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08-04-98.................... ...................... . ...................... MAYOR: Julio Robaina 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: August 4, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: August 18, 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. Police Department ITEMS FOR THE COMMISSION'S CONSIDERATION: Z. Approval of Minutes: Regular City Commission Minutes June 2, 1998 Regular City Commission Minutes - June 9, 1998 Regular City Commission Minutes - July 21, 1998 3. City Manager's Report: 4. City Attorney's Report: REGULAR CITY COMMISSION AGENDA - August 4, 1998 1 11 CONSENT AGENDA 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE CITY MANAGER AS SIGNATORY IN CITY BANK ACCOUNTS. (Administration) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $9,975.00 TO THE ENGINEERING FIRM OF M.C. HARRY ASSOCIATES, INC. FROM ACCOUNT NO. 112- 1730 - 519.3450 "LOCAL OPTION AS TAX TRUST FUND CONTRACTUAL ACCOUNT" TO PAY FOR ENGINEERING DRAWINGS REQUIRED BY STATE PERMIT GUIDELINES PERTAINING TO THE US 1 HIGHWAY MEDIAN LANDSCAPING PROJECT THROUGH AN APPROPRIATION FROM THE LOCAL OPTION GAS TAX CASH CARRYOVER. (Administration /Public Works) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,769.68 PALMETTO UNIFORMS FOR THE PURCHASE OF WORK UNIFORMS TO BE ASSIGNED TO PUBLIC WORKS FIELD EMPLOYEES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBERS, "UNIFORM" FROM DIVISIONS: 1720- 534 - 5220; 1710 - 519 -5220; 1730 - 541 - 5220; 1750 - 519.5220. (Administration /Public Works) 3/5 8. 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 $3,180.00 FOR PHASE II OF THE 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 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA URGING THE FEDERAL GOVERNMENT TO INCLUDE THE RESURFACING OF U.S. HIGHWAY 1 IN SOUTH FLORIDA AS PART OF THE $200.5 BILLION DOLLAR TRANSPORTATION BILL NOW PENDING BEFORE CONGRESS. REGULAR CITY COMMISSION 2 AGENDA - August 4, 1998 (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 S.O.S. CONSTRUCTION CORPORATION TO PROVIDE MUNICIPAL SEWER REHABILITATION SERVICES AT COST NOT TO EXCEED $8,000.00 FOR THE CURRENT FISCAL YEAR AND FISCAL YEAR 1998/99 AND CHARGING THE DISBURSEMENT TO "STORMWATER FUND MAINTENANCE AND REPAIR OF STREETS AND PARKWAYS" ACCOUNT NO. 11- 1730 - 541 -4640. (Administration) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FURNITURE AND CHAIRS FOR CITY HALL'S COMMON AREAS FOR THE CITY OF SOUTH MIAMI; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $4,019.00 TO IRA SHAPIRO & CO. AND THE SUM NOT TO EXCEED $4,412.00 TO CORPORATE DESIGN BY HERTZ; EXPENDITURE TO BE DISBURSED FROM ACCOUNT NO. 01- 1100 - 511 -6420 [OFFICE EQUIPMENT] (Administration) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PRESERVATION OF THE ORAL HISTORY OF THE CITY OF SOUTH MIAMI THROUGH THE "COMMUNITY CONNECTIONS PROGRAM;" AUTHORIZING THE CITY ADMINISTRATION, ON BEHALF OF THE HISTORIC PRESERVATION BOARD, TO DISBURSE A SUM NOT TO EXCEED $2,500 FOR PAYMENT TO DR. GREGORY BUSH FOR SERVICES RELATED TO SAID PROGRAM; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 01- 1100 -511 -9910, WHICH IS ENTITLED "SPECIAL EVENTS - CONTRIBUTIONS;" AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING AMENDMENT 98 -1ER TO THE ADOPTED COMPREHENSIVE PLAN, IN ORDER TO ADOPT THE INTERIM POLICIES REQUIRED PURSUANT TO THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RE- NUMBERING AND /OR COMBINATION OF PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN REGULAR CITY COMMISSION 3 AGENDA - August 4, 1998 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (First Reading July 21, 1998) (Administration /P &Z) 3/5 RESOLUTION (S) PUBLIC HEARING (S) 14. 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 C18, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 4/5 15. 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 CONVENIENCE," AS SPECIFIED IN SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING PROPERTY LOCATED AT 5796 BIRD ROAD, SOUTH MIAMI, FLORIDA 33155. (Administration /P &Z) 4/5 RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HUMAN RIGHTS; ENDORSING THE PROPOSED HUMAN RIGHTS AMENDMENT TO THE MIAMI -DADE COUNTY CODE; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANTS FY 98, IN AN AMOUNT OF $37,314 FOR THE PURPOSE OF ESTABLISHING A CRIME SUPPRESSION TEAM FOR THE POLICE DEPARTMENT; TO DESIGNATE $4,146.00 FROM THE REGULAR OVERTIME BUDGET OF THE POLICE DEPARTMENT (1910- 521 -1410) AS MATCHING FUNDS AS REQUIRED BY THE GRANT; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT DOCUMENTS RELATIVE TO OBTAINING THIS GRANT. REGULAR CITY COMMISSION 4 AGENDA - August 4, 1998 ORDINANCE (S) FIRST READING 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; RESERVING TO THE CITY THE POWER TO REVOKE FRANCHISES; PROVIDING FOR NON- TRANSFERABILITY OF FRANCHISE, LIMITATION OF CONTRACT, APPLICATION PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, CITY MANAGER TO PROMULGATE REGULATIONS, SCHEDULES AND ROUTES, AND TERMINATION; REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11 -3, PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; RETAINING SECTION 11 -2, COLLECTION BY THE CITY; RENUMBERING SECTIONS 11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Administration /Public Works) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS- REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION REGULAR CITY COMMISSION 5 AGENDA - August 4, 1998 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 - August 4, 1998 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 24, 1998 From: Charles D. Scuff Re: AGENDA ITEM# 45�0 City Manager Commission Meeting of July 28, 1998 Resolution regarding City Manager's signature on City checks. On July 21, 1998, with a unanimous vote, the City Commission approved resolution number 203 -98 -10470 to appoint Charles D. Scurr as the City Manager of South Miami. In accordance with section 2 -8(d) of the City of South Miami codes of ordinance, the City Manager is required to sign or countersign all city checks with either the City Clerk or the Finance Director. The attached resolution is prepared to seek authorization for the City Administration to forward the City Manager's signature to all the banks handling our bank accounts. Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 5 OF THE CITY MANAGER AS SIGNATORY IN CITY BANK ACCOUNTS. 6 7 WHEREAS, with approval of resolution number 203 -98 -10470 by the City Commission, 8 Mr. Charles D. Scurr was appointed the City Manager on July 21, 1997, and 9 10 WHEREAS, Section 2 -8(d) of the City of South Miami Code provides for the City 11 Manager to sign or countersign all City checks with the City Clerk or the Finance Director, and 12 13 WHEREAS, the City Administration wishes to forward Mr. Charles D. Scurr's signature 14 to all the banking institutions currently used by the City as replacement to Ms. Diana Morris' 15 signature. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI: 19 20 Section 1. That the City Administration is hereby authorized to provide Mr. Charles D. 21 Scum with the appropriate documents to facilitate his signature appearing in the City bank 22 accounts. 23 24 Section 2. That this resolution shall take effect immediately upon approval 25 26 PASSED AND ADOPTED this day of , 1998. 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 33 READ AND APPROVED AS TO FORM: 34 35 36 CITY ATTORNEY CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr SUBJECT: City Manager August 4, 1998 Agenda Item # /,001 August 4, 1998 Meeti AUTHORIZATION OF CITY MANAGER TO DISBURSE A SUM OF $9,975.00 TO M.C. HARRY AND ASSOCIATES, INC., FOR ENGINEERING CONSULTING SERVICES ASSOCIATED WITH THE US 1 MEDIAN LANDSCAPING F.D.O.T. PERMIT APPLICATION The attached resolution seeks approval to allow the City Manager to disburse a sum of $9,975.00 to the engineering firm of M.C. Harry Associates, Inc. for engineering consulting services associated with the Florida Department of Transportation (FDOT) permit application for the US 1 median landscaping improvement project. FDOT's permit requirements are stringent, particularly for major, high- volume corridor such as US 1. The engineering drawings required must provide a high degree of detail, including three - dimensional drawings, elevation points, plant material size /spacing, and sight distance specifications for the entire length of the median (from S.W. 80 th Street Street to S.W. 57' Avenue). Moreover, the drawings and specifications must be prepared and signed by a licensed professional engineer. The consulting firm hired for this job must will also communicate frequently and meet several times with FDOT staff throughout this effort. In order to provide the required drawings to FDOT, Public Works has sought the services of an engineering firm. A quote from one of the three "rotating" engineering firms on contract with the City has been obtained. M.C. Harry and Associates, Inc. has submitted a proposal to perform the entire scope of work for this project for $9,975.00. This firm has substantial traffic engineering experience and has provided the City with competent services in the past. Time is of the essence in this project due to the FDOT lengthy processing time expected once the application and drawings are provided. For the landscaping to be installed by mid - November, the design process which precedes the permit must begin immediately. Funding for this expenditure is available from Local Option Gas Tax Trust Fund cash carryover. The required funds will be appropriated from the carryover to account no. 112- 1730 -519 -3450, "Local Option Gas Tax Trust Fund -Contractual Account". The current carryover projection for this fiscal year is $77, 658.00 . Approval of this disbursement is recommended. Attachment 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 DISBURSE THE SUM OF 8 $9,975.00 TO THE ENGINEERING FIRM OF 9 M.C. HARRY ASSOCIATES, INC. FROM 10 ACCOUNT NO. 112- 1730 - 519.3450 "LOCAL 11 OPTION GAS TAX TRUST FUND 12 CONTRACTUAL ACCOUNT" TO PAY FOR 13 ENGINEERING DRAWINGS REQUIRED BY 14 STATE PERMIT GUIDELINES PERTAINING 15 TO THE US1 HIGHWAY MEDIAN 16 LANDSCAPING PROJECT THROUGH AN 17 APPROPRIATION FROM THE LOCAL OPTION 18 GAS TAX CASH CARRYOVER. 19 20 WHEREAS, plans to improve the US l Highway median landscaping 21 require permission from the Florida Department of Transportation (FDOT), 22 and; 23 24 WHEREAS, F.D.O.T permit requirements are significant, and entail 25 detailed engineering drawings which include sight distance and highway 26 safety specifications, and; 27 28 WHEREAS, in order to furnish these drawings, the consulting services 29 of a qualified engineering firm are required, and; 30 31 WHEREAS, the firm recommended for this work has significant traffic 32 engineering experience and is currently on contract with the City, and; 33 34 WHEREAS, the necessary funding for this service requires an 35 appropriation from the Local Option Gas Tax fund cash carryover into the 36 account designated as "Local Option Gas Tax Trust Fund - Contractual 37 Accounts ", No. 112- 1730 -519 -3450. 38 V I NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 2 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1. The City Manager is hereby authorized to disburse to s M.C. Harry Associates, Inc. a sum not to exceed $9,975.00. 6 7 Section 2. This resolution shall become effective immediately 8 after adoption hereof. 9 10 PASSED AND ADOPTED this 4h day of August, 1998. 11 12 13 APPROVED: 14 15 16 17 MAYOR 18 19 20 ATTEST: 21 22 23 24 CITY CLERK 2s 26 27 28 READ AND APPROVED AS TO FORM: 29 30 31 32 CITY ATTORNEY 6 July 23, 1998 Lump Sum Fee Proposal CHARRYSSOCIATES City of South Miami US -1 Median Landscaping Program MCHA will collaborate with traffic engineering consultant Kimley -Horn and Associates, Inc., to provide a landscape design and related contract documents for eight separate median strips located on US -1 between Red Road and SW 80th Street. Also included in the scope of our services is the submittal for permit application. Principal Archt/Enar Archt.Staff Enor Lumn Sum Suh -tntnk Assumptions: The city shall nuke 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 proposal for detailed backup. M.C. Parry & Associates, Inc. Tattal iT ��I�- s M. Carlson, A.I.A. Principal City of South Miami Charles Scurr City Manager $ 100 $ 85 $ 65 $ 60.00 average Task 1 Meetings & Data Collection* $ 1,200 $ 1,200 Task 2 Schematic Design* $ 2,700 $ 2,700 Task 3 Construction Documents* $ 1,800 $ 1,800 Task 4 Permitting* 1200 1200 Task 5 NA not authorized Project Oversite $ 1,600 MCHarry administration -10 hrs $1,000 1 commission meeting -2hrs $200 2 city staff coord meetings -4hrs $400 Reimbursable expenses $ 1,000 printing & reproductions $ 500 digital scanning $ 500 Contingency @', 5% $ 475 Total - Lump Sum $ 9,975 Assumptions: The city shall nuke 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 proposal for detailed backup. M.C. Parry & Associates, Inc. Tattal iT ��I�- s M. Carlson, A.I.A. Principal City of South Miami Charles Scurr City Manager O'JUL . 22.199RT . 2: 1 OPMAI 1 MC. HARRY _ ASSOC Klmley -Horn ®L. 1 and Associates, Inc. July 9, 1998 KINLEY ROM Mr. Thomas M. Carlson, AIA Principal MC HARRY ASSOCIATES 2780 SW Douglas Road, Suite 342 Miami, FL 33133 Re-' US l Median Z=dscapintg Flan ov of Spurk Abmnl Proposalfor Consulling Srrvi e3; Dear Torsi; NO. 672 KiMley -Horn and Associates, Inc, (" KHAO') is pleased to submit this proposal for providing profassional consulting servioes on the proposed landscaping project within the median of US 1 in, South Miami. Our project understeading, scope of services, schedule, and fee are below. PROJECT °tTNDERSTAND NG Based upon the information provided, our approach will be to obtain the most current roadway plans and base int°oamation fiom the Department of Transportation. This information will be digitally scanned to create a worldag AutoCadd drawing, From that docaatnent, ICiraaley -Hom will input the proposed landscape innprovetncnts concepts shown within the ERPB Application, sheets C -1 through C -8. The project limits are understood to be the medians within US 1 $oars Red Road to Slid Both Soact, An outline scope of services, schedule and budget estimates are as follows: ■ TeL 954 7N 2233 PAX 054 739 2247 P. 2:14 % 001 ■ Su10167 $100 N-W, UK Avenue F1, teuderdels, Flee,& 39909 1998 } ' CitlPR07EG�16 {:ifS9Q${ymJer:al.doo 6 ®P.JUL, 22..199E :T L 2: IDFI U g llC_ HARRYo ASSOC l iMley -Horn �•J ® and Associates, Inc, KIMLEY BORN NO•872 P.3/4 Mr.'rhomm K CAdion, AM, July 9,1"0, PW 2 SCOPE OF SERVICES Task 1— MeetsngwMata Collection iG mley -T orn will attend a kick -off mwiag with the City and FDOT to coordinate the anticipated improvements for the project and obtain the necessary base information within the project boundaries. The base information will be digitally reproduced and base drawings created. KHA will make one site visit aiad coordinate with the City to determine that the base information contains the most current improvements within the project corridor. Additional coordination will be made to explore the opportunities for submission, to the Florida Highway Beautiful — Beautification Grant.. Based upon the fmd*s, the City and MC HARRY ASSOCIATES may instruct KHA to prepare a Grant Application as Additional Services. Task 2 Schematic Design KHA will input the schematic design documents for the eight (8) medians as shown within the ERPB Application and make design revisiensfrecommeudations based on the following criteria: • FDOT Index $46 — Sight Distance at intersections • MOT Index 700 — Design Elements Related to Highway Safety • Plant material size and spacing to match available funding and desired level of finish, Based on the revisions and recommendations, and aftr preparing preliminary projections of project costa, KHA will meet with the City to review the documents prior to proceeding into Construction Documentation. Task 3 - ConstraeWn Documents After receiving comments from the review of the Schematic, Design package, KHA will design and prepare plans for the construction of the eight (S) medians. The landscape plan will depict landscape material location, species, quantity. size and other information as stipulated by the Department and required for permitting, In addition, KHA will prepare typical landscape planting details and specifications necessary for bidding and construction. ''ask 4 — Perinedting Based upon the final construction documents, KHA will submit the appropriate permit applications, tree removal permits and plans review applications to apply for an overall constructiola permit from the Departent. KHA will attcnd one meeting with Department staff to review the overall plans prior to submission. 0;%PrtOIECTOSOdl702�smivui,doc r , ,, CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 4, 1998 FROM: Charles D. Scurr SUBJECT: WORK UNIFORMS - City Manager PUBLIC WORKS DEP RTMENT Agenda Item # wir Commission Meeting August 4, 1998 Approval of expenditure for work uniforms (field employees) --------------------------------------------------------------------------- --------------------------------------------------------------------------- The City's contractual obligations with the bargaining unit calls for annual purchase of work uniforms (including shoes) for field employees. The attached resolution seeks approval for the disbursement of $2,769.68 to Palmetto Uniforms to cover this budgeted item. Aside from being an official contractual item, work uniforms enhance employee safety, workforce morale, as well as the City's image. Funding for this expenditure is available in the following accounts.: Balance Account No. Acct. Name prior to purchase 1710 -519 -5220 "Uniforms" $787.35 1720 -534 -5220 "Uniforms" $3,128.05 1730 -541 -5220 "Uniforms" $439.70 1750 -519 -5220 "Uniforms" $1,951.00 TOTAL AVAILABLE FUNDING: $6.306.10 Approval of this expenditure is recommended. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO DISBURSE THE SUM OF $2,769.68 PALMETTO 6 UNIFORMS FOR THE PURCHASE OF WORK UNIFORMS TO BE 7 ASSIGNED TO PUBLIC WORKS FIELD EMPLOYEES AND CHARGING 8 THE DISBURSEMENT TO ACCOUNT NUMBERS, "UNIFORMS" FOR 9 DIVISIONS: 1720 -534 -5220; 1710 -519 -5220; 1750 -519 -5220; 1730 -541 -5220 10 11 WHEREAS, the issuance of City uniforms promotes employee safety, enhances 12 workforce morale, and presents a positive image to the public, and-, 13 14 WHEREAS, the issuance of uniforms is a requirement set forth in the 15 applicable labor - management contracts, and; 16 17 WHEREAS, due to the above, the annual cost of uniforms is a budgeted item in 18 the Public Works Department, and; 19 20 WHEREAS, the vendor recommended offers the same product quality as the 21 other bidders at a slightly lower cost and is located much closer to the Department 22 complex. - 23 24 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY 25 COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: 26 Z7 Section 1. The following quotes were obtained: 28 29 Palmetto Uniforms $2,769.68 30 Jules Brothers $2,781.95 31 Martin Lamar $2,879.65 32 33 Section 2. The City Manager is hereby authorized to disburse the sum of 34 $2,769.68 to Palmetto Uniforms for the purchase of work uniforms. 35 36 Section 3. This resolution shall become effective immediately after 37 adoption hereof. 38 39 PASSED AND ADOPTED this 4th day of August, 1998 40 41 42 43 APPROVED: 44 45 46 MAYOR 47 48 1 2 3 4 5 6 7 ATTEST: 8 9 10 ii CITY CLERK 12 13 14 READ AND APPROVED AS TO FORM: 15 16 17 18 CITY ATTORNEY UNIFORM PRICE COMPRARISON DIVISIONS: PALMETTO JULES MARTIN UNIFORMS BROTHERS LAMAR SOLID WASTE 2U522} 64 Kelly Green T- Shirt; 5 Natural $410.55 $410.55 $562.35 30 Spruce Green Long Sleeve Shirts $391.05 $396.00 $332.40 14 Spruce Green Short Sleeve Shirts; 4 Khaki $208.80 $213.30 $160.20 52 Spruce Green Pants $740.48 $699.40 $676.20 SOLID WASTE TOTAL: BUILDING MAINTENANCE 1110�� 14 Kelly Green T- Shirts; 5 Natural $113.05 $113.05 $154.85 4 Spruce Green Short Sleeve Shirt $ 46.40 $ 47.40 $ 35.60 8 Spruce Green Pants $107.60 $107.60 $104.00 BUILDING MAINTENANCE TOTAL: LANDSCAPE MAINTENANCE X141,,0, , 32 Kelly Green T- Shirts; 5 Natural $220.15 $220.15 $301.55 5 Khaki Long Sleeve Shirts $ 65.25 $ 66.00 $ 55.40 4 Spruce Green Short Sleeve Shirts $ 46.40 $ 47.40 $ 35.60 20 Spruce Green Pants $293.36 $277.00 $260.00 LANDSCAPE MAINTENANCE TOTAL:. roc STREETS 173I15452U 14 Kelly Green T- Shirts $ 83.30 $ 83.30 $114.10 4 Spruce Green Short Sleeve Shirt $ 46.40 $ 47.40 $ 35.60 4 Spruce Green Pants $ 53.80 $ 53.80 $ 52.00 STREETS TOTAL: AM$ ' GRAND TOTAL: * SAVINGS DIFFERENCE OF $12.27 NOTE: Even though Jules Brother is a Dade County contract and Palmertto is located at 4990 S. W. 72 "d. Avenue is cheaper and their location I very accessible to our staff reducing traveling time. Lei �II1[6] :��i7�7� JUL-31-98 FR I 09:13 PN Palmetto Uniform*, Inc. 4990 S.W. 72nd Avenue Suite 106 Miarril, Florida 33155 Telephone 3(76/6679166 Sill To: City of South Miami Public Works 4195 SW 75 Ave Miami, FIB 33155 Sales Order 3933 -5 Customer Pao, CIT901 * ** THIS IS A REVISED SALES ORQER * ** Ship To: City of South Miami Public Works 4795 SW TS Ave Miami, FL 13155 P. 05 •• Via.:iG 06/25/96 UPS - Origin- 30 my* Pi cha e r N?i ik r fltdar. a %e ;<- :: ; I s 'er on :., :OuOHirrtJarrtb��. ... . Solid Waste 06/26/913 RC None Qif�PgE1fY' 13�denlutnb4r x Qascdpl;ui x X74 . vnk# t'rh. Airiotirai ' Re 5 4001 T -Shirt 50150 Kelly GN MD N 5.95 2915 44 4C01 T -Shirt 50/50 Kelly GN LQ N 5.95 261.80 15 4001 T -Shirt 50/50 Kelly GN XL N 5.95 89.25 5 4001 T -Shirt 50/50 Natural XL N 5.95 29.75 4 2C01A L.S. shirt Spruce GN MD N 13.05 52.20 18 I 2C01A L.S. shirt Spruce GN LG N 13.05 234.901 8 2C01A I.A. shirt Spruce GN XL N 13.05 104.401 14 ZC01A S.S. shirt Spruce GN LG N 11.80 162.40 4 2001A S.S shirt Khaki LG N 11.60 46.40 4 2CO2A Wk.pants Spruce GN 31 N 13.45 53.80 e 2COPA Wk.pants Spruce GN 32 N 13.45 107.60 4 2CO2A Wk-pants Spruce GN 33 N 13,45 53.80 12 ZCOsZA Wk.pants Spruce GN 34 �N 13.45 161.40 6 2CO2A Wk.pants Spruce GN 36 N 13.45' 107.60 8 ZCO2A Wk.pants Spruce GN 38 N 13.45 107',60 8 2CO2A Wk.panis Spruce GN 40 N 13.45 107.60 THANK YOU FOR YOUR ORDER,WE APPRECIATE YOUR BUSINESS, Nontaxable Subtotal 1710.25 Taxable Subtotal 0100 Tax. ® 6.500%% 0,00 Total Order '; gip; 6 Customer originai Page 1 JUL-31-98 FR I 09;12 PM Palmetto Uniforms, Inc. 4990 S.W. 72nd Avenue Suite 106 Miami, Florida 33155 Telephone 305 /667 -9165 Bill 7c: City of South Miami Public Works 4755 SW 75 Ave Miami, FL 33155 Sales Order 3936 -8 Gustomer No. CIT001 THIS IS A REVISED SALES ORDER ** Ship To, City of South Miami Public Works 4T95 SW 75 Ave Miami, PL 33155 P.04 Data I. ShIpcMa 1`:0`8,. s )vrns 06!25/98 UPS origin 30 Days.. 'arcitaee'Gr er'Numtii e. rd rafe:.: di? : Saiea ersola :. Landscape Maintenanc 05/25/98 RC None Bern Rl ambe> pesct� Fti n : •Tax Unit Price. Amaurii 5 4001 T -Shirt 50/50 Kelly GN WAD N 5.9'5 2975 27 4001 T -Shirt 50150 Kelly GN LG N 5.95 160.651 5 40.01 T -Shirt 50/50 Natural XL N 5.95 2975 6 2001A L.S. shirt Khaki XL N 13.05 65,25 4 2C01A S,S shirt Spruce GN WAD N 11.60 46.401 4 2CO2A Wk.pants Spruce GN 29 N 13.45 i 53.801 4 2CO2A Wk.pants Spruce GN 30 N 13.451 53.80 4 2CO2A Wk.pants Spruce GN 32 N 13.45 53.80 4 2CO2A Wk.pants Spruce GN 36 N 13.45 53.80 4 2CO2A Wk-pants Spruce GN 46 i N 15.47 I � 61.88 i THANK YOU FOR YOUR ORDERVE APPRECIATi~ YOUR BUSINESS. Nontaxable Subtotal 608.88 Taxable Subtotal 0.00 Tax 8 0.500% 0.00 Total Order 88 Customer Original Page 1 1 JUL -31 -9-S FR I 09:12 PM Palmetto Uniforms, line. 4990 S.W. 72nd Avenue Suite 106 Miami, Florlde 33155 Telephone 305/667 -9166 BTU To: City of South Miami Public Works 4795 SW 75 Ave Miami, FL 33155 Sales Order 3934-C Customer No. CIT001 *"* THIS IS A REVIM SALES ORDER Ship To: City of South Miami Public Works 4795 SW 75 Ave Miami, FL 33155 P. 03 Customer Original Page 1 F:B:: „ .:: :..::::....... %+time 08/26/98 UPS Orl In 30 !)s s purchs9e QrderNumber aH�i�r•b' lie':. +dl.+�;a ersb(� > . Qu.r.,c3rdr.i�simber Building Maintenance 06125/98 RC None Quantity stgm.Numbet . pescr� , lion Tara t;•drift Pr�Ce r4ir!aun 9 4C01 T-Shtrt 50150 Kelly GN LG N 5.95 53.55 5 4001 T -Shirt 50/50 Kelly GN XL N 5.95 29.T5 4 2C01 A S.S shirt Spruce GN XL N 11.60 46.40 5 4C01 T -Shirt 50150 Natural LG N 5.95 29,75 4 2CO2A Wk.pants Spruce GN 33 N 13.45 53.80 4 2CO2A Wk.pants Spruce GN 38 i N 1145 I I I I I 53.801 TITANIC YOU FOR YOUR ORDER.WE APPRECIATE YOUR BUSINESS. Nontaxable Subtotal 267.05 Taxable Subtotal 0.00 Tax 0 6.600% 0.00 Total Order Customer Original Page 1 JUL -31 -95 FRY 09:11 PM Palmetto Uniforrne, Inc. 4990 S.W. 72nd Avenue Suite 106 Miami, Florida 33155 Telephone 305/667 -9166 Bill To; City of South Miami Public Works 4T95 SW 75 Ave Miami, FL 33155 Sales Order 3937 -C Customer No. CIT001 THIS IS A RRVI$011) SALES ORDER Ship To: City of South Miami Public Works 4T95 SW T5 live Miami, FL 33155 P. 02 Customer Original Page 1 06/25!88 UPS Carl in 30 s !?urchei9� 0`r��r'�tilinlaer ' . '..:.• ; ; 0'.' eF.:k?�4R .. Salee ersvo Crur Ordar.Ptumber Streets 06125/98 RC None Q nti ..° lt�m.Number :.. . bescnDtion JM — . TON E�1it PCI. Ce nt. t1mPL{ , Rep, sh1p. B,'q:. 14 4001 T -Shirt 50150 Kelly GN LG N 5.95 83.30 4 2C01A S.S. shirt Spruce GIN LG N 11,60 46.40 4 2CO2A Wk.pants Spruce GIN 42 N 13.45 53.80 THANK YOU FOR YOUR ORaERME APPRECIATE YOUR BUSINESS. Nontaxable Subtotal 183.50 Taxable Subtotal 0,00 Tax ® 6.500% 0100 Total Order F77777ia Customer Original Page 1 City of South Miami PUBLIC WORKS DEPARTMENT 4 7 9 5 S. W. 75TH. AVENUE MIAMI, FLORIDA 33143 (305)663 -6350 FACSIMILE TRANSMITTAL SHEET DATE- FAX NUMBER- TO. F - /�OM TOTAL NO. OF PAGES INCLUDING COVER: 6" f9 FAX NUMBER: (305) 261-3791 IF TRANSMITTAL WAS NOT RECEIVED OR IS INCOMPLETE, PLEASE CALL (305)663-6350 CITY OF SOUTH MIAMI PUBLIC WORKS 4795 SW 75'$ AVE MIAMI, FL 33155 August 19, 1997 Jules Bros. Uniforms, Inc. 8340 Biscayne Blvd. Miami, FL 33138 FORWARDED BY FAX Attn.: Ted Braunstein There are some revisions to the requested quote that may affect the previous total, a recount has been made to assure the information. Note that we are requesting khaki shirts and pants for three persons: Desc. Length Color Logo 7 Count Gf Price Total Shirts s /sleeve spruce green w /screen logo •°34° 3 $ 11.85 $ 402.90 Shirts L /sleeve spruce green w /screen logo 13.20 554.407 Shirts s /sleeve khaki w /screen logo - .-1 -"5.. 94.80 Shirts L /sleeve khaki w /screen logo 4 13.20 52.80 a Pants spruce green 84 13.45 ' 1129.80 B f i �z Pants khaki TZ 4-3-45-V 'o 161.40 T shirts green 115 t 5.95 ^694. -2- ~ T shirts khaki 15 10 5.95 89.25 Cabs spruce green w /logo - 48- - 4:1 -5-- 199:20 TOTAL $ 3368.80 6 Thank you for your attention to this matter Bill Pratt Updated 8/20/97, 8/21/97 `' 07/30/98 13:40 Divistons of SupcdorSurpEut max-..rnc Matin'sservies Uniforms 4040 Shirley Drive, N.W. P.O. Box 43549 Atlanta, GA 303336 4041691 -7556 Mmin's Southern Uniforms –13459 Summer Avenue p.O.Box 22566 Memphis, TH 38122 SOIA54 -0152 # 305 477 2958 MARTIN'S LAMAR 44-> S MIA PUBLIC WKS a003 4 Martin's Uniforms Quotation Rrisoag8 101"n's Uniforms 2708 oxf60 a avenue P.O. Box 1509 (Zip 700631 Mertim's uniforms ' Martins Uniforms j-1 1405 State Street x3201 N. Armonk Ave. E So• Kamer. LA 70062 Houston. TX 77587 7131946 -7781 P.O. Box 11455 5041467 -7656 8 FL 33673 fvl Mordm's Lamar Uniforms VN 7230 N.W. 46th Street P.O. Box 521343 Mertfe's uniforms 3606 Fredericksburg Road F-1 Miami, FL 33152 -1343 102 Northwest center Sao Antonio. TX 78201 305103.1500 611/136.1831 AME Smith Miami BATE_ EL3R /98 DDRESS 47% 5W 75 Ave ITY _.- STATE Fl. ZIP 33143 No.Q When placing an order, or referring to this quotation, please use the quotation number shown above. )RC3 IASING (Mj3Q5- 251 3791 'E� y DIVISION HEAD PHONE 305-663-M answer to your Request No. dated and Specifications dated We are pleased to quote you the following: STYLE NO. DESCRIPTION r 1--1 ty greer4 t- ddrts. w /fit . May= r94Y , t- shirts w%, fit-, amn X -1AFT iP�CIAL INSTRUCTIONS A CITY. I PR[CE I TOTAL .7'Tei �e prices are quoted ITOa iiadd- , with terms of net 10. Delivery would take approximately 14days after receipt of order. This quotation is valid for 90 ,„ days and, if accepted by you, prices would ' lain firm thru 11/ 30/9B The above prices:- supercede al previous quotations. iTlNS -" pitted by Appmved CUSTOMER Accepted by 07/30198 13:39 0305 477 2958 0 [visions of Superior Surgical M(g.Co.,tnc Martin'sServio Uniforms 4040 Shirley 0 rote, N.W. P.O. Box 43549 Adents, GA 30336 4041691 -7556 Martin's Southern [Uniforms D 3459 Summer Avenue P.0.Box 22560 Memphis, TN 38122 9011454.0152 MARTIN ` S LAMAR S MIA PUBLIC WKS 191002 4 Martin's Unlfbr`ms Quotation R°► 188 Martin's Uniforms Martin's Uniforms ' Martin's uniforms 2708 Delaware Avenue f408Stats Street 5201 H. Armonia Aw: P.O. Box 1508 /Zip 700631 QSo• Houston. TX 77507 �P P.O. Box 7455 Kenner, LA 70062 7131946 -7783 Tampa, FL 33573 5041467.7656 2131877 -M 11 Martin's Lamar Uniforms Mardn'YUniforms 7230 R.W. 46th Street ("'r 3606 Fredericksburg Road r" i P.O. Box 521343 (,,,_,i 102 Northwest Center {,,,,.,_,[ Miami FL 33152.1343 San Antonio, TX 78x01 30515f3.1500 5121736.1831 AME Satath. Mi.ai DATE 177/30/9 DDRESS 4795 EN 75 AXPP CTY min° STATE FL ZIP 33143 *ENT- f]tVUSf{7fV HEAD No.Q When placing an order, or referring to this quotation, please use the quotation number sham above. (FM)305 -261 PHONE �¢ ansmr to your Request No. dated and Specifications dated We are pleased to quote you the fallowing. i STYLE NO. DESCRIPTION QTY. PRICE~ TOTAL d 23073 Us1, 4== dint 1 11 0$ 14_W73 I sl dirt " 0 1 1 go '96 1110- ME ERNME 'MCIAL. INSTRUC.'T1l lw hue p3a, s do not ivMh4a mlks=eEn cr edinidery 9 prices are quoted F06 Mia , with terms of 0 , Delivery would take approximately -14days after receipt of order. This quotation is valid for ---90 days arid, if accepted by you, prices would iidn firm 'ihru 11 /30/9B The above prices supersede all previous quotations. ITINS CUSTOMER rnitted by Approved by Acoepted by TITLE WNW "WOMWI CITY OF SOUTH MIAMI DATE: July 27, 1998 SUBJECT: Agenda # Commission Meeting August 4h, 1.998 Erosion of Tennis Courts At Dante Fascell Park The attached resolution seeks approval for Set USA, to receive a purchase order of $3,180.00 from account number 001-2000-572.4690, "Maintenance Repair — Tennis Facility", to resurface and reline the three (3) remaining tennis courts at Dante Fascell Park. Phase I was completed, as Set USA performed an outstanding job. Phase II will conclude this project and all six,(6) tennis courts a), Dante Fascell Park will have been brought up to the safety and aesthetic standard which is our goal. A budget transfer from account 001-2000-572.5610 ""Baseball"', into account 001- 2000-572.4690, ""Maintenance Repair-Tennis Facility" ' would leave $780.00 in this account, which would cover general maintenance until the next budget year commences in October of 1998. A drainage study and investigation • 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 • 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. Phase II Tennis Courts 98 I Resolution No. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 6 INTO A CONTRACT WITH SET USA, FOR $3,180.00 FOR PHASE II, OF THE 7 RESURFACING OF THREE (3) TENNIS COURTS AT DANTE FASCELL PARK 8 DUE TO EROSION OF THE COURTS SURFACE, CAUSING AN IMBALANCE OF 9 THE LEVEL OF THE TENNIS COURTS CREATING EXTENSIVE SURFACE 10 PROBLEMS AND SAFETY ISSUES; PROVIDING FOR DISBUSEMENT FROM 11 ACCOUNT #001- 2000 - 572.4690, "MAINTENANCE REPAIR — TENNIS FACILITY ". 12 13 14 WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires i s bids be obtained for services and or purchases of items over $1,000.00; and 16 17 WHEREAS, Dante Fascell Park Tennis Courts has developed extreme erosion 18 causing clay loss, water drainage problems and safety concerns; and 19 20 WHEREAS, a drainage study by the engineering and architectural firm of C3TS 21 concludes that work done to the tennis courts at Dante Fascell Park after Hurricane 22 Andrew was performed unsatisfactorily; and 23 24 WHEREAS, this project will aesthetically enhance the park, provide for safer 25 surroundings and prevent further erosion of the tennis courts surfaces, and allowing us to 26 be within standards of Florida League of Cities, as well as recommendations concurred 27 by the community; and 28 29 WHEREAS, Phase I was satisfactorily completed; and 30 31 WHEREAS, the resurfacing of the last three (3) tennis courts (Phase II) is ready to 32 be done and upon completion, all tennis courts will have been resurfaced. 33 34 35 36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 40 Section 1. That a purchase order be awarded to Set USA, for the amount of 41 $3,150.00, for Phase II for correcting the eroded tennis courts surfaces at Dante Fascell 42 Park. Disbursement will come out of account number 001- 2000 - 572.4590, "Maintenance 43 Repair — Tennis Facility ". 44 45 Section 2. This resolution shall take effect immediately upon approval. 46 47 PASSED AND ADOPTED this day of August, 1990 M, a ' 1 ATTEST: Microsoft Word-Tennis Courts resurface 98 Phase It I 10 To: Anna Garcia Recreation Director Re: Court Resurfacing From: Randy Boiko Tennis Pro, Dante Fascell Park Date: July 25, 1998 The court resurfacing of the three tennis courts at Dante Fascell Park have been completed. Set USA has completed the work in a timely manner and with good results. The courts are now level, which has reduced the drying time and allows the players use of the courts much sooner after it rains. The new lines have improved playability and are now lying flat which offers better footing and reduces the possibility of any injury due to the raised condition before this resurfacing. I recommend that the remaining three courts be done as soon as possible to improve the quality of the remaining courts as well as eliminating any liabilities that the City might incur due to the unevenness of the playing surface. S CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7/31/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 8/4/98 City Manager FEDERAL TRANSPORTATION BILL The attached resolution is sponsored by Mayor Robaina and urges the Federal Government to include the resurfacing of U.S. Highway 1 in South Florida as part of the $200.5 billion dollar transportation bill now pending before Congress. The portion of U.S. Highway 1 especially in the Florida Keys is in need of resurfacing. This is the only entrance and exit to the Florida Keys. U.S. Highway 1 is the only exit from the Florida Keys in case of a hurricane or other natural disaster. 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 54 55 56 57 58 59 60 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE FEDERAL GOVERNMENT TO INCLUDE THE RESURFACING OF U.S. HIGHWAY 1 IN SOUTH FLORIDA AS PART OF THE $200.5 BILLION DOLLAR TRANSPORTATION BILL NOW PENDING BEFORE CONGRESS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of South Miami is responsible for the health, safety and welfare of the city's residents; and WHEREAS, the United States government has major military and other facilities located in the Florida Keys that are accessible on the ground only by U.S. Highway 1; and WHEREAS, the Florida Keys are the home of many people as well as a major tourist attraction; and WHEREAS, U.S. Highway 1 is the only means of entering and exiting the Florida Keys; and WHEREAS, U.S. Highway 1 is the only exit from the Florida Keys in case of a hurricane or other natural disaster; and WHEREAS, the portion of U.S. Highway 1 located in South Florida and specifically in the Florida Keys is in need of being resurfaced. