Interim Lease ") to provide interim facilities, generally known as South Miami 48 Middle /Community School located at 6750 S.W. 60th Street, substantially in 49 accordance with the proposed terms, conditions, all as is more fully set forth in the 50 form of the lease, attached hereto as Exhibit A, with such changes and extensions 51 thereto, as in the judgment of the City Manager, or his designee deemed necessary 52 or required and in each such case approved by DJJ . 53 54 Section 2. This resolution shall take effect contemporaneously with 55 effective date of the contract between DJJ and the City of South Miami to provide 56 Aftercare Services. 57 58 PASSED AND ADOPTED this 2nd day of Tu en , 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR DADE COUNTY PUBLIC SC. JOLS COMMUNITY AND STUDENT SUPPORT SERVICES AFFILIATING AGREEMENT FOR EDUCATIONAL SERVICES -ON CAMPUS Instructions: This form is to be completed if the agreement is between Dade County Public Schools and Community Based Non -Profit Organizations (CBO's) and for Profit Organizations as outlined in School Board Rule 6Gx13- 6C -1.08. (I.e., CBO's are Goodwill Industries, Richmond - Perrine Optimist, Youth Co-op, Inc.; Public Agencies are: The Miami Herald, Metro Traffic Safety Institute, Department Stores, etc.) This Affiliating Agreement is entered into on this 4th day of April 1998 by and between City of South Miar Name of South Miami, FL 33143 Owstatelzip Code Board of Dade County, Florida, A Youth Academy 6130 Sunset Drive rgarnzauon Address hereinafter referred to as the Organization and The School for South Miami Middle /Community School 6750 S.W. 60 St. Center Name Miami, FL 33143 TERMS OF AGREEMENT The terms of the agreement shall commence on June 30, 1998 April 30, 1998 and shall terminate on NATURE OF ORGANIZATION'S SERVICE to provide after care services to adjudicated males and females up to age 18, under contract with Florida Department of Juvenile Justice ORGANIZATION Diana Morris, Interim City Manager ontact Person (305)663 -6338 Phone Number DADE COUNTY PUBLIC SCHOOLS Charles H. Cockerham Contact Person (305)661 -3481 ext.206 Phone Number (305)663 -6345 (305)665 -6728 Fax Number F Number FM4325 Rev. (03 -97) .............. _...._..... :Affiliating Agreement Page of DESCRIPTION OF WHAT THE CENTER WILL PROVIDE (See Section 1 of Attachment) DESCRIPTION OF WHAT T13E ORGANIZATION WILL PROVIDE (See Section 2 of Attachment) CANCELLATION This agreement may be terminated by either party by giving thirty (30) days written notice. INDEMNIFICATION Subject to the limitations of Florida Statute 768.28, the School Board of Dade County, Florida herein after referred to as the School Board agrees that it shall indemnify, hold harmless and defend the Organization from and against any and all claims, suits, action, damages, or causes of action arising out of the negligent acts of the School Board arising out of or in connection with the provisions of this agreement. The Organization agrees that it shall indemnify, hold harmless and defend the School Board from and against any and all claims, actions, damages, or causes of action arising out of the negligent acts of the Organization arising out of or in connection with the provisions of the agreement. INSURANCE Prior to commencing the services under this Affiliating Agreement, City of South Miami ame o rgazuzaaon shall obtain and maintain without interruption Commercial General Liability Insurance with limits: of no less than $300,000 per occurrence. If the Organization performs transportation services of students under this Affiliating Agreement, City of South Miami the Organization, shall obtain and Namc -of Organization maintain without interruption Automobile Liability Insurance with limits no less than $300,000 combined FM -4325 Rev. (03 -97) Affiliating Agreement Page of single limit. "The School Board of Dade County, Florida" shall be shown as additional insured with regz 1 to the Commercial General Liability laauranoe and the Automobile Liability Insurance. As evidence of t insurance coverage, City of South Miami sib, fah a fully completed certiga of insurance signed by an authorized representative of the insured providing such coverage. OrganimEon vn ' Date Diana Morris, Interim City Manager THE SCHOOL BOARD OF DADE COUNW9 FWRWA APPROVED AS TO FORM: Date Date FM -4323 Rev. (03 -97) 11 07 AM FLORIDA LEAGUE FAX NO. 4073177181 P.02 TE OF COVERAGE 000ftete140k r Administrator Issue Date 4/3198 NT ATTN: CHARLES,COCKERHAM Elands League of Cities, Inc. SOUTH MIAMI MIDDLE COMMUNITY SCHOOL Public Risk Services 6750 SOUTH WEST BOTH STREET P.O. Box 530065 SOUTH MIAMI, FL 33143 1 Orlando, Ftodda 32853-0065 REVISED COVERAGES THIS Is TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REOUNIBMENT, TERM OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMCH THIS CEMIRTCATE MAY 6E ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED AORIS#MT DUCRIBED HEREIN 1$ SUGJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. BY TNe COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGR®Y19fT NUMBER: FMIT 563 COVERAGE PERIOD: FROM 1011/97 COVERAGE PERIOD: TO 9130198 12.00 Midnight Standard Time TYNE OP COVERAGE • uA00.1TY TYPE OF COVERAGE - PROPERTy °and LlabitY ❑ Blidrgs ❑ Mltoafroa,e ® Comprehensive General UabWW, Bodily InIM, Property Damage and ❑ Basic Form ❑ inland Marine Person l" ❑ Special Form ❑ nrlk Deb RODNajng ® Errors email oftftsww Lrability ❑ PersorHSi Property, Bond - Bond ❑ Supoementai Employment Practice ❑ Basle Form ❑ Money k Securities ® EITIODYes Bw*fib hogs., Admi is ration Liability ❑ Special Form ❑ Medial Atumde temedicei Dkactors- Malpractice Liabilty 0 Agreed Amount ® Brod Faun PrvpsnY Damage ❑ Deductible WA ® Law EMorcement UabWty ❑ Coinsurance N/A ® Ufldsrprotnd, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Lido of L lebity ' Combined Skple Limit ❑ Replacement Cost ❑ Actual Cash Value Deductible $1,000 ® AN owned Autos (Private PaBaerged ® AN owned Autos IOttw than Private F's6aeNw) ® Hied Autos ® Non-Ow nedAutos Limits d LJabity I Combined Single Limn Dedueftle N/A Limits of LWAty on F5s whh AdmirYStratdr TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ Statutory Workers' CDn"nsation O Employers Liability $1,000.000 Each Accident $11000,000 BV OWM $1,000,000 Aggregate By Disease ❑ Deductible WA Dadlrorble ❑ PhYSioal Damage WA • Comprehensive - Auto N/A - CollWon - Auto N/A - Miacellansous Equipment oghw The limit of Habit, is $ 100,000 Bodily trytry and /or Property Damage per person or $ 200,000 Bodily kqury and /or Property Damep par ocgUrance. Th— specific Umke of liability are Increased to i 1, 000, 000 (Combined sirgis tlmkl par oCCUtrence, Solely for any Uabillty re9ulprg' from army of a HUswls bill puntuant to Section 788.28 (5), Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of limtde. Desedledon of Berns RE: Tutorial Program THIS CaRNWAM 6 to RM AS A MATTER OF IrFORIIATIDN ONLY AND CONFOW NO R INM UPOA TNe C9mWATE 1101091. THp C6rTaRClUTE GOES WT A1011101). 9mTaroes AtTw TIE COVERAGE ARRI NOID NY TIE AGREINENr A110n. eaMarlaw,. HAKEEM OSHIKOYA CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 IEMIT -C1RT 1101961 CA9xSLATIOW SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLm alOIE IM EXPIRATION DATE THEREOF, THE M,'6U NG COMPANY WILL... ENCEAVOR TO MAL 0 aAIS W PJTTEN NOME TO THE CERTIFICATE HOLDER NAMED AIOVE,I. But FAILURE TO IML NC SN NOTICE SHALL IMPOSE NO OKICATION OR UASW W, Of ANY 00 UPDIE THE PROGRAM, Me AGENTS OR REPRESENYATWIS. a AUrrNORIZED REPRESENTATIVE ATTACHMENT 1. CENTER WILL PROVIDE: (a) Three (3) appropriate classroom space at the identified schools, based on the approved schedule. Initially the schedule will be Monday - Thursday 3:00 p.m. - 9 :30 p.m., and Friday 3:00 p.m. - 6:00 p.m. Specific classroom assignments may be changed with a two -day notice to the organization / teacher. (b) Use of the home economics room or cafeteria to be used to serve and consume meals. 