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City of South Miami calls upon the Federal government to include the resurfacing of U.S. Highway 1 in South Florida as part of the $200.5 Billion dollar transportation bill now pending before Congress. Section 2. The City Clerk is hereby directed to provide copies of this resolution to all members of Florida's delegation to the United States Congress. Section 3. This resolution shall become effective immediately after adoption hereof. PASSED and ADOPTED THIS 4TH DAY OF AUGUST, 1998. Attest: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Russell: Commissioner Feliu: - 00-k:�- April 8-74,1998 Frft Thant", ytx! Fir ,ing -aw ii i- t,"'t Free Press' e for A L Raw hom 'Mericaft egiolt Pr. a-A' By HARLEN BROWN Free Press Stott Writer KEY LARGO — The American Legion Post 333 rejoiced in their efforts' to find a new home in November 1996 when they put down $100,000 for a building and five lots on U.S. I at mile marker .94.5. The celebration was short lived, .however, as nearly two years later, after being denied a zoning change to allow parking next to their new home by the Monroe County Planning Commission and the Development Review Board, the group still can't occupy their new Post. Now, they find themselves going before the "Court of Last Resort. the Monroe County Boa-,d of .County Commissioners on Mq 13 in Key Largo% To be a member o the American Legion you must have served your country in the armed forces during a time of conflict. In 1976, a group of war veterans got together, and the Bicentennial Post 333 of Key '!I-i--go was chartered. After months of look- ing for a place to meet they were finally offered a room at a motel owned by Russ GuAller Sr. at 99150 Overseas Highway. Gullen charged the veterans on1v a dollar a month to rent the facility. Lzter, after Gullen passed away the rent began to increase until they got to where thty are today. nay.',o $1,000 a month plus a water bill of $200-S400 a. month. The vets presently have no lease and occupy the old Gullep building on a month-to-month basis s-.,'nc-- the present owr-.�r has put the property on the market for sale. Two years ago, the vets - °nt sear for Z l tiun. -7d found the "T'l-c Old Cotton a former cizar box factory and rnmr, recently a 1. arift store, at m-11- mU-i-- er 94�. 7hey tbought thei- were solvea. But. they Wtrt The building which covers -.%re-t- lots is zoned commercial. Thc . two lots to the north, however, are zoned residentUaL oi 3f the two says the -; Jy D;: American �,'-alon Commander Julian Carter, Auxlfiar-k Presinent and member Patty hope -r Is o.' approv't, they oan move in. home Cf tie La=- k-, Lar --an� V:-�0. Past s for Thev are seekln- rezcmin, pe' parl rfg f rew ui L...,Von (Continued from Page 3) operating, including Glander Boats, Snapper's, Ocean Resort, White Rhino Consignment Shop, Grouper Lane and Harriet's Restaurant. Julian Carter, the post commander of the American Legion, is dis- traught over the problems his orcra- nization is facing in trying to relo- Pegg 1 a+ Fr" ?mu � A 2,il'8- i d,1 998 cate to a new home. "We have been there when the country needed us, to do battle for them. We donate thousands of hours and dollars back to the community to make it a better place to live, and they treat us like second class citi- zens," Carter said. "We are not ask- ing for a hand out, we just want a place to meet, and continue to serve the community." Faye Andrews, a founding mother of the post and present auxiliary president, wanted the public to know the legion does more then just play bingo a couple nights a week, and sit around and talk about things. "We get it done, of course we don'. a, to _ ;_. *. hu ra rbe .,'s ti:.... we cid.'s��e said. each year to Boys State and Girls State, we hold anEast::r Egg hunt each year for the kids in the com- munity. We support the Coral Shores High School studens with scholars'", ips, and the athletic depart- ment with donations. We have an ernerzency fund available to single mothers with children, we work •.vith veterans in distress. Drug pre- vention and teen suicide are among the CZ.:-es to which we Pa Saidei, a 'onion auxiliary member, has been working closely with Ca rt:r and Andrews in prepar- ing the legal ground work for the appearances they have made before the DRC and the County Planning Committee. In researching the change of zon- ing for the property Seidel came up with the minutes of a BOCC meet- ing held in 1986 at which time prop - ertv owned by Realtor Claire Erb was rezoned Suburban Commercial. This property is located just west of the proposed American Legion Home at mile marker 94.5. At that time the commissioners led by then Mayor Wilhelmina Harvey passed a motion "to designate the Erb Realty property to the SC cate- gory and also to direct the planners to treat all similar properties in the ,mmediate area accordingly." Gene Flinn. former state legislator from the K--vs, expressed an interest in the plight of the American Legion, and indicated he will stand by the veterans in their quest to get the rezonin- Florida Sen. Bob Graham has also written a letter to Post Commander Caner offering his support and help if needed. "',V,-,at we really need is the sup - part of the community," said Seidel. " i ney ., ed to know w: at is hap - pening hd.e and to join us at the commission meeting on Nfay 13 at the ti° I. r ^o Library. :'.GENDA PAGE 2 .UNE 1, 1998 6. COMMUNICATIONS AND REQUESTS: (a) Report from Frank Nero from Beacon Council S 4 Swearing in Alexander E. Rolle, Jr. as Police Chief'- (c) 1998 Miami Office Depot Corporate Run — ""City Presentation (d) Presentation of a Proclamation in honor of Code Enforcement Officers' Week _ (e) Report from Main Street (f) Request from Gene Flinn to discuss the 200 Billion Dollar Transportation Bill (enc) 7. BUSINESS FROM PURCHASING DIRECTOR: (a) No Business 8. BUSINESS FROM PLANNING & ZONING BOARD: Quasi -Judicial Public Hearings - Please be advised that the following items on the Council's agenda are quasi - judicial in nature. if you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to address the Council, you may be subject to cross - examination. If you refuse to submit to cross - examination, the Council will not consider what you have said in its final deliberations. (a) Second reading of Ordinance 98- 05 -16:AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, GRANTING A REQUEST BY HOMESTEAD HOSPITAL, INC., TO REZONE PROPERTY LOCATED AT 104 -122 N.W. 12TH STREET, HOMESTEAD, FLORIDA FROM R -3 (MULTI- APARTMENT DISTRICT) TO B -1 (RESTRICTED COMMERCIAL RETAIL DISTRICT), PURSUANT TO PUBLIC HEARING APPLICATION No. 98 -08 OF THE PLANNIt p AND ZONING BOARD. (enc) (b) Second reading cf Ordinance 98- 05 -17: AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, GRANTING A REQUEST BY RACETRAC PETROLEOUM, INC., FOR A WAIVER OF PLAT AND SPECIAL USE PERMIT (HOURS OF OPERATION), FOR PROPERTY LOCATED APPROXIMATELY 398 FEET EAST OF S.W. 162ND AVENUE T Assistant to the Mayor dated June 5, 1998; 2. Copy of Proposed Agreement with Amendment.. B.) Resolution No, 98 -12; Authorizing the Execution of the Highway Landscaping Agreement Between the City of Florida City and Department of Transportation Recommended Action: Motion to Approve Resolution No. 98 -12 Exhibit 8B.) 1. Memorandum for the Executive Assistant to the Mayor dated June 5, 1998; 2. Copy of Proposed Resolution No. 98 -12 C.) Presentation by Gene Flinn Regarding U.S. 1 Resurfacing & Road Improvements Through the Current Congressional Transportation Bill Recommended Action: Presentation Only Exhibit 8C.) 1. Correspondence from Mr. Flinn dated May 27, 1998. 9. CITIZEN' S PRIVILEGE 10. ADJOURNMENT Page 2 of 2 Agenda for 1— 9. 1948 CommWon Meeting Page 30 • Free Press June 10-16,1998 ar ►-3 -, ei a � c c r_ Z M r � �b ' C�o Z �. � a� CJ'.�' � �• � iC y'1 CD O ry• p 0 tD a ' n w D r) y CD r a J,.. CAD c n <w w_ti�— an C Co - o ao tj p o a M EL y W w H 0 CL V1 .7 0 n - f7 y. y C, o ?� �ocr O v. h ., W 0 CL N fD ., A GL ► h cn o QQ' O - N n O Q r? :n n (p `l N DAV faces h uge rent increase: FAA Y__ move By SARAH GAnING Advertiser Staff Writer If the Federal Aviation Administration has-its way, the Marathon Disabled American Veterans may soon become some displac &American veter- ans. Come the, first day of October, the DAV Chapter 122 of Marathon :: may be forced to vacate the.; building they have called home for 20 years. The building, located, on the south end of the airport, is property of the FAA and was leased to the veterans' group for the token sum of $1 per year two decades ago. Jack Pettigrew, commander of the approximately 600 - member chapter, said the DAV is present- ly negotiating with FAA person- nel and the Monroe County Commission, which oversees airport operations. Concern really surfaced about 1981, said Pettigrew, when the (Tum to DAV, Page 10) 9 7T - ON It is my pleasure today to introduce to you, Gene Flinn, who uniquely postured both being a concerned Keys resident [for twelve years] and one who maintains a home, as well, in Southwest Miami. His topic of special interest to Monroe County is his plan for a federally funded highway project ... and tapping Washington for totality of the financing needed. These monies sought to be obtained are earmarked for improvement on U.S. 1. I said Miami. He's a graduate of the University of Miami where he met his wife, 'Dottie' of 40 years, and of their 3 grown children ... the 2 sons are lawyers with the daughter married to one practicing in Palm Beach County. Mr. Flinn has an impressive background, having worked for a time in law enforcement; been a former prosecutor, and former Legislator. He served for 10 years on various Metropolitan Boards [Planning, Water and Sewer, Health, Zoning Appeals, River Clean -up and Roads] which experience may well be of value to us should this Community ultimately decide to incorporate. He had asked me to mention three (3) notable achievements. One being his saving of Florida Farm Bureau from bankruptcy through attaching a rider amendment reducing its Department's reserve requirements for its acquisition by Southern Farm Bureau. The Second, with no IMF in the offing, his assisting the domestic Banks, like Barnett, to remain viable through expansion in Florida for a fair buy out by the Eastern Seaboard Banks [Chase, Chemical, etc.] through managing the Upstream Branch Banking Bill, and also his action as the floor manager for a bill he had hand drafted to bring about tort reform with respect to the State's Workers' Compensation Law. May I present our Speaker, Mr. Flinn. Return to: GENE FLINN 222 Buttonwood Lane Tavernier, Florida 33070 P E T I T I O N /a/'Oed- We, the undersignec, do Petition the Federal Aviation Commission to restore the One (1) Dollar a year lease agreement with the Marathon, Florida D.A.V., Chapter 122. NAME POST ADDRESS Excerpts from Mr. Flinn's remarks in addressing the Monroe County Commission on May 13, 1998, in Key Largo. .. The Federal funding as a reconstituted resurfacintg project for U. S. 1 to support movement of the heaviest of armored vehicles from Miami and South to Key West has become now ... in our estimation ... an absolute necessity. The 200.5 billion dollar six year transportation Bill provides requisite monies for possible use of highways by the military. The 'Feds' will spend not merely millions, but billions of dollars, to upgrade the infrastructure of the three new admittees to NATO. The last time I checked there was not one Communist adversary left in Europe. ... But our citizenry have one right at the doorstep to Monroe County. Further, there is a large naval installation in the District, and take note that with the wipe out of the Homestead Air Force Base we no longer have any air umbrella for surveillances. This rogue regime ordered the shooting down of the Brothers, to the Rescue Aircraft with its Russian built MIGS so they have more than pitchforks at hand to start a fight with. True ... we are not Poles, Hungarians, or Citizens of the Czech Republic. We are Americans ..: and pay those taxes, so we should be about asking Washington where's in the offing is our built -up protection! Our people could be biologically or atomically dead without help arriving in time on improved roads. How do we know the Iraqies ... or Iranians aren't supplying Castro with such weaponry. Remember the Cuban missile crisis of the early Sixties! Sudam Hussain ordered an attack on an unprepared Israel without giving warning, even though that democratic tiny nation was never a combatant in the Gulf War. Who do we rely on ... that is concerned with our ultimate fate. The CIA? which failed to sound the alert on the Indian's atomic explosion. That Branch of Government should drop its middle name! They pay a pittance for highway construction in the Hawaiian chain of Islands because of Pearl Harbor. I don't want to see that happening here to us merely to prove my point. This Commission together with those cities in Miami -Dade along with both Counties should prepare and submit applications for a fair share allocation of federal road monies ... and I urge all of you to work towards that end, ... and to begin immediately. Resolution of the Council of Islamorada, Village of Islands WHEREAS the Village Council ei Islamorada, Village of Islands, is responsible for the health, safety and welfare of the Village's residents; and WHEREAS the United States government has major military and other facilities located in the Florida Keys that are accessible on the ground only by U.S. Highway 1; and WHEREAS the Florida Keys are -ie home of many people as well as a major tourist attraction; and and WHEREAS U.S. Highway 1 is the only means of entering and exiting the Florida Keys; WHEREAS U.S. Highway 1 is the only exit from the Florida Keys in case of a hurricane or other natural disaster; and WHEREAS the portion of U.S. FEzhway 1 located in South Florida and specifically in the Florida Keys is in need of being resurfaced.. THEREFORE, BE IT RESOLVED: The Village Council of Islamorada. Village of Islands calls upon the Federal government to include the resurfacing of U.S. Highway 1 in South Florida as part of the $200.5 billion transportation bill now pending before Congress. 17 APPROVED AND ADOPTED by the Village Council of islamorada, Village of Islands this 9'h day of July 1998 by the following vote: Ron Levy, Mayor Yep No Frank Kulisky, Vice Mayor Yes No Kym Collins, Council Member Yes. No James Mooney, Council Member Yes No George Giesler, Council Member Yes Page 2 IMS CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 4, 1998 FROM: Charles D. Scurr RE: Agenda Item # 110 City Manager Commission Meeting, August 4, 1998 AUTHORIZATION OF CITY MANAGER TO ENTER INTO A CONTRACT WITH S.O.S. CONSTRUCTION CORP. TO PROVIDE MUNICIPAL SEWER REHABILITATION SERVICES The attached resolution seeks approval to allow the City Manager to enter into an agreement with S.O.S. Construction Corporation to provide municipal sewer rehabilitation services (cleaning, and repair if necessary) on a City -wide basis. The City's storm sewers require periodic cleaning for flood protection. In addition, the storm sewer system can require further rehabilitation to repair damage from tree roots, etc. It should also be noted that, per the Federal Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) regulations, the City is responsible for inspecting its storm sewer system for "illicit connections" such as sanitary sewer laterals (known as "combined sewers "), hazardous facility waste water discharge pipes, and/or sewage seepage into broken drainage pipes. Only a contractor capable of robotic inspections can fully satisfy such inspection requirements. This firm has been awarded a two -year sewer rehabilitation contract with the Miami -Dade Water and Sewer Department (Contract No. 653). S.O.S. Construction Corporation has provided the City with exemplary storm sewer cleaning and investigation services since 1996. Resolution No. 182 -96 -9936 (passed on 11/5/96) authorized $15,000.00 worth of storm sewer cleaning services. Even though only $7,700.00 has been "charged against" that resolution, to -date, it is the recommendation of the Finance Department that a new resolution be approved for two outstanding invoices and all future invoices. Accordingly, the attached resolution covers the two outstanding invoices, expected expenses for the remainder of fiscal year 1997/98, as well as services into fiscal year 1998/99. The total expenditure would not exceed $8, 000. 00, and the disbursement would come from Account No. 11- 1730 -541 -4640 "Stormwater Trust Fund — Maintenance and Repair of Streets and Parkways ". Of the $50, 000.00 for this account in the approved fiscal year 1997198 budget, only $2,900.00 has been spent or posted to -date (this amount includes the outstanding invoices). Attachments 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 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 S.O.S. CONSTRUCTION CORPORATION TO PROVIDE MUNICIPAL SEWER REHABILITATION SERVICES AT COST NOT TO EXCEED $8,000.00 FOR THE CURRENT FISCAL YEAR AND FISCAL YEAR 1998/99, AND CHARGING THE DISBURSEMENT TO "STORMWATER FUND MAINTENANCE AND REPAIR OF STREETS AND PARKWAYS" ACCOUNT NO. 11 -1730- 541 -4640. WHEREAS, the maintenance of municipal storm sewers and sanitary sewers is essential for flood protection and the public health; WHEREAS, the Federal Clean Water Act National Pollutant Discharge Elimination System regulations require the City to investigate storm sewers for illicit connections that can cause environmental impacts, and; WHEREAS, S.O.S. Plumbing Corporation has the equipment and expertise to perform such work, and has been awarded a sewer rehabilitation contract with the Miami -Dade Water and Sewer Department through the competitive bid process (Contract No. S -653). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into an agreement with S.O.S. Construction Corporation to provide sanitary /storm . sewer rehabilitation services and illicit connection investigations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 2. The contract with S.O.S. Construction Corporation is not to exceed $8,000.00, and shall cover the outstanding invoices from fiscal year 1997/98, and for future work in fiscal year 1998/99. Section 3. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 4' day of August, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR to, MIAnni -DARE WATER AND SEWER DEPARTMENT %UU '3'aizedo svek t, Colat G�nl « : :;, fivirm 3314e; . Te;: 305-669.3700 •Fax: 669.3 88 SERVE CONSERVE CONSER`/E January 16, 1997 NOTIFICATION OF AWARD RECOMMENDATION FOR "Countywide Two -Year Contract for Rehabilitation of Sanitary Sewers by Robotic Method, Contract No. S -653" TO ALL BIDDERS: Please be advised that the Miami -Dade Water and Sewer Department is recommending award of the subject contract to S.O.S. Construction Corporation in the amount of $1,473,225.00. Sincerely, i Alma Santiago, P.E. Chief, Procurement /Contracts AMS /JMR cc: 3.0.8. Construction Corporation Pat Murray, RUST Dennis Maddox, COADtruction Managemant !0 Blue & White Autohaus, Inc 5838 SW 68 Street South Miami, FL 33143 July 23, 1998 City of South Miami Department of Public Works 6130 Sunset Drive South Miami, FL 33143 Dear Sir /Madam: We have been notifying you of obstructed storm sewers on 68 Street for some time. The storm sewer is located on the south side of SW 68 Street, west end of Pinecrest Automotive(5818 SW 68 Street), and just east of our location. (The one on the north side is also obstructed, but the water does not rise to cover the sidewalk.) The drains are so clogged with debris that they are unable to handle rainfall, allowing the water level to rise covering the sidewalk, making pedestrian transit hazardous. We have had passersby, as well as customers, slip on the "muck" that builds up on the sidewalk and street (the sidewalk ends right where the drain is.) Our insurance company has requested that we notify you in writing regarding this continuing hazardous condition. It has been over three months since we first advised you of the situation. We have received numerous promises of corrective action, but to date it remains unresolved. Kindly be governed accordingly, Marta Perez cc: Filer Insurance CITY OF SOUTH MIAMI ® INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: July 29, 1998 Agenda Item # From: Mr. Charles Scurr Re: Comm. Mtg. 08/04/98 City Manager Furniture The attached resolution authorizes expenditure to Ira Shapiro & Co. in the amount of $4,019.00 and Corp. Design by Hertz furniture systems in the amount of $4,412.00 for the purchase of office furniture and chairs for city hall's common areas. The city's conference room, lobby and mayor and city commissioners office have been identified as part of the "common areas" that are frequently visited by constituents and the business community. These areas are in need of chairs and furniture. Sixteen traditional chairs have been selected for the lobby area and conference room. The mayor and commissioners office will have four guest chairs and one high back swivel chair. Corporate Design by Hertz was found to be the lowest quote among other vendors for similar chairs. Mahogany furniture in the mayor and city commissioners' office is customized to be functional, warm, and friendly. The city conference table will be round and will seat eight. Ira Shapiro & Co., a Dade County bid holder will be building the furniture. The City will not be purchasing any furniture for any departmental offices within city hall during this fiscal year. Funds for this expense will be disbursed from account #001 - 1100 -511 -6420, city commission /office equipment. This will use all remaining funds in the account. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FURNITURE AND CHAIRS FOR CITY HALL'S COMMON AREAS FOR THE CITY OF SOUTH MIAMI; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $4,019.00 TO IRA SHAPIRO & CO. AND THE SUM NOT TO EXCEED $4,412.00 TO CORPORATE DESIGN BY HERTZ; EXPENDITURE TO BE DISBURSED FROM ACCOUNT NO. 01- 1100 -511 -6420 [OFFICE EQUIPMENT] WHEREAS, the Mayor and City Commission desires to purchase Furniture and chairs for some of the City Hall's common areas; and WHEREAS, Such common areas [e.g. lobby, conference room and Mayor & Commission office] have been identified as those areas that are frequently visited by constituents and the business community; and WHEREAS, Custom made furniture for the Mayor and City commission's office and a round conference table for the conference room will be created by Ira Shapiro & Co., under Dade County Bid #1072- 8 -31 -98 in an amount not to exceed $4,019.00; and WHEREAS, Traditional chairs for the city's conference room, lobby area and Mayor and Commission's office will be purchased from the lowest quote obtained from Corporate Design by Hertz Furniture System in an amount not to exceed $4,412.00. 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 purchase furniture from Ira Shapiro & Co. in an amount not to exceed $4,019.00 and to purchase chairs from Corporate Design by Hertz Furniture System in the amount of $4,412.00. Section 2. The City Manager disburse funds for these purchases from 6420, titled [Office Furniture]. is hereby authorized to m Account No. 01- 1100 -511- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of August, 1998. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Ira Shapiro & Co. 1083 E. 24th. Street Hialeah FL 33013 Estimate Number E1489R Date 07/27/98 Bill To: Ship To: City of South Miami Mayors Office 6130 Sunset Drive South Miami FL 33143 i Reu, st P.O.Number Terms Sales Rep Sales Territory Code 1 %10/ Net 30 Ray Shapiro Quantity Description Unit Price Amount 1 Peninsula Desk: 36" X 84" w/ 21" X 54" return - C/D - 1,140.00 1,140.00 KB pullout -- - 1 Credenza 142" X 21" X 29 "h: 5 # 719 /3 Ped (b/b/f) w/ 2,300.00 2,300.00 locks - Bal SCD 1 Coffee Bar as per drawing 58" X 24" X 40 "h 1,300.00 1,300.00 1 Hinged Door Credenza 67" X 21 "d X 29 "h 680.00 680.00 1 Hutch for Credenza 66" X 62 "h X 12 "d 918.00 918.00 Metro/Dade Furniture Contract 1072 -1/95 Discount 50% - 3,169.00 - 3,169.00 Laminate to be selected Laminate w/ Matching " Clarus" molding Thank You For Your Business TOTAL 53,169.00 a �g8; €�;� �.. r r �� N !� _. a,, Ira Shapiro 8t Co. 1083 E. 24th. Street Hialeah FL 33013 Estimate Number E147IR Date 07/27/98 Ship To: Bill To: City of South Miami City Hall 6130 Sunset Drive Conference Room South Miami FL 33143 'kBUISED P.O.Number Terms Sales Rep Sales Territory Code 1 %10/ Net 30 Ray Shapiro Quantity Description Unit Price Amount 1 Round Conference Table: 60" Dia. X 29 "h w/ Wood Edge 1,700.00 1,700.00 Laminate w/ Matching " Clarus" molding -- Metm/Dade Furniture Contract 1072 -1/95 Discount 5001. 850.00 - 850.00 Thank You For Your Business 1#2 11 y %` lr r M 0 3� 1 M .,3 of:T-n Le- td= f `n �M i Ira Shapiro & Co. Telephone (305) 8356616 Fax (305) 8350561 1083 E. lath. Street Hialeah Florida 33013 Just the Fax 2 DATE: -1 - FROM: RAY SHAPIRO / BEEPER: 876 -5620 TOTAL. NUMBER OF PAGES INCLUDING COVER SHEET: ATTENTION: Fr.4�� - - FAX: BUSINESS NAME: RE: ` SPECIAL INSTRUCTIONS: o �Na £' COWIDESNTIALITY NOTICE THIS FAX TRANSMISSION MAY CONTAIN CONFIDENTIAL i•40FRIETARY INFORMATION BELONGING TO THE SENDER. IT IS ONLY INTENDED FOR THE USE OF THE INDIVIDUAL(S) LISTED ABOVE. TAKING ANY ACTION IN RELAYING OF THE CONTENTS OF TWiS FAX IS STRICTLY PRC HRUT9121: PLEASE NOTIFY SOMEONE FROM THIS OFFICE IMMEDIATELY IF YOU NAVE RECUnD THIS FAX IN ERROR. 10 'd i9S0- SE8 -SO£ -I •07 +g o-+I dQNS R-{I W00 =0T 86- 6Z —unp 06/39.'98 10:03 0305 173 1087 (.:SA PRt1:C.R£�tF.YT �i0U1 METROPOLITAN -DADE COUNTY, FLORiLIA mire Sl EPIICN* P, CLARK CENTER OCHNNAL GIFMCU ApimhlsrRAT1ON PROCUREMINT VANAO&I!NT 0ARS ON SURE 75.10' w M.W. urSTAFFT WAW FLOPIDA 331@613:9 June 6, 1998 ('306)V%.j'2WW TO ALL SUCCESSFUL BIDDERS (OiRtwihution List Below) RE: EXTENSION OF BJU NO. 1072 - 1/97 -1 - Furniture (Ottice_ and Non- Office) Dear Vendor: This letter will servo as notification that Metropolitan Dade County will be exercising its right to automatically extend its contract with your firm for a maximum period not to exceed ninety (90) calendar days as stipulated in the General Terms and Conditions of Section 1.6. The new contract period will extend through August 31,- 1998, Ail Terms and Conditions of the original contract will remain in effect. We advise you not to honor purchase orders which extend beyond the dollar limits of the original purchase order(s) until the Purchasing Agent provides such authorization tc you in the form of a change order, The new expiration date and dollar limits will be reflected in this change order. Thank you for your cooperation. Please advise if we may be of assistance at any time during the period of this contract. r Sincerely, METROPOLITAN UAUE COUNTY dga nniss, CPPB Senior Procurement Agent GSA Procurement Management Division EI/ abw Qistrit�utian List: Office Connections,Inc. Pradere Manufacturing Co. Global Industries South, Inc. 2NSU Corporate Express of the South, Inc _ Allsteel Tnc. Office Systens of Florida, Inc. Transwall Corp, Buy -Rite Office Furniture Inc. SECO Supplies, Inc. ZO'd i9SQ- 5£8 -90E -Z '00 2 O.ALdeyS W-x7 `d00.01 86- 6Z -unC 06".19 98 10: 04 ITM 375 1083 GSA PROCUREMENT 2002 0fstribution List: Camilo Office Furniture, Inc. J.C, White Office Furniture Co. Haskell of Pittsburgh, Inc. Hickory Leather Co., Inc. Uttice Dimensions, Inc. McLemore Interiors Rota Chair LTD. Buckstaff Company Professional Filing Systems Inc. R. George & Associates, Inc. IRA Shapiro & Co. Tap Products Company Grammer, inc. M_ Hanfoh & CU_ , T,rt. Team Furniture i,ndustrias, Inc. J.A. Sales Associates, Inc, Desk Concepts, Inc.- -- GF Office Furniture, LTD.`L.P. 5auder ManufACturing Co. Capital Furniture bistributing Co., Inc. Goldman Design Group, fnc. Office Pavilion Knoll North America, Inc. Dolan Enterprises Inc. E & K Marketing Group, Inca Thomas W, Ruff Company of Florida Robert W: Marcus, Inc, p.ii.T.b.fi.. of Florida. Knoll, Inc, Corporaee'Design Cheice, Inc. Furniture & Design Resources_, Inc. Hickory Leather Co., Inc. cc: Bid File £O'd i950- 5£8 -50E -i -07 2 O.ALdwgs e-AI V00 =01 86- 62-unc Conference Furniture Designed Exclusively for HERTZ! BPI -5672 TABLE $298 WS -371 CHAIR 1177 CONTEMPORARY CONFERENCE HI-TECH CONFERENCE CHAIRS IN -STYLE UNDER BUDGET! --- — FROM WORKSPACE BPI tables are built for the way you do business. Ergonomic, attractive These beautitful Workspace chairs feature a Lana Wool and versatile, they're designed to make any conference go faster, Fabric. loop arms and pneumatic height are standard!. easier and smoother. Table tops are full one -inch commercial grade. FABRICS: Green, Mulberry, Slate Gray, Blue, Onyx or Teal. LAMINATES: Med. Oak, Natural Pear, Gray Nebula, Dove. BASE: Black only. Model Product Retail HERTZ MODEL WS-371 i Conference Chair / Retail $269; HERTZ $177 BPI -5672 36'x 72' Table $599 $298 BPI -4284 42' x 84' Table 649 323 BPI -4296 42'x 96' Table 699 347 Green Mulberry Slate Gray Medium Oak Natural Pear Gray.Nebula Dove Blue Onyx Ted CORPORATE DESIGNS by HERTZ FURNITURE SYSTEMS BULK RATE U.S. POSTAGE E55 Midland Avenue, Paramus N107652 PAID creditwonhy companies), Hertz Furniture • ' Systems Corp. �WEAR Please ask.for SWATCH J CAR Ds TXXXXXXXXXX AUTO 5— DIGIT 33143 • , H -001 for any P0034 ACCOUNTS PAYABLE. • �� furniture you • CITY OF SOUTH MIAMI considering V130 SUNSET DR SOUTH MIAMI FL 33143 -50 93 CAT #558-BB �ullu, l�, u, Ilrl, ti,, Ilu�,�,�lu,l,lnu��ur��,�lnn�lu� �' 2 2 z 2f A N I MONTICELLO COLLECTION MON -72 Executive Double Pedestal Desk Size 72 "W x 36 "D x 29 "H " Weight 365 lbs. Retail $2355 HERTZ $1345 MON -90L Executive "L" Shape Desk Desk Size 60 "W x 30 "D x 29 "H Return 45 "W x 30 "D ,..;: PLEASE SPECIFY RIG-+IT OR LEFT RETURN Weight 400 lbs Retail $3043 ' Hertz $1739 MON -66 Computer Credenza with Adjustable Keyboard Shelf Size 66 "W x 20'D x 29"H Weight 245 lbs. Retail $2280 HERTZ $1389 MON -64 Overhead Storage Unit Size 64'A "W x 1Th "D x 43Y, 'H Weight 185 lbs. Retail $1876 HERTZ $1070 MON -972 ' Table Desk Size 66 "W x 20 "D x 30 "H; Weight 135 lbs Retail $1420 HERTZ $809 MON-48 , Computer Printer Stand Size 48 "W x 24 "0 x 26Y, "H Weight 145 lbs. Retail $1196 HERTZ $689 MON -37 Lateral File w/2 Drawers Size 378 "W x 20 "D x 29 "H Weight 185 lbs. Retail $1377 HERTZ $795 EXCEL TRADITIONAL SEATING features quality hardwood frames that are doweled and glued for strength. No staples are used to hold the frames together. Springs in the seats to prevent sagging. Individual brass nails, NOT nail strips, are used for the upholstery. The bases are five prong with a steel understructure for added strength and sab�rMahoany FRAME: Walnut o GRADE 2 VINYLS: Burgundy, Dark Blue, Antiq Blue or Brown. f LEATHERS: Black or Oxblood. EXL -3149 Tufted Guest Chair 29 "Wx26 "Dx34 "H Retail $505; HERTZ $260 IN LEATHER Retail $1166; HERTZ $659 Brown LEATHER EXL -360 Hi Back Tufted Tilt Swivel 27" W x 31h "D x 50h Retail $825; HERTZ $389 IN LEATHER— Retail $1554 HERTZ $879 Oxblood MON -66D WOOD FRAMES Executive Credenza . -w with Hinged Doors "W "H Size 72 x 20"D x 29 Weight 290 lbs. Retail $2138 Mahogany HERTZ $1219 MON -66 Computer Credenza with Adjustable Keyboard Shelf Size 66 "W x 20'D x 29"H Weight 245 lbs. Retail $2280 HERTZ $1389 MON -64 Overhead Storage Unit Size 64'A "W x 1Th "D x 43Y, 'H Weight 185 lbs. Retail $1876 HERTZ $1070 MON -972 ' Table Desk Size 66 "W x 20 "D x 30 "H; Weight 135 lbs Retail $1420 HERTZ $809 MON-48 , Computer Printer Stand Size 48 "W x 24 "0 x 26Y, "H Weight 145 lbs. Retail $1196 HERTZ $689 MON -37 Lateral File w/2 Drawers Size 378 "W x 20 "D x 29 "H Weight 185 lbs. Retail $1377 HERTZ $795 EXCEL TRADITIONAL SEATING features quality hardwood frames that are doweled and glued for strength. No staples are used to hold the frames together. Springs in the seats to prevent sagging. Individual brass nails, NOT nail strips, are used for the upholstery. The bases are five prong with a steel understructure for added strength and sab�rMahoany FRAME: Walnut o GRADE 2 VINYLS: Burgundy, Dark Blue, Antiq Blue or Brown. f LEATHERS: Black or Oxblood. EXL -3149 Tufted Guest Chair 29 "Wx26 "Dx34 "H Retail $505; HERTZ $260 IN LEATHER Retail $1166; HERTZ $659 Brown LEATHER EXL -360 Hi Back Tufted Tilt Swivel 27" W x 31h "D x 50h Retail $825; HERTZ $389 IN LEATHER— Retail $1554 HERTZ $879 Oxblood EXL -3198 WOOD FRAMES Tufted Executive Chair 28h "W x 31 "D x 38{ "H Retail $460 Mahogany HERTZ $239 IN LEATHER Retail $1098 HERTZ $598 n� 4 GOVERNOR COLLECTION GOV -7350 Reception Desk with Retul. A Privacy Panel (see photo) PLEASE SPECIFY RIGHT OR LEFT RETURN Size Desk 66 "W x 30 "D x 30 "H; ® Return 48 "W x 24 "D x 30 "H; Privacy Panel 66 "W x 12 "D x 14 "H; 48 "W x 1 "D x 14 "H Weight 461 lbs. Retail $2486 HERTZ $1310 GOV -36 Double Pedestal Desk .> Size 72""W x 36 "H x 30 "H « Weight 292 lbs. Retail $1222 HERTZ $649 GOV -30 Double Pedestal Desk 60 "W x 30 "D x 30 "H Weight 248 lbs. Retail $1194 HERTZ $619 GOV-480 L -Shape Desk; Size 66 "W x 30 "H with 43" W x 24 "D x 27 "H Return . PLEASE SPECIFY RIGHT OR LEFT RETURN " Weight 343 lbs. Retail $1833 HERTZ $989 GOV -20 Executive Credenza Size 66 "W x 20 "D x 30 "H; Weight 193 lbs. Retail $1181 HERTZ $619 .Wv -21 Computer Credenza Size 66 "W x 30 "D x 30 "H; Weight 191 lbs. .Retail $1181 HERTZ $619 wv-" Hutch w/2 Adi/1 Stationary Shelf Size 60 "W x 14 "D x 44 "H Weight 142 lbs. Retail $556 HERTZ $300 GOV -15 Lateral File w/Two Locking Drawers Size 32 "W x 19 "D x 30 "H Weight 115 lbs Retail $736 HERTZ $390 EXCEL TRADITIONAL SEATING features quality• hardwood frames that are doweled and glued for strength. No staples are used to hold the frames together. Springs in the seats to prevent sagging. Individual brass nails, NOT nail strips, are used for upholstery. The bases are five prong with a steel understructure for added sire grt th and stability. _ Burgundy EXL -3154 High Back Chair with Tufted Seat & Back X26 "W x 30"D x 43 "H Retail $691; HERTZ $390 Dark Blue IN LEATHER — my, Retail $1178; HERTZ $669 EXL -354 Antique Blue 1439 Oxblood WOOD FRAMES 24 "W x 23 "D x 30 "H Retail $269; HERTZ $149 IN LEATHER — Retail $633; HERTZ $359 XL -33000 Guest Chair with Casters Retail $330; HERTZ $189 LEATHER — Retail $734; HERTZ $419 Dimensions 26 "W x 30 "D x 41 -43 "H Retail $856; HERTZ $439 IN LEATHER— Retail $1343; HERTZ $759 0 p Nffw� W,Wwlgmms f I M H E Z CORP. F!h'3Dl3'&a E.56 MoLAND AVE., PAaAmus NJ 07652 1, TEL 201/067-7$00; FAX 201/967-0026 • OPUR-BY-FAX TOLL•Fm $00 -842-9290 # SALES TOLL-FrIEF 81010-626-A077 I To _ �'.. ....... . ...... . ..... ......... ................... ........ ........ . ... ...... . . .. 35 1--q rx�o (3 OX) 6 4-7-7 DATE Z ZZmol QUOTA.TION ? f ,Z-f . ............... —.- .. ......... 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EDUCATIONAL GINSTITUTIONAL • CommErycIAL • FURNITURE &EQUIPMENT TO 39Vd 3anivTdn3 Zia3H 9066T9COO6T TZ:TT 666T/Z0/-?O �— CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: July 30, 1998 Agenda Item # 144 From: Charles D. Scurr' Re: Comm. Mtg. 08/04/98 City Manager Community Connections Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PRESERVATION OF THE ORAL HISTORY OF THE CITY OF SOUTH MIAMI THROUGH THE "COMMUNITY CONNECTIONS PROGRAM;" AUTHORIZING THE CITY ADMINISTRATION, ON BEHALF OF THE HISTORIC PRESERVATION BOARD, TO DISBURSE A SUM NOT TO EXCEED $ 2,500 FOR PAYMENT TO DR. GREGORY BUSH FOR SERVICES RELATED TO SAID PROGRAM; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001 - 1100 - 511.9910, WHICH IS ENTITLED "SPECIAL EVENTS - CONTRIBUTIONS;" AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The Historic Preservation Board (HPB) is charged with various powers and duties relating to historic preservation, including: ... [T]o improve and expand the Metro -Dade County Historic Survey with additional sites, information, oral histories and any other material as may be available... On September 19, 1997, the City Commission adopted the final budget for fiscal year 1997- 1998, and it included account number 001 - 1100 - 511.9910, entitled "Special Events — Contributions," which had a total balance of $48,300, of which $5,000 was allocated to the Historic Preservation Board in order to further the Board's efforts to preserve the historical resources of the City of South Miami. On July 27, 1998, Dr. Gregory Bush of the University of Miami presented the HPB with the Community Connections Program for South Miami, a program designed to "deepen South Miamian's understanding of their local history" predominantly through the preservation of oral histories. The presentation included a scope of work and price estimate. Following the presentation, the HPB voted 5:0 to recommend that the City participate in a modified Community Connections Program, which would involve a cost not to exceed $2,500 and is more fully explained by the attachment entitled "Community Connections Program of South Miami." Community Connections Program — Resolution: August 4, 1998 To date, the HPB has spent $213.26 of the $5,000 budgeted to Board as part of account no. 001- 1100- 511.9910. Therefore, if the expenditure is approved, the balance of the HPB's portion of account no. 001 - 1100 - 511.9910 would be $2,286.74. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption "Community Connections Program of South Miami," dated July 29, 1998 Correspondence dated July 30, 1998, from Dr. Greg Bush to Susan Redding, regarding CCPSM Community Connections Program — Resolution: August 4, 1998 /Z 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PRESERVATION OF THE ORAL HISTORY OF THE CITY OF SOUTH MIAMI THROUGH THE "COMMUNITY CONNECTIONS PROGRAM;" AUTHORIZING THE CITY ADMINISTRATION, ON BEHALF OF THE HISTORIC PRESERVATION BOARD, TO DISBURSE A SUM NOT TO EXCEED $ 2,500 FOR PAYMENT TO DR. GREGORY BUSH FOR SERVICES RELATED TO SAID PROGRAM; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001 - 1100 - 511.9910, WHICH IS EN'T'ITLED "SPECIAL EVENTS- CONTRIBUTIONS;" AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board is charged with various powers and duties relating to historic preservation, including: ...[T]o improve and expand the Metro -Dade County Historic Survey with additional sites, information, oral histories and any other material as may be available..., and, WHEREAS, the City of South Miami Final Adopted Budget for Fiscal Year 1997 -1998 included account number 01- 1100 - 511.9910, entitled "Special Events— Contributions," having a total balance of $48,300, of which $5,000 was allocated to the Historic Preservation Board in order to further the Board's efforts to preserve the historical resources of the City of South Miami; and, WHEREAS, on May 9, 1998, Dr. Gregory Bush submitted to Ms. Susan Redding, a member of the Historic Preservation Board, a scope of work, including cost estimate, for the "Community Connections Program," which described the project's products including the preservation of ten oral histories; and, WHEREAS, on July 27, 1998, Dr. Gregory Bush personally presented the Community Connections Program proposal for the City of South Miami to the Historic Preservation Board, and the Historic Preservation Board voted 5:0 to recommend approval of the City's participation in a modified Community Connections Program, which would cost an amount not to exceed $2,500; and, Community Connections Program - Resolution: August 4, 1998 %L 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 WHEREAS, to date, the Historic Preservation Board has spent a total of $213.26 of the $5,000 allocated to the Board from Account Number 01.1100- 511.9910, resulting in an available balance of $4,786.74; and, WHEREAS, the Mayor and City Commission wish to accept the recommendation of the Historic Preservation Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Administration is hereby authorized to disburse payment to Gregory W. Bush of the University of Miami History Department, in an amount not to exceed $2,500, for services related to the Community Connections Program of South Miami, as outlined in Exhibit I. Section 2. This disbursement shall be charged to Account Number 001- 1100 - 511.9910, entitled "Special Events — Contributions." Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 4th day of August, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice -Mayor Oliveros: Commissioner Feliu: Commissioner Russell: Commissioner Bethel: c:/ ... / Budget / HPB Community Connections Program - Resolution: August 4, 1998 /2 - - - fl 4A ory b - us h 305- 667 -9080 P.02 gr'eg Community Connections Program of South Miami July 29, 1998 Submitted by: Gregory W. Bush, History Department, University of Miami This project is designed to deepen South Miamian's understanding of their local history and help promote a sense of place. Ten oral interviews will be completed and a selection of documents pertaining to the history of the city will be gathered. While many of the interviews will be taped on audio equipment, the budget calls for a few to be shot on videotape that can be edited and aired on local cable television stations. Overall, these documents will enhance appreciation of the diversity of human experiences in South Miami. They can be used in local classrooms, public presentations, television programs, a web site, and, eventually, through one or more pamphlets. This can become a model to help build community awareness. Themes to be explored will include the following 1. political culture 2. economic development 3. neighborhood and interethniclinterracial relations 4. evolution of public spaces (parks, schools, roadways) `lbe Project Director, Dr. Gregory Bush, is Director of the Institute for Public History at the University of Miami and co- author, with Arva Moore Parks McCabe, of a widely used documentary reader on South Florida, Miami: The American Crossroad, In 1997, the book won the Florida Historical Society's Charlton Tebeau Prize in History. The chief interviewer wiUbe Graham Andrew, a graduate student in history at UM, teacher at Miami Country Day School and area resident. Shannon Curran, a UM graduate student, will do the transcription. Project Products: 10 Interviews 10 transcriptions Budget $1,000 for background research, preparation, and completion of test interviews. $20 per hour. Each interview to run from 24 hours. •$800 for transcription of the ten interviews. About 8 hours for each interview at $10 per hour. -$200 for materials (audio and video tapes, xerox) -$250 editing materials for later use in pamphlets. No publication costs are included. 4250 video camera person for 3 -5 interviews. Note: No administrative costs are attached to this budget. Thus this program should be administered directly by the Historic Preservation Board or by the City of South Miami through procedures to be determined. Additional funding for further interviews, editing and web site development will he sought in the next fiscal year. 305-667-9080 P . t71 jul- 29 -91_i 06:03A gregory bush UNIVERSM(N. OP Ms. Sunn Redding Historic Preservation Board of South Miami Fax: 30S -667 -2499 July 30, 1998 Dear Susan: Attached is a copy of my proposal As 1 mentioned on the phone, the cutback in the budget makes this a difficult project to do well. Without having a pamphlet or website, the material will not be very accessible. The costs projected by the earlier historian were totaUy unrealistic and did not consider transcription or other uses of the material. Aa Project Director, I will not be getting any compensation for my time. As I mention at the bottom of my proposal, I cannot, under these circumstances, take on the administrative responsibility of running this through the University of Miami- which can be very time consuming. 1 will oversee quality control and overall choice of subjects, in consultation with you and others, and organization of the labor involved. I will be picking my daughter up in Virginia this weekend and do not know whether I will return by Tuesday evening. I will mention this meeting to Mr. Graham Andrew, who may be able to come in my place. Hest wishes Greg Bus hl Dieector Dcp2rtment of History Institute for Public History P.O. Box 248107 C.omi G2bles, Florid2 33124 (305) 284.3660 itbushOumtaml.tr miami.ettu — v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission f Date: July 31, 1998 Agenda Item # 13 From: Charles D. Scurr Re: Comm. Mtg. 08/04/98 City Manager Plan Amendment Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 98 -IER TO THE ADOPTED COMPREHENSIVE PLAN, IN ORDER TO ADOPT THE INTERIM POLICIES REQUIRED PURSUANT TO THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RE- NUMBERING AND /OR COMBINATION OF PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On August 19, 1997, the City Commission of the City of South Miami adopted a package of 16- EAR Based Amendments to the City's Comprehensive Plan in order to implement recommendations contained in the 1995 Evaluation and Appraisal Report [EAR]. On October 7, 1997, the City received a letter from the Florida Department of Community Affairs [DCA] regarding its Statement of Intent and Notice of Intent to find the City's amendment package not in compliance with State standards. Pursuant to State law, DCA forwarded the Notice of Intent and Statement of Intent to the Division of Administrative Hearings of the Florida Department of Management Services for scheduling of an administrative hearing. The administrative hearing process led the City and DCA to fashion a proposed stipulated settlement agreement, which included remedial amendment language, that if adopted and implemented would allow the City's amendments to be found in compliance. On April 21, 1998, the City Commission adopted Resolution No. 109 -98- 10376, which approved a final stipulated settlement agreement between the City and DCA. The proposed remedial amendment language identified by the stipulated settlement agreement must now be adopted as part of the City of South Miami's Comprehensive Plan. Therefore, the remedial amendment language has been fashioned into a proposed Comprehensive Plan Amendment known as Remedial Amendment Package 98 -1ER, which must be adopted by ordinance. The proposed remedial amendment language would affect the Transportation City Manager's Report: Amendment 98 -IER Element, Future Land Use Element, and Housing Element. Specifically, additional policies have been proposed for the Transportation and Housing Elements, which require further technical analyses, and additional descriptions have been proposed for the Mixed -Use Commercial/Residential (Four - Story) land use category. On July 14, 1998, the Planning Board voted 5:0 to recommend approval of the remedial amendment package. On July 21, 1998, the City Commission voted 5:0 to recommend approval of the first reading. RECOMMENDATION: Approval. Attachments: Ordinance for first reading Remedial Amendment Package 98 -IER Stipulated Settlement Agreement Excerpt of draft summary minutes from PB meeting of 7/14/98 City Manager's Report: Amendment 98 -IER 2 I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 98 -1ER TO THE 6 ADOPTED COMPREHENSIVE PLAN, IN ORDER TO ADOPT THE INTERIM 7 POLICIES REQUIRED PURSUANT TO THE STIPULATED SETTLEMENT 8 AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE FLORIDA 9 DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RE- NUMBERING 10 AND /OR COMBINATION OF PARTS OF THIS ORDINANCE WITH OTHER 11 SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI 12 COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING 13 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 17 WHEREAS, on August 19, 1997, the City Commission voted to adopt 18 Ordinance No. 20 -97 -1641, regarding City's Amendment 96 -2ER (a.k.a. 19 DCA No. 97 -1ER) to the adopted Comprehensive Plan, which implements 20 recommendations contained in the City's adopted 1995 Evaluation and 21 Appraisal Report [EAR] ; and, 22 23 WHEREAS, on October 7, 1997, the City received a letter from the 24 Florida Department of Community Affairs [DCA] regarding their 25 Statement of Intent and Notice of Intent to find the City's amendment 26 package not in compliance with State standards; and, 27 28 WHEREAS, DCA's findings are based on the following three issues: 29 (1) the analyses and data in the Transportation Element, (2) 30 thresholds for construction of retail, office and residential uses in 31 the Mixed -Use Commercial /Residential areas, and (3) a target date for 32 construction of affordable housing units in the Housing Element; and, 33 34 WHEREAS, on February 17, 1998, the City Commission adopted 35 Resolution No. 39 -98- 10306, which set forth language developed by the 36 City Attorney's Office in conjunction with DCA, relating to a 37 proposed stipulated settlement agreement and remedial amendment that 38 would allow DCA to find the City's amendments in compliance; and, 39 40 WHEREAS, on April 21, 1998, the City Commission adopted 41 Resolution No. 109 -98- 10376, approving a final stipulated settlement 42 agreement between the City and DCA, which included proposed remedial 43 amendment language to be adopted to the City's Comprehensive Plan; 44 and, 45 46 WHEREAS, on July 14, 1998, after Public Hearing regarding the 47 proposed Amendment 98 -1ER to the Comprehensive Plan, the Planning 2' Reading of 98-1 ER August 4, 1998 13 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 Board, acting in its capacity as the Local Planning Agency, voted 5:0 to recommend approval of the amendment; and, WHEREAS, the City Commission desires to accept the recommendations of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Amendment 98 -1ER, which is attached hereto, is hereby approved and adopted. Section 2. Any sections or parts of sections of this ordinance may be renumbered and /or combined with other sections or parts of sections of the South Miami Comprehensive Plan and any amendments thereto, as is necessary to ensure the continuity and consistency within and between the various elements of the South Miami Comprehensive Plan. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not effect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect in accordance with the provisions set forth in Florida Statutes. PASSED AND ADOPTED this 4th day of August, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 "d Reading of 98 -IER August 4, 1998 APPROVED: MAYOR c:/ ... / Remedial Amendment - Ord.doc 0 0 CITY OF SOUTH MIAMI REMEDIAL AMENDMENT PACKAGE 98 -ER Prepared by the Planning & Zoning Department July 1998 TABLE OF CONTENTS Introduction i L Amendment to the Transportation Element I II. Amendment to the Future Land Use Element 6 III. Amendment to the Housing Element 10 1i INTRODUCTION On August 19, 1997, the City Commission of the City of South Miami adopted a package of 16- EAR Based Amendments to the City's Comprehensive Plan in order to implement recommendations contained in the 1995 Evaluation and Appraisal Report [EAR]. On October 7, 1997, the City received a letter from the Florida Department of Community Affairs [DCA] regarding its Statement of Intent and Notice of Intent to find the City's amendment package not in compliance with State standards. Pursuant to State law, DCA forwarded the Notice of Intent and Statement of Intent to the Division of Administrative Hearings of the Florida Department of Management Services for scheduling of an administrative hearing. The administrative hearing process led the City and DCA to fashion a proposed stipulated settlement agreement, which included remedial amendment language, that if adopted and implemented would allow the City's amendments to be found in compliance. On April 21, 1998, the City Commission adopted Resolution No. 109 -98- 10376, which approved a final stipulated settlement agreement between the City and DCA. The proposed remedial amendment language identified by the stipulated settlement agreement must now be adopted as part of the City of South Miami's Comprehensive Plan. Therefore, the remedial amendment language has been fashioned into a proposed Comprehensive Plan Amendment known as Remedial Amendment Package 98 -1ER, which must be adopted by ordinance. The proposed remedial amendment language would affect the Transportation Element, Future Land Use Element, and Housing Element. Specifically, additional policies have been proposed for the Transportation and Housing Elements, which require further technical analyses, and additional descriptions have been proposed for the Mixed -Use Commercial/Residential (Four -Story) land use category. On July 14, 1 -998, the Planning Board, serving in its capacity as Local Planning Agency, voted 5:0 to recommend approval of the remedial amendment package. This Remedial Amendment Package includes the proposed amendment language, which is underlined, as well as the entire relevant section of the subject Comprehensive Plan Element, in order to provide the reader adequate context. /,3 I. AMENDMENT TO THE TRANSPORTATION ELEMENT TRANSPORTATION ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 1 To maintain an overall transportation system which does not adversely affect residential neighborhoods but which provides for the circulation needs of all sectors of the community in a safe, efficient, cost- effective and aesthetically pleasing manner. Objective 1.1 Undertake only those improvements that both facilitate traffic flow and reduce adverse traffic impact on the neighborhoods thereby making neighborhood streets safer. :1vleasurability shall be no major street widenings. See Objective 1.5 for non - motorized transportation systems and 1.3 for convenient and efficient motorized transportation. Policy 1.1.1 Utilize the following level of service standards: Principal Arterials "F" Minor Arterials Miller Drive Ft' The above level -of- service notwithstanding, development in the City shall be governed by additional terms and conditions agreed to by the City of South Miami and the Florida Department of Community Affairs (DCA). These terms and conditions are agreed to by the City and incorporated as part of this plan in order to facilitate a finding by the DCA that this Comprehensive Plan is in compliance with Florida law and the Florida Administrative Code. The additional terms and conditions agreed to by the City are as follows: Until December 31,. 1995, the peak hour level -of- service standard for US I shall be 115 percent of the peak hour traffic count in 1989. The City shall use the peak hour traffic data for 1989 available from the Florida Department of Transportation. 2. After December 31, 1995, the peak hour level -of- service standard shall be 150 percent of D capacity for US 1. 3. The peak hour level -of- service standard for Bird Road shall be 120 percent of E capacity 4. The City will not issue any new - construction permit which would have the effect of lowering the level -of- service on Bird Road or US I below the levels specified in "1," 112" and "3" above unless such permits are issued pursuant to a development of regional impact (DRI) approval granted prior to the effective date of this plan. The City of South Miami views these standards as more restrictive than desirable or appropriate for the City, but accepts them as the most permissive standards that are likely to win approval from the Florida Department of Community Affairs. The City believes more permissive standards are in order for the following reasons: a. There is only a small segment of US 1 in the City of South Miami. b. The City has virtually no control over most of the development which does now or will in the future load trips onto US 1. c. There is a Metrorail station in the heart of the City's only intensive development area, this Metrorail station puts extraordinary commuter rail transit service at hand. Further, development of the area around the Metrorail station will further state and local goals for "in- filling" already urbanized areas and reducing urban sprawl. d. Bus service with 30 minute headway is available along Bird Road. The availability of this transit service justifies the above level -of- service designation on Bird Road. e. In enacting this plan, the City has very substantially reduced the amount of development that was permitted under the plan effective prior to 1989 and its implementing zoning ordinance. The City understands that the Florida Department of Community Affairs believes reasons "a" through "e" are sufficient justification for the standards set forth in "1" through "4" above, but that more permissive standards would not be consistent with the City's responsibility to help minimize traffic congestion. Policy 1.1.2 Continue to utilize the development plan review process to control roadway access points and on -site traffic flow. Objective 1.2 Achieve coordination of the Future Land Use Plan and this element. See policies for measurability. Policy 1.2.1 Avoid any major street widenings, in conformance with the Land Use Plan recommendations that call for protecting and enhancing both the residential neighborhoods and downtown. Policy 1.2.2 Continue to review and refine the land development code to assure adequate on -site parking and traffic flow through site plan reviews. Objective 1.3 Coordinate City transportation planning with regional agencies to facilitate convenient and efficient motorized transportation. See policies for measurability. Policy 1.3.1 Work with the MPO and other regional transportation planning officials to secure changes in their plans to widen State and County roadways within City of South Miami. Policy 1.3.2 By 1999, undertake facility and program improvements to enhance use of Metrorail and buses including adequate access to the Metrorail Station to facilitate convenient and efficient "motorized" transportation. Policy 1.3.3 Work with the MPO to achieve bus service to major employment concentrations. 2 Policy 1.3.4 By 1998, establish a shuttle service system to include major commercial and institutional sites in the Transit - Oriented Development District in conjunction with the South Miami Metrorail transit station. Objective 1.4 Protect existing street rights -of -way including access points. Policy 1.4.1 Although no collector or arterial widenings are recommended by the City at this time, use development plan reviews and other means to protect existing rights -of -way, in order to prohibit any further pavement widening. (97 -1 ER) Policy 1.4.2 Use the site plan and plat process to control curb cuts on public streets. Objective 1.5 Continue to refine and develop detailed plans for new sidewalks and additional bikeways, and begin implementation. Policy -1.5.1 Continue to refine and update a detailed bikeway plan including access to the Metrorail Station and adequate on -site storage requirements through development code site plans requirements. Objective 1.6 By 1996, establish a transportation concurrency exception area in conjunction with the approved Metro -Dade County transportation concurrency management area which includes the Metrorail transit station and all development located east of the Palmetto Expressway. The City of South Miami is located in the County management area. Policy 1.6.1 A proposed development will not be denied a concurrency approval for transportation facilities provided that the development is otherwise consistent with adopted comprehensive plan and it meets the following criteria pursuant to Section 163.3180 of the Florida Statutes: The proposed development is located within the established Redevelopment and Infill District [RID]; and. If the project would result in an increase in peak- period traffic volume on a Florida Interstate Highway System [FIHS] roadway that is operating below any adopted LOS standard, which increase would exceed two (2) percent of the capacity of the roadway at the adopted standard, the City shall require the developer and successors to implement and maintain trip reduction measures to reduce travel by single- occupant vehicles so that the resultant increase in traffic volume does not exceed two (2) percent. Policy 1.6.2 The Citv of South Miami shall include in its concurrency management program appropriate rules that address this policy and are consistent with requirements contained in Chapter 163, Part II of Florida Statutes. Policy 1.6.3 The proposed Redevelopment and Infill District [RID] will be included in the adopted Future Land Use Map. Boundary changes will require an amendment to this plan. See Figure 2.10 which indicates the boundaries of RID and TODD. Policy 1.6.4 The City of South Miami will continue to update the City's adopted Comprehensive Plan as specific information becomes available from the Metropolitan Planning Organization, Metropolitan Dade County government and State of Florida departments and agencies. Policy 1.6.5 Regarding the Future Traffic Circulation Map, the City of South Miami will work to secure changes in the County's recent re- designation of SW 56 Street (Miller Road) and SW 67 Avenue (Ludlum Drive) to prevent any road widenings, pursuant to Policy 1.2.1, and in order to achieve consistency with the Metro -Dade County CDMP. Please, note that these roadways serve only residential uses in the City of South Miami and should not be designated by the County for higher capacity and lane expansion within City limits. Policv 1.6.6 Interim Policy: The City of South Miami shall complete the following tasks within three months of insert date here. in order to be found in compliance by the Florida Department of Community Affairs: An .analvsis of the existing transportation system. levels -of- service and service needs. based upon existing design and -operating capacity. most recently available estimates for average and daily peak hour vehicle trips existing modal split and vehicle occupancy rates. existing public transit facilities including ridership by route peak hour capacities and headways population characteristics including transportation disadvantaged and the existing characteristics of trip generators and attractors The City will coordinate with FDOT and Dade County MPO to complete the analvsis. Said analysis must show that the system is functioning and will identify needs which will correct existing deficiencies of the transportation system. Policv 1.6.7 Interim Policv: The City of South Miami shall complete the following tasks within six months of insert date here in order to be found in compliance by the Florida Department of Community Affairs: • An analvsis of the availability of transportation facilities and services to serve existing land uses and • An analysis of the availability of transportation system to evacuate the coastal population prior to an impending natural disaster: and. • An analvsis of the growth trends and travel patterns and interactions between land use and transportation and the W, comparability between the future land use and transportation elements: and. • An analvsis of the projected transportation system level -of- service and system needs based upon the future land use categories. including the intensities or densities. and the projected integrated transportation system. • The analvsis shall consider the projects planned for in FDOT's work program. the long range transportation plan and traffic improvement program (TIP) of the Dade County MPO. and the Metro Dade Transit Authority: and. • The analvsis shall demonstrate how the City will maintain its adopted level -of- service standard for roads and transit facilities; and. • The analvsis shall address internal consistencv of the plan. especially its provisions addressing transportation. land use. an d the availabilitv of facilities: and. • An analysis which identifies land uses and trans ortation management programs necessary to promote and support public transportation systems in designated transportation corridors II. AMENDMENT TO THE FUTURE LAND USE ELEMENT 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. To reflect the repeated public concerns expressed at the charrettes and public hearings regarding the preponderance of land use regulations, the land use categories are reduced in number to reflect the traditional land use designations utilized by the planning profession. Regulation of specific uses and intensities will be included under provisions in the Land Development Code. Single - Family Residential (Two -Story) The single - family land use category is intended to provide for one residential dwelling unit on each parcel of land. New 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. In areas where existing platting is characterized by parcels smaller than 10,000 square feet, zoning regulations should be consistent with surrounding parcel sizes. 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 parcel 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. Zoning regulations shall not require any special hearing or approval process for lots that meet the requirements set forth herein. Duplex Residential Two Family4ownhouse Residential (Two- Story) The duplex residential category is intended to provide for two residential dwelling units per parcel of land. Each dwelling unit should have its own at -grade direct access from the out -of- doors. Two - family structures should be developed-at densities that do not exceed two dwelling units per 10,000 square feet. Townhouse Residential (Two -Story) The townhouse residential category is intended to limit development to townhouse -type dwelling units on parcels of land not less than 10,000 square feet in area. Each dwelling unit should have its own at -grade direct access from the out -of- doors. Townhouse dwelling units should be developed at densities that do not exceed one dwelling unit per 7,260 square feet of site area. Individual parcels which meet the minimum site size of 10,000 square feet in area could be developed for use as single - family residential dwellings units. Zoning regulations which implement the townhouse category shall prohibit two- family structures: and, one single- family structures may be permitted to secure a vested right to use any legally created parcels which does not meet the minimum lot size requirements of this plan and/or the zoning ordinance. Multiple - Family Residential (Four -Story) The multiple- family residential land use categoryies -afe is intended to provide for residential densities of up to a maximum of 24 dwelling units per net acre. Multiple- family residential development shall be designed in order to create environmentally - sensitive and well- landscaped settings with pedestrian and multi - modal, transit - oriented amenities. Zoning regulations shall be implemented to preserve the existing densities of developed properties within established districts. Designers should be encouraged to produce unique, flexible, multi -level projects, such as mixed - use developments, including retail and office uses on ground floor levels. Zoning regulations for the proposed Park View Townhouse area should include an option whereby townhouse developments could be permitted at densities not to exceed 24 dwelling unit per acre. Residential Office (Two - Story) The residential office land use category is intended to provide for the development of very -low- intensity office structures that are similar in development characteristics to single - family homes. Development characteristics shall include but not be limited to height, mass, volume, parking and /3 landscaping. Buildings shall not exceed two stories. In addition, heavy landscaping and screening shall be provided for parking areas. trash storage and other non - residential site characteristics. Commercial Retail and Office (Two -Story) The commercial retail and office land use category is intended to provide for retail and retail services, office use and office services that are characteristic of commercial development. Adopted zoning regulations shall reinforce the "no widenings" policy as set forth in the Traffic Circulation Element by encouraging the containment of development along existing State and County high- design roadway facilities. (97 -1 ER) Mixed -Use Commercial/Residential (Four- Story) The mixed -use commercial /residential land use category is intended to provide for different levels of retail uses, office uses, retail and office services, and residential dwelling units with an emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted heights. densities and intensities shall be set forth in the Land Development Code. Regulations regarding the permitted height, density and intensity in zoning districts for areas designated as mixed -use commercial /residential shall provide incentives for transit - oriented development and mixed -use development. Zoning regulations shall reinforce the "no widenings" policy set forth in the Traffic Circulation Element by encouraging use of Metrorail system. Pursuant to the recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.) in the Comprehensive Plan, the City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition. the City adopts a maximum residential density of 24 units per acre. In order to ensure a mix of uses. the City requires that a minimum of two of the above uses must be developed within this categorv. For residential projects at a minimum. the first floor must allow retail For retail protects' at a minimum at least one floor must contain residential of office For office projects at a minimum at least one floor must contain residential or retail Transit - Oriented Development District [TODD] (Flexible Height up to 8 stories) The Transit - Oriented Development District is intended to provide for the development of office uses, office services, office- related retail, retail, retail services, and residential uses in multi -story and mixed -use projects that are characteristic of transit- oriented developments. Permitted heights and intensities shall be set forth in the Land Development Code, including design standards. 'Zoning regulations shall encourage development within the TODD in conjunction with limiting new development within the Special Flood Hazard Area. The City shall pursue an incentives program for redevelopment including flexible building heights and design standards to insure that responsible, effective and aesthetically - pleasing projects result. Public - Institutional Uses (Four- Story) The public and institutional land use category is intended to provide for public schools, municipal facilities, utilities, and churches, temples, synagogues and similar uses. Areas designated public and institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional uses on sites not so designated by this plan. Educational Uses (as a sub - category of the pzthlic institutional uses land use designation) 8 The "educational uses" land use sub - category is intended to provide for public schools uses. Areas designated as educational should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public educational uses on sites not so designated by this plan. Public schools are hereby defined as public institutions of general education offering kindergarten through 12`h grade education or some substantial portion thereof, and are owned and operated by the Dade County Public Schools system. Building heights shall not exceed the average of the maximum permitted heights in the surrounding zoning districts; and. in no case shall a building exceed four stories in height. Parks and Open Space The parks and open space land use category is intended to provide for public parks, park and open space areas, including those associated with public schools. Sites designated parks and open space should not be used for other purposes without an amendment to this land use plan. Zoning regulations could permit park and open space uses on sites not so designated by this plan. Land exchange may precede amendment to this plan providing that levels -of- service established in the Recreation and Open Space Element are maintained; this provision is included for the purpose of providing for land use designation of future park reconfiguration. Zoning regulations should permit parks- related buildings (e.g., indoor athletic and passive recreation facilities) on land already designated as Parks and Open Space. 