2. ORGANIZATION WILL PROVIDE: (a) Operation of Florida Department of Juvenile Justice After Care Program referred to as the "City of South Miami Youth Academy". (b) Providing transportation to and from the center for each Academy student / cadet. (c) Supervision and monitoring of all students/cadets. (d) Provide the center with updated list of enrollment rosters according to scheduled classes. (e) Payment of $300.00 monthly commencing the first month on which the Academy utilizes the facility. TO: FROM: CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Mayor and Commission DATE: Charles D. Scurr City Manager SUBJECT: fax-,IV? June 2, 1998 Agenda Item 9 Is Commission Meeting, June 2, 1998 US 1 HIGHWAY MEDIAN IMPROVEMENTS The attached resolution seeks authorization for a $23,000.00 expenditure to make landscaping improvements at the US 1 Highway median. This median, which has City boundaries at SW 57h Avenue and at SW 80'x' Street, has not been improved in a number of years. As a result, the entire length of the median does not look nearly as good as it should. The median presently consists of a colorless "hodgepodge" of various types of ground cover plants, palms, and sod of uneven quality. As such, this stretch of landscaping is not fitting for a street section so visible to thousands of drivers and pedestrians passing through the city daily. The concern is exacerbated by the projected increase in the median's visibility as a result of the opening of the Shoppes at Sunset Place and the accompanying downtown revitalization this Fall. To address this situation, Public Works has developed a landscaping plan which includes larger and more varied species of palms, more colorful groundcover plants, and new sod. The plan has been approved by the Environmental Review and Planning Board (ERPB), and Public Works is seeking approval from the Florida Department of Transportation. Implementation cost for the improvements was provided by Recio Maintenance, Inc. using prices based on its competitive bid contracts with Miami -Dade County and various municipalities. A contingency amount to cover the cost of additional trees per ERPB requirements is included. Funding for the $23,500.00 expenditure will come from next fiscal year's budget; however, at this time payment will be made from the General Fund's Pre paid Expense Account No. 001 - 0000 -155 -0000. In order to have the improvements implemented during the summer, approval at this time is recommended. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $23,000.00 RECIO LANDSCAPING, INC. FOR LANDSCAPE IMPROVEMENT SERVICES ALONG THE US 1 HIGHWAY MEDIAN AND CHARGING THE DISBURSEMENT TO GENERAL FUND ACCOUNT NO. 001 - 0000 - 155 -0000, "PRE -PAID EXPENSE ". WHEREAS, the condition of the landscaping along the US 1 requires improvement due to its high visibility and the projected increase in activity in the downtown district, and; WHEREAS, a landscaping plan has been developed by Public Works and approved by the Environmental Review and Planning Board, and; WHEREAS, funding for this expenditure will be obtained from the next fiscal year's budget, but at this time will be paid for by the General Fund's pre -paid expense account. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and is hereby authorized to disburse the sum of $23,000.00 to Recio and Associates, Inc. for landscape improvements along the US 1 median between S.W. 57th Avenue and S.W. 80th Street. Section 2. The prices used in the above costs are similar to which apply to Miami -Dade County and City of Coral Gables service contracts based on the competitive bid process. Section 3. This resolution shall be effective immediately upon adoption hereof. 1 a PASSED AND ADOPTED this 2nd day of June, 1998. 3 4 5 ATTEST: APPROVED: 6 8 CITY CLERK MAYOR 9 10 11 READ AND APPROVED AS TO FORM: 12 13 14 CITY ATTORNEY 15 PROPOSAL 9 AS'°OCIsi IES.. NC.' 10(130E-,944-7111 F'wc (3e05� '094-71 -79 Submitted To: Date: 05 /05/98 Company Name: CITY OF SOUTH MIAMI PUBLIC WORKS DEPT. Telephone No.: 663 -6350 Attention: GARY KRACKENBERGER Fax No.: Address: 4795 SW 75th AVENUE SOUTH MIAMI, FL Job Name: LANDSCAPING - FURNISH & INSTALL Job Location: CITY OF SOUTH MIAMI - US1 MEDIANS We hereby submit specifications and estimates for the following work: QUa Descri n/Sco o Work UniiCost Extended Cost: PROPOSED LANDSCAPING FOR U81 MEDIANS AS PER PLANS 21 FOXTAIL PALMS 10' -14' OA HT. 17 CARPENTERIA PALMS 10' -14' OA HT. 20 ALEXANDER PALMS 10' -14' OA HT. 6 PARKINSONIAS 14' -16' OA HT. 1600 PURPLE QUEENS 1 GAL. CONTAINERS 1600 SOD REMOVAL AND DISPOSAL APPROX. 1600 SF INCLUDING PLANTING SOIL, MULCH, LABOR & EQUIPMENT LUMP SUM $18,561.10 TOTAL $18,561.10 We propose to furnish labor and materials, complete in accordance with the above specption, for the sum of: Eighteen thousand five hundred sixty one and 101100 dollars ($18,561.10) with payment to be made as folkwis: Upon each completion 1 material is guaranteed to be as specified. All work shall be completed in a workmanlike ma er di t standard practices. Any alteration or deviation from above will be executed only upon written orders, and will become an extra charge over and above th' i Authorized Signatur r Acceptance of Proposal The above prices, specifications and conditions are hereby accepted. You are hereby authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Print Name and Title Date A ed: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr RE: City Manager June 2, 1998 Agenda Item # Commission Meeting, June 2, 1998 AUTHORIZATION OF CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $18,035.00 TO M.C. HARRY & ASSOCIATES, INC., FOR TASK I, TASK II, AND TASK III OF THE DOWNTOWN AREA COMPREHENSIVE TRAFFIC STUDY. The attached resolution seeks approval to allow the City Manager to disburse a sum not to exceed $18,035.00 to M.C. Harry & Associates, Inc., for services related to the preparation of a comprehensive traffic study. This resolution also provides for an appropriation of $25,000.00 from the projected end -of -year cash carryover in the Local Option Gas Tax Fund to cover the disbursement. The funds would be appropriated into a new account designated "Local Option Gas Tax Trust Fund - Contractual Services ", No. 112 - 1730 - 519.3450 As you all know, M.C. Harry & Associates, Inc., is one of the three "pre- approved" engineering firms authorized by the City Commission to provide consulting services on projects costing up to a maximum amount of $25,000 (see attached resolution No.30 -96- 9783). Based on that resolution, the Commission gave the Administration verbal authorization at the 3/17/98 meeting to authorize M.C. Harry & Associates, Inc., to initiate a comprehensive traffic analysis of the City's downtown district. However, a funding mechanism for this traffic study was not specified. Accordingly, this resolution provides for payment of Task I, Task II, and Task III of the traffic study overseen by McHarry Associates, Inc. Task III of the project is expected to be completed by the end of June. As presented to you at the May 19th meeting, this part of the study shall provide specific recommendations for traffic flow efficiency improvements. The cost for these three project tasks is not to exceed $18.035.00 per -the fee proposals submitted by M.C. Harry & Associates, Inc. The attached resolution provides an appropriation of 25,000.00 to cover the costs for the aforementioned three project tasks, as well as any additional follow -up work or contingencies (if deemed necessary and if authorized by the Commission). The $18,035.00 expenditure would come from Account No. 112 - 1730 - 519.3450, "Maintenance and Repair of Grounds and Structures ", the expenditure would be covered by a $25,000.00 appropriation from the Local Option Gas Tax Trust Fund cash carryover which is also provided in the attached resolution. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY s COMMISSION OF THE CITY OF SOUTH 6 MIAMI, FLORIDA, AUTHORIZING THE CITY 7 MANAGER TO AUTHORIZE PAYMENT TO 8 M.C. HARRY & ASSOCIATES, INC., FROM 9 ACCOUNT NO. 112 -1730- 519.3450 "LOCAL 10 OPTION GAS TAX TRUST FUND 11 CONTRACTUAL ACCOUNT" FOR SERVICES 12 RELATED TO A COMPREHENSIVE TRAFFIC 13 ANALYSIS OF THE CITY'S DOWNTOWN 14 DISTRICT; AND PROVIDING FOR AN 15 APPROPRIATION OF $25,000 FROM THE 16 LOCAL OPTION GAS TAX CASH 17 CARRYOVER TO THIS ACCOUNT. 