0 III. AMENDMENT TO THE HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES HOUSING ELEMENT Goal 1 To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Objective 1.1 Through technical assistance, the City shall assist the private sector in providing the 60 to 70 "in -fill" housing units that the City can accommodate by 1999; see Objective 1.3 for affordable housing. Policy 1.1.1 Utilize the Future Land Use Plan and zoning map to assure a diversity of housing types. Policy 1.1.2 Continue a municipal development application review process that minimizes delay yet assures quality control. Policy 1.1.3 Develop legislation for the identified study area in Charrette II to address housing options, promote owner - occupied housing enhancements, and to increase private home ownership. Objective 1.2 By the year 1999, to eliminate all substandard housing in the City. Policy 1.2.1 Enforce the City codes to achieve correction of substandard housing. Policy 1.2.2 Provide referrals to County HUD for use of County Community Development Block Grant funds for housing rehabilitation loans. Policy 1.2.3 Establish procedures for systematic review and public input regarding each of the remaining neighborhoods identified in the City. Develop a master plan for new development and redevelopment which strengthens the individual identity of each neighborhood and the City as a whole. Objective 1.3 To create and maintain affordable housing for all current and anticipated future residents of the City, especially providing for households of very- low- income, low - income, and moderate - income. Policy 1.3.1 Utilize the Future Land Use Plan and zoning map, making special use of mixed -use districts, to provide for areas which promote very -low- income, low- income; and moderate - income households, white attempting to avoid the concentration of these households in specific areas of the City. Policy 1.3.2 Utilize existing Federal, State, County, and private programs which assist individuals with home ownership through such means as subsidies, 10 loans, loan guarantees, counseling, or through other similar means, including such programs as the County Surtax mortgage program. Policy 1.3.3 Continue to work towards a redeveloped Hardee Drive area (measured by a reduction in the number of substandard residential structures from 42 to 4) with new very-low, low, and moderate income housing units. Note this target area is bounded by Hardee Drive, S.W. 62 "d Street, S.W. 58d' Place, and S.W. 62 "d Avenue. Policy 1.3.4 The City and County will jointly explore new programs to assist in meeting the need for infill development, through such means as tax increment financing. Policy 1.3.5 In order to accurately assess the City's need for affordable housing, the City will conduct study on said issue, which in conjunction with the study conducted by the Shimberg Center for Affordable Housing will allow the City to formulate more specific objectives and policies concerning affordable housing needs in the City. Policv 1.3.6 Interim Policv: The City of South Miami shall complete the following tasks within three months of insert date here. in order to be found in compliance by the Florida Department of Community Affairs: - Housins Data and analysis and associated policies and objectives, based upon the Affordable Housing Needs Assessment by the Shimbem Center for Affordable Housing University of Florida 11 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS. Petitioner. vs. DOAH CASE NO. 97- 49474GM CITY OF SOUTH MIAMI. Respondent. STIPULATED SETTLEMENT AGREEMENT Petitioner, Department of Community Affairs (Department), and Respondent. City of South Miami (City), hereby stipulate and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. C. Comprehensive Plan Amendment or Plan Amendment: The comprehensive plan amendment adopted by the City on August 19, 1997, by Ordinance No. 20- 90 -1641. Hearings d. DOAH: The Florida Division of Administrative e. In compliance or into compliance: Consistent with Sections 163.3177. 163.3 178 and 163.3191. Florida Statutes. Section 187.201. Florida Statutes. the applicable regional policy plan. and Chapter 9J Florida Administrative Code. f. Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g. Petition: The petition for administrative hearing and relief filed by the Department in this case. h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. i. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this_ agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuan t to this agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this agreement or be otherwise acceptable to the Department. J. Statement of Intent: The statement of intent to find the plan amendment not in compliance issued by the Department in this case. k: Support Document: The studies. inventory maps, surveys, data, inventories. listings or analyses used to develop and support the plan amendment. 2. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 3. Approval by Governing Body. This agreement has been approved by the City's 2 -overning body at a public hearing advertised in an advertisement published at least 10 days prior to the hearing in the manner prescribed for advertisements in Section 163.3184(15)(c), Florida Statutes. This agreement has been executed by the appropriate officer as provided in the City's charter or other regulations. 4. Changes in Law. Nothing in this agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence. 5. Other Persons Unaffected. Nothing in this agreement shall be deemed to affect the rights of any other person under the law. fees. 6. Attornev Fees and Costs. Each party shall bear its own costs, including attorney 7. Effective Date. This agreement shall become effective upon the last date of signing by the Department or the City. 8. Pumose of this Agreement: Not Establishine Precedent. The parties enter into this agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the plan amendment. The acceptance of proposals for purposes of this agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 9. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the plan 6 amendment is in compliance. 10. Exhibits. Exhibits A and B are hereby incorporated by reference. 11. Negotiation of Agreement. The Department issued its notice and statement of intent to find the plan amendment not in compliance. and filed the petition in this case to that effect. Subsequent to the filing of the petition the parties conferred and agreed to resolve the issues in the petition, notice and statement of intent through this agreement. It is the intent of this agreement to resolve fully all issues between the parties in this proceeding. 12. Dismissal. If the City completes the remedial actions required by this agreement, including the rescission of the plan amendment as set forth herein. the Department shall issue a cumulative notice of intent addressing both the compliance agreement amendment and the initial plan amendment subject to these proceedings._The Department shall file the cumulative notice of intent with the DOAH along with a request to dismiss this proceeding. 13. Filing and Continuance. This agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this agreement, the administrative proceeding in this matter shall be staved by the administrative law judge in accordance with Section 163.3184(16)(b), Florida Statutes. 14. Retention of Right to Final Hearing. Both parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this agreement, and nothing in this agreement shall be deemed a waiver of such ri ght. The Department or any other party to this agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this agreement is not proceeding in good faith to take that action. 4 15. Description of Provisions not in Compliance and Remedial Actions: Legal Effect of Agreement. Exhibit A to this agreement is a copy of the statement of intent, which identifies the provisions not in compliance. Exhibit B contains remedial actions needed for compliance. This agreement constitutes a stipulation that if the remedial actions are accomplished, the plan amendment will be in compliance. 16. Remedial Actions to be Considered for Adoption. The City agrees to consider for adoption by formal action of its governing body all remedial actions described in Exhibit B no later than the time period provided for in this agreement. 17. Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this agreement by the parties, the City shall consider for adoption all remedial actions or plan amendments and amendments-to the support documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the remedial plan amendment, the City shall transmit 5 copies of the amendment to the Department as provided in Rule 9J- 11.011(5), Florida Administrative Code. The City also shall submit one copy to the regional planning agency and to anv other unit of local or state government that has filed a written request with the governing body for a copy of the remedial plan amendment and a copy to any parry granted intervenor status in this proceeding. The amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 18. Acknowledgement. All parties to this agreement acknowledge that the "based upon" provisions in Section 163-3 184(8), Florida Statutes, do not apply to the remedial amendment. 5 19. Review of Remedial Amendments and Notice of Intent. Within 45 days after receipt of the adopted remedial plan amendments and support documents. the Department shall issue a notice of intent pursuant to Section 163.3184. Florida Statutes, for the adopted amendments in accordance with this agreement. a. In Compliance: If the adopted remedial actions satisfy this agreement, the Department shall issue a cumulative notice of intent addressing both the plan amendment and the compliance agreement amendment as being in compliance. The Department shall file this cumulative notice with DOAH and shall move to have this proceeding dismissed. b. Not in Comnliance: If the remedial actions are not adopted, or if they do not satisfy this agreement, the Department shall issue a notice of intent to find the plan amendment not in compliance and shall forward the notice to DOAH for a hearing as provided in Subsection 16333 184(10), Florida Statutes, and may request that the matter be consolidated with the pending proceeding for a single, final hearing. The parties hereby stipulate to that consolidation and to the setting of a single final hearing if the Department so requests. 20. Effect of Amendment. Adoption of any compliance agreement amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. This agreement contains all the terms and conditions agreed to by the parties. 2 In witness whereof. the parties hereto have caused this agreement to be executed by their undersigned officials as dulv authorized. DEPARTMENT OF COMMUNITY AFFAIRS CITY OF SOUTH MIAMI Charles Pattison, Director Division of Resource Planning and Management Date Assistant General Counsel 7 Title Date Attest: City Clerk City Attorney STATE OF FLORIDA DEPART'v= OF COMMUNITY AFFAIRS IN RE: SOUTH hUAMI) COMPREHENSIVE PLAN) AMENDMENT ADOPTED BY) ORDINANCE NO. 20 -90 -1641) ON AUGUST 19, 1997) DOCKET NO. 97- 1ER -NOI- 1323- (A)- (I)(I) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENT NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to find the City of South Miami Comprehensive Plan Amendment 97 -IER, adopted by Ordinance No. 20 -90 -1641 on August 19, 1997 Not In Compliance. The Department finds that the plan amendment is not "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes (F.S.), because it is not consistent with Chapter 163, Part II, F.S., the State Comprehensive Plan, the South Florida Comprehensive Regional Policy Plan, and Chapter 91-5, Florida Administrative Code (F.A.C.), for the following reasons: I. AMENDMENT TO THE TRANSPORTATION ELEMENT A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1) The amendment is inconsistent because the amendment did not include an adequate analysis of the projected intermodal deficiencies and needs such as terminals, connections, high occupancy vehicle lanes, park- and -ride lots and other facilities. The City's reply was not responsive to the ORC objection or the rule requirement. Describing the City's proposed shuttle •L 1 " .: EXHIBIT A. system is not an analysis of projected intermodal deficiencies and needs. Without providing an analysis of the intermodal deficiencies, the City cannot adequately address the needs component of the analysis. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(2)(a); Rule 9J- 5.019(3)(e), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. The assessment must look at areas related to ridership and modal split in order to determine if there are any deficiencies with the intermodal facilities. This information should be available through the Metro -Dade County Transit Authority or Dade County. The City must conduct an analysis of intermodal deficiencies and a needs assessment and consider appropriate policies, programs, and activities to correct identified problems. 2) The amendment is inconsistent because the City did not provide an adequate analysis of the projected transportation system levels of service and system needs based upon the land use categories, including their densities or intensities of use as shown on the Future Land Use Map (FLUM), and the projected integrated transportation system. The analysis did not demonstrate integration and coordination among the various modes of transportation and did not address the need for new facilities and expansions of alternative transportation modes to provide a safe and efficient transportation network and enhance mobility. [Chapter 163.3177(6)0)8., F.S.; Rule 9J- 5.005(2)(a) and (5)(a); and Rule 9J- 5.019(3)(f), F.A.C.]. B. Recommended remedial actions. This inconsistency may be remedied by taking the following actions: N 2. The City should analyze the FLUM densities, intensities and mixed use patterns against the thresholds required to support transit. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source which has analyzed densities and intensities which support transit. One such document is the Dade County MPO document "Transit/Land Use Relationship Report." Where incompatible uses occur, an analysis should be conducted that assesses FLUM alternatives that.would be compatible. This analysis should be completed prior to the Dade County MPO Long Range Transportation Plan Model Update so that alternative land uses can be submitted to the MPO. The City should also create a policy whereby it commits to completing this analysis upon completion of the Dade County Metropolitan Planning Organization (DCMPO) Long Range Transportation Plan Model update. The City should coordinate with Dade County regarding the submittal of land use data to the MPO. The Department notes that the City has added Transportation Element Policy 1.6.4 which states that the City will continue to update the City's Plan as specific information becomes available from the MPO, Dade County, and the State of Florida. While the Department believes that the general intent of this .policy is moving in the right direction, the language is vague and should be revised whereby the City will submit this analysis by a date certain subsequent to the MPO update. 3) The amendment is inconsistent because the amendment does not adequately analyze the compatibility of the transportation system needs with the Florida Department of Transportation (FDOT) Adopted Work Program, long range transportation plan and plans of the Dade County MPO, and the compatibility with the policies and guidelines of these plans. The response is inadequate because it does not demonstrate whether the City's system needs are N consistent with the FDOT Adopted Work Program and the long range transportation plan and plans of the Dade County MPO. [Section 163.3177(6)0)5.; Rule 9J- 5.005(2)(a); and Rule 9J- 5.019(3)(8), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 3. Provide an analysis which demonstrates whether the City's system needs are consistent with the FDOT Adopted Work Program and the long range transportation plan and plans of the MVO. Furthermore, the Dade County MPO is now in the process of updating their five -year work plan, and the Department is working with the MPO, FDOT- District 6, and Dade County on ensuring coordinated transportation planning as part of the development of the County Transportation Element. The Department recommends that the City participate in this process. 4) The amendment is inconsistent because the analysis does not explicitly address and document internal consistency of the plan, especially its provisions addressing transportation, land use, and availability of facilities and services. While the City's response speaks in general terms of how the transportation element is consistent with other growth management goals of the comprehensive plan, it does not explicitly explain how the policies and programs of the transportation element support and further objectives and policies of other comprehensive plan components. [Section 163.3177(6)0)5, F.S.; Rule 9J- 5.005(2)(a); and Rule 9J- 5.019(3)(i), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 4. The City's analysis must explicitly explain how the policies and programs of the N transportation element support and further objectives and policies of other comprehensive plan components. The City's analysis should examine internal consistency such as, but not limited to, whether the FLUM supports the transportation system, whether particular capital improvements are needed, and whether the transportation system supports infill development. 5) The amendment is inconsistent because the City did not adequately analyze. the growth trends and travel patterns and interactions between.land uses and transportation, and the compatibility between the future land use and transportation element. The City has provided a general description of how growth and the transportation system interact based upon general observations. This overview, however, does not satisfy the analysis requirements of the rule, nor would it support specific recommendations for policies and programs to ensure greater compatibility between the transportation and future -land use elements. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(2)(a); and Rule 9J- 5.019(3)(d), F.A.C.] B) Recommended remedial actions These inconsistencies may be remedied by taking the following actions: 5. As stated in Item No. 2, the City should analyze the FLUM densities, intensities and mixed use patterns against the thresholds required to support transit. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source which has analyzed densities and intensities which support transit. This analysis should be completed prior to the Dade County MPO Long Range Transportation Plan Model Update so that alternative land uses can be submitted to the MPO. Upon completion of the Dade County MPO Long Range Transportation Plan Model update, the City must analyze the compatibility •L E between the future land use and transportation element. The City should utilize the Dade County MPO update to project future roadway capacities and mass transit ridership and utilize the PIan to project where growth will occur. The City could then determine the effects of growth on the transportation system and vice versa. As recommended in Item No. 2, the City should add a policy whereby the City will submit this analysis by a date certain subsequent to the MPO update. 6) The amendment is inconsistent because the City did not adequately analyze how the City will maintain its adopted level of service standard for roads and transit facilities. The analysis does not show projected traffic and transit levels over the next five years and identify where LOS standards are expected to be exceeded. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(2)(a) and Rule 91- 5.019(3)(h), F.A.C.] - B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 6. Provide an analysis which shows projected traffic and transit levels over the next five years and identify where LOS standards are expected to be exceeded. The analysis should also include other methods of maintaining LOS standards such as, but not limited to, Capital Improvement Element improvements to prevent LOS failures, changes in land use, or making the transportation system more efficient. 7) The amendment is inconsistent because the following objective and policies were not included in the plan: Rule 9J- 5.019(4)(b)4. Address the provision of efficient public transit services based on existirig and proposed generators /attractors, safe and convenient public transit terminals, land uses, and accommodation of the special needs of the transportation disadvantaged; G Rule 9J -5.G 19(4)(c)3. establish parking strategies to promote transportation goals /objectives; Rule 9J- 5.019(4)(c)7. establish TSM strategies to improve system efficiency and enhance safety; Rule 9J -5.019 (4)(c)9. establish land use and site and building design guidelines for development in exclusive public transit corridors to assure the accessibility of new development to public transit; Rule 9J- 5.019(4)(c)10. establish numerical indicators. against which the achievement of mobility goals of the community can be measured, such as modal split, annual transit trips per capita, automobile occupancy rates; Rule 9J- 5.019(4)(c) 11. establishment of strategies, agreements and other mechanisms with applicable local governments and regional and state agencies that demonstrate the areawide coordination necessary to implement the transportation, land use, parking, and other provisions of the transportation element. B. Recommended remedial actions These inconsistencies may be remedied by taking the following actions: 7. Include the objective and policies identified above. The objective and policies must be based on appropriate analyses as discussed in preceding sections of the Statement of Intent. 8) The amendment is inconsistent because Transportation Element Objective 1.2, which seeks to achieve coordination of the Future Land Use Plan and the Transportation Element, does not insure that future land use, population densities, housing and employment Patterns are compatible with the area's transportation modes and services. [Section 163.3177(6)0)5., F.S.; Rule 9J- 5.005(5)(a); and Rule 9J- 5.019(4)(b)2., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 7 .y 8. The City should analyze the FLUM densities, intensities and mixed use patterns against the thresholds required to support transit. Where incompatible uses occur, an analysis should be conducted that assesses FLUM alternatives that would be compatible. The City should compare the existing FLUM designations within the transit corridor to a professionally accepted source which has analyzed densities and intensities which support transit. This analysis should be completed prior to the Dade County MPO Long Range Transportation Plan Model Update so that alternative land uses can be submitted to the MPO. As recommended in Item No. 2, the City should add a policy whereby the City will revise this objective and add policies, if necessary, by a date certain subsequent to the Dade County MPO update. The objectives and policies must be based on appropriate analyses as discussed in preceding sections of the Statement of Intent. 9) The amendment is inconsistent because Transportation Element Policy 1.1.1, which establishes the roadway level of service standard, did not include specific reference to the LOSS for transit facilities. Furtherrnore, the City did not adopt the LOSS established by FDOT for facilities on the FIHS. [Section 163.3177(6)(j)l., F.S., and Rule 9J- 5.019(4)(c)l., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 9. Revise the amendment to include the LOSS for mass transit and adopt FDOT's LOS standard for facilities on the FIHS in the City. 10) The amendment is inconsistent because the City adopted a Transportation Concurrency Exception Area (TCE A) but did not adequately address the provision to establish policies which specify programs to address transportation needs of the TCEA. [Section S 9 163.3180(5)(b) and (c), F.S., and Rule 9J- 5.0055(6)(c), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 10. The Department believes that if the City adds the objective and policies as identified in Item No. 7 as well as establishing objectives and policies based upon the additional analysis requirements as discussed in preceding sections ofthe Statement cf Int--nt, the transportation needs of the TCEA will be met. 11) The amendment is inconsistent because the Future Transportation Map did not include parking facilities that are required to achieve mobility goals; TCEA; and intermodal terminals and access to such facilities. [Section 163.3177(6)0)l., 2., and 3., F.S.; Rule 9J- 5.005(5)(b); and Rule 9J- 5.019(5)(a) l.e.; (5)(a)4;'and (5)(a)9., F.A.C.] B. Recommended remedial actions These inconsistencies may be remedied by taking the following actions: 11. Include these items on the Future Transportation Map. II. AMENDMENT TO THE FUTURE LAND USE ELEMENT A. Inconsistent orovisfons. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1) The amendment is inconsistent because it includes a new mixed use FLUM category, Mixed Use Commercial/Residential (Four Story), but does not include a minimum and maximum range percentage of land use distribution among the mix of uses, and the density for residential uses. While the City has established a Floor Area Ratio (F.A.R.) appropriate for non- -.L 9 residential uses, a F.A.R. cannot adequately measure residential densities because dwelling units vary in size which makes it difficult to determine the number of units that could be allowed. [Section 163.3177(6)(a), F.S., and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. The Mixed Use Commercial/Residential (Four Story) category must be revised to include the minimum and maximum range percentage of land use distribution among the mix of uses and include a residential density based on dwelling units per acre. III. FUTURE LAND USE MAP AMENDMENTS A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: -=_ 1. The City has adopted 4 FLUM amendments which involve converting, land uses to the Mixed Use Commercial/Residential (4 Story) category. As the Department has determined that the Mixed Use Commercial/Residential (4 Story) category is not in compliance, these 4 FLUM amendments are also not in compliance because of the problems associated with the land use category. Listed below are the subject amendments. [Section 163.3177(6)(a), F.S.; Rule 9J- 5.005(5)(a); and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.] Amendment Total Acreage Existing Designation Proposed Designation Amendment No. l- 2.41 Single- Family Res, Mixed Use Madison Square Neizhborhood Retail (2 Commercial/Residential Story) -i 10 Amendment No.2- 14.21 Commercial. Office Use, Mixed Use Charrette Too Commercial Retail, Commercial/Residential Public Institutional, Single Family Res, and Vacant Amendment No.5- 1.46 Low Intensity Office (2 Mixed Use Community Center Story) Commercial/Residential Amendment No.6- 40.6 Specialty Retail/Res (4 Mixed Use Hometown District Story), Neighborhood Commercial/Residential Retail (2 Story), Residential- Office (2 Story), and Medium Density Multiple (4 Story) B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Upon revising the Mixed Use Commercial/Residential (Four Story) category pursuant to the recommendation contained in Amendment to the Future Land Use Element Recommendation No. 1, these FLUM amendments will be found in compliance. IV. AMENDMENT TO THE HOUSING ELEMENT A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1) The amendment is inconsistent because Housing Objective 1.3, which states that the City will create and maintain affordable housing for all current and anticipated future resident of the City, especially providing for households of very-low income, low- income, and moderate- income, is not measurable because it lacks a target by which the identified deficits in affordable housing will be reduced. The associated policies, while establishing programs which could result in the construction of affordable housing, do not establish the target by which the City will - w 11 reduce the deficit shown by the Shimberg Study. [Section 163.3177(6)(f) I.d., F.S., and Rule 9J- 5.010(3)(b)3., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise Housing Objective 1.3 to include a measurable target such as, but not limited to, number of affordable housing units to be built yearly. V. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The comprehensive plan amendment is inconsistent with the State Comprehensive Plan goals and policies, including the following provisions (Rules 9J- 5.021, F.A.C.): a) Goal 5, Housing and Policy 3 b) Goal 16, Land Use and Policies I and 3 d) Goal IS, Public Facilities and Policies 1, 7 e) Goal 20, Transportation and Policies 2, 3, 9, 10, 13, and 15 B. Recommended remedial action. These inconsistencies may be remedied by taking the following action: 1. Revise the plan amendment.as described above in Section I.B. through V.B. VI. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SOUTH FLORIDA A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: -i. 12 1. The comprehensive plan amendment is inconsistent with the Strategic Regional Policy Plan for South Florida Plan goals and policies, including the following provisions (Rule 9J- 5.021, F.A.C.): a) Goal 2. 1, Land Use and Public Facilities and Policies 2.1.1, 2.3.6, 2.3.7, 2.3.8, 2.3.14, 2.3.18, and 2.3.21 ; b)Goal 4. 1, Economic Development and Policies 44.5, 4.1.10, 4.1.11, 4.1.12, and 4.1.16 d) Goal 5.1, Regional Transportation and Policies 5.1.1, 5.1.3, 5.1.5, 5.1.6, 5.1.8, 5.1.10, 5.1.11, 5.1.14, 5.1.15, 5,1.27, e) Goal 6. 1, Affordable Housing and Policies 6. 1.1 and 6.1.2 B. Recommended remedial action. These inconsistencies may be remedied by taking the following action: 1. Revise the plan amendment as described above in Sections I.B. through V.B. _s 13 CONCLUSIONS 1. The plan amendment is not consistent with the Strategic Regional Policy Plan for South Florida. 2. The plan amendment is not consistent with the State Comprehensive Plan. 3. The plan amendment is not consistent with Chapter 9J -5, Florida Administrative Code. 4. The plan amendment is not consistent with the requirements of Section 163.3177, Florida Statutes. 5. The plan amendment is not "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes. 6. In order to bring the plan amendment into compliance, the City may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this q,14 day of 1997, at Tallahassee, Florida. les G. Pattison, Director Division of Resource Planning and Management Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 .s; 14 1 2 3 The following remedial amendment language is proposed as an addition to the existing goals- 4 policies and objectives of the City's adopted and amended Transportation Element as follows: 5 6 Policv 1.6.6 Interim Policv: The Citv of South Miami shall complete the following 7 tasks within three months of insert clate here. in order to be found in 8 compliance by the Florida Department of Community Affairs: 9 10 An analvsis of the existing transportation system. levels -of- service and 11 service needs. based upon existing design and operating capacity, most 12 recently available estimates for average and daily peak hour vehicle trios. 13 existing modal split and vehicle occupancy rates, existing public transit 14 facilities, including ridership by route. peak hour capacities and headways. 15 population characteristics including transportation disadvantaged, and the 16 existing characteristics of trip generators and attractors. The Citv will 17 coordinate with FDOT and Dade Countv MPO to comolete the analvsis. 18 Said analvsis must show that the system is functioning and will identifv 19 needs which will correct existing deficiencies of the transportation system. 20 21 Policv 1.6.7 Interim Policv: The City_ of South Miami shall complete the following 22 tasks within six months of insert date here in order to be found in 23 compliance by the Florida Department of Community Affairs: 24 25 • An analvsis of the availability of transportation facilities and services to 26 serve existing land uses: and. 27 28 - An analvsis of the availability of transportation system to evacuate the 29 coastal population prior to an impending natural disaster: and. 30 31 An analvsis of the growth trends and travel patterns and interactions 32 between land use and transportation and the comparability between the 33 future land use and transportation elements: and 34 35 • An analvsis of the projected transportation system level -of- service and 36 system needs based upon the future land use cateLyories includinv the 37 intensities or densities and the projected integrated transportation system 38 39 The analvsis shall consider the .projects planned for in FDOT's work 40 program. the long range transportation plan and traffic improvement 41 program (TIP) of the Dade Countv MP0 and the Metro Dade Transit 42 Authority; and. 43 44 • The analvsis shall demonstrate how the City will maintain its adopted 45 level -of- service standard for roads and transit facilities, and. Exhibit A 2 - The analvsis shall address internal consistency of the plan. especially its 3 provisions addressine transportation. land use. and the availability of 4 facilities: and, 5 6 - An analvsis which identifies land uses and transportation management 7 programs necessary to promote and support public transportation systems 8 in designated transportation corridors. 9 10 11 12 13 II. AMENDMENT TO THE FUTURE LAND USE ELEIENT 14 15 The following remedial amendment language is proposed as an addition to the existing goals. 16 policies and objectives of the City's adopted and amended Future Land Use Element as follows: 17 18 Mixed -Use Commercial/Residential (Four- Story) 19 The mixed -use commercial /residential land use category is intended to provide for different 20 levels of retail uses, office uses, retail and office services, and residential dwelling units with an 21 emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted 22 heights, densities and intensities shall be set- forth in the Land Development Code. Regulations 23 regarding the permitted height, density and intensity in zoning districts for areas designated as 24 mixed -use commercial /residential shall provide incentives for transit - oriented development and 25 mixed -use development. Zoning regulations shall reinforce the "no widening" policy set forth 26 in the Traffic Circulation Element by encouraging use of Metrorail system. Pursuant to the 27 recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.) 28 in the Comprehensive Plan, the City adopts a F.A.R. of 1.6 for this land use category which is 29 the existing F.A.R. in the Land Development Code for the corresponding zoning district. In 30 addition. the City adopts a maximum residential density of 24 units per acre In order to ensure 31 a mix of uses the City requires that a minimum of two of the above uses must be developed 32 within this category. For residential proiects at a minimum the first floor must allow retail 33 For retail projects at a minimum at least one floor must contain residential or office For office 34 protects. at a minimum at least one floor must contain residential or retail 35 36 37 38 39 III. FUTURE LAND USE MAP AMENDMENTS 40 41 No language chanues or map changes are proposed, as it is understood that the amendment 42 which is proposed in the previous section, if accepted, will satisfy DCA, regardinv this section. 