18 19 20 WHEREAS, a comprehensive analysis of the current street capacity 21 and network capability within the City's downtown district is necessary for 22 civil planning purposes, and; 23 24 WHEREAS, M.C. Harry & Associates, Inc., is a firm approved by the 25 City Commission to provide engineering services to the City via Resolution 26 No. 30 -96 -9783, and was specifically approved by the City Commission to 27 prepare the aforementioned traffic engineering analysis, and; 28 29 WHEREAS, the 1997/1998 Adopted Budget projects a end -of -year 30 cash carryover of $109,229 for the Local Option Gas Tax fund, and; 31 32 WHEREAS, in order to provide funds for this project, up to a 33 maximum amount of $25,000.00, it is necessary to appropriate from the 34 Local Option Gas Tax fund cash carryover through a new account 35 designated as "Local Option Gas Tax Trust Fund - Contractual Accounts ", 36 No. 112 -1730- 519.3450. 37 38 39 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 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to disburse to M.C. Harry & Associates Inc. for "Task I" "Task II" and "Task III" of the comprehensive traffic analysis a sum not to exceed $18,035.00. Section 2. The balance of the account shall be used to fund follow -up traffic study activities or contingencies, if necessary and if authorized by the Commission. Section 3. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 2nd day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR MCRARRYASSOCIMS March 20, 1998 Fee proposal City of South Miami Sunset Drive Development Area Transportationffraffic Analysis MCHA will collaborate with traffic engineering consultant Nmley -Mom and Associo ;es. Inc., to provide a comprehensive transportation study of an area in the vicinity of Sunset Drive boon, Jed by Red Road, US 1, 62nd Avenue, and SW 80th Street. The study. developed through a sequence o' defined tasks, will include an analysis of traffic circulation, operations, and capacity considering exist ng traffic pattems and operational characteristics, as well as the influence of city development projects of overall traffic flow. Task 1 is defined below. Task 2 thru 5 will be defined at the conclusion of Task 1. Princinai Architect Staff Lumn ; Ium Sub- totals Assumptions: The city shall make available all previous studies, plans or other documents pertai ►ing to the project, and provide all criteria and information regarding the city's requirements, objective I and expectations for the project. M.C. Harry & Associates, Inc. City of,' buth Miami t Thomas M. Carlson, N.A. Diana Drris Principal Interim Oty Manager ■ K 4 Co I Ac W W i i8 W W- C y ti U e K M LO m w 0 a 14 $ 100 $ 85 $ 65 Task 1 lnthal Traffic Evaluation S 4,500 $ 4,500 validate existing traffic studies define task 2 & 3 scope Task 2 Data Collection Task 3 AW Work Analysts Task 4 Roadway Link Analysis Task S Parking Evalualbn PmJsct Adrnfnlstrat un $ t37S MCHerry $ 675 Reimbursable expenses $ 100 printing S reproductions $ 100 Total • tamp Sum $ 5751 Assumptions: The city shall make available all previous studies, plans or other documents pertai ►ing to the project, and provide all criteria and information regarding the city's requirements, objective I and expectations for the project. M.C. Harry & Associates, Inc. City of,' buth Miami t Thomas M. Carlson, N.A. Diana Drris Principal Interim Oty Manager ■ K 4 Co I Ac W W i i8 W W- C y ti U e K M LO m w 0 a 14 April 17, 1998 Fee Proposal MCHARRYASSOCIATES City of South Miami Sunset Drive Development Area Transportation /Traffic Analysis MCHA will collaborate with traffic engineering consultant Kimley -Horn and Associates, Inc., to provide a comprehensive transportation study of an area in the vicinity of Sunset Drive bounded by Red Road, US 1, 62nd Avenue, and SW 80th Street. The study, developed through a sequence of defined tasks, will include an analysis of traffic circulation, operations, and capacity considering existing traffic patterns and operational characteristics, as well as the influence of city development projects on overall traffic flow. Task 2 is defined below. Task 3 thru 5 will be defined at the conclusion of Task 2. Principal Archt/Enar Staff Enaineer Sub - totals Assumptions: The city shall make available all previous studies, plans or other documents pertaining to the project, and provide all criteria and information regarding the city's requirements, objectives and expectations for the project. * Note: Please refer to attached KHA (modified) proposal for detailed backup. M. F. Harry & Associates, Inc. U homas M. Carlson, A.I.A. Principal �f .. City S i Diana Morris Interim City Manager $ 100 $ 85 $ 65 $ 60.00 average Task 1 Initial Traffic Evaluation completed validate existing traffic studies; qualitative problem definition Task 2 Data Collection - 45 hours* $ 2,700 quantitative problem definition $ 2,700 Task 3 Net Work Analysis not authorized Task 4 Roadway Link Analysis not authorized Task 5 Parking Evaluation not authorized Project Oversite $ 1,800 MCHarry administration -8 hrs $800 2 commission meetings -4hrs $400 2 city staff coord meetings -8hrs $600 Reimbursable expenses $ _ printing & reproductions $ _ Contingency @ 10% $ 450 Total - Lump Sum $ 4,950 Assumptions: The city shall make available all previous studies, plans or other documents pertaining to the project, and provide all criteria and information regarding the city's requirements, objectives and expectations for the project. * Note: Please refer to attached KHA (modified) proposal for detailed backup. M. F. Harry & Associates, Inc. U homas M. Carlson, A.I.A. Principal �f .. City S i Diana Morris Interim City Manager May 18, 1998 Lump Sum Pee Proposal MCNARRYASSOCIATES City of South Miami Sunset Drive Development Area Transportation[Trafflc Analysis • Task 3 MCHA will collaborate with traffic engineering consultant Klmtey -Horn and Assocla 4 Inc., to provide a comprehensive transportation study of an area In the vicinity of Sunset Drive bouni fed by Red Road, US 1, 62nd Avenue, and SW 80th Street. The study, developed through a sequence o; defined tasks, will include an analysis of traffic circulation, operations, and capacity considering exist hg traffic patterns and operational characteristics, as well as the influence of city development projects or I overall traffic flow. Task 3 is defined below. Task a and 5 will be defined at the conclusion of Task 3. Principal Archt/Enor Archt.Staff Enor,t Itaff Sub- totals TasK ! S 100 $ 85 S 65 $ 60.00 al erage i Initial Traffic Evaluation validate existing traffic studies'. qualitative problem definition completed Task 2 Data Collection - 45 !lours` qu8ntitative problem defin(tforn computed Task 3 AlteMollve Solutions - 82 hours' $ 41900 identify potential Impro vements S 4,900 Task 4 Roadway UnkAnalysis not authorized Task S Parking Evaluation not authorized Project Ovarsite MCHarry administration -16 hrs $1,500 $ 2,200 1 commission meepng -2hrs $200 2 clry staff coord meetings -4hra $400 Reimbursable expenses $ prinri►lg & reproductions $ - Contingency@ 10% $ 710 Total - Lump Sum $ 7,810 Assumotiens: ' The city shall make available all previous studies, plans or other documents perl gining to the project, and provide all criteria and information regarding the City's requirements. objectli as and expectations for the project. Note: Please refer to attached KHA proposal for detailed backup. MA. Harry & tAsso iates, inc. ay ernes M. Carlson. A.I.A, Principal ■ City la 3dl s Scurr City P Wager wl Lh ca � e W s I bw bw x C CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: June 2, 1997 FROM: Charles D. Scurr RE: Agenda Item # or City Manager Commission Meeting, June 2, 1998 RATIFICATION OF THE ACTION TAKEN BY THE CITY MANAGER IN SIGNING A "TURF AND LANDSCAPE MAINTENANCE MEMORANDUM AGREEMENT" WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION' The attached resolution seeks ratification of the action taken by the Administration in signing an agreement with the Florida Department of Transportation (FDOT). The FDOT agreement provides for lump sum compensation for the care of landscape and turf areas within the US 1 and Sunset Drive rights -of -way. These areas, which include medians and swales, are currently maintained by the City, at our expense. The City had a similar compensation agreement with FDOT in 1986, but for an unknown reason, the compensation agreement was not renewed in subsequent years. The attached agreement provides $11,079.19 of yearly revenue to the City for landscaping care and maintenance items already being provided. No additional expenditure of personnel time or extra contractor fees would be required to qualify for the lump sum compensation. The deadline to qualify for the FDOT compensation is May 29, 1998. Accordingly, Administration proactively signed the agreement to ensure that not another fiscal year would pass without the City being compensated. The attached resolution seeks ratification of this action. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN SIGNING A "TURF AND LANDSCAPE MAINTENANCE MEMORANDUM AGREEMENT" WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Florida Department of Transportation (FDOT) has available lump sum compensation agreements for the care of landscaped areas with State rights -of -way, and; WHEREAS, the Sunset Drive and US 1 medians within the City limits are currently maintained by the City, at the City's expense, and; WHEREAS, the FDOT agreement provides for a total yearly lump sum compensation of $11,079.19 for a period of three years. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The action of the City Manager to sign the FDOT agreement before the May 29, 1998, deadline is hereby ratified. PASSED AND ADOPTED this 2nd day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR DEPARTMENT OF TRANSPORTATION TURF AND LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT IT THE CITY OF SOUTH MIAMI This AGREEMENT, entered into this day of 19 , by and between the STATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, herein after called the CITY. WHEREAS, as a part of the continual updating of the State of Florida Highway System, the DEPARTMENT for the purpose of safety has created roadside areas and median strips on that part of the State Highway System described by Attachment "A ", which by reference hereto shall become a part hereof, within the corporate limits of the CITY and WHEREAS, the CITY hereto is strips and roadside areas shall various flora; and of the opinion that said median be attractively landscaped with WHEREAS, the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS, the CITY by Resolution No. dated , attached hereto as Attachment "C ", which by reference hereto shall become a part hereof, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. CITY'S MAINTENANCE RESPONSIBILITY The CITY shall be responsible for the maintenance of all landscaped and/or turfed areas within the DEPARTMENT'S right - of -way having the limits described by Attachment "A ". The CITY shall be responsible for performing the work described below with a minimum frequency of twelve (12) times per year: SMIAW AG 1 1.1. Mow,. cut and/or trim and edge the grass or turf in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program ". 1.2. Properly prune all plants which includes plant and tree trimmings in accordance with the latest edition of the "Maintenance Rating Program ". Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right -of -way. 1.3. Remove and dispose dead, diseased or otherwise deteriorated plants. 1.4. Keep litter removed from roadside and median strips. 1.5. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by (1.1) through (1.4) inclusively as described above. 2. WORK SCHEDULE The CITY shall submit a schedule to the DEPARTMENT containing the dates of when the CITY is planning to perform the mowing work. In addition, before the CITY starts the work, the DEPARTMENT shall be notified via fax of the state road(s) and days) in which the CITY will be working. The fax shall be sent to the attention of the "South Dade Maintenance Engineer ", at fax number (305) 256-6304. 3. NATURAL DISASTERS The CITY shall not be responsible for the clean -up, removal and disposal of debris from the DEPARTMENT'S right of way having limits described by Attachment "A ", or subsequent amended limits mutually agreed to in writing by both parties following a natural disaster (i.e. hurricane, tornados, etc.) . However, the cost of any cycle or part thereof that could be impaired by any such event may be deducted from the payment to the CITY. 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is not being properly SMIAMI.AG 2 accomplished pursuant to the terms of this AGREEMENT, said DISTRICT' MAINTENANCE ENGINEER may at his option issue a written notice in care of the CITY MANAGER, to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 4.1. Maintain the median or roadside area declared deficient with DEPARTMENT and /or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or ;4.2. Terminate this AGREEMENT. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111th Avenue., Room 6214 Miami, Florida 33172 -5800 Attention: District Maintenance Engineer To CITY: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attention: City Manager 6. LANDSCAPE MODIFICATION It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as found necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. 7. METHOD OF COMPENSATION In accordance with requirements of Section 287. 058 (1) (d) , Florida Statutes, the DEPARTMENT agrees to pay the CITY SML"U.AG 3 S. quarterly (each of maintenance three month period) compensation for the cost as described under Subitems (1.1) through The lump sum payment will be in the amount of S.2,768.55 dollars per quarter for a total appropriation of $11.074.19 dollars per year. In accordance with Section 287.058(1)(a), Florida Statutes, the CITY shall submit the quarterly invoice /bill in detail sufficient for proper preaudit and postaudit thereof. Section 215.422(5), Florida Statutes, requires the Department to include a statement of vendor (Contractor) rights. Contractors are hereby advised of the following: Contractors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has 5 working days to inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, by the Department of Transportation. If a payment is not made within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1) Florida Statutes will be due and payable, in addition to the invoice amount, to the Contractor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department of Transportation. A vendor ombudsman has been-established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the state Comptroller's Hotline, 1 -800- 848 -3792. SMI&W AC, 4 9. PAYMENT ADJUSTMENT In the event temporary work by the DEPARTMENT forces or by other Contractors temporarily prevent the CITY from performing the work described in this AGREEMENT, the DEPARTMENT shall deduct from the lump sum payment the acreage of the affected area and only compensate the CITY for the actual work it performs. The DEPARTMENT shall initiate this procedure only if the temporary work described in this section is for a period of one (1) month or longer. Adjustment to the CITY'S payment shall also be done as noted in Item Three (3). In the event ;this AGREEMENT is terminated as established by Item Ten (10) herein, no payment will be prorated for the quarter in which termination occurs for the work that has been completed. 10. TERMINATION This AGREEMENT or part thereof is subject to termination under any one of the following conditions: 10.1. In the event the DEPARTMENT exercises the option identified by Item Four (4) of this AGREEMENT. 10.2. As mutually agreed to by both parties. 10.3. In accordance with Section 287.058 (1) (c) , Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow - public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. 11. TERMS 11.1. The terms of this AGREEMENT shall only commence when the DEPARTMENT issues the CITY the Notice To Proceed letter. 11.2. In accordance with Section 287.058 (1) (e) , Florida Statutes, this AGREEMENT is for a period of three (3) years beginning on the date stated in the Notice To Proceed letter. SHAW AG 5 11.3. In accordance with Section 287.0582, Florida ,Statutes; "The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature." The total AGREEMENT amount for a period of three (3) years is $33,222.57 or $11,079.19 annually. To comply with Section 287.0582, F.S., the Department shall only appropriate the annual amount of $11,074.19 at the beginning of each AGREEMENT year. 12. BMqEWAL In accordance with Section 287.058(1)(f), Florida Statutes, this AGREEMENT may be renewed on a yearly basis for a maximum of two (2) years after the initial contract only if mutually agreed to in writing by the DEPARTMENT and the CITY, subject to the same terms and conditions set forth in this AGREEMENT, and said renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. 