43 - 44 45 Exhibit A 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 IV. AMENDMENT TO THE HOUSING ELEIMENT The following remedial amendment language is proposed as an addition to the existing goals. policies and objectives of the City's adopted and amended Transportation Element as follows: Policv 1.3.6 Interim Policv: The City of South Miami shall complete the following tasks within three months of insert dare here. in order to be found in compliance by the Florida Department of Communitv Affairs: Housing Data and analysis, and associated policies and objectives, based upon the Affordable Housing Needs Assessment 'bv the Shimbersz Center for Affordable Housing, University of Florida. V. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN No language is proposed, as it is understood that the aforementioned amendments together, if accepted, will satisfy DCA, regarding consistency issues. VI. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SO FLA No language is proposed. as it is understood that the. aforementioned amendments together, if accepted. will satisfy DCA, regarding consistency issues. Exhibit A :- 0 gz Iz L.J j�v �YJ SUMMARY MINUTES SPECIAL MEETING Planning Board Monday, July, 14,1998 City Commission Chambers 7:30 PM I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order at 7:36 p.m. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Basu, and Mr. Huggins B. Board members absent 1. Mr. Lefley 2. Mr. Wiscombe C. City staff present 1. Gregory J. Oravec (Acting Director, Planning & Zoning) and Charles D. Scurr (City Manager) III. Public Hearings A. ITEM: PB -98 -014 Applicant: Ho Pan Yao, Inc. Request: A Special Use Permit for a "Restaurant, Convenience" in the hometown district as specified in § 20- 3.4(B)(4)(a) of the Land Development Code. Location: 5796 Bird Road South Miami, Florida 33155 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum regarding the 1 in the flow of traffic. 18. Motion: Mr. Basu moved approval of the application requested with the condition that the applicant enclose the dumpster, and he recommended that staff address the owner of the strip mall concerning the parking lot and the wall. Mr. Morton seconded. 19. Ms. Chimelis remarked on the need for a "No Parking" sign on the side of the establishment for safety. 20. Staff agreed that they would be in communication with public works and parking to ensure safe conditions. 21. Vote: Approved: 5 Opposed: 0 (B) ITEM: PB -98 -015 Applicant: Local Planning Agency Request: A public hearing regarding the amendment of the Comprehensive Plan to include interim policies as required by the Stipulated Settlement Agreement between the City of South Miami and the Florida Department of Community Affairs. 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board. 3. Mr. Pages called a 5- minute recess because of break of quorum. 4. The meeting resumed. 5. Staff continued the presentation, which included the issues of mixed -use land, transportation, and affordable housing as items that still needed to be fulfilled for the state to approve the proposal. 6. Mr. Basu pointed out that what the state is requiring is additional language and analyses, nothing substantial. 7. Staff added that the requirement for a specific number of affordable housing units to be built was a difficult task considering the area is already built out. 8. Ms. Chimelis affirmed that it would be difficult to reach compliance with a staff of one. 9. Staff said that there was money budgeted for consultants to help in this process. 10. Mr. Basu reminded the board that the requirements for the state would in no way change the 3 City or improve it, they are just numbers the state needs to pass approval. 11. Public hearing was opened. 12. Mr. Anderson was in the audience and brought the boards attention to improper garbage removal in his neighborhood. 13. Although off the subject, Mr. Pages agreed to hear this complaint. 14. Staff supplied Mr. Anderson with the proper numbers and names of the people who could help him with his situation. 15. No one else had any comments, so the public hearing was closed. 16. The meeting was opened for discussion. 17. Mr. Morton agreed that everyone wanted to get this proposal approved, but commented that it was in the best interest of the City to take the traffic analyses seriously as there is a real problem with traffic in South Miami. 18. In response, Ms. Chimelis said that these traffic studies were not targeted at solving any real problems, but rather at supplying data. 19. Mr. Basu also mentioned that what triggered the request for these tests from the state was the trolley not actual traffic problems. 20. Mr. Pages agreed that this study was separate from a true traffic study. 21. Ms. Chimelis said that there was a need for specificity in the downtown situation to fix some of the problems. 22. Staff said that they have held two staff workshops already and are making progress on traffic issues, which he was planning to discuss in remarks. 23. Motion: Mr. Basu moved approval of the item, and Mr. Morton seconded the motion. 24. Vote: Approved: 5 Opposed: 0 IV. Telecommunications Towers 1. Staff distributed copies of the ordinance to the board. 2. Public hearing was opened, but no one responded. 4 W-J CITY OF SOUTH MIAMI QINTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 31, 1998 Agenda Item # Iq From: Charles D. Scurr Re: Comm. Mtg. 08/04/98 , City Manager China 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 C18, 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. The following table exhibits information relating to approved and proposed restaurants in the Shops at Sunset Place, including restaurant name, area, and date of approval: 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 Approved 6/02/98 The Country Store 8,279 Recommendation for approval 5 /12/98 Approved 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5/12/98 Approved 6/02/98 Johnny Rockets 2,230 Recommendation for approval 5 /26/98 Approved 6/09/98 China Grill 6,551 Recommendation for approval 6 /30/98 7/21/98 Total 40,698 China Grill Cafe Resolution: August 4, 1998 1 The applicant, China Grill Cafe Sunset, Inc., is requesting a special use permit to operate a general restaurant to be called China Grill Cafe, in tenant space C18 of the Shops at Sunset Place. The proposed area of the restaurant is 6,551 square feet, and it would provide seating for approximately 300 patrons, 210 indoor seats and 90 outdoor seats. The applicant proposes a full - service bar and a menu featuring "world cuisine," which is more fully explained in the attached letter of intent. The letter of intent also explains the unique robot waiters and conveyor belt countertops planned for the restaurant. The proposed hours of operation are Monday through Sunday 11:30 a.m. — 2 a.m. The proposed floor plan is attached. 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. China Grill Cafe Resolution: August 4, 1998 (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 (13)(1)(c)]. On June 30, 1998, the Planning Board voted 6:0 to recommend approval of the subject application. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Reduction of Leasing Plan, Level 1 Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) June 30, 1998 Excerpted Planning Board Minutes China Grill Cafe Resolution: August 4, 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 C18, SOUTH MIAMI, 10 FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, China Grill Caf6 Sunset, 15 Incorporated, on behalf of Bakery Associates, Ltd., has made 16 application, in order to request a Special Use Permit to operate 17 a "Restaurant, General," to be located in the "SR" Specialty 18 Retail /Residential district and in the Hometown District, 19 pursuant to Section 20- 3.4(B)(4)(b) and Section 20- 7.12(A) of the 20 City's Land 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 June 30, 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 China Grill Caf6 Sunset, 45 Incorporated, tenant, for a Special Use Permit to operate a 46 "Restaurant, General," which is to be located in the "SR" China Grill Cafe Resolution: August 4, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Specialty Retail /Residential district and the Hometown District, 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 4th day of August, 1998. ATTEST: CITY CLERK I;40eyieJ'kNl�i,'1!2!0 A W.Al • • : u CITY ATTORNEY APPROVED: China Grill Cafe Resolution: August 4, 1998 ♦w o c:\ ... \ reports \ Monitor BC 92.doc 2 LEGAL DESCRIPTION A portion of Blocks 1 and 2 anc that Street between Blocks i and 2 designated as Church Street, kno•rm as North Red Court, and now known as SW 57 Court, 'Carvers Subdivision', acceraing to the plat thereof as recorded in Plat Book 6 at Page 36 of the Public Records of Dade County, Florida, being more particularly describe(2 as follows: Commence at the Southwest comer of Lot 13, Block 2 of said recorded plat of "Carvers Subdivision% thence North 041117"45' 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 fine 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 =mgr of said Lot 13; thence North 04 +17'56" West. along the West line of Lots 9 of said BIack 2, for 50.07 feet to the Nora( %vest comer 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 Soak 17359, _ at Page 3073, the following four (4) courses being along the said Easterly Right -of -Way tine of SW 58th Avenue; thence North 04^26'38" West, along a line 11.00 feet East of and parallel with the West tine of Lots 17 18 and 19 of said Block 4 for 142.98 feet to a point: thence North 03^1015" West for 3.00 feet to a point: thence North 02 ^32040" East for 49.69 feel to a point. thence North 04AWSO" West for 13926 feet to a point on the Northerly line of said Bixk 2; thence North 45^46'59" East; along the Northerly line of said Black 2 and the Southerly Right -of -Way line of South Dude Highway No. 1 (State Road No. 5), for 334.10 feet to a point; thence North 46^42'513" 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 59& 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 571h 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 5628 feet to a Point of Tangency with a line 31.00 feet West of and parallel with the East fine of said Block 1; thence South 04^18'13" East, parallel with the East line of said Black 1, for 91239 feet to a point of curvature: thence Southwesterly along a circular curve concave to ft Northwest having a radius of 25.00 feet, a central angle of 89A33'2T for an arc 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 Back 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. Mr. Greuory J. Oravec. Planner CITY OF SOUTH MIAMI Planning & Zoning Department 6130 Sunset Drive South Miami. FL. 33143 Reference: Dear Mr. Oravec: SIMON' DI-BARTOL01 IC. ROUR May 1, 1998 Via Airborne/ Next Morning REVISED FLOOR PLAN/ GROSS LEASABLE AREA CIIINA GIi1LL CAFE SHOPS AT SUNSET PLACE SPACE # C/ 01/ 18 SOUTH MIAMI, - 10RII)A Enclosed please find one copy each of a revised Floor Plan and a Tenant Scenario Drawing for the China Grill space. These plans reflect recent changes to the demising of this space to accommodate Tenant's requirements. Please also accept this letter as acknowledgernent of China Grill's utilization of 6,551 square feet against the restaurant cap in lieu of the 6,004 square foot figure provided previously by Tom Schneider. Please contact me at your convenience if I can offer any additional assistance. I can be reached at the direct - dial number indicated below. I can also receive facsimile transmissions at (3 17) 685 -7222 or 685 -7269 and email at rhorkay@sdgconnect.com. Sincerely, Robert L. Horkay Tenant Coordinator Direct Dial (317) 263 -7916 Copy: Tisha Anspach, Mary Bennett, Aaron Cohen, Mr. Neil Faggan (via Airborne/ Next Morning - THE CORE GROUP, 242 N. 22nd Street, l st Floor, Philadelphia, PA 19103, 215/665- 8900), Nena Hinricks, Eddie Latessa , Tom Schneider, Mike Sharp, Site Office (Ron Grabill/ Don Klink), Tom Winterburn, Tenant File. Central Files F:`,TtiNCOR CENTERS 0 303 (HIGR00?.Doc NATIONAL CITY CENTER o POST OFFICE BOX 703.3 o INDIANAPOLIS, INDIANA o 46207 o 317- 636 -1600 China Grill Cafe And Zen SumTM The Shops at Sunset Place South Miami, Florida (Proposed) The company that has brought South Florida, China Grill"I and its newest siblings, Tuscan Steak and Red Square, desires to introduce its latest concept, China Grill Cafe And Zen SumTri to the South Miami area. This new Cafe presently is planned to open at the Las Olas Riverfront project in Fort Lauderdale, at the Aventura Mall expansion, at CityPlace in West Palm Beach and at Mandalay Bay in Las Vegas, Nevada. The new China Grill Cafe will feature China Grill's signature " Vorld Cuisine" in a cafe concept which incorporates new menu items at prices significantly below those charged at Miami Beach's China Grill. Although the cuisine will be similar, in that it will embody ingredients from around the world, the new menu will push the envelope of traditional cafe offerings. The focus will continue to be on preparing every dish on grills or in woks with saucing strictly for flavor. The Cafe will add, however, satays, dumplings, grilled pizzas, hot pots, noodles, rotisserie and other menu items suitable for the diner interested in getting a quick bite to eat in a casual, yet striking environment. While many of the food portions are generous, artfully and dramatically presented, and meant to be shared family style as is done in the other China Grill restaurants, customers at the China Grill Cafe will have the flexibility of ordering smaller portions consistent with the cafe -type setting which will be able to accommodate single customers or small groups. A full, sit -down bar and cocktail lounge serving liquor and other China Grill signature drinks during all hours of operations is contemplated. 05/06/98 Pagel of 5 From a visual perspective, the Cafe is being designed to extend China Grill's concept of culinary theatre. These cafes will incorporate many new visual and dining features guaranteed to be the tall: of the town. Each Cafe takes the open, exhibition kitchen for which China Grill is world famous and adds video and robotic elements designed to enhance the dining experience. Throughout the restaurant, there will be video cameras capturing the essence of the China Grill experience and transmitting these vignettes live throughout the restaurant. There will be a huge video wall capable of showing seven different images or feeds, as well as video monitors strategically- placed in other areas of the restaurant, including the bathroom facilities, so that every diner gets the imagery of the China Grill experience. In addition to the video and audio components of the new Cafe, China Grill intends to take cafe dining to new culinary levels by introducing in addition to its regular waiter service, satay grill and dim sum exhibition cooking areas surrounded by conveyor belts and robots capable of delivering the just - cooked food items directly to the customer, on small plates with translucent covers. No more waiting for your server to deliver your food. Now, if you see it and want it, you have the option of reaching out and grabbing your food selection. And, for those not seated by the exhibition cooking areas, uniquely designed robotic carts will circulate throughout the restaurant with these food items and drinks for the customer's immediate gratification. In the spirit of China Grill, these Zen -like robots will interact with diners, while simultaneously transmitting the video and sound images to the video monitors placed throughout the restaurant. While others have tried to adopt the style, China Grill still holds its position as the original, thanks to its mission to keep Vorld Cuisine more fission than fusion, more constant and bold inventiveness than just a simple blending of 05/06/98 Page 2 of 5 R cuisines. This inventiveness is being extended to China Grill's new cafe concept in an effort to make the China Grill experience more accessible for the South Miami public and more convenient for those diners interested in eating while experiencing the shopping and entertainment of The Shops at Sunset Place. Attached is a synopsis of certain operational issues unique to this project. 05/06/98 Page 3 of 5 OPERATIONAL SYNOPSIS OF CHINA GRILL CAFE AND ZEN SUMrr" AT THE SHOPS AT SUNSET PLACE, SOUTH MIAMI, FL Seats: Each cafe is being desimed to accommodate not less than 200 indoor seats, including bar and satay grill seating. In addition, there will be outdoor seating adjacent to the restaurant. Prices: Projected average meal cost per person, including liquor (tax and gratuity additional): Lunch: $12.00 - $15.00 per person* Dinner: $25.00 - $30.00 per person Combined: $22.00 per person *For the proposed South Miami location, we anticipate adding food service and items conducive to individual patrons shopping or enjoying the entertainment at The Shops at Sunset. Attire: Business, casual, stylish. Hours: Continuous service from 11:30 a.m. — 2:00 a.m. seven days per week or such later time as the other restaurant and cocktail operations at The Shops at Sunset Place close and in all cases subject to applicable liquor license approvals. 05/06/98 Page 4 of 5 W Employees (Projected): Number of Employees in Total: Approximately 120 -150 Number of Employees on Site Per Shift: Approximately 40- 60 Number of Shifts Per Day (Lunch /Dinner): Two Number of Employees on Site Per Day: Approximately 100 -120 Employees by Category: Wait Staff Per Shift: Approximately 15 Back of House Per Shift: Approximately 25 Front of House Per Shift: Approximately 15 Cleaning Crew: Approximately 5* Employee Profile: China Grill traditionally hires local personnel and has established a strong base of employees in the South Florida area. 05/06/98 Page 5 of 5 or + t� ~d U1 e— 0 y L J d O pig 0c -j-D \ ocvm3 rt (D o m3 S 7 Oc + �Oc � • \ O O c: n3 m CAYJD// ?7 0 CD a 0 CA W CA y rk v _�•' b W� o=000 o � 0 � o c� �D rD +jig a. 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' CD it t Cj) cn C") CD ca U- CD cn 0 CS C) CO) CD 020 CD CD co CD cr) =r 0 _0 cn C/) =3 cn CD C-) CD vo _T731 C. 4 il —7711 ly it LA Ul: 41 "I MMMO A A/ Li k, gm LL- uf all I iq lij "li jj! e 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, August 4, 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 C: FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT GENERAL," PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAN REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL PROVIDING FOR AN EFFECTIVE DATE. CTY OF SOUTH MIAMI, FOR A "RESTAURANT, D DEVELOPMENT CODE, TENANT SPACE C18, DESCRIPTION; AND, 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 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. - -- MAILING AREA - -- i APPLICANT: China Grill Cafe Sunset, Inc. OWNER: BAKERY ASSOCIATES, LTD NORTH ADDRESS: HEARING NUMBER: 5701 SUNSET DRIVE PB 98 -013 REQUEST: DATE: SPECIAL USE PERMIT FOR A GENERAL AUGUST 4, 1998 RESTAURANT CITY OF SOUTH MIAMI CITY COMMISSION SUMMARY MINUTES SPECIAL MEETING Planning Board Tuesday, June 30, 1998 City Commission Chambers 7:30 PM I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order at 7:30 p.m. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Basu, Mr. Wiscombe, and Mr. Huggins (arrived 7:40 p.m.) B. Board member absent 1. Mr. Lefley C. City staff present 1. Gregory J. Oravec (Acting Director, Planning & Zoning); David Struder (Board Secretary) III. Public Hearings A. ITEM: PB -98 -013 Applicant: China Grill Cafe Sunset, 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 C 18 South Miami, Florida 33143 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum entitled Request PB Min 06 -30 -98 1 for Special Use China Grill. 3. Staff noted that the City Commission had approved 61, 250 square feet of restaurant space for the Shops and that the Planning Board had approved 34, 147 square feet of the total thus far. 4. Staff related details of the application, including the proposed area of the restaurant as 6,551 square feet, providing sufficient seating for 300 customers located both inside and outside of the restaurant. 5. Staff further noted there will be "extensive" outdoor seating /dining that would create and enhance a pedestrian atmosphere on Sunset Drive. 6. Mr. Neil Faggen signed in to speak as the representative for China Grill Cafe Sunset, Inc., noting that the company has "carried forward" to the Shops the caf6 concept being established at other South Florida locations, including the Riverwalk complex in Fort Lauderdale and the Aventura Mall expansion in north Dade. 7. Mr. Faggen continued by explaining that, with various features proposed for the Shops location, such as a robot element and a video wall element, an "upscale, exciting cafe concept" will be created. 8. In response to Mr. Morton's inquiry, Mr. Faggen commented on the anticipated "shared" restroom facilities, specifically sink and powder areas and he explained that this has become a "signature" element of China Grill establishments, including China Grill -Miami Beach. 9. Mr. Carl Levin, of the Zvscovich firm, spoke as a second representative, elaborating on the proposed restrooms, noting that the shared areas will be located between the men's and women's lavatories. 10. In regard to Mr. Basu's inquiry regarding the caf6's unique elements, both representatives explained the functioning of these features, including the placing and choosing of food orders on and from a conveyor belt. 11. Mr. Fagan continued by relating details of another feature of the restaurant, namely that of the "table of 30 ", an element that encourages camaraderie discussion among customers 12. Mr. Pages complimented the applicant on its inclusion of an extensive outdoor seating /dining area, and the Board concurred that it was pleased with the outdoor seating /dining proposal. 13. Public hearing was opened. 14. There being no one wishing to speak for or against the item, the public hearing was closed. 15. Motion: Mr. Basu moved approval of the application as presented. Mr. Wiscombe seconded PB Min 06 -30 -98 2 the motion. 16. Vote: Approved: 6 Opposed: 0 IV. Telecommunications Towers 1. Staff presented the item to the Board, stating that additional material had been provided in the Board's informational packet for review on the subject. 3. Staff noted that tonight's meeting was an opportunity to further consider the topic of telecommunications towers, following consideration of the subject matter at the City Commission/Planning Board workshop held on June 23, 1998. 4. Staff related ideas for the Board to consider in relation to the topic, including where towers are to be placed, what zoning districts are appropriate for their placement, what kind of towers will be permitted in these zoning districts, and what will be the cap regarding the number and height of erected towers. 5. The Board and staff began its discussion of the matter. a. Mr. Wiscombe concurred that an important consideration involves where and what kind of towers will be allowed, in order to render them as unobtrusive as possible. 7. Staff responded that visibility and obtrusiveness are important details for the Board to consider in developing a City of South Miami ordinance relating to telecommunication towers. 8. Staff suggested that, as members of the Board continue to work on developing an ordinance for the City, they forward comments and recommendations to staff for incorporation into a model document. 9. Mr. Carl Levin, of the Zvscovich firm, spoke as a second representative, elaborating on the proposed restrooms, noting that the shared areas will be located between the men's and women's lavatories. 10. In regard to Mr. Basu's inquiry regarding the cafe's unique elements, both representatives explained the functioning of these features, including the placing and choosing of food orders on and from a conveyor belt. 11. Mr. Fagan continued by relating details of another feature of the restaurant, namely that of the "table of 30 ", an element that encourages camaraderie discussion among customers 12. Mr. Pages complimented the applicant on its inclusion of an extensive outdoor seating /dining area, and the Board concurred that it was pleased with the outdoor seating /dining proposal. PB Min 06 -30 -98 3 Z CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: July 31, 1998 Agenda Item # From: Charles D. Scurr Re: Comm. Mtg. 08/06/98 City Manager Convenience 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, CONVENIENCE," AS SPECIFIED IN § 20- 3.4(B)(4)(a) OF THE LAND DEVELOPMENT CODE, REGARDING PROPERTY LOCATED AT 5796 BIRD ROAD, SOUTH MIAMI, FLORIDA 33155. C ORC6101 ►"D The applicant, Ho Pan Yao, Inc., is requesting a special use permit in order to operate a Chinese takeout restaurant, to be named at a later date, on the property located at 5796 Bird Road. According to the City of South Miami's occupational license records, the subject location operated as a Chinese takeout restaurant, known as the Golden Corner, from 1986 -1997. Thus, the applicant wishes to renew a use, which has occupied the subject location for a number of years. The restaurant would occupy 675 square feet, as evidenced by the attached floor plan, and would provide takeout and delivery service with no interior seating. The proposed hours of operation are 11 a.m. to 10 p.m. daily. The definition of Convenience Restaurant, special use conditions for all uses, and specific conditions for Convenience Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, convenience. 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 is that of a fast-food or drive -in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally City Manager's Report: Bird Road Convenience Restaurant served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with City Commission approval. The proposed use is located in the "GR" General Retail zoning district. A "restaurant, convenience" is permitted, pursuant to special use approval, as indicated under Section 20 -3.3 of the Land Development Code. 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 40 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. (B) Special Requirements [from Section 20 -3.4; found on page 41 of the Land Development Code] (4) RESTAURANTS (a) RESTAURANT, CONVENIENCE i. No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Public streets, rights -of -way, sidewalks, and required setbacks may not be used for patio or street -side services of any kind. ii. The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit. ANALYSIS: The applicant proposes to renew a use which has been occurring at the subject location for at least the last decade. Therefore, staff believes that the requested special use complies with the City Manager's Report: Bird Road Convenience Restaurant 2 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 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 (13)(1)(c)]. On July 14, 1998, the Planning Board voted 5:0 to recommend approval of the request with the condition that the two dumpsters on the site be enclosed. COMPREHENSIVE PLAN This application does not conflict with the Comprehensive Plan. RECOMMENDATION: Staff recommends approval with the condition that the dumpsters on the site be enclosed per Section 20- 3.6(R) of the Land Development Code. Attachments: Letter of Intent Excerpt of Contract with property owner Reduced Site Plan Advertisement for publication and advertisement Mailing Map Excerpt of Planning Board Minutes from July 14, 1998 Chinese Res PB- 98- 014.doc City Manager's Report: Bird Road Convenience Restaurant 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, CONVENIENCE," AS SPECIFIED IN § 20-3.4 (B) (4) (a) OF THE LAND DEVELOPMENT CODE, REGARDING PROPERTY LOCATED AT 5796 BIRD ROAD, SOUTH MIAMI, FLORIDA 33155. WHEREAS, the subject property is located at 5796 Bird Road, South Miami, Florida, 33155, and is legally described as follows: Lots 1 and 2, of Block 2, of the "Westerfield Manor Sections 1 & 2" Subdivision, according to the plat thereof, as recorded in Plat Book 18 at Page 47 of the Public Records of Miami -Dade County, Florida; and, WHEREAS, Ho Pan Yao, Incorporated, submitted an application requesting a Special Use Permit, in order to operate a "Restaurant, Convenience," as specified under sub - Section 20- 3.4 (B) (4) (a) of the Land Development Code; and, WHEREAS, subject property is located in the "GR" General Retail zoning district, which permits "Restaurant, Convenience" as a special use, pursuant to applicable conditions; and, WHEREAS, the applicant submitted a copy of the lease between the applicant and property owner, demonstrating the property owner's approval of the use; and, WHEREAS, the Planning staff has recommended approval of the application for a Special Use Permit with the condition that the dumpsters on the property are properly enclosed pursuant to Section 20 -3.6 (R)of the South Miami Land Development Code, basing the recommendation upon (a) the merits of the application as it directly relates to specific requirements in the Land Development Code and (b) consistency with the City's adopted Comprehensive Plan; and, WHEREAS, on July 14, 1998, the Planning Board voted 5:0 to recommend approval of the Special Use Permit with the condition that the applicant enclose the dumpsters on the property; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION Public Hearing August 4, 1998: Bird Road Convenience Restaurant 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 46 47 48 OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by Ho Pan Yao, Incorporated, requesting a Special Use Permit to operate a "Restaurant, Convenience" as specified in Section 20- 3.4(B)(4)(a) of the City's Land Development Code, is hereby granted with the condition that the applicant enclose the dumpsters pursuant to Section 20- 3.6(R)of the South Miami Land Development Code. Section 2. This approval is subject to and dependent upon the restriction and limitation of the "Restaurant, Convenience" use to 5796 Bird Road, as indicated in the submitted floor plan. 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 4th day of August, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 5796 Bird Road Chinese Takeout Res.doc Public Hearing August 4, 1998: Bird Road Convenience Restaurant 2 T q ttl r J` %o C iz i �/ Lo C rd -c Z -r % cl 6 -4T, , J ►� 1`( ��STAcr�'� f �uS��Z -S �,� 7c; l,UG2 Ay (hit SI^1 CL,L` i BUSINESS LEASE THIS AGREEMENT, entered into this 'Irr3 day of June , 1998, between: PATRICIA L. BLACK, TRUSTEE, of the PATRICIA L. BLACK TRUST hereinafter called the LANDLORD, party of the first part, and HO Pan Yao Inc., a Florida corporation, Wayne Michael LOuk each of whom shall be` •severably liable for the performance of this agreement, hereinafter'-called the TENANT, parties of the second part: 'PI TNESSETH, That the said Landlord Tenant, and said Tenant does hereby hire Landlord: Retail Store at 5796 Bird Trailing address: 5796 Bird Road, Miami, The Tenant shall.be entitled spaces, but not more, in the rear of the does this day lease unto said .and take as Tenant under said Road, Miami, Florida with the Florida 33155, hereafter "Unit to the use of two (2) parking building. Situateld in Metro Dade County, in the State of Florida, to be used and occupied by the Tenant as a CHINESE TAKE OUT RESTAURAN''T, and for no other purposes or uses whatsoever, for the term of 3 Years, subject to and conditioned to the provisions of this 1e,ase beginning on theist day of June 1st199 $ and ending on the 31st day of Ma -y, 2001 for- the agreed total R= of Twenty Seven Thousand DOLLARS, hereafter referred to as the "Base Rent ". $500.00 monthly 1st year 50.00 monthly 2nd yr/ $900.00 monthly 3rd yr. TERMS AND CONDITIONS In addition to the above base rent, Tenant will pay any and all -sales and use tax levied on such lease c.r property and shall pay in addition all charges for electricity, water, sewage or of a similar nature whether levied on the business or property. In addition to the above, Tenant shall pay all Property Tax Adjustments, and any insurance increases, plus any increases as provided for in paragraphs 27 and 28. These adjustments, if applied, shall be paid on the first day of each month that it is applicable to. All payments to be made to the Landlord on the first day of each and every month in advance without demand at the office of PATRICIA L. BLACK, TRUSTEE P. 0. Box 561071 2:ia.mi, Florida 33156 -1071 or at such other place and to such other person as the Landlord may From time to time designate in writing. Landlord's Initials 7; 1 Tenant's ,/ - �nt I ? /->U N+ S Initials "V Im. ANGEL NOEL H. LAMELA 6 LICENSE N,. A R C H I T E C T ell& ho. Ao -f 5.Mlt�Nij FL. LICENSE OOD9570 • I T4151 LEANING NNE DRIVE ..-H74 ellor MIAMI LAKES. E.ORIDA J.7014 1A � CITY OF SOUTH MIAMI Nff 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, August 4, 1998, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, CONVENIENCE," AS SPECIFIED IN § 20-3.4(B) (4) (a) OF THE LAND DEVELOPMENT CODE, REGARDING PROPERTY LOCATED AT 5796 BIRD ROAD, SOUTH MIAMI, FLORIDA 33155. 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 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. H. son RNIMP moCOaQavaoae, aaAao �� VICOQQ922000 ENRON mocovoavaov dennee�ee • Cwr... CORK 1 �r �u • . • + r� y .i I • .t I 1 it n C- JI f •O� �� ROAD -- I �ry - -- MAILING AREA - -- �i�i�� iii N i v s. • rye • r•ar can.. L• v I q . Q I .r APPLICANT: HO PAN YAO, INC. OWNER: Patricia Black Trust. NORTH ADDRESS: HEARING NUMBER: 5796 Bird Road PB -98 -014 I! REQUEST: DATE: Special Use Permit for a Convenience Restaurant July 14, 1998 CITY OF SOUTH MIAMI PLANNING BOARD mocovoavaov dennee�ee • Cwr... CORK 1 �r �u • . • + r� y .i I • .t I 1 it n C- JI f •O� �� ROAD -- I �ry - -- MAILING AREA - -- �i�i�� iii N i v s. • rye • r•ar can.. L• v I q . Q I .r APPLICANT: HO PAN YAO, INC. OWNER: Patricia Black Trust. NORTH ADDRESS: HEARING NUMBER: 5796 Bird Road PB -98 -014 I! REQUEST: DATE: Special Use Permit for a Convenience Restaurant July 14, 1998 CITY OF SOUTH MIAMI PLANNING BOARD dennee�ee • Cwr... CORK 1 �r �u • . • + r� y .i I • .t I 1 it n C- JI f •O� �� ROAD -- I �ry - -- MAILING AREA - -- �i�i�� iii N i v s. • rye • r•ar can.. L• v I q . Q I .r APPLICANT: HO PAN YAO, INC. OWNER: Patricia Black Trust. NORTH ADDRESS: HEARING NUMBER: 5796 Bird Road PB -98 -014 I! REQUEST: DATE: Special Use Permit for a Convenience Restaurant July 14, 1998 CITY OF SOUTH MIAMI PLANNING BOARD APPLICANT: HO PAN YAO, INC. OWNER: Patricia Black Trust. NORTH ADDRESS: HEARING NUMBER: 5796 Bird Road PB -98 -014 I! REQUEST: DATE: Special Use Permit for a Convenience Restaurant July 14, 1998 CITY OF SOUTH MIAMI PLANNING BOARD SUMMARY MINUTES SPECIAL MEETING Planning Board Monday, July, 14,1998 City Commission Chambers 7:30 PM I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order at 7:36 p.m. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Basu, and Mr. Huggins B. Board members absent 1. Mr. Lefley 2. Mr. Wiscombe C. City staff present 1. Gregory J. Oravec (Acting Director, Planning & Zoning) and Charles D. Scurr (City Manager) III. Public Hearings A. ITEM: PB -98 -014 Applicant: Ho Pan Yao, Inc. Request: A Special Use Permit for a "Restaurant, Convenience" in the hometown district as specified in § 20- 3.4(13)(4)(a) of the Land Development Code. Location: 5796 Bird Road South Miami, Florida 33155 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum regarding the Special Use Permit for Ho Pan Yao, Inc. PB Min 07 -14 -98 1 3. Staff recommended approval of permit so long as the applicant complied with certain requirements, such as improvements in the parking lot, enclosing of two dumpsters, and painting and repairing of a CBS wall. 4. Staff described the site as a delivery and carryout restaurant of 675 square feet with no sit - down eating area and pointed out the site's lengthy history as a restaurant. 