13. ATTACMWNT "AN AMENDMENT It is further understood that Attachment "A" may be amended or changed at any time, as mutually agreed to in writing by both parties. Payment as specified in Item Seven(7) above shall reflect such amendment or change. 14. TIME EXTENSION In accordance with Section 287.012 (10), Florida Statutes, this AGREEMENT may be extended if mutually agreed to in writing by both parties, for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this AGREEMENT; provided the DEPARTMENT may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this AGREEMENT. 15. ADDITIONAL L ANDSCARING The CITY may construct additional landscaping within the limits of the right -of -ways identified as a result of this document, subject to the following conditions: 15.i. Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not SAW" AG 6 change or deviate from said plans without written approval by the DEPARTMENT. 15.2. All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; 15.3. All requirements and terms established by this AGREEMENT shall also apply to any additional landscaping installed under this item; 15.4. The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard permit provided as Attachment "B" (not to actual size) to this AGREEMENT with by reference hereto shall be a part of hereof; 15.5. No change will be made in the payment terms established under Item Seven (7) of this AGREEMENT due to any increase in cost to the CITY resulting from the installation and maintenance of landscaping added under this item; 15.6. In the event this AGREEMENT is terminated as established under Item Ten (10) herein, the CITY agrees to accept full responsibility for all maintenance within the entire area(s) defined by plans and permits defined and established as a result of this item,. The CITY shall provide this maintenance at no cost to the DEPARTMENT. 16. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or written reference to the subject matter hereof that are not merged herein and superseded hereby. 17. This AGREEMENT is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 18. This.AGREEMENT, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. 19. Nothing in this AGREEMENT shall be construed to violate the provisions of Section 339.135(6)(a), of the Florida Statutes (1993), which provides as follows: SMIAMLAG The Department, during any shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a contract for periods exceeding, one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are of an amount in excess of $25,000 and which have a term for a period of more than one year. fiscal year, S?A ANU.AG 8 ___ _..__...__......_... IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. LANDSCAPING AGREEMENT WITH THE CITY OF SOUTH MIAMI. CITY OF SOUTH MIAMI BY:- ""a City Manager ATTEST : &44") City Clerk (S (d1) BY: City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary ATTEST: Executive Secretary APPROVED AS TO LEGAL FORM: BY: District General Counsel F, SNUAW AG 9 ATTACF3NT "A" Below is the state road, the limits, length and acreage of the area to be maintained by the City of South Miami under this AGREEDEWT. STATE ROAD STREET LENGTH ACREAGE No. NAME FROM: TO: (MILES)(MEDIANS) 5 S. Dixie Hwy. SW 80 St. SW 57 Ave. 1.20 1.08 986 Sunset Dr. SW 69 Ave. US 1 ._0,..50 1-01 TOTAL 1.70 2.09 SMMaAG 10 District Six 6/95 DATE: SECTION NO: _ COUNTY: STATE PROJECT NO APPLICANT: _ ADDRESS: CITY: ^_ TELEPHONE NO.: ATTACHMENT "B " STATE OF FLORIDA DEPAR73CM OF TRANSPORTATION SPECIAL PERMIT PERMIT NO.: STATE ROAD NO MILEPOST FROM: (if applicable) RECORD NO.: _ STATE: TO: ZIP CODE: Applicant requests permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct, operate, and maintain the facility shown in the accompanying engineering as described here: Location of Construction, Street Name, and Nearest Intersection: 1. %Is the proposed work within the corporate limits of a municipality: Yes ( ) No l ) Name of municipality: Local Government Contact: 2. Prior to filing this application, the location of all existing utilities, both aerial and underground, has been ascertained, and the accurate locations are shown on the drawings (as applicable) . A letter of notification was mailed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ t 0 t h e f o 1 1 o w i n g utilities /municipalities: 3. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and /or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. 4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and /or efficient operation, alteration, or relocation of any or all portion of said highway and /or transportation facility; the Permittee shall immediately remove any and all installed facilities from said highway and /or transportation facility, or reset or relocate thereon as required by the Department at the Permittee's expense. S. All work shall meet Department-s Roadway and Traffic Design Standards, ,Sgo 'f' cations for Road and Bridge Construction, and other applicable criteria in effect at the time of permit issuance. The work shall be performed under the inspection supervision of Permit /Maintenance Engineer located at , Telephone No. This designated engineer shall be notified forty -eight (48) hours prior to the pre - construction meeting and again immediately before commencement of work. All material and equipment shall be subject to inspection by the designated engineer or his authorized representative. 6. All Department property shall be restored to its original condition as far as practical in keeping with Department Specifications, and in a manner satisfactory to the Department, within thirty (30) days of the installation of the permitted work, unless otherwise approved by the Department. T. A drawing covering details of this work shall be made a part of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of Florida. As built drawings are required: Yes ( ) No ( ) 8. The Permittee shall commence actual construction in good faith 'within days from the date of said permit approval and shall compete construction within days from the commencement of work unless the permittes shows good cause for delay and the Department approves an extension. No extension beyond one (1) year from the date of issuance of this permit will be granted. 9. This construction and maintenance shall not interfere with the property and rights of a prior Permittee. 10. Special Conditions and Instructions by the Department: 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in interest, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage, cost, or expense arising in any manner on account of the exercise or attempted exercise by said Permittee of the aforesaid rights and privileges. 12. During construction through Department acceptance of the permitted work, all safety regulations of the Department shall be observed and the holder must take measures, including placement and display of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Department's current edition of the Roadway and Traffic Design Standards, Index. Series 600, . and the Manual of Uniform Traffic Control Devices. 13. In case of non - compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the work will be brought into compliance or removed from the right -of -way at no cost to the Department. Submitted and Agreed to by: Corporate Seal Signature of Permittee Name and Title (typed) Attested Recommended for approval: Title: Date: Approved by: A Date: District Permit Engineer or Authorized Representative SNUAhIIAG 11 ATTACIDONT "C" ATTACH CITY RESOLUTION SWANMAG 12 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr RE: City Manager June 2, 1998 02( Agenda Item # Commission Meeting, June 2, 1998 AUTHORIZATION OF CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $3,300.00 TO THE MIAMI -DADE WATER & SEWER DEPARTMENT FOR THE SUNSET DRIVE IRRIGATION SYSTEM CONNECTION FEES The attached resolution seeks approval to allow the City Manager to disburse $3,300.00 to the Miami -Dade Water & Sewer Department (WASD). This County agency is requiring a one -time connection, permit, and service fee of $3,300.00 in order to connect the new Sunset Drive irrigation systems to public water supply. The Sunset Drive improvements between Red Road and US 1 include extensive landscaping. An irrigation system is needed to maintain the landscaped areas and tree wells. Public water supply is recommended because a groundwater irrigation system will leave rust- colored stains on the new sidewalks. The $3,300.00 expenditure would come from Account No. 112- 1730 -541 -6270, 'Local Option Gas Tax Infrastructure Projects". Approval of this expenditure is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH s MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO DISBURSE A SUM NOT TO 7 EXCEED $3,300.00 TO THE MIAMI -DADE 8 WATER AND SEWER DEPARTMENT FOR 9 THE SUNSET DRIVE IRRIGATION SYSTEM 10 CONNECTION FEES, AND CHARGING THE 11 DISBURSEMENT TO "LOCAL OPTION GAS 12 TAX INFRASTRUCTURE PROJECTS", 13 ACCOUNT NO. 112- 1730 -541 -6270. 14 is WHEREAS, the Miami -Dade Water and Sewer Department is 16 requiring a one -time connection, permit, and service fee of $3,300 to 17 connect the Sunset Drive irrigation system to public water supply, and; 18 19 WHEREAS, the irrigation system is necessary to maintain the Sunset 20 Drive landscaped areas, and; 21 22 WHEREAS, a groundwater irrigation system is not recommended 23 since groundwater will leave rust- colored stains on the sidewalks. 24 25 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 26 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The City Manager is hereby authorized to disburse the 29 sum of $3,300.00 to the Miami -Dade Water & Sewer Department. 30 31 Section 3. This resolution shall become effective immediately after 32 adoption hereof. 33 34 35 PASSED AND ADOPTED this 2nd day of June, 1998. 36 37 38 APPROVED: 39 40 41 42 MAYOR 43 1 ATTEST: 2 3 4 5 CITY CLERK 6 7 8 9 READ AND APPROVED AS TO FORM to 11 12 13 CITY ATTORNEY 14 15 3 A 04/20/1998 11:39 3 056636346 9 :MIAMI�ItJANCE DEPT 04/17/98 14: S e t � r� f rst�a+,�a� PAGE 01 R to Vv �y r q�! ::orzo Castella Carballo l Impson Saiman, P.A. Engineers - Architects - Planners DATE: July 30, 1997 TO: Mr. Bill Mackey Director of Planning and Zoning City of South Miami FROM: Rarnvn Castella, F.E. PROJECT: Sunset Drive Improvements C3TS Project No.: 22 &01.07 REFERENCE: '=Meterms COPY: Mr. Ronald Grabill Mr. Aaron Cohen se let this memorandum serve to inform you of the following information pursuant to the ec tion of irrigation meters to a Miami -Dade Water and Sewer OepartmerR (MDWASD) main r line as necessary for this project. Mr. Joseph P. Culhane of MOWASD, after prelirrlirwy w of thw irrigatiorn f arts, 4eMMW the cost associatet) vino►. the proposed irtigation system. , hrs calcu aticm that a check i6r,30200.00 to the order of Miami -Dade Water and Sewer utment fmm the City of South Miami is required for the implementation of irrigaWn Service. 64ak n of this cost- is as follows: V Single Connection Fee. $1.10M.00 ' 2" Single Connection Fee: $2,000.00 2 Permits (one permit per Connection): $200.00 As time constraints are a factor in this pmject,.it is MOWASO's suggestion than payment be made as soon as possible, as the processing time may take up to seven (7) weeks. After the above mentioned permits and work are completed and the City is ready for the irtsta#lation of the meters, a deposit of $80,+00 (VO.00 for each meter) and an additional service charge of $20.00, totaling $104.00, must be presentee, to the Miami -Dade Water anal Sewer Oepamylent. Should You have any questions or comments please do not hesitate to contact our office. �•�1•s+pnan�ee,� �s Parn� t)s t an BNra:, SuH� ppp, Cad GWlet. Fpdtie 33130 W,. �DhIt3 0. ie� 118�22t• F1R (.i(13j MS33Q8 SW 54TH AVE E06 qTO'ON Ln r Sw 0 T6LZT9E Sim zO'iT eG,/GT/90 m 1 _- - -- El LO:TT 86r6ir50 ESA 5 3 rou WIT ff i aq MU Mu I IATE: May 27, 1998 The attached resolution seeks approval for Set USA, to receive a purchase order • $2,980.00 from account number 001-2000-572.4690, Maintenance Repair — I ennis Facility", • resurface the three (3) tennis courts at Dante Fascell Park. There have been numerous footing incidents as well as, accidents due to the uneven playing surface. Mr. Wayne M. Anderson, Risk Control Specialist, from the Florida League of Cities, also concluded and recommends resurfacing and relining • the tennis courts at Dante Fascell Park. Commission Scurr Tennis courts resurfaces 98 I Resolution No. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 5 INTO A CONTRACT WITH SET USA, FOR RESURFACING OF THREE (3) TENNIS 6 COURTS AT DANTE FASCELL PARK DUE TO EROSION OF THE COURTS 7 SURFACE, CAUSING AN IMBALANCE OF THE LEVEL OF THE TENNIS 8 COURTS CREATING EXTENSIVE SURFACE PROBLEMS AND SAFETY ISSUES; 9 PROVIDING FOR DISBUSEMENT FROM ACCOUNT #001-2000-572.4690, 10 "MAINTENANCE REPAIR — TENNIS FACILITY". 11 12 WHEREAS, pursuant to Article 111, Section 5, H, of the City Charter requires 13 bids be obtained for services and or purchases of items over $1,000.00; and 14 15 WHEREAS, Dante Fascell Park Tennis Courts has developed extreme erosion 16 causing clay loss, water drainage problems and safety concerns; and 17 is WHEREAS, a drainage study by the engineering and architectural firm of C3TS 19 concludes that work done to the tennis courts at Dante Fascell Park after Hurricane 20 Andrew was performed unsatisfactorily; and 21 22 23 24 25 26 27 -8 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, this project will aesthetically enhance the park, provide for safer surroundings and prevent further erosion of the tennis courts surfaces, and allowing us to be within standards of Florida League of Cities, as well as recommendations concurred by the community. M—•15 15 1 km Lai M U91 a I so I VW &01 a W6111 11 § al I I M a go] 11blkli I i. Section 11. That a purchase order be awarded to Set USA, for the amount of $2,980.00, for correcting the eroded tennis courts surfaces at Dante Fascell Park. Disbursement will come out of account number 001-2000-572.4690, "Maintenance Repair — Tennis Facility". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1998. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM PARKS & RECREATION DEPARTMENT TO: Charles D. Scurr City Manager FROM: Ana M. Garcia Director DATE: May 27, 1998 SUBJECT: Resurfacing Project Dante Fascell Tennis Courts A drainage study and investigation on the Tennis Courts at Dante Fascell Park was completed by C3TS in January of 1998. C3TS concludes that work done to the tennis courts at Dante Fascell Park after Hurricane Andrew was performed unsatisfactorily because the courts were not graded properly in order to shed run off from the courts. The erosion and loss of clay from the surface of courts has caused an imbalance of the level of the tennis courts. There have been numerous footing incidents as well as, accidents due to the uneven playing surface. Mr. Wayne M. Anderson, Risk Control Specialist, from the Florida League of Cities, also concluded and recommends resurfacing and relining of the tennis courts at Dante Fascell Park. Attached, please find three (3) quotes to resurface and reline three (3) tennis courts. The work will be awarded to Set USA for $2,980.00. Also included, are two (2) letters from people who have fallen at the courts as well as, a letter from Florida League of Cities. I recommend that this resolution be placed on the June 2, 1998, City Commission Meeting agenda and that the awarded amount be disbursed from account number 001 - 2000 - 572.4690, "Maintenance Repair — Tennis Facility ". Thank you. AMG /mst Resurface Tennis Courts Scurr 98 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, FL 32853 -0065 May 19, 1998 Mr. Hakeem K. Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 F(!r FIMDA [EAZ lE OF CITIES RE: 3`d Quarter Watchlist & Park Liability Follow -up - May 13, 1998 Dear Hakeen, On the above date, I visited your City for the third time during the current policy year. (407) 425 -9142 (800) 445 -6248 Suncom 344 -0720 Fax (407) 425 -9378 As Of March 31, 1998, the City had a very acceptable loss ratio of 6% under the property/liability policy. During my visit, I had the pleasure of meeting with Sergeant Lisa Morton, Training Coordinator from the Police Department During our meeting, I was pleased to learn that aggressive training practices are in place, in accordance with state and federal laws. Relative to at -fault accidents involving driving and all other job related accidents; disciplinary actions are strictly enforced. I also met with Ms. Ana Garcia, Parks and Recreation Director, and Mr. Doug Baker, Park Maintenance Director. I was pleased to find that the recommendations offered during my visit of March are being addressed, with approximately 90% completed. The recommendations will be fully completed by the end of May 1998. In addition to the continuous pro -active measures taken to have all parks in top -notch condition, the Parks Department is also conducting monthly park inspections in an effort to detect unsafe and/or hazardous conditions. All reports are properly documented to assure that all discrepancies are addressed in the proper manner. Also, on a positive note, there has been no liability claims filed within the City's Parks and Recreation Department during the current policy year. Relative to several complaints addressed towards the Dante Fasell Tennis courts, the following recommendation is being offered: Recommendation 98-5-1: Due to the triptfall hazards associated with the Clay Court lines, the City should resurface and reline the six tennis courts. Florida Municipal Insurance Trust Mr. Hakeem K. Oshikoya Page two May 19, 1998 The above recommendation should be addressed immediately, due to the severe injuries associated with trip and fall injuries. Please keep me posted on your progress. I wish to thank Ms. Morton, Ms. Garcia, and Mr. Baker for their cooperation and assistance during my visit. Should you have any questions, please feel free to give me a call at (954) 398 -5159. Sincerely, Wayne M. Anderson Risk Control Specialist WMA/gma CC: Ana Garcia, Parks and Recreation Director Chuck Wilde, State League Representative PROPOSAL ,t � "PROPOSAL d.-E-FT4 SHEET NO. ?.V. 130X 561641 '�IIA \II, FI.UIt1L�A 3323n 1641 DATE Tel: (305) 387-; 000 Fax: 668 -8550 �-- PROPOSAL SUBMITTED TO: WORK TO BE "ERFORMED AT: ADDRESS __Dante Faerel.I Park CITY, STATE DATE OF I .yt, ;:"Y propose to turnish the materials and perform the labor necessary for the completion of t Light resurface of tnzee clay tennis courts PROPOSAL 2/20/98 _F.PT OSt�_al 1 r3Paa matr-ri al on ottrtci`._ rIrwe courts by dragging a heave met�.l bar across court areas,which amc,res high spots and leaves a level surface. Repair- on each court behind baseline -in the middle area about 15 feet w -the erosion. Repair with suppiie`a__m__a_FEeriai and bulla up to correct height. Rcll, brush and water courts as needed. , install 50 lugs ( $0 pd) on each court. - I nsta nev7 "fines on e`ac M cour . L T1'rt`S-= ready to - ay j e e±eet 3_7 k' i t V o f R r) l l t h M, T;; m j _ Al.)_ work to be supplied by-SET-USA. All m material is guaranteed to be a as specified, and -the above work to be' . performed in accordance with t the and s specifications submitted for a above work and completed in a substantial workmanlike manner for t the with a a m 4 D Dollars ($2980.00 o e made as follows Deposit i1 remainder of $1480 upon I. Any alteration or deratgn from 2twve specdicatgru involving extra costs will be exerted only ut »n wntlen oreer, and will become an extra charge 1 over and above the estimate. All agreements contingent Loon strikes. 11 accidents. a oetays beyond our eontrot. drawing sum of of $1500 upon approv 1, completion. - Respectfully submitted l� Per Note - This proposal may be withdrawn by us if not accepted within 3 C days — ' ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the - .work as specified. Payments will be made as outlined above. Signature Date Signature 0'71/2 7 /"j 13 9,1?, 11:14 3F15_ =,9 '!(-CCJF'T COHSTR UKI i'vIcCOURT CONSTRUCT ION, 'N"-. 16155 SW 111 AVL4,JIJP-- SUITE 26 FAA siiK-ET V.PAMI, 71 331, 7-,' DATE February I TO R a nd, -v B o y k c) FROM a n M c P i r, RE Number of pages in transmittal, including this -",,e Message Conotruc ' ioi; ini� r 1L a d m r t c) t e Tiateie -. � ;'. - 0"'; ojt� A, ') � I [:39 x 2 '3 zxs 4- L itr� Tj 'T ,, .-nnis c(iurt;�. 11 4'1. a TI. �i is 5 c F&6t--P) bags $00.00 for the -1-Ra ccr-t-tact us immediately it all pages are not t r-:-- vvl: I or if transmittal i;,:;, uncleay. W(MI(% -QLIP7 At., ANDY'S TENNIS CONSTRUCTION & REPAIR February 10, 1998 Quote Location: Dante Fascell Park 8700 S.W. 57`h Ave. Miami, Florida 33143 Contact person: Randall Boiko, Tennis Director 1. Remove all dead material 2. Remove all old lines 3. Level 3 courts with metal scraping bar and fill in low areas at baselines over '/4" with marl material. 4. Nail down new lines on three courts. 5. Add top dressing material supplied by the City of South Miami. 6. Clean and remove all old materials. ESTIMATE $1,500 per court @ 3 courts ..............$ 4,500 7600 S.W. 139`" Street Miami, Florida 33158 (305) 254 -6913 Reverend Neil Wyrick [ Palmetto Presbyterian Church] 6790 S.W. 56`' Street Miami, Florida 33143 665 -1513 April 28, 1998 To: Recreation Director Recently I fell while playing at Dante Fascell Park's tennis facility; breaking 4 ribs, injuring my collar bone and redesigning my sternum. The court need to be worked on to improve the court surface rendering the courts safe to play on. I have enjoyed the use of the park, the tennis courts, and the people who run the facility. Please contact me if I can be of any assistance. Yours truly, Rev. V. Neil Wyrick �--- __ � C�.___._ _�- '��____. _cam. —Q - -�� c�`�__._� _��_lYt _ CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: June 2, 1998 FROM: Charles D. Scurr RE: Agenda Item # o23- City Manager Commission Meeting, June 2, 1998 AUTHORIZATION OF CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $1,817.00 TO FLORIDA POWER & LIGHT TO ESTABLISH ELECTRICAL SERVICE CONNECTION FOR THE SUNSET DRIVE IMPROVEMENTS AREA The attached resolution seeks approval to allow the City Manager to disburse $1,817.00 to Florida Power & Light (FPL). FPL is requiring a one -time connection fee for the new Sunset Drive electrical infrastructure. The Sunset Drive improvements area between Red Road and US 1 includes an extensive electrical infrastructure for street lighting and street fair vendor power supply outlets. The $1,817.00 expenditure would come from Account No. 112 - 1730 -541 -6270, 'Local Option Gas Tax Infrastructure Projects". Approval of this expenditure is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $1,817.00 TO FLORIDA POWER & LIGHT TO ESTABLISH ELECTRICAL SERVICE CONNECTION FOR THE SUNSET DRIVE IMPROVEMENTS AREA ELECTRICAL INFRASTRUCTURE, AND CHARGING THE DISBURSEMENT TO "LOCAL OPTION GAS TAX INFRASTRUCTURE PROJECTS", ACCOUNT NO. 112- 1730 -541 -6270. WHEREAS, Florida Power & Light (FPL) is requiring a one -time connection fee of $1,817.00 to connect the Sunset Drive Improvements Area lighting and electrical systems to power supply, and; WHEREAS, the street electrical systems are necessary for street lighting and to supply power outlets to street fair vendors, and; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section -1, The City Manager is hereby authorized to disburse the SUM of $1,817.00 to Florida Power & Light (FPL). Section 3l. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 2nd day of June, 1998. APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY �,� zo Castella Carbalio �, mpson Salman, P.A. Engineers - Architects - Planners f MEMORANDUM DATE: July 30, 1997 TO: Mr. Bill Mackey Director of Planning and Zoning City of South Miami FROM: Ramon Castella, P.E. PROJECT: Sunset Drive Improvements C3TS Project No.: 228 -01.01 REFERENCE: FPL Electrical Powe�Sour�ce C OPY: Mr, Ronald Grabill Mr. Aaron Cohen iltPlease let this memorandum serve to inform you of the following information pursuant to the electrical service connection to the existing Florida Power & Light (FPL) power pole on the southeast corner of Sunset Drive and SW 58th Ave. as necessary for this project. Mr. Bob Flowers, of FPL, after preliminary review of the electrical plans, recommends a pullbox (approx. a' x 21 be placed under the sidewalk and adjacent to the existing FPL power pole on the south side of the pole. FPL is to coordinate with the City for police Maintenance of Traffic at this intersection while FPL installs the pullbox. was his observation that an existing pipe located on the south side of the pole was once used by the City of South Miami for some purpose. The City into inform FPL what function, if any, this pole performs. If no purpose is determined, Mr. Flowers recommends that this pipe be removed by FPL to allow more room for the new wiring that will be needed for this project. The City is to coordinate with FPL regarding this matter. - The City of South Miami is to contacLEPL directly to set up an apQ=t for the new meter to be installed. Should you have any questions or comments please do not hesitate to contact our office. 