5. Staff also noted that the request complies with all other provisions of the Land Development Code and Comprehensive Plan. 6. Mr. Pages requested that the applicant once again hear the provisions under which he would be granted his license for the sake of clarity. 7. The applicant had no problem with the staff recommendations at this point, but soon expressed concern about the breadth of the improvements necessary to meet the staff's provisions. 8. Mr. Morton asked who would determine compliance of the provisions. 9. Mr. Oravec responded that the Planning and Zoning staff would determine compliance. 10. Ms. Chimelis stressed that it was important to make a distinction between the responsibilities of the owner of the strip mall and those of the lessee /applicant. 11. Ms. Chimelis said that the provisions for improvement should be restricted to those that the applicant is directly responsible for and capable of accomplishing. 12. Public hearing was opened. 13. Mr. de la Garza from the audience said he knew the previous owners of the establishment and commended the applicant on his venture to take over the restaurant. 14. Mr. Pages asked if anyone else wished to speak; no one did, so the public hearing was closed. 15. The meeting then opened for discussion. 16. Mr. Basu said that the wall is a code violation, but that it should be the duty of the owner to repair. 17. Staff re- stated that the dumpsters needed to be enclosed, but that the improvements on the parking lot were only posed for consideration, as a delivery restaurant would create an increase in the flow of traffic. 18. Motion: Mr. Basu moved approval of the application requested with the condition that the PB Min 07 -14 -98 2 applicant enclose the dumpster, and he recommended that staff address the owner of the strip mall concerning the parking lot and the wall. Mr. Morton seconded. 19. Ms. Chimelis remarked on the need for a "No Parking" sign on the side of the establishment for safety. 20. Staff agreed that they would be in communication with public works and parking to ensure safe conditions. 21. Vote: Approved: 5 Opposed: 0 (B) ITEM: PB -98 -015 Applicant: Local Planning Agency Request: A public hearing regarding the amendment of the Comprehensive Plan to include interim policies as required by the Stipulated Settlement Agreement between the City of South Miami and the Florida Department of Community Affairs. 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board. 3. Mr. Pages called a 5- minute recess because of break of quorum. 4. The meeting resumed. 5. Staff continued the presentation, which included the issues of mixed -use land, transportation, and affordable housing as items that still needed to be fulfilled for the state to approve the proposal. 6. Mr. Basu pointed out that what the state is requiring is additional language and analyses, nothing substantial. 7. Staff added that the requirement for a specific number of affordable housing units to be built was a difficult task considering the area is already built out. 8. Ms. Chimelis affirmed that it would be difficult to reach compliance with a staff of one. 9. Staff said that there was money budgeted for consultants to help in this process. 10. Mr. Basu reminded the board that the requirements for the state would in no way change the City or improve it, they are just numbers the state needs to pass approval. 11. Public hearing was opened. PB Min 07 -14 -98 3 r CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Charles Scurr, City Manager From: Earl G. Gallop Date: July 31, 1998 /6 Re: Resolution relating to human rights Proposed resolution. The proposed resolution endorses a proposed human rights amendment to the Miami -Dade County Code. The county ordinance would amend existing prohibitions against discrimination based on race, color, religion, ancestry, national origin, sex, pregnancy, age, disability and marital or familial status, to include sexual orientation as a protected class. The prohibition concerns discrimination in the areas of employment, family leave, public accommodations, credit and financing practices, and housing. The proposed county amendment was withdrawn from consideration. The objective of the proposed resolution is to encourage the county commission agenda to place the matter on the agenda for further deliberation. A copy of the proposed amendment to the county code is attached. The resolution is sponsored by Commissioner Mary Scott Russell. 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HUMAN RIGHTS; 6 ENDORSING THE PROPOSED HUMAN RIGHTS AMENDMENT TO THE 7 MIAMI -DADE COUNTY CODE; PROVIDING AN EFFECTIVE DATE s 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami are 11 committed to the traditional and fundamental values of fairness and equality, and to the 12 principle that all persons shall be treated fairly and without discrimination in employment, 13 public accommodations, credit and financing practices, and housing accommodations; and, 14 15 WHEREAS, the Mayor and City Commission of the City of South Miami share a 16 deep and fundamental respect for the diversity of the community within its boundaries and 17 within the boundaries of Miami -Dade County, and supports endeavors to ensure equal 18 opportunity to all members of the community; and, 19 20 WHEREAS, the Mayor and City Commission of the City of South Miami agree with, 21 and support, the fundamental principle that an individual's ability should not be measured 22 by, nor should an individual be discriminated against because of his or her race, color, 23 religion, ancestry, national origin, sex, sexual orientation, pregnancy, age, disability, marital 24 status or familial status; and, 25 26 WHEREAS, the Code of Miami -Dade County prohibits discrimination on the basis 27 of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital 28 status or familial status in employment, family leave, public accommodations, credit and 29 financing practices and housing accommodations. 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 of South Miami endorses the proposed Human Rights 35 Ordinance, a copy of which is annexed and made a part of this resolution, that will amend 36 the Code of Miami -Dade County by prohibiting discrimination on the basis of sexual 37 orientation in employment, family leave, public accommodations, credit and financing 38 practices and housing accommodations. 39 40 Section 2. This resolution shall take effect immediately upon approval. 41 1 PASSED AND ADOPTED this day of _ 1998. 2 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 lo READ AND APPROVED AS TO FORM: 11 12 13 CITY ATTORNEY 14 15 16 17 18 \ \DELL 6100\ Data \EGallop \Csinord- res\human rights amendment res.doc APPROVED: MAYOR r+*+. ,0 JAN 23 '98 07'46AM FEc PARSEC MIAMI Approved mayor. Veto Override P.8 Agea k Item 140. 9 (M) 6- 7.7�9i ORDINANCE AMB:iAMG ARTICLES I t Ill III AND TV OF CHMIM 11A OF TU CODE OF URMPOLXTAN Dug CdMM TO pROBISIT 018CRININATICN BASSO ON SMMAL ORIENTATYON IN ROUSINC, OMIT MV FINANCE, Punic 1 CM.8 ANA AMMaYIGM; AIGMING ARTTCId4 VY P- MTZNG TO THE OFFICE OF FAIR XWL0VMM P RAC'TIcLB To RIQUIRN MT PMXTAN MDE COUNTY TO PROMS EQUAL t:iMAYKBNT OPPORTMITY NM OUT RROM TO MVAL ORSXITATZON p PROVXDlM SAVINGS CL&USE, SEV9MILITY, I)4CWGZOK IN THE CODS, AND AN BFFFC"TIVE DATE. NOW 192REP M BE :T OMAItdED BY THE BOARD OV COUNTY COMUSSIONERS OF DAD E' COUNTY, FLMI)A: Bmatlah 1. Chapter 11A of the Coda of Mtropalitan Dade county shall be amended as f'ollcm : l Ci'ii1 TXR 11A DI$Ci ININATION Article x. GEWZM PROVISIONS 9eo. 13A -1. D"laretion of policy and scope. (1) pol. cy. It is hereby declared to be the policyy of Cade County, in the exorcise of its Police power for the public safety, health and general welfaro, to eliminate and prevent discrimination in employment, family leave, - - public accommodaticts, credit and financing ' Words strkken through " be deWed. Underscored words comthute fine amendroat proposed. Remaining provMons are not in effect sAd mnain undwWd. *0wt00 AMMT1 SAM Ed WH02:80 866T zz °Uef 'ON BNOHd A : W0('�d .{-- JM1V Cd •�� }fir:469M FEC PAPSEC MIAMI P•3 A,BOWN UM NQ, 9 tx Page 2 Practices, and housing accomma"tionm because of rate, corer, religion, at"stry, national origgin, sore, pregnancy, age, disabilityr marital status, Ito*]]familial status or �►� Rowel ar,lgntation. tt � e � 9esv..11h -2. Deffnitio". The definitions sat set herein shall apply to Articles ZI, IIIr IV and V. (S) -Discrimination" shall mean any difference, distinction or preferonc* in treatment, access or impact because of racer color, Yellgion, anoestry, national origin, sex, Pxegmweyo age, dLeability, marital vtatus :i[ ]7 familial status >>gr weal w4-4-6jW<< which is prohibited by this chapter. � i a »,„� � al OY'ia*±tationa real . cr tierce vead.. +c< AR=CLZ rZ. DOUSING. * � a Sec. 11A -12. VnIaLvful housing praetfae s. (1) Discsitaination in the sale or rental of housing and other probibited practices. it shall be Unlawful for any person, owner, financial institution, real estate broker, real osctate agent of any representative of the above to engage in any of the fallowing acts because of races, ,color, religion, national s art..nM 5 Td WHTZ:80 8662 1Z Uer ON 3NOHd 'k WOJd r �Niy ca 'WU OY!47RM FEC PARSEC MIP(JI P.4 Asawa It= No. 9 (x ) PW 3 origin, age, sex, preqnancyo disability, marital estatue: f,) familial status > >= at d Prospective buy=$ renter, ].ease* or any person associated with a prospective buyer, renter or lessee, (J) To dixoatly . or indirectly seduce or attempt to inducts for profit, the sale, prw haae, rental, ].ease or the listing for any of the above, of any dxelling by representing that the pzwencs or antiaipatea presertae of a perk naor asp�acular race, color, rol,igion, national origin, g �`e [ tort familial at+ntu$, marital status >�br a._.; l ° .19,c will or may result in blovkbusting. aUOR as but not limited. to., the areal or W the I&wering of property values its (if) an increase in criminal or antisocial behavior in the arses or (iii) a decline in the quality of the schools or other services or facilities, in the area,* or re w M Sad. 13A -13 Exomptiont to Un%awful Housing Practic @A. i 1l Private Individual owner. article eshalll g , The not app yto the rontalf lease ore "14 or moats or units In a dwelling containing living quarters occupied or intended to be Occupied by no more than four fdiniliea living independently of one another if the owner actually maintaina and ocouplos one of the living quarters as his or her residence. (b) The provisions of this article shall not apply to any private individual owner who sells or e0l". rants a single - family dwalling whoa the following conditioner exist: C- %V AA, / 0 bd WUTE :80 8661 LZ 'upr : 'ON BNOHd A W06_. 10--, rte^ TAN 23 198 a7, 4eAM FEC PARSEC M�AM P15 Agcmda Item N J, 9 (M) Pale 4 (f) Um private individual owner does not corn mare than three such sinciie fanny houses at any one time, and (ii) in the case of the sale or any such single tMily house by a private individual owner not residing tot such bous e- at the tine of the sale, the eta mption granted by this asWmw4;tivn shall apply ashy with respect to one mesh sale within any tMetcty -tour monde ;cried; and (iii) the private individual owner does not awn any interest in, Utle to or any right to all or a pardon of the proceeds from the sale or rental of more than threes such single family houses at any one time; and (iv) the male or recital of any such single family residence occurs without the use of sales or rental taoilitiee or wrrvi4ws ce any real estate agent, broker or saleasperson or his or her employee or agent or any, person in the business of scIUM or renting dwellinge anal witiumt the publication, posGin j or mailing, a tter notice of any adveartiseant or vritten notice in violation of this article. However, nothing in this stibsQCtion $hall prohibit the use of attorneys, escrow agents, abotraictors, title companies aft other such professional assistance as necessary to perfect or transfer the title. artivto)oxiReligious Organization, Nothing in this association, society raany non-pr fit institution y �► profit institution or organization operated, supervised or controlled by or in conjunction with a religion argaanisatlon, association, or society, frova limiting the sal¢, rental, or occupancy of dwellings which it owns or operates for other than a oo=wresial purpose to persons of the came religiose or from jiving preference to such person, unless that religious organisation, association, or society restrict* membership based an race, color, national origin$ ancestry, or disability, (�) Private Club. Nothing in this article shall prohibit a private oiub not in fact open to they public, which as an incident to its primary urpose or purposes, provides lodgings wbiah �t owns or operates for other than a ooa*roiaX purpose, from limiting the C TI'mm rN Sd WUFC :80 866T LE 'ulet : 'ON 2NOHd -, : WOyd JAN 23 '98 07 =4WO FCC FARMC MIRMI rental = occupancy of such lodgings to its members or from giving preference to its members# (d) rurni mb i.ng appraisers . Wathing in this article prohibits a perem UWaged In the business of furnishing Appraisals or. real praperty fr%m taking into consideration factor* other than race, color, religion, Sex, disability, familial status, marital atatus, I10$11 national origin c4C ARTICLE M. PUSUC ACCOMM ODA17O dS Sea. 11A -i4. Unlawful public aoaomosodations practices. it Shall be an unlawful practice !or any person to angage is any of the fallowing acts because of race, color, religion, ancestry, national arfgint age, sax, ptegrancy, disability, marital status, t(og]3 familial stall >> or asxvai orient tier, ca of any individual or. of any parson'aasoofated with that individual. s * # section 13A -22 EMMptions to tWaaVKul public accommodations pracxticas (1) The provisions of this article shall not apply to a club or oth establishment not in fact open to the public which proves'it is jet its nature distinatly Private exempt as provided below. (5) Nothing in this chapter shall apply with respect to a religious organisaktio7n, assoo ation, society.or. any. non - profit Institution or organization operated, supervised or controlled by or irk conjunction with any such grotto. from limiting its goods, . 9d WKE :80 866T ZE 'islet 'ON 6NOHd A : W08_� .4- JRN 23`98 07.49AM F'EC PRR5EC MIAMI r.'r Asank Ian No. 9 t M? Pane +6 foCilities, servicas , privflages or advantages to peroons of the same religion or from givinq preference to anp such person; however, that sel3gious organiaatiOn, 4asociation or society shall not restrict meembenftip based on race, color, national origin, ancestry or disability. + ar �► ARTICLI IV. ZMMYXM. 8e0. IXA -25. Definitions. The definitions Set, 'ont in section 111 -2 shall apply to this article in addition to the definitions set forth below. An used in this articlat (2) "Uployesrn shall mean any person who in the regular Course of business has five (5) or More am*loyaes in Dada County, in each at fogr (4) or more oalender weeks in the current calendar year and any agent, acting nans"r, contractor or 044.9ndar year and any agent, acting. manager, contractor or subcontractor of such person r but such term doom not include (a) The united States or a corporation wholly owned by the government of the united States; or (b) The Estate of Florida; or (c) Metropolitan Dade County; or (d) An Indian Tribe; or (e) A bona fide private membership Qlub. Sea. i2A -26. Unlavful employment practices. (1) It $bell be unlawful for any employer to engage, in cry practices described below on &acount of the race, color, religion, ancestry, national origin, age, sax, pregnancy, disability, marital status, [[Of]] familial status >�- or axu&X_ caewsebccuuao�.,e�in,.r� Zd wu2z : eo e66T LZ ' U e f ON �NOHd ,�- h : w06A elo". TAN 23 '98 07 *50AM FEC i'ARMC MIAM? R.8 5 Item No. Pala 7 Or.4dMtA&jP10 <e of any individual or of any person asMooLated with that Individual. (p) , It MUM be unlawtul for my eMloya wlt aq-- F or company pxvvidinq employees to engage in MW of the practices described below on saac mt of any isidividuai's ramp color, religion, ancae��tt'��'�y, national origin, age; sox zeg — eye disability# marital status, xvaz s�rnai Pitt for a(labort a�nis:►ti tolsMfZtiaO l meat practice ngag any of the practices described below on aocount of any individuals racist oalor, religion, ancestry, national origin, age, sex, pregnancy, disalaility, marital status, [ C0*1 I familial status »Qr p.a=al - 2ELORtati AM fit (5) w4 mptions to unlawful employment practices. Haig article] it shall notnbepan unlawful employment of practice :P ay�mGnt (i) for a school, collage, University, or other. educational institution ar institution of learning to hire and Weloy individuals of a particular religion if; such arohool, college, univeraity, or offer educational institution or institution of leastsias 3e, ip wbote or in substantial pars, owned, supported, controlled or managed by a particular religion.or by a particular religious corporation, aaeociation or society, or if the curriculum of such school, seepage, university or other educational institution of learning is directed toward the propagation of a particular religion and; the rmployamant opportunity sought by the employee or applicant is directly or indirectly related propagating that religion, &MMCocMaA =Mftr.ww Od WUV2:80 8665 ZZ 'Uef 'ON 3NOHd J. W06d ,TAN 2;3 198 W: WAM FCC PARSEC MIAMI P.9 Armada Itom No. 9 ( fit) Page 8 (it) for an employer to hire and employ indiv duals, for an emplalamt aga»oy to classify or rotor for employment any individual, for a lam organisation to olaasifyr its aembership or to classify or refer for employment any individual, or for an exp4over, lam yrq aioation, or joint labor -sa�tntagqe�estt Qoaeti a contrallinq apprenticeship or am" traLning or retraining programs to, emit or employ MW individual in any swab progr=t on the bofs of bits or bar religion, sox or national origin in t woo certain instances wbere religion, apex or na�tioml., origin in a bona tide ovavpational qualifiaatw W"463'My necessary to the notanl Operation of that particular business or enternrf se. a� '! t�> > v _ nnth 4 ftff in e"l". (Lit) for any employer to apply different standards of canyonsation, or different term, conditions, benefits, privileges of empi -am nt pursuant to a bone fide, written. seniority or merit system or piece -work system or a system vhi4oh measures earnings quality provided that such difference does not d sorivinate because of race, color religion, national origin, age, Saxe prwynaney, disability, marital bUtua, f tftl 3famillal status >> r eozua g ja&:A L&n_ «i (iv) for an eVlazer or employment agency or representative of either to Wive Or to act upon the results of any professionally validated ability test Provided that such test, its administration or action uuppee�n the result in not designed# intended or used to discriminates bonus* of race, oo1cw, apoestsy, national oricJin, a9ft, sax, pregnancy, disability, ■arStal status, t ( 'Oat I ] place of birth sd Wdb2:ea 9GGT L?, 'Uef 'ON 3NOHd 4 WO�I� X OW L"J, 'VU Id1 � 51AM FCC' F44R' LQ M114M. Ape" Item No. Pop F 11.116 (c) Nothing contained in this artials shall be interpreted to reepair* amployer • eMlayment agency, labor organization, or joint laboa:-a`aragament coma...ttee subject tmentaor any inAividual orntop any group �' gsfvap because of !dam race, color, raeligion, sex, pregnanoy, national oarsgi.n, age disability, marital status [ [ amilial ta stus s> of such MIVIdval or group on aaommt of act lanve ah10 may exist with r9speet. to the total number or percentage of parsons of any reeoe, molar,, rslipfaalf cox, preg"ney, national ori+ din► op, handicap,: marital status, ((o#] ] familial status �,,NM 1 fn . d%r-4affAs&JW< in any ooasaunfty, section or other area. of the agxmty or in the available work force in any cow nity, sesotion or other area wt the+ County. S&I'I=E VI. Q"T.CB OF PAIR EWLG'k'XM IPRK ICZB Sec. 111A•34. Declaration of policy. c.�ws�ocs�tot+�t�ri,su+, (l) xt has been and is the policy of metropolitan DedO County to provide equal employment apport mity for all wit tmt: regard to raise, max, color, national originp religion, age, disability, ence airy, marital statu: � "nab' ► >s Joel" � or veteran + s: stag and to prohibit unlawful disarWnasion on such basis. (a) =t; is further the policy of hetropel itan Dada COUnty to ensure equal opportunity within the County eaplaya� i nt system by engaging n voluntary affirmativs' action to Promote diversity within the County wer]t force and employ a representative work force. » _ll be irrt ®ror�ad . rset Ms the gwntY %a great tea §8 is g," infl v & „ as � a of Q- aim. i �}ri�tatien.�< if) 7 f f• S 0Ld WUSR:80 8661 LE 'upr X- ON 3NCJHd 1, d WO� JAN M '9S 07152AM FEC PARSEC MIAMI R jenda item No. 9 t M ) Page 10 Sec.1lA -35. Definitions. Ian used herein. (1) d#fsrmativw aatiaa shall moan a program to onsu" �qual arsploysoct appartunity SM traatmmt for ail q'galitied i ivfduals trithoat regavd to race color, relig�iori, national origin, agar disability, sax, marital status, ,prsithY [[0 *]] votaraA's statusa} aK e13 Date areas o:9 underutUlzat on in aVlvym=t of mimoritfes, MONAM and pvrECM with disabilities. + p .cc $eet�:A• It any section, subsection, clause or Provision of this ordinance is held invalid, the reminder of the ardiruao shall not be affected by such invalidity. $ " It io the intention of, the 8osrd of County .. casmlas oners, and it is hereby ordained that tba provisions of this =dinanoe, including the sunset provision, shall be," a and be, made a part of the Code at Metrapolit&n Dade county, Florida. The aQQtions of thia ordinance may be renuab@ red or rolettered to acca�gpl3sh such intention, and the word Hordirance„ may be cha ad to "section,p'particle," or other aWropriate word. fiftnion 40 Except ae otherwise specifically indicate in the, ordinawm, this ordinancs shall became affective ten (10 ) days after the date of enectm t unless vetoed by the Mayor, and if vetoed, Gbal i be effective only Won an oven de by this board. Aft= ion 5• This ordfnaxde does not contain a sunset Provision. PASS= AXb ALKW `ED A approved zy County Attorndy aS Iftor_ to tors and legal sufficiQncy. Prepared byr Ke?t, 5po:460red by Commissioner brvee c. saplan TTd WU92:80 866T LZ 'ULT 'ON BNOHd .¢ .k : WONT SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles Scurr, City Manager 0 DATE: July 27, 1998 RE: Agenda Item j Comm.Mtg. Aug 4,1998 USDOJ Block Grant The attached Resolution is an effort by the Police Department to secure federal funding under the Local Law Enforcement Block Grant Program to enhance the anti -crime efforts of the Crime Suppression Team. The Team's function is both the detection and apprehension of persons involved in illicit activities. Due to manpower and budgetary constraints, the Team is limited in its capacity. The acceptance of this grant would allow an expansion of this worthwhile effort. The matching funds would come from the existing overtime budget and would not alter the line item "Overtime" (1910-521-1410) in a negative way. Your concurrence is respectfully requested. CS /gf /esw 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA,AUTHORIZING 6 THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF 7 AWARDED, MONEY FROM THE UNITED STATES DEPARTMENT 8 OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANTS 9 FY 98, IN AN AMOUNT OF $37,314 FOR THE PURPOSE OF 10 ESTABLISHING A CRIME SUPPRESSION TEAM FOR THE 11 POLICE DEPARTMENT; TO DESIGNATE $4,146.00 FROM THE 12 REGULAR OVERTIME BUDGET OF THE POLICE DEPARTMENT 13 (1910- 521 -1410) AS MATCHING FUNDS AS REQUIRED BY 14 THE GRANT; AND TO AUTHORIZE THE CITY MANAGER TO 15 EXECUTE ANY SUBSEQUENT DOCUMENTS RELATIVE TO OB- 16 TAINING THIS GRANT. 17 18 WHEREAS, THE UNITED STATES DEPARTMENT OF JUSTICE HAS 19 20 ALLOCATED $37,314 TO THE CITY OF SOUTH MIAMI POLICE DEPARTMENT 21 22 BASED UPON CRIME STATISTICS FOR THE PREVIOUS YEAR; AND 23 24 WHEREAS, THE POLICE DEPARTMENT DESIRES TO USE THE FUNDS 25 26 TO CREATE A FULLY FUNCTIONAL CRIME SUPPRESSION TEAM; AND 27 28 WHEREAS, THE MATCHING FUNDS REQUIREMENT OF THE GRANT 29 30 ($4,146.00) WOULD NOT ADVERSELY AFFECT THE OPERATIONS OF THE 31 32 POLICE DEPARTMENT; AND 33 34 WHEREAS, THE ADDITION OF A CRIME SUPPRESSION TEAM WOULD 35 36 ENHANCE POLICE PRESENCE, AND THE DETECTION AND APPREHENSION OF 37 38 OFFENDERS, 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 43 44 SECTION 1: THE CITY MANAGER IS AUTHORIZED TO APPLY FOR 45 46 AND ACCEPT MONEY FROM THE UNITED STATES DEPARTMENT OF JUSTICE IN 47 48 AN AMOUNT OF $37,314. 49 50 51 52 53 54 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 SECTION 2: THE CITY MANAGER IS AUTHORIZED TO DESIGNATE $4,146.00 FROM THE REGULAR OVERTIME BUDGET OF THE POLICE DEPART- MENT (ACCOUNT #1910 -521 -1410) AS MATCHING FUNDS AS REQUIRED BY THE GRANT. SECTION 3: THE CITY MANAGER IS AUTHORIZED TO EXECUTE ANY SUBSEQUENT DOCUMENTS RELATIVE TO OBTAINING THIS GRANT. SECTION 4: THE RESOLUTION BE EFFECTIVE IMMEDIATELY AFTER THE ADOPTION HEREOF. PASSED AND ADOPTED THIS DAY OF ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 30, 1998 From: Charles D. Scurr City Manager REQUEST: Agenda Item # IT Re: Comm. Mtg. 08/04/98 Fraternal Org. Use in the PI zoning district AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 27, 1998, Manuel A Cuadrado, the Exalted Ruler of the South Miami /Coral Gables Elks Lodge, requested that the City of South Miami consider permitting "catering services" in the "PI" Public /Institutional zoning district in order to allow the Lodge located at 6304 SW 78`" Street to operate a catering service on the premises. Mr. Cuadrado explained that the catering services were formerly operated as part of the Coral Gables Lodge, which had been sold due to the merger of the Coral Gables and South Miami Lodges.' Subsequently, the South Miami/Coral Gables Elks Lodge desired to bring the catering services to its location in South Miami. Through later discussions between the Elks and the City, it was also discovered that the proposed addition of catering services was to be coordinated with a major remodeling of the South Miami Lodge. Staff's initial analysis of the request revealed that it could not be permitted under the current regulations of the Land Development Code (LDC) because the Lodge's principal use, "fraternal organization or private club," is not a permitted use within the PI district, making the Lodge a legal nonconforming use. Pursuant to Section 20 -4.8 of the LDC, a legal nonconforming use cannot increase its nonconformity through additions, substantial renovations, or expansion of use.' 1 See attached letter addressed to Mayor and City Commission from Mr. Cuadrado, dated April 27, 1998 2 See attached excerpts of Section 20 -4.8 of the LDC. ls` Reading August 4, 1998: Fraternal Organization Use Ordinance Prior to 1989, the Lodge was zoned "RM 24" Medium Density Multi- Family Residential District and permitted as a special use according to the zoning ordinance in effect at the time. On October 25, 1989, however, the City of South Miami adopted a new zoning code, entitled "The City of South Miami Land Development Code," which contained new zoning regulations, including a new zoning map, based on the newly adopted Comprehensive Plan. The Comprehensive Plan's Existing Land Use Map and Future Land Use Map depicted the Lodge's property as Public /Institutional.; Surprisingly, although the new LDC listed the "fraternal organization or private club" use under the "Public and Institutional Uses" Category, the LDC did not list the use as a permitted use in the PI zoning district.' In order to enable the Elks Lodge to substantially renovate or request an amendment to the LDC to permit catering services, the Elks Lodge must first be a permitted use within its zoning district. There are two principal methods by which the Elks Lodge can become a permitted use: (1) amend the LDC in order to permit the "Fraternal Organization or Private Club" use in the PI zoning district or (2) amend the LDC in order to change the Lodge's zoning district to a district which permits the "Fraternal Organization or Private Club" use. Section 20 -3.1 (13)(19) of the LDC states that the PI zoning district's purpose "is to provide for schools, governmental facilities, utilities and churches and similar uses..." The South Miami /Coral Gables Elks Lodge through its involvement with such organizations and programs as the Senior Citizens Home, the After School House, and Habitat For Humanity conducts many of the same services and activities as the uses for which the PI zoning district is intended. Furthermore, the Comprehensive Plan's depiction of the subject property's existing and future land uses as Public /Institutional, as well as the LDC's categorization of the "fraternal organization or private club" use as one of the "Public and Institutional Uses," supports the premise that the subject use should, be permitted in the PI zoning district. Amending the permitted uses of the PI zoning district, however, does have potential drawbacks. Changing the permitted uses for the PI zoning district would not only affect the Lodge's property, but all PI zoning districts citywide.' Although the properties within the City's PI districts are currently occupied by schools, Metrorail, utilities, YMCA, the Girl Scout House, and the Elks Lodge and are unlikely to change, it is important to consider long term implications of zoning changes. Would the presence of fraternal organizations negatively impact PI districts? There may be fraternal organizations which are very dissimilar to the other uses permitted in the PI zoning district, or there may be PI districts where a fraternal organization or private club would not be compatible with the existing surrounding uses. Amending the Land Development Code in order to change the subject property's zoning district to a district which would permit the "fraternal organization or private club" use would also allow the Lodge to move forward with its plans to renovate and request for catering services. For example, 3The actual terminology differed, as the ELUM used Public /Institutional and the FLUM used Public Semi - Public, but the meaning was the same. 4 See attached excerpt of the LDC, Section 20- 13(D), page 30. 5 Zoning Map will be available at the meeting. 1" Reading August 4, 1998: Fraternal Organization Use Ordinance the property could be zoned "RM -24" Medium Density Multi - Family Residential District, as it was prior to the adoption of the LDC. This approach is advantageous because it would not have any citywide impacts; and. perhaps more importantly, if the property were ever sold by the Elks Lodge, it would provide for more housing in the City and buffer the existing surrounding residential uses from US 1 and the adjacent "GR" general retail zoning district. Changing the subject property's zoning district, however, also has negatives. Namely, the Elks Lodge does not desire a change to the property's zoning district because it perceives the change as "down- zoning." Additionally, due to the underlying land use, as designated by the City's Comprehensive Plan, the zoning change could not take place without an amendment to the Comprehensive Plan, which is a process requiring a minimum of six months. The Elks Lodge has reported that a six -month timeframe is too long and would disallow its plans. City staff brought the item to the Planning Board for preliminary discussion on June 30, 1998, and July 14, 1998.6 On July 14, 1998, after speaking to representatives of the Elks Lodge, the Planning Board advised staff to prepare two separate ordinances, (1) an ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district and (2) an ordinance amending the LDC in order to permit a catering service use as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval! An ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district would enable the Elks Lodge to move forward with its plans to renovate and its request for catering services, provide the mechanism by which similar uses could be located in the PI district, and ensure that the Planning Board and City Commission review the appropriateness and compatibility of all such uses with the surrounding area. RECOMMENDATION: Approval to begin the public hearing process. Attachments: Proposed Ordinance for first reading Correspondence dated April 27, 1998 Excerpt of Section 20 -4.8 of the LDC Excerpt of Section 20 -3.3 (D) of the LDC Excerpt of Planning Board Minutes, June 30, 1998, and July 14, 1998 6 See attached excerpted minutes. 7 The ordinance directly related to the catering service is included in this agenda as a separate item. See Ord. No. X for specific details. I" Reading August 4, 1998: Fraternal Organization Use Ordinance 1 ORDINANCE NO. 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF 6 THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL 7 ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" 8 PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the City of South Miami adopted a Comprehensive 14 Plan, which included the following language concerning Public 15 Institutional Uses: 16 17 The public institutional land use category is intended 18 to provide for public schools, municipal facilities, 19 utilities, churches, temples, synagogues, and similar 20 uses. Areas designated public and institutional should 21 not be used for other purposes without an amendment to 22 this plan. Zoning regulations could permit public and 23 institutional uses on sites not so designated by this 24 plan; and, 25 26 27 WHEREAS, the City of South Miami adopted a Land Development 28 Code, which included the following District Purpose Statement for 29 the Public /Institutional Zoning District in Section 20 -3.1 30 (B) (18) : 31 32 The purpose of this district is to provide for schools, 33 governmental facilities, utilities and churches and 34 similar uses, with building heights and intensities 35 compatible with surrounding districts. This district 36 is appropriate in areas designated "Public and Semi - 37 Public" on the city's adopted Comprehensive Plan [this 38 land use category was amended to Public Institutional 39 in 19971; and, 40 41 WHEREAS, the Mayor and City Commission believe that many 42 fraternal organizations and private clubs may provide charitable 43 and valuables services, thereby contributing to the public good; 44 and, 1" Reading August 4, 1998: Fraternal Organization Use Ordinance 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 WHEREAS, the Mayor and City Commission believe that by contributing to the public good, many fraternal organizations and private clubs may fulfill the purpose and intent of the Public Institutional land use category described by the Comprehensive Plan and the "PI" Public Institutional zoning district described by the Land Development Code; and, WHEREAS, the Mayor and City Commission wish to permit such fraternal organizations and private clubs in all appropriate zoning districts, while maintaining the ability to evaluate the compatibility or appropriateness of such uses with the surrounding area through the special use process; and, WHEREAS, on August 11, 1998, the Planning Board voted 7:0 to recommend approval of this ordinance; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That Section 20 -3.3 (D) of the Land Development Code be, and is hereby, amended to include the following changes: SECTION 20 -3.3 (D) SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict I" Reading August 4, 1998: Fraternal Organization Use Ordinance ZONING DISTRICT USE TYPE °° 0 0 0 pa M H x o x PUBLIC AND INSTITUTIONAL USES Fraternal Organization S S S S P S 2 7 or Private Club Is f-P 1 SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict I" Reading August 4, 1998: Fraternal Organization Use Ordinance I with the provisions of this ordinance are hereby repealed. 2 3 SECTION 5. This ordinance shall take effect immediately at the 4 time of its passage. 5 6 PASSED AND ADOPTED this 1ST day of September, 1998. 7 8 9 ATTEST: APPROVED: 10 11 12 13 CITY CLERK MAYOR 14 15 16 READ AND APPROVED AS TO FORM: 17 18 19 20 CITY ATTORNEY 21 1" Reading August 4, 1998: Fraternal Organization Use Ordinance South Miami/Coral Gables Elks Lodge No. 1676 6304 S.W. 78th Street, Miami, Florida 33143 Telephone (305) 666 -2495 James A. Cooney Manuel A. Cuadrado K. RichardSduara Secretary Exalted Ruler Treasurer April 27, 1998 HAND - DELIVERED Hon. Julio Robaina, Mayor T')' ' Hon. Armando Oliveros, Jr., Vice - Mayor` Hon. David D. Bethel, Commissioner APR 2 81998 Hon. Mary Scott Russell, Commissioner Hon. Horace G. Feliu, Commissioner City of South Miami Commission �9``� ;��' LIY'`�'`�"' 6130 Sunset Drive South Miami, Florida 33143 Re: Addition To Permitted Use Schedule - For "PI" Public Institutional Zoning District Located At 6304 S.W. 78th Street Dear Commission Members: On behalf of the members of the South Miami /Coral Gables Elks Lodge, owners of the subject property, I - hereby respectfully request that the City Commission consider adding "catering services" to the permitted use schedule for the "PI" Public Institutional zoning district. The nature and extent of the proposed use would be to conduct catering operations as were previously operated in the Coral Gables Lodge building which would include providing lunch for our members and other catering events both within our lodge and at other locations. The hours of operation would range from 8 A.M. to 9 P.M., and on occasions up to seven days a week. As you know, the South Miami /Coral Gables Elks Lodge is composed of more than five hundred (500) members dedicated to charitable, patriotic and community non - profit activities. We have recently appointed committees and are currently formulating plans to further our involvement with various City of South Miami community projects such as the -Senior Citizens Home, After School House and Habitat For Humanity, as well the job training and placement programs. City of South Miami Commission merit ?7. 1998 We are planning to attend the regular City Commission Meeting scheduled for Tuesday, May 5, 1998, at 7:30 P.M., and hope that you will favorably consider sponsoring the requested change at that time. In the meantime, please feel free to call me at the above number or at my office, (305) 358 -7747, Ext. 200, if you have any questions or would want to speak with any of the members of the Lodge. Thank you in advance for your kind consider "n. Ily, Manuel A. Cuadrado Exalted Ruler � s cc: Charles D. Scurr, ;.. ; ---; 7', City Manager i(. Diana Morris, APR Deputy City Manager APR 2 1998 fBill Mackey, AICP, P y ; C DN,Si0 Director of Planning & Zoning A 1 2 SUUTH NELAW LAND DEVELOPMENT CODE 20-4.8 Nonconforming uses and structures. (A) General Regulations. (1) No provision of this Code shall be construed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the advent of nonconforming use status and upon which construction has been diligently carried out, actual construction being defined to include placement of construction materials in permanent position and fastened in a permanent manner. (2) Expansion, Alteration or Enlargement. (a) A building nonconforming only as to height, area or bulk requirements may be altered or extended only if such alteration or extension does not increase the degree of nonconformity in any respect. (b) Nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere. (c) A nonconforming use of a structure or land shall not be extended or enlarged by addition of other uses of a nature which would generally be prohibited in the district involved. (d) The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of passage of this Code. (e) No nonconforming use may be expanded or increased beyond the platted lot or tract upon which such nonconforming use is located. (3) Repairs and Maintenance. (a) Nothing in this Code shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building declared unsafe or unlawful. (b) If a nonconforming structure, or portion thereof, containing a nonconforming use becomes physically unsafe, or unlawful due to lack of repairs and maintenance, and is declared by any authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with district regulations and this Code. (4) Legalization of Nonconforming Use. (a) No presently illegal use shall be deemed to have been legalized unless such use falls within a use district where the actual use is a conforming use. (b) Uses not legalized by conformity shall remain nonconforming uses where recognized. (c) A nonconforming use in violation of a provision of this Code shall not be validated by the adoption of this Code unless such use complies with the terms of this Code. (5) A use approved as a nonconforming land use shall be considered a conforming use so long as the conditions of approval are met. Supp. No. 2 102 OTHER REGULATIONS 20 -4.8 (6) No building or land, used for a nonconforming use, which remain vacant and unused for a continuous period of six 1,6) months. whether or not fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located. For a multi -unit, multi -tenant land or building which constitutes a nonconforming use, vacancy of one t I) or more units shall have no effect on the rights of the property owner under this section. unless seventy -five (75) percent or more of the gross floor area shall remain vacant and unused for more than six (6) months, after which period the vacant portion shall not again be used for a noncon. forming purpose and the remaining portions of the land or structure shall be brought into conforming use within three (3) years. (7) Any business which holds an occupational license, obtained in compliance with this Code and all other applicable city regulations, shall be deemed a permitted noncon- forming use and shall be allowed to operate at the license fee in effect immediately prior to the effective date of this Code and said fee, as may be amended. (B) Nonconforming Dimensions. (1) A structure which was erected in conformance with the applicable dimensional re- quirements in effect at the time of erection but which at a subsequent date fails to conform to applicable dimensional requirements due to a change in the zoning map, in the dimensional requirements table or in the text of this Code, may continue to be used for any use permitted in the district in which it is located, subject to the require- ments of this section. (2) The following requirements shall apply to such structures: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use, and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. (C) Existence of Nonconforming Use. (1) The director of building and zoning shall make an initial determination of the exist- ence of a nonconforming use, based upon investigations and afildavits he determines to be necessary. (2) Where there is uncertainty in determining the existence of a nonconforming use, such uncertainty as to the existence of a nonconforming use shall be a question of fact to be considered by the planning board, after public notice and hearing in accordance with this Code and board rules. 3) The intermittent, temporary or illegal use of Iand or buildings shall not be sufficient to establish the existence of a nonconforming use. 41 The existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. 103 20.4.8 SOUTH NUTAIMI LAIND DEVELOPMENT CODE (D) Nonconforming Lots of Record. (1) In any district in which single - family dwellings are permitted, a single - family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code. notwithstanding limitations imposed by other provisions of this Code. (a) Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. (b) This provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than for area or width, or both, of the lot conform to regulations for the district in which the lot is located. (2) In order to minimize the number of nonconforming lots, if two or more adjoining vacant and platted lots and/or parcels with continuous frontage on a public street in continuous ownership since the time of passage of this Code, and if either or any of such lots or parcels individually is /are too small in any dimension to meet the yard, width and lot area requirements of the district in which they are located, then such group of lots and/or parcels shall be considered as a single lot or several lots of such size as is necessary to met the minimum dimensional requirements of the district. (a) No portion of said parcel shall be used or srl•3 in a manner which diminishes compliance with lot width and area requirements established by this Code. (b) No division of any parcel shall be made which creates a lot with width or area below the requirements of this Code. (3) If any person shall have at any time after passage of this Code created a lot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, such sale shall have no effect for purposes of this Code and the lots and/or parcels shall still be considered as part of one (1) or more lots. (E) Nonconforming Use of Land. (1) Where at the time of passage of this Code, lawful use of land exists which would not be permitted by regulations imposed by this Code, the use may be continued so long as it remains otherwise lawful, subject to conditions provided herein. (2) Such nonconforming use of land shall be subject to the following conditions: (a) No such nonconforming use shall be enlarged or increased, nor extended to oc. cupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code; (b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use as of the effective date of this Code: tc) No additional structure not conforming to the requirements of this Code shall be erected in connection with such nonconforminu use of land. 104 viliiill I1Gl7ULnIIU'1`40 ZU -4.15 (l) Nonconforming Use of Structures. (1) Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on areas, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the conditions contained herein. (2) Such nonconforming use of structures shall be subject to the following conditions: (a) No nonconforming use may be enlarged or altered in any which increase its nonconformity but any structure or portion thereof may be altered to decrease its nonconformity; (b) In the event that a nonconforming structure is moved for any reason for any distance whatever, such structure shall conform to the regulations for the district in which it is located after it is moved; and, (c) Any structure in which a nonconforming use is superseded by a conforming use, shall thereafter conform to district regulations, and the nonconforming use may not be resumed. (G) Damage of a Nonconforming Structure or Use. (1) If a nonconforming structure or use is damaged by more than fifty (50) percent of its replacement value, all of its rights as a nonconforming structure or use shall be terminated. (2) If a nonconforming structure or use is damaged by less than fifty (50) percent of its replacement value, such structure or use may be repaired or reconstructed and used as before the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar days of such damage and shall be completed within twelve (12) months. (H) Continuation of Nonconforming Use. (1) Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Code may be continued, although such use does not conform with this Code. (2) Continuation of a nonconforming use shall be subject to such regulations as the city commission may require for immediate preservation of adjacent property prior to the ultimate removal of the nonconforming use. (I) Change in Nonconforming Use. (1) If no structural alterations are made, a nonconforming use may be changed to another nonconforming use, provided that the new use is within a higher or more restrictive classification than the original use. (2) In the event that a nonconforming use of a building is changed to a conforming use or another nonconforming use of more restricted classification, the use shall not be changed later to a less restrictive classification. Supp. No. 2 105 20-4.8 SOUTH MIAMI LAND DEVELOPMENT CODE (3) In the event that a nonconforming use is changed to another nonconforming use of more restricted classification, the prior less restrictive classification shall be consid- ered abandoned. (Ord. No. 9- 90- 1449, 6- 12 -90; Ord. No. 4-93- 1533, 6 -1 -93; Ord. No. 19 -96 -1619, §§ 3, 4, 10 -1 -96) 20-4.9 Historic preservation standards. (A) Historic and Archeological Sites. (1) The Secretary of the Interior's Standards for Historic Preservation Projects: with Guidelines for Applying the Standards, 1979, or as may be updated, and the Metropolitan Dade County historic preservation guidelines shall be used by the board for reviewing projects proposed for designated historic properties and sites or for properties within historic districts. (2) In addition to the above referenced federal and county guidelines, the following shall also be utilized as general standards by the board for determining structures and sites having historic or archeological significance: (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association, and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history; or (c) Are associated with the lives of persons significant in our past; or (d) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual dis- tinction; or (e) Have yielded, or are likely to yield information in history or prehistory; or (f) Are listed in the National Historic Register. (B) Demolition of Historic Structures. In addition to all other provisions of this Code, the board shall consider the following standards in evaluating applications for demolition of designated historic structures. (1) Is the structure of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark? (2) Is the structure of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense? (3) Is the structure one of the last remaining examples of its kind in the area, city, county or region? (4) Does the structure contribute significantly to the historic character of a designated district? Supp. No. 2 106 20 -3.3 SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20•- 3.3(D) PERMITTED USE SCHEDULE P = PERMITTED BY RIGHT S = PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20 -3.4) PARK = PARKING REQUIREMENTS (See Section 20- 4.4(B)) x = No conditions were adopted Supp. No. 2 30 ZONING DISTRICT R R R R R R R R R L M N S G I H P P C P USE TYPE S S S S T T M M O O O R R R I R O A 1 2 3 4 6 9 1 2 N R 8 4 D K PLANNED UNrr DEVEI. OPMENT RESIDEN- S S S S S S S S S S S S S S S S 8 TIAL USES Dwelling, Single - family P P P P P P P P S 17 1 Dwelling, Townhouse P P P I P S P 17 2 Dwelling, Two- Family P P I P S 1 1 1171 1 Dwelling, Multi - Family P P S P 17 3 Community Resid Home, 6 or P P P P P P P P P P 1 less Community Resid Home, 7 or P P P P 1 more PUBLIC AND INSTITUTIONAL USES Adult Congreg Living Facil- ity S S TT S S 13 1 Church, Temple or Syna- S I S S S S S I S 1 6 gogue Convalescent Home P p P 13 Day Care Center _.!Lj (7 or more children) P P P P P P P P P 10 Fraternal Organization or Private Club S S S S S P P 2 7 Governmental Administra- Lion p p p p p 10 Hospital I S 14 5 Supp. No. 2 30 K. Staff ar,,ued that a variance did not seem like the answer. L. Mr. Wiscombe said that new zoning might alleviate Habitat for Humanity's inconsistency with the City. M. Staff said that the 15- and 20 -foot requirements were a good move towards consistency. He added that Habitat for Humanity provided affordable housing, which the City needs, and always increases the value of the property they replace. He felt CRA would give adequate time and attention to this issue. N. Ms. Chimelis suggested that the Board draft a letter to CRA to make this a priority. O. Mr. Pages recommended that tonight's minutes and the previous be forwarded to CRA. VI. Fraternal Organizations in the PI zoning district A. Staff recommended granting PI zoning to the Elks' Club through a special use approval because the organization operates much like a church or community organization. B. Mr. Morton recused himself because he is an Elk and might do architectural work on the Lodge depending on the outcome of the club's request. C. Mr. Pages had no objection. E. Mr. Basu asked how the property was zoned PI and what was there before. F. Staff did not know. G. Mr. Basu asked where fraternal organizations were usually allowed. H. Staff responded that most organizations were granted a special use permit for many zones including RM -24 and RS -18. I. Mr. Basu suggested that RM -24 might be a better zoning district for the property than PI. His concern was the use of the property if the property were sold. J. Mr. Pages asked staff to clarify the item. K. Staff explained that the club existed in the current zone through legal non- conformity of the PI district and that their wish to renovate their building and operate a catering a service was not permitted under those conditions. PB Min 06 -30 -98 5 L. Because of the large size of the property. Mr. Basu suggested that it be changed to a residential zoning district. M. Mr. Paues asked for a clarification of caterin <a. N. Staff responded that it involved the preparation of food for off -site consumption. O. Staff said that it would be best to explore changing the property's zoning to RM -24 and asked for the Board's opinion on the catering issue. P. Mr. Pages said that it was a reasonable suggestion. Q. Mr. Basu was concerned for the impact of the catering on the nearby residences. R. Staff responded that any provisions restricting the catering can be written into the special use permit. S. Staff said the special use variance would be written and sent to the Commission for first reading. VII. Approval of minutes A. Motion: Mr. Wiscombe moved to approve the minutes from May 26, 1998 as presented. Mr. Morton seconded. Vote: Approved:6 Opposed:0 VIII. Remarks A. Mr. Pages opened the public hearing. B. Mr. Tucker, from the audience, spoke on the telecommunication towers and the infringement on local power by the federal government it represents. C. Mr. Pages closed the public hearing. D. Staff thanked the Board for their insight when discussing the different items. 1. Mr. Pages was also pleased with the process. 2. Mr. Basu mentioned that traffic calming is another issue that should be discussed with candor. IX. Adjournment PB Min 06 -30 -98 6 4. The board briefly discussed the ordinance. V. FRATERNAL ORGANIZATIONS IN THE PI ZONING DISTRICT 1. Mr. Pages asked if anyone in the audience was present to discuss the local planning agency, the Elks Lodge. and the Telecommunication Towers. 2. Mr. Pages suggested changing the order of the agenda and discussing the Elks Lodge. 3. Staff presented the agenda item concerning the Elks Lodge as an item for discussion, not for vote. 4. Frost Walker signed in for the record to represent the Elks Lodge in their appeal to include fraternal organizations in the PI zoning and to grant them a catering operation license. 5. Mr. Walker added that since the South Miami Elks Lodge has existed at its present location for 40 years with or without the appropriate zoning, the City might as well make the appropriate changes to officially include fraternal organizations in the PI zoning district. 6. The Public hearing was opened. No one had any comments. The public hearing was closed. 7. Mr. Basu questioned why fraternal organizations are not included in the PI zone to begin with if the Elks Lodge already exists within that zone. 8. Staff responded that the area was changed from RM -24 to PI in 1989. 9. Mr. Basu asked if anyone from the Elks Lodge had any insight on that change in order to understand the reason behind the change. 10. Mr. Basu also wanted the Elks Lodge to be more specific about the amount of catering that would take place. 11. Staff pointed out that there are single family residences across the street from the Elks Lodge that might be affected by the operation of a catering service. 12. Mr. Frost said that the Elks Lodge intended to buffer the residences with fencing and landscaping. 13. Mr. Frost also mentioned that the residential area was on the opposite side of the kitchen, where the catering would be taking place, adding that their only plan is to enhance the area not become a detriment to it. PB Min 07 -14 -98 5 14. Mr. Basu explained that a zoning decision was important beyond the intentions of the Elks because they might one day choose to sell the property. 15. Mr. Frost said that if the City is worried about the property being sold. they should allow the improvements to be made on their lodge. 16. Mr. Scurr asked why the Elks Lodge considers RM -24 to be down- zoning if it is less restrictive than PI. 17. Mr. Frost responded that it would be difficult to sell property surrounded by a Taco Bell and an Amoco as residential property. 18. Mr. Basu said that it is in the best interest of the City to promote housing through an RM -24 zoning rather than add a category to PI zoning. 19. Mr. Frost asked for the board to restate the status of their application. 20. Staff said that the Elks Lodge had several options in order to obtain their permit. 21. Mr. Frost said that their main concern was the catering permit and that the zoning issue was something that staff brought up. 22. Staff said that catering was not permitted in their zoning district. 23. Mr. Basu said that it was important to define the scope of the catering for concern for the residents nearby. 24. Mr. Frost responded that the improvements they wanted to make were all with the community in mind. 25. Mr. Basu was in agreement, but opined that they must take the people living around the lodge into account. 26. Mr. Pages affirmed that it was the long -term ramifications of a zoning change that concerned the board. 27. Ms. Chimelis said that the size of the kitchen would dictate the scope of the catering if that was a concern. 28. Ms. Chimelis also said that the long -term scope of the club is important, but that this zoning question was an impediment to the speed with which the club can carry out its improvements and that this was probably not the best time to change the long -term zoning. 29. Staff suggested submitting the following to the Mayor and City Commission for approval to PB Min 07 -14 -98 6 expedite the Elks* request: (1) Ordinance to admit fraternal organizations in the PI zoning district (2) Ordinance to permit catering services in the PI zoning district (3) Special Use Resolution to allow the Elks Lodge to operate a catering service. 30. Mr. Basu suggested to consider the options separately and to make the proper restrictions on the catering to keep it in check. 31. Staff reassured the Board that under a special use request all details could be articulated in order for the greatest amount of restrictions to be in place while still allowing the Elks Lodge to operate its catering service. 32. Mr. Pages ended the discussion and concluded that the path was now clear to start working on both the revision of the zoning code to allow fraternal organizations in the PI zoning district and the special use permit for catering that the Elks Lodge requested. V. Approval of Minutes (A). The Board took no vote on minutes at this meeting. VI. Remarks (A). Traffic 1. Mr. Pages inquired about the traffic situation around Shops at Sunset on Bird Road. 2. Staff responded that a group of consultants has been working on studies to alleviate the traffic problems in that area. 3. Staff said that the consultants are scheduled to make a presentation to the City Commission that will provide an overview of some possible solutions. 4. The studies are also targeted towards residential traffic flow through one way streets and/or flashing red lights for which they have received county approval. (B) Staff said that Shops at Sunset are scheduled to open on December 4 rather than October. (C) Staff said that Sunset Drive was scheduled for the end of August. VIII. Adjournment PB Min 07 -14 -98 7 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 30, 1998 Agenda Item # 6 From: Charles D. Scurr Re: Comm. Mtg. 08/04/98 City Manager Catering Services Ancillary Use REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The proposed ordinance is related to proposed Ordinance No. X, which is also included on this City Commission Agenda. As a result, the item shares much of the same background information. On April 27, 1998, Manuel A Cuadrado, the Exalted Ruler of the South Miami /Coral Gables Elks Lodge, requested that the City of South Miami consider permitting "catering services" in the "PI" Public /Institutional zoning district in order to allow the Lodge located at 6304 SW 78"' Street to operate a catering service on the premises. Mr. Cuadrado explained that the catering services were formerly operated as part of the Coral Gables Lodge, which had been sold due to the merger of the Coral Gables and South Miami Lodges.' Subsequently, the South Miami /Coral Gables Elks Lodge desired to bring the catering services to its location in South Miami. Through later discussions between the Elks and the City, it was also discovered that the proposed addition of catering services was to be coordinated with a major remodeling of the South Miami Lodge. Staff's initial analysis of the request revealed that it could not be permitted under the current regulations of the Land Development Code (LDC) because (1) the Lodge's principal use, "fraternal organization or private club," is not a permitted use within the PI district, making the Lodge a legal I See attached letter addressed to Mayor and City Commission from Mr. Cuadrado, dated April 27, 1998 l' Reading August 4, 1998: Catering Services Ordinance nonconforming use. and, pursuant to Section 20 -4.8 of the LDC, a legal nonconforming use cannot increase its nonconformity through additions, substantial renovations, or expansion of use;' and, (2) a catering service is not a permitted use within the PI zoning district. Thus, a two -step process is required to approve the Lodge's request to permit catering services at its location: (1) the principal use, "fraternal organization or private club" must be a permitted use, and (2) the proposed ancillary use, "catering service" must be a permitted use. The first step is being addressed by proposed Ordinance No. X;' and, if the ordinance is approved, there are two principal methods by which the Lodge's proposed catering service could be permitted. One, the permitted use chart could be amended to permit the catering service use in the PI zoning district outright or as a special use. Two, the "catering service" use could be permitted as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval. The "catering service" use is permitted outright only in the former "I" Intensive Use District, which is now part of TODD, and as a special use in the "SR" Specialty Retail District.' The limited number of zoning districts in which the use is permitted is attributable to the intensive nature of the use. A catering service's association with the preparation and delivery of food can have several negative impacts on a surrounding area, including increased noise and traffic; problems related to the generation of large amounts of garbage, such as litter, odor, and vermin, and compatibility of the use's building with the surrounding physical environment: As a result of these potential negative impacts, staff does not believe that the "catering service" use should be a permitted use in the PI district outright. Additionally, staff does not believe that the "catering service" use should be permitted outright or as a special use in the PI district because the district's purpose "is to provide for schools, governmental facilities, utilities and churches and similar uses..." Thus, permitting the use outright or as a special use would open the door for completely commercial operations, thereby violating the intent and purpose of the district. Lastly, staff does not believe that the "catering service" use should be permitted as an ancillary use to a "fraternal organization or private club" use pursuant to special approval in all of the districts in which the "fraternal organization or private club" use is permitted because the use is permitted in two residential districts.' Therefore, if this option were implemented, there could be catering services operating in residential districts. Instead, staff recommends approving the "catering service" use as an ancillary use to a "fraternal organization or private club" pursuant to special use approval for those "fraternal organization or private club" uses located in the PI zoning district. Staff believes that an ordinance amending the LDC in order to permit a "catering service" use as an ancillary use to a "fraternal organization or private club" use, pursuant to special use approval, for those "fraternal organization or private club" uses located in the PI zoning district is the most advantageous way to enable the Lodge to move forward with its request for catering service because it ensures that the catering is incidental to the principal use; requires the request to be evaluated and 2 See attached excerpts of Section 20 -4.8 of the LDC. 3 See Ordinance No. X for specific details. 4 Section 20- 3.3(D) of the LDC, entitled "Permitted Use Schedule," only exhibits the use as permitted in the I district, but Section 20 -2.3, entitled "Definitions," explains that it is permitted as a type of restaurant in the SR district. S The use is permitted in the RM -18 and RM -24 Districts. 1" Reading August 4, 1998: Catering Services Ordinance conditioned, if necessary. through the special use process; and, by limiting it to an ancillary use to a "fraternal organization or private club" use in the PI district, it avoids allowing catering services directly in residential districts. Furthermore, allowing catering services as an ancillary use to fraternal organizations located in the PI district would not deviate from the activities associated with other permitted uses in the PI district. For example, schools have lunchrooms, and churches have spaghetti dinners. City staff brought the item to the Planning Board for preliminary discussion on June 30, 1998, and July 14, 1998.6 On July 14, 1998, after speaking to representatives of the Elks Lodge, the Planning Board advised staff to prepare two separate ordinances, (1) an ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district and (2) an ordinance amending the LDC in order to permit a catering service use as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval! This ordinance represents the second of the Planning Board's directives. RECOMMENDATION: Approval to begin the public hearing process. Attachments: Proposed Ordinance for first reading Correspondence dated April 27, 1998 Excerpt of Section 20 -4.8 of the LDC Excerpt of Section 20 -3.3 (D) of the LDC Excerpt of Planning Board Minutes, June 30, 1998, and July 14, 1998 6 See attached excerpted minutes. 7 The ordinance directly related to the catering service is included in this agenda as a separate item. See Ord. No. X for specific details. 1 S` Reading August 4, 1998: Catering Services Ordinance 1 ORDINANCE NO. 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION _20- 6 3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING 7 SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR 8 PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING 9 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission recognize that some 14 permitted uses within the "PI" Public /Institutional Districts may 15 have incidental uses, which involve preparing and serving foods, 16 as exemplified by the cafeteria of a school or museum; and, 17 18 WHEREAS, on September 1, 1998, the Mayor and City Commission 19 adopted Ordinance No. X, amending the City of South Miami Land 20 Development Code in order to permit the "Fraternal Organization 21 or Private Club" use as a special use within the "PI 22 Public /Institutional Zoning District; and, 23 24 Whereas, the Mayor and City Commission wish to encourage a 25 full range of uses, both principal and ancillary, within the 26 appropriate zoning districts in order to enhance the diversity 27 and quality of businesses and services provided within the City 28 of South Miami; and, 29 30 WHEREAS, in order to enhance the quality and diversity of 31 fraternal organizations and private clubs within the "PI°' 32 Public /Institutional zoning district, the Mayor and City 33 Commission wish to permit a "catering service" use as an 34 ancillary use, which is clearly subordinate and coincidental, to 35 a "fraternal organization or private club" use pursuant to 36 Special Use Approval. 37 38 WHEREAS, on August 11, 1998, the Planning Board voted 7:0 to 39 recommend approval of this ordinance; and, 40 41 WHEREAS, the Mayor and City Commission of the City of South 42 Miami desire to accept the recommendation of the Planning Board. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1" Reading August 4, 1998: Catering Services Ordinance 1 2 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 SECTION 1. That Section 20 -3.4 (B)(2) of the Land Development Code be, and is hereby, amended to include the following changes: (2) FRATERNAL ORGANIZATION OR PRIVATE CLUB (a) All such uses shall be located on a site of not less than one (1) net acre in area. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. (c) A catering service use is permitted as an ancillary use, pursuant to special use approval and any conditions required therein, for those fraternal organization or private club uses located in the Public/ Institutional Zoning District. SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION S. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1ST day of September, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I" Reading August 4, 1998: Catering Services Ordinance South Miami/Coral Gables Elks Lodge No. 1676 6304 S.W. 78th Street, Miami, Florida 33143 Telephone (305) 666 -2495 James A. Cooney Manuel A. Cuadrado H. RldtardSduWff Secretary Exalted Ruler Treasurer April 27, 1998 HAND - DELIVERED _ Hon. Julio Robaina, Mayor Hon. Armando Oliveros, Jr., Vice -Mayor Hon. David D. Bethel, Commissioner APR 2 81998 Hon. Mary Scott Russell, Commissioner Hon. Horace G. Feliu, Commissioner City of South Miami Commission 1L1;!