022a01WctMC MEM 901 Ponce De Lean Blvd_, gulte 900, Coral Gebiec, Florida 33134 iel.: 305-45 -2900 - (WO) 448-02=7 - Fax (305) 445 -3366 PLEASE DETACH AND MAIL THIS --------------------------- FLORIDA POWER & LIGHT CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI PORTION WITH YOUR PAYMENT ------------------------------------- "�OMPANY INVOICE CUSTOMER ID --- > INVOICE NO ---- > INVOICE DATE - -> FL 33143 PAST DUE AFTER AMOUNT DUE - -> 103864 185261 10/02/97 11/01/97 1,817.00 CURRENT CHARGES AND CREDITS $1817 FOR INSTALLATION OF 48" HH AND-- RISER DESCRIPTION REFERENCE NBR AMOUNT' SMO CUST CONTRIB - BURIED SVC 882- BS -807V Y 1,817.00 5870 SW 72ND ST # B TOTAL AMOUNT DUE $1,817.00 FOR INQUIRIES CALL: BOB FLOWERS AT 305 - 387 -6662 ARMS PROCESSING (PPC /GO) GENERAL MAIL FACILITY MIAMI FL 33188 -0001 CUSTOMER ID --- > 103864 INVOICE NO ---- > 185261 CITY OF SOUTH MIAMI ---- -- ATTN: BILL MACKEY JR INVOICE DATE - -> 10/02/97 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 PAST DUE AFTER 11/01/97 AMOUNT DUE - -> 1,817.00 PLEASE DETACH AND MAIL THIS --------------------------- FLORIDA POWER & LIGHT CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI PORTION WITH YOUR PAYMENT ------------------------------------- "�OMPANY INVOICE CUSTOMER ID --- > INVOICE NO ---- > INVOICE DATE - -> FL 33143 PAST DUE AFTER AMOUNT DUE - -> 103864 185261 10/02/97 11/01/97 1,817.00 CURRENT CHARGES AND CREDITS $1817 FOR INSTALLATION OF 48" HH AND-- RISER DESCRIPTION REFERENCE NBR AMOUNT' SMO CUST CONTRIB - BURIED SVC 882- BS -807V Y 1,817.00 5870 SW 72ND ST # B TOTAL AMOUNT DUE $1,817.00 FOR INQUIRIES CALL: BOB FLOWERS AT 305 - 387 -6662 From: Charles D. Scurr City Manager REQUEST: Agenda Item # Re: Comm. Mtg. 06/02/98 Moratorium Extension Relating to Telecomm. Towers AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; AMENDING ORDINANCE NO. 2 -98 -1650 IN ORDER TO PROVIDE FOR A 90 -DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS, THEREBY ENABLING THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On January 20, 1998, the Mayor & City Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on the acceptance and review of applications relating to telecommunication towers in order to prepare and adopt minimum standards for the location and approval of telecommunication towers. The City has not finished preparing minimum standards for the location and approval of telecommunication towers to date, and the moratorium is effective through July 19, 1998. Since the minimum standards will not be ready for adoption by that date, a 90 -day extension of the moratorium is proposed in order to provide time for public involvement and the development of the best possible standards. RECOMMENDATION: Approval. Telecommunication Tower Moratorium Extension June 9, 1998 I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; 6 AMENDING ORDINANCE NO. 2 -98 -1650 IN ORDER TO PROVIDE 7 FOR A 90 -DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE 8 AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT 9 PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION 10 TOWERS, THEREBY ENABLING THE CITY TO PREPARE AND ADOPT 11 MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF 12 TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN 13 CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE 14 TIME PERIOD OF THE MORATORIUM; PROVIDING FOR 15 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 16 DATE. 17 18 19 WHEREAS, the Congress of the United States adopted the 20 Telecommunications Act of 1996, providing for federal regulation 21 of wireless telecommunications, a technology of wireless voice, 22 video and data communications systems, which requires land -based 23 facilities that impact planning and zoning concerns in the City 24 of South Miami and throughout the United States; and, 25 ' 26 WHEREAS, the City has received, and expects to receive 27 additional requests from telecommunication service providers to 28 site wireless telecommunication towers and antennas within its 29 municipal boundaries and the City is authorized by federal, 30 state and local law to regulate the siting of such towers and 31 antennas; and, 32 33 WHEREAS, the Mayor and City Commission finds that it is in 34 the public interest to regulate the siting of wireless 35 communication towers and antennas within the municipal 36 boundaries; and, 37 38 WHEREAS, it is the intent of the City Commission to provide 39 reasonable accommodation, and to promote and encourage fair and 40 reasonable competition, among telecommunication service 41 providers, or providers of functionally equivalent services, on 42 a neutral and non - discriminatory basis; and, 43 44 WHEREAS, Ordinance No. 2 -98 -1650 was passed and adopted on 45 January 20, 1998, providing a 180 -day moratorium on acceptance 46 and review of applications, and issuance of development permits, 47 for the installation of telecommunication towers to enable the 48 City to adopt minimum standards for the location and 49 installation of telecommunication towers and antennas, for Telecommunication Tower Moratorium Extension June 9, 1998 1 I establishing the priority order of use and, further, to 2 encourage the co- location of facilities, in a manner that is 3 consistent with, and implements, the City's comprehensive plan, 4 and is compatible with the existing patterns of development in 5 the City; and, 6 7 WHEREAS, the City's staff members primarily responsible for 8 the development of the minimum standards relating to 9 telecommunication towers within the City have left the service 10 of the City and subsequently, have been replaced by new staff 11 members; and, 12 13 WHEREAS, "Section 2" of Ordinance No. 2 -98 -1650 provides 14 for a 6 -month moratorium, effective through July 19, 1998; and, 15 16 WHEREAS, the Mayor and City Commission desires to provide 17 sufficient time for the new staff members to propose the best 18 possible amendments to the Code of Ordinances in order to ensure 19 that the City's regulations are consistent with the provisions 20 of the Telecommunications Act in all areas, including but not 21 limited to minimum standards for telecommunications service; 22 and, 23 24 WHEREAS, the Mayor and City Commission desires to provide 25 sufficient time for the public to become involved in the 26 creation of new regulations relating to telecommunication 27 towers. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 30 OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. The Whereas clauses are incorporated in, and 33 made a part of, this ordinance. 34 35 Section 2. The Mayor and City Commission of the City of 36 South Miami hereby declares a 90 -day extension of the moratorium 37 approved on January 20, 1998, as set forth by Ordinance No. 2- 38 98 -1650, on all actions relating to acceptance and review of 39 applications, and issuance of development permits, for the 40 installation of telecommunication towers, to enable the City to 41 prepare and adopt minimum standards for the location and 42 approval of telecommunication towers. 43 44 Section 3. The moratorium shall be effective through 45 October 17, 1998, unless extended by the City Commission. 46 47 Section 4. All ordinances, resolutions and parts 48 thereof, in conflict with this extension of the development Telecommunication Tower Moratorium Extension June 9, 1998 2 I permit moratorium shall not be in force and effect during the 2 time period of the moratorium. 3 4 Section 5. If any section, clause, sentence, or phrase 5 of this ordinance is for any reason held invalid or 6 unconstitutional by a court of competent jurisdiction, the 7 holding shall not affect the validity of the remaining portions 8 of this ordinance. 9 10 Section 6. This ordinance shall take effect immediately 11 at the time of its passage. 12 13 PASSED AND ADOPTED this 9th day of June, 1998. 14 15 ATTEST: APPROVED: 16 17 18 CITY CLERK MAYOR 19 20 READ AND APPROVED AS TO FORM: 21 22 23 CITY ATTORNEY Moratorium Ext for telecommunication towers.deo Telecommunication Tower Moratorium Extension June 9, 1998 3