%L1U 6130 Sunset Drive South Miami, Florida 33143 Re: Addition To Permitted Use Schedule - For "Pl" Public Institutional Zoning District Located At 6304 S.W. 78th Street Dear Commission Members: On behalf of the members of the South Miami /Coral Gables Elks Lodge, owners of the subject property, I hereby respectfully request that the City Commission consider adding "catering services" to the permitted use schedule for the "Pl" Public Institutional zoning district. The nature and extent of the proposed use would be to conduct catering operations as were previously operated in the Coral Gables Lodge building which would include providing lunch for our members and other catering events both within our lodge and at other locations. The hours of operation would range from 8 A.M. to 9 P.M., and on occasions up to seven days a week. As you know, the South Miami /Coral Gables Elks Lodge is composed of more than five hundred (500) members dedicated to charitable, patriotic and community non - profit activities. We have recently appointed committees and are currently formulating plans to further our involvement with various City of South Miami community projects such as the -Senior Citizens Home, After School House and Habitat For Humanity, as well the job training and placement programs. City of South Miami Commission AlZril27, 1998 We are planning to attend the regular City Commission Meeting scheduled for Tuesday, May 5, 1998, at 7:30 P.M., and hope that you will favorably consider sponsoring the requested change at that time. In the meantime, please feel free to call me at the above number or at my office, (305) 358 -7747, Ext. 200, if you have any questions or would want to speak with any of the members of the Lodge. Thank you in advance for your kind consideptiqn. cc: Charles D. Scurr, City Manager Diana Morris, Deputy City Manager V Bill Mackey, AICP, Director of Planning & Zoning 2 knlly, Manuel A. Cuadrado Exalted Ruler s t APR 2 8 1998 PLAN%NG DiV S;- i Y t 20-4.8 Nonconforming uses and structures. (A) General Regulations. (1) No provision of this Code shall be construed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the advent of nonconforming use status and upon which construction has been diligently carried out, actual construction being defined to include placement of construction materials in permanent position and fastened in a permanent manner. (2) Expansion, Alteration or Enlargement. (a) A building nonconforming only as to height, area or bulk requirements may be altered or extended only if such alteration or extension does not increase the degree of nonconformity in any respect. (b) Nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere: (c) A nonconforming use of a structure or land shall not be extended or enlarged by addition of other uses of a nature which would generally be prohibited in the district involved. (d) The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of passage of this Code. (e) No nonconforming use may be expanded or increased beyond the platted lot or tract upon which such nonconforming use is located. (3) Repairs and Maintenance. (a) Nothing in this Code shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building declared unsafe or unlawful. (b) If a nonconforming structure, or portion thereof, containing a nonconforming use becomes physically unsafe, or unlawful due to lack of repairs and maintenance, and is declared by any authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with district regulations and this Code. (4) Legalization of Nonconforming Use. (a) No presently illegal use shall be deemed to have been legalized unless such use falls within a use district where the actual use is a conforming use. (b) Uses not legalized by conformity shall remain nonconforming uses where recognized. (c) A nonconforming use in violation of a provision of this Code shall not be validated by the adoption of this Code unless such use complies with the terms of this Code. (5) A use approved as a nonconforming land use shall be considered a conforming use so long as the conditions of approval are met. Supp. No. 2 102 OTHER REGULATIONS 20 -4.8 (6) No building or land. used for a nonconforming use, which remain vacant and unused for a continuous period of six t6) months. whether or not fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located. For a multi -unit, multi tenant land or building which constitutes a nonconforming use. vacancy of one t 1) or more units shall have no effect on the rights of the property owner under this section, unless seventy -five (75) percent or more of the gross floor area shall remain vacant and unused for more than six (6) months, after which period the vacant portion shall not again be used for a noncon- forming purpose and the remaining portions of the land or structure shall be brought into conforming use within three (3) years. (7) Any business which holds an occupational license, obtained in compliance with this Code and all other applicable city regulations. shall be deemed a permitted noncon- forming use and shall be allowed to operate at the license fee in effect immediately prior to the effective date of this Code and said fee, as may be amended. (B) Nonconforming Dimensions. (1) A structure which was erected in conformance with the applicable dimensional re- quirements in effect at the time of erection but which at a subsequent date fails to conform to applicable dimensional requirements due to a change in the zoning map, in the dimensional requirements table or in the text of this Code, may continue to be used for any use permitted in the district in which it is located, subject to the require- ments of this section. (2) The following requirements shall-apply to such structures: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use: and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. (C) Existence of Nonconforming Use. (1) The director of building and zoning shall make an initial determination of the exist- ence of a nonconforming use, based upon investigations and affidavits he determines to be necessary. (2) Where there is uncertainty in determining the existence of a nonconforming use, such uncertainty as to the existence of a nonconforming use shall be a question of fact to be considered by the planning board, after public notice and hearing in accordance with this Code and board rules. 3) The intermittent, temporary or illegal use of Iand or buildings shall not be sufficient to establish the existence of a nonconforming use. 4) The existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. 103 20 -4.8 SOUTH 11I-%,ti1I LAIND DEVELOPMENT CODE (D) Nonconforming Lots of Record. (1) In any district in which single - family dwellings are permitted, a single - family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provisions of this Code. (a) Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. (b) This provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than for area or width, or both, of the lot conform to regulations for the district in which the lot is located. (2) In order to minimize the number of nonconforming lots, if two or more adjoining vacant and platted lots andior parcels with continuous frontage on a public street in continuous ownership since the time of passage of this Code, and if either or any of such lots or parcels individually is /are too small in any dimension to meet the yard, width and lot area requirements of the district in which they are located, then such group of lots and/or parcels shall be considered as a single Iot or several lots of such size as is necessary to met the minimum dimensional requirements of the district. (a) No portion of said parcel shall be used or smid in a manner which diminishes compliance with lot width and area requirements established by this Code. (b) No division of any parcel shall be made which creates a lot with width or area below the requirements of this Code. (3) If any person shall have at any time after passage of this Code created a lot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, such sale shall have no effect for purposes of this Code and the lots and/or parcels shall still be considered as part of one (1) or more lots. (E) Nonconforming Use of Land. (1) Where at the time of passage of this Code, lawful use of land exists which would not be permitted by regulations imposed by this Code, the use may be continued so long as it remains otherwise lawful, subject to conditions provided herein. (2) Such nonconforming use of land shall be subject to the following conditions: (a) No such nonconforming use shall be enlarged or increased, nor extended to oc- cupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code: (b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use as of the effective date of this Code: (c) No additional structure not conforming to the requirements of this Code shall be erected in connection with such nonconformine use of land. 104 (F) Nonconforming Use of Structures. (1) Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on areas, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the conditions contained herein. (2) Such nonconforming use of structures shall be subject to the following conditions: (a) No nonconforming use may be enlarged or altered in any way which increase its nonconformity but any structure or portion thereof may be altered to decrease its nonconformity; (b) In the event that a nonconforming structure is moved for any reason for any distance whatever, such structure shall conform to the regulations for the district in which it is located after it is moved; and, (c) Any structure in which a nonconforming use is superseded by a conforming use, shall thereafter conform to district regulations, and the nonconforming use may not be resumed. (G) Damage of a Nonconforming Structure or Use. (1) If a nonconforming structure or use is damaged by more than fifty (50) percent of its replacement value, all of its rights as a nonconforming structure or use shall be terminated. (2) If a nonconforming structure or use is damaged by less than fifty (50) percent of its replacement value, such structure or use may be repaired or reconstructed and used as before the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar days of such damage and shall be completed within twelve (12) months. (H) Continuation of Nonconforming Use. (1) Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Code may be continued, although such use does not conform with this Code. (2) Continuation of a nonconforming use shall be subject to such regulations as the city commission may require for immediate preservation of adjacent property prior to the ultimate removal of the nonconforming use. (I) Change in Nonconforming Use. (1) If no structural alterations are made, a nonconforming use may be changed to another nonconforming use, provided that the new use is within a higher or more restrictive classification than the original use. (2) In the event that a nonconforming use of a building is changed to a conforming use or another nonconforming use of more restricted classification, the use shall not be changed later to a less restrictive classification. Supp. No. 2 105 SOT-7H iV17 . II T..AND DhVLLUrD=1-41 Uvi,j, (3) In the event that a nonconforming use is changed to another nonconforming use of more restricted classification, the prior less restrictive classification shall be consid- ered abandoned. (Ord. No. 9- 90- 1449, 6- 12 -90; Ord. No. 4-93- 1533, 6 -1 -93; Ord. No. 19-96 -1619, §§ 3, 4, 10 -1 -96) 20-4.9 Historic preservation standards. (A) Historic and Archeological Sites. (1) The Secretary of the Interior's Standards for Historic Preservation Projects: with Guidelines for Applying the Standards, 1979, or as may be updated, and the Metropolitan Dade County historic preservation guidelines shall be used by the board for reviewing projects proposed for designated historic properties and sites or for properties within historic districts. (2) In addition to the above referenced federal and county guidelines, the following shall also be utilized as general standards by the board for determining structures and sites having historic or archeological significance: (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association, and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history; or (c) Are associated with the lives of persons significant in our past; or (d) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master, or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual dis- tinction; or (e) Have yielded, or are likely to yield information in history or prehistory; or (f) Are listed in the National Historic Register. (B) Demolition of Historic Structures. In addition to all other provisions of this Code, the board shall consider the following standards in evaluating applications for demolition of designated historic structures. (1) Is the structure of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark? (2) Is the structure of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense? (3) Is the structure one of the last remaining examples of its kind in the area, city, county or region? (4) Does the structure contribute significantly to the historic character of a designated district? Supp. No. 2 106 20 -3.3 SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) P = PERMITTED BY RIGHT S = PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20 -3.4) PARK = PARKING REQUIREMENTS (See Section 20- 4.4(B)) x = No conditions were -adopted Supp. No. 2 30 ZONING DISTRICT R R R R R R R R R L M N S G I H P P C P USE TYPE S S S S T T M M O O O R R R I R O A 1 2 3 4 6 9 1 2 N R 8 4 D K PLANNED UNIT DEVET, OPMENT RESIDEN- S S S S S S S S S S S S S S S S 8 TIAL USES Dwelling, Single - family P P P P P P I P P S 17 1 Dwelling, Townhouse P P P P S P 17 2 Dwelling, Two - Family P P P S 17 1 Dwelling, Multi- Family P P S P 17 3 Community Resid Home, 6 or less P P P P P P P P P P 1 Community Resid Home, 7 or more P P P P 1 PUBLIC AND INSTPTUTIONAL USES Adult Congreg Living Facil- ity FS S S S 13 1 Church, Tompie or Syna- I S I S S I S S S I S I 6 gogue II Convalescent Home P P P P 13 Day Care Center (7 or more children) P P P P P P P P P 10 Fraternal Organization or Private Club S S S S S P P 2 7 Governmental Administra- tion P P P P P 10 Hospital S I 114 5 Supp. No. 2 30 K. Staff ar�.tued that a variance did not seem like the answer. L. Mr. Wiscombe said that new zoning might alleviate Habitat for Humanity's inconsistency with the City. M. Staff said that the 15- and 20 -foot requirements were a good move towards consistency. He added that Habitat for Humanity provided affordable housing. which the City needs. and always increases the value of the property the}, replace. He felt CRA would give adequate time and attention to this issue. N. Ms. Chimelis suggested that the Board draft a Ietter to CRA to make this a priority. O. Mr. Pages recommended that tonight's minutes and the previous be forwarded to CRA. VI. Fraternal Organizations in the PI zoning district A. Staff recommended granting PI zoning to the Elks' Club through a special use approval because the organization operates much like a church or community organization. B. Mr. Morton recused himself because he is an Elk and might do architectural work on the Lodge depending on the outcome of the club's request. C. Mr. Pages had no objection. E. Mr. Basu asked how the property was zoned PI and what was there before. F. Staff did not know. G. Mr. Basu asked where fraternal organizations were usually allowed. H. Staff responded that most organizations were granted a special use permit for many zones including RM -24 and RS -18. I. Mr. Basu suggested that RM -24 might be a better zoning district for the property than PI. His concern was the use of the property if the property were sold. J. Mr. Pages asked staff to clarify the item. K. Staff explained that the club existed in the current zone through legal non - conformity of the PI district and that their wish to renovate their building and operate a catering a service was not permitted under those conditions. PB Min 06 -30 -98 5 L. Because of the large size of the property. Mr. Basu suggested that it be changed to a residential zoning district. M. Mr. Paues asked for a clarification of catering. N. Staff responded that it involved the preparation of food for off -site consumption. O. Staff said that it would be best to explore changing the property's zoning to RM -24 and asked for the Board's opinion on the catering issue. P. Mr. Pages said that it was a reasonable suggestion. Q. Mr. Basu was concerned for the impact of the catering on the nearby residences. R. Staff responded that any provisions restricting the catering can be written into the special use permit. S. Staff said the special use variance would be written and sent to the Commission for first reading. VII. Approval of minutes A. Motion: Mr. Wiscombe moved to approve the minutes from May 26, 1998 as presented. Mr. Morton seconded. Vote: Approved:6 Opposed:0 VIII. Remarks A. Mr. Pages opened the public hearing. B. Mr. Tucker, from the audience, spoke on the telecommunication towers and the infringement on local power by the federal government it represents. C. Mr. Pages closed the public hearing. D. Staff thanked the Board for their insight when discussing the different items. 1. Mr. Pages was also pleased with the process. 2. Mr. Basu mentioned that traffic calming is another issue that should be discussed with candor. IX. Adjournment PB Min 06 -30 -98 6 4. The board briefly discussed the ordinance. V. FRATERNAL ORGANIZATIONS IN THE PI ZONING DISTRICT 1. Mr. Pages asked if anyone in the audience was present to discuss the local planning agency. the Elks Lodge, and the Telecommunication Towers. 2. Mr. Pages suggested changing the order of the agenda and discussing the Elks Lodge. 3. Staff presented the agenda item concerning the Elks Lodge as an item for discussion, not for vote. 4. Frost Walker signed in for the record to represent the Elks Lodge in their appeal to include fraternal organizations in the PI zoning and to grant them a catering operation license. 5. Mr. Walker added that since the South Miami Elks Lodge has existed at its present location for 40 years with or without the appropriate zoning, the City might as well make the appropriate changes to officially include fraternal organizations in the PI zoning district. 6. The Public hearing was opened. No one had any comments. The public hearing was closed. 7. Mr. Basu questioned why fraternal organizations are not included in the PI zone to begin with if the Elks Lodge already exists within that zone. 8. Staff responded that the area was changed from RM -24 to PI in 1989. 9. Mr. Basu asked if anyone from the Elks Lodge had any insight on that change in order to understand the reason behind the change. 10. Mr. Basu also wanted the Elks Lodge to be more specific about the amount of catering that would take place. 11. Staff pointed out that there are single family residences across the street from the Elks Lodge that might be affected by the operation of a catering service. 12. Mr. Frost said that the Elks Lodge intended to buffer the residences with fencing and landscaping. 13. Mr. Frost also mentioned that the residential area was on the opposite side of the kitchen, where the catering would be taking place, adding that their only plan is to enhance the area not become a detriment to it. PB Min 07 -14 -98 5 14. Mr. Basu explained that a zoning decision was important beyond the intentions of the Elks because they might one day choose to sell the property. 15. Mr. Frost said that if the City is worried about the property being sold. they should allow the improvements to be made on their lodge. 16. Mr. Scurr asked why the Elks Lodge considers RM -24 to be down- zoning if it is less restrictive than PL 17. Mr. Frost responded that it would be difficult to sell property surrounded by a Taco Bell and an Amoco as residential property. 18. Mr. Basu said that it is in the best interest of the City to promote housing through an RM -24 zoning rather than add a category to PI zoning. 19. Mr. Frost asked for the board to restate the status of their application. 20. Staff said that the Elks Lodge had several options in order to obtain their permit. 21. Mr. Frost said that their main concern was the catering permit and that the zoning issue was something that staff brought up. 22. Staff said that catering was not permitted in their zoning district. 23. Mr. Basu said that it was important to define the scope of the catering for concern for the residents nearby. 24. Mr. Frost responded that the improvements they wanted to make were all with the community in mind. 25. Mr. Basu was in agreement, but opined that they must take the people living around the lodge into account. 26. Mr. Pages affirmed that it was the long -term ramifications of a zoning change that concerned the board. 27. Ms. Chimelis said that the size of the kitchen would dictate the scope of the catering if that was a concern. 28. Ms. Chimelis also said that the long -term scope of the club is important, but that this zoning question was an impediment to the speed with which the club can carry out its improvements and that this was probably not the best time to change the long -term zoning. 29. Staff suggested submitting the following to the Mayor and City Commission for approval to PB Min 07 -14 -98 6 expedite the Elks' request: (1) Ordinance to admit fraternal organizations in the PI zoning district (2) Ordinance to permit catering services in the PI zoning district (3) Special Use Resolution to allow the Elks Lodge to operate a catering service. 30. Mr. Basu suggested to consider the options separately and to make the proper restrictions on the catering to keep it in check. 31. Staff reassured the Board that under a special use request all details could be articulated in order for the greatest amount of restrictions to be in place while still allowing the Elks Lodge to operate its catering service. 32. Mr. Pages ended the discussion and concluded that the path was now clear to start working on both the revision of the zoning code to allow fraternal organizations in the PI zoning district and the special use permit for catering that the Elks Lodge requested. V. Approval of Minutes (A). The Board took no vote on minutes at this meeting. VI. Remarks (A). Traffic 1. Mr. Pages inquired about the traffic situation around Shops at Sunset on Bird Road. 2. Staff responded that a group of consultants has been working on studies to alleviate the traffic problems in that area. 3. Staff said that the consultants are scheduled to make a presentation to the City Commission that will provide an overview of some possible solutions. 4. The studies are also targeted towards residential traffic flow through one way streets and/or flashing red lights for which they have received county approval. (B) Staff said that Shops at Sunset are scheduled to open on December 4 rather than October. (C) Staff said that Sunset Drive was scheduled for the end of August. VIII. Adjournment PB Min 07 -14 -98 7 I N11,11 TO: FROM: CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Mayor and Commission DATE: Charles D. Scurr SUBJECT: City Manager f,444 August 4, 1998 Agenda Item 9 Commission Meeting, August 4, 1998 COMMERCIAL WASTE COLLECTION ORDINANCE FRANCHISE AGREEMENTS As you are aware, the Administration has proposed and received conceptual Commission approval on the privatization of commercial solid waste collection. Presently, this operation is conducted by both private companies and City crews (Public Works Department). Over the past year, private companies have lowered their fees to a point where the City can no longer compete in a cost - effective fashion. As previously presented to you, there is also a financial benefit resulting from privatization. This is comprised of a combination of cost savings and franchise fee revenues, both of which are included in next fiscal year's budget. To implement the above, the attached solid waste franchise ordinance is being submitted for your approval. The ordinance, prepared by the City Attorney with input from the Administration, addresses all the legal and operational specifics entailed in the required franchise agreements. Changes and added provisions to Chapter 11 of the City's Code of Ordinances are provided for in the ordinance's language. The provisions of the ordinance are self - explanatory. The most important issues it addresses are the establishment of non - exclusive franchises and associated fees (Sections 11 -2, 11 -3 and 11 -10), setting service standards (Section 11 -12), and the creation of key term definitions (Section 11 -4). The commercial solid waste collection ordinance provides a blueprint for the franchise agreements to be established between the City and private waste collection firms in the coming fiscal year. Approval of the ordinance is recommended. Attachment 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; 7 AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY 8 THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE 9 FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; 10 PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE 11 A PROPERTY RIGHT; RESERVING TO THE CITY THE POWER TO 12 REVOKE FRANCHISES; PROVIDING FOR NON - TRANSFEREBALITY 13 OF FRANCHISE, LIMITATION OF CONTRACT, APPLICATION 14 PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE, 15 SERVICE STANDARDS, CITY MANAGER TO PROMULGATE 16 REGULATIONS, SCHEDULES AND ROUTES, AND TERMINATION; 17 REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11 -3, 18 PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; 19 RETAININING SECTION 11 -2, COLLECTION BY THE CITY; 20 RENUMBERING SECTIONS 11-4 THROUGH 11 -11; PROVIDING FOR 21 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 22 DATE. 23 24 25 WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides that 26 all garbage, trash and refuse accumulated within the city shall be collected, conveyed and 27 disposed by the Public Works Department or a private licensed refuse collection firm; and, 28 29 WHEREAS, the Mayor and City Commission deem it to be in the public interest to 30 continue providing residential collection of municipal solid waste by the Public Works 31 Department, to discontinue providing commercial solid waste collection and to provide for 32 the issuance of non - exclusive franchises to qualified commercial solid waste haulers. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. Section 11 -2 is amended and renumbered as Section 11 -1 to read: Page 1 of 16 Underscored words constitute the amendment proposed. 8—at-4R-14; words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 Sec. 11 -1. Collection of garbage and solid waste UY in the City. 3 4 All garbage, UaA md refuse and solid waste accumulated within the City 5 limits shall be collected, conveyed, and disposed of by and through the 6 d@Pa -t, ;@at of pubkG ;*@ -vs- Public Works Department of the City or a private 7 liap-arad franchised refuse collection firm. No person, firm or corporation 8 shall, for a fee, collect and dispose of or transport over the city streets any 9 garbage, uas;L And refuse and solid waste except as provided in syc4ion I I 10 ballou this chapter. 11 12 Section 2. Section 11 -2 is created to read: 13 14 Sec. 11 -2. Franchise Required. 15 16 It shall be unlawful for any private person, firm or corporation to engage in the 17 business of collecting garbage or solid waste within the City, without a valid 18 franchise from the City. 19 20 Section 3. Section 11 -3 is created to read: 21 22 Sec. 11 -3. City Commission Authorized To Grant Franchise. 23 24 (a) The City Commission is authorized, from time to time to grant one or more 25 non - exclusive franchises granting the right and privilege to operate a 26 garbage and trash collection system in, upon, over, and across the present 27 and future streets, alleys, easements and other public places of the City for 28 the purpose of collecting garbage and trash solely from commercial 29 establishments as defined in this chapter, which desire these services within 30 the limits of the Citv. 31 32 (b) The franchisees shall be granted by Ordinance, and only after the applicant 33 for the franchise has filed with the City clerk, an application, and such 34 other documentation as may reasonably be required to establish that the 35 applicant meets all of the requirements of this chanter. W Page 2 of 16 Underscored words constitute the amendment proposed. 8419r.4niak words are deleted. Remaining provisions are now in effect and remain unchanged. 1 (c) The franchises shall initially be granted a period of three years, and shall 2 be renewable thereafter, for successive periods of one year upon 3 application of the franchisee and approval of the application by the City 4 Commission. 5 6 Section 4. Section 11 -4 is created to read: 7 8 Sec. 11 -4. Definitions. 9 10 Biohazardous Waste shall mean any solid waste or liquid waste which may 11 present a threat of infection to humans. The term includes, but is not limited 12 to, non - liquid human tissue and body parts; laboratory and veterinary waste 13 which contains human- disease - causing agents; used disposable sharps, human 14 blood, and human blood products and body fluids; and other materials which 15 in the opinion of the Department of Health and Rehabilitative Services 16 represent a significant risk of infection to persons outside the generating 17 facility. 18 19 Biological Waste shall mean solid waste that causes or has the capability 20 of causing disease or infection and includes, but is not limited to, biohazards 21 waste, diseased or dead animals, and other waste capable of transmitting 22 pathogens to humans or animals. 23 24 City shall mean the City of South Miami, Florida. 25 26 Commercial Establishments shall mean any business establishment of any 27 nature or kind whatsoever other than a residential unit. 28 29 Director shall means the Director of Public Works. 30 31 Garbage shall mean every refuse accumulation of animal, fruit, vegetable, 32 or organic matter that attends the preparation, use, cooking and detailing in, or 33 storage of, meats, fish, fowl, fruit, or vegetables, and decay, putrefaction and 34 the generation of noxious of offensive gases or odors, or which, during or after 35 decay, may serve as breeding or feeding material for flies or other germ 36 carrying insects. 37 Page 3 of 16 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 Garbage Can or Container shall mean a container made of galvanized 2 metal, durable plastic on other suitable material of a capacity not less than ten 3 gallons and not to exceed thirty gallons approved for use by the City Manager 4 or his designee. Such container shall have two handles upon the sides thereof, 5 or a bail by which dirt may be lifted, and shall have a tight fitting solid top. 7 Gross Receipt shall mean the entire amount of fees collected by a 8 franchisee, exclusive of state sales taxes provided by law from any person 9 within the City for garbage, hazardous, industrial, biomedical, biological, or 10 solid waste; construction and demolition, debris, trash, lifter refuse, and /or 11 rubbish collection, removal and disposal. 12 13 Hazardous Waste shall mean solid waste, or a combination of solid wastes, 14 which, because of its quantity, concentration, or physical, chemical, or 15 infectious characteristics, may cause, or significantly contribute to an increase 16 in mortality or an increase in serious irreversible or incapacitating reversible 17 illness or may pose a substantial present or potential hazard to human health 18 or the environment when improperly transported, disposed of, stored, treated, 19 or otherwise managed. 20 21 Industrial Waste shall mean any and all debris and waste products 22 generated by manufacturing, food processing (except restaurants), land 23 clearing, any commercial shrubbery or tree cutting, building construction or 24 alteration (except do- it- yourself home projects) and public works type 25 construction projects whether performed by a s4overnment unit or by contract. M 27 Infectious Waste shall mean those wastes which may cause disease or may 28 reasonably be suspected of harboring pathogenic organisms. Included are 29 wastes resulting from the operation of medical clinics, hospitals, and other 30 facilities producing wastes which may consist of, but are not limited to, 31 diseased human and animal parts, contaminated bandages, pathological 32 specimens, hypodennic needles, contaminated clothing, and surgical gloves. Page 4 of 16 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 2 Loose Refuse shall mean any refuse, either garbage or trash stored in and 3 collected from any type of container other than a mechanical container or 4 garbage can. Refuse which is collected from the ground is considered loose 5 refuse. 7 Mechanical Container shall mean and include any detachable metal 8 container designed or intended to be mechanically dumped into a 9 loader /packer type of garbage truck used by the franchisee. 10 11 Performance Bond shall mean the form of security approved by the City 12 and furnished by the franchisee as required as a guarantee that the franchisee 13 will execute the work in accordance with the terms of this chapter and will pay 14 all lawful claims. 15 16 Recyclable Materials shall mean those materials which are capable of 17 being recycled and which would otherwise be processed or disposed of as solid 18 waste. 19 20 Refuse shall mean both rubbish and garbage or a combination or mixture 21 of rubbish and garbage, including paper, glass, metal and other discarded 22 matter, excluding recyclable materials. 23 24 Refuse Regulations shall herein refer to regulations prescribed by the City 25 together with such administrative rules, regulations and procedures as may be 26 established under or pursuant to this Chapter. 27 28 Solid Waste shall mean refuse, yard trash, clean debris, white goods, 29 special waste, refuse, or other discarded material. 30 31 Special Waste shall mean solid wastes that can require special handling and 32 management, including, but not limited to, asbestos, whole tires, used tires, 33 used oil, lead -acid batteries, mercury lights and biological wastes. M Page 5 of 16 Underscored words constitute the amendment proposed. 041@4:444-1 words are deleted. Remaining provisions are now in effect and remain unchanged. 1 Section 5. Section 11 -5 is created to read: 2 3 Sec. 11 -5. Franchise Not To Constitute Property Right. 4 5 No franchise granted pursuant to this chapter shall be deemed the property of 6 the holder thereof 7 8 Section 6. Section 11 -6 is created to read: 9 10 Sec. 11 -6. City's Power To Revoke Franchise, Amend Regulations. 11 12 (a) The City reserves unto itself the power to revoke all franchises granted 13 pursuant to this chapter, to change or limit the rights granted, or to 14 otherwise modify the franchises, in its sole discretion, by ordinance duly 15 enacted by it. Such action shall not be deemed a taking of a property, 16 contract, or other right of any franchisee, it being the express intention of 17 this chapter to reserve unto the City, the power, in its sole discretion, to 18 alter the methods of garbage collection employed in the City, and the 19 manner in which to service garbage collections delivered within the City. 20 21 (b) The City further reserves the power to amend this chapter from time to time 22 at the sole discretion of its City Commission, and shall not be estopped to 23 do so, notwithstanding the grant of any franchise or franchises to any 2 4 ep rson. 25 26 Section 7. Section 11 -7 is created to read: 27 28 Sec. 11 -7. Non - Transferability. 29 30 Franchises shall be non - transferable. Any attempt to transfer legal, equitable 31 or beneficial interests in any franchise shall render it void. Page 6 of 16 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 Section 8. Section 11 -8 is created to read: 3 4 Sec. 11 -8. Limitation of Contract. 5 6 No contract for the collection of garbage or trash within the City shall be for 7 a term in excess of one year, or contain any provision for the automatic s renewal of the contract. 9 10 Section 9. Section 11 -9 is created to read: 11 12 Sec. 11 -9. Application Procedure. 13 14 Any person desiring a non - exclusive franchise to collect garbage or trash 15 within the City from commercial establishments shall file an application with 16 the City Manager. The application shall be on such form as the City Manager 17 may promulgate which shall at minimum include the following information. II 19 (a) The applicant's name, address, and telephone number. In the case of an 20 applicant having more than one office within Dade County, the applicant 21 shall designate a primary office from which accounts in the City will be 22 serviced, and the address and telephone number of all offices within Dade 23 County which are supervisory to the office serving the City. 24 25 (b) Evidence of insurance meeting the minimum requirements set forth in this 26 chapter. 27 28 (c) A complete list of the vehicles which will be used to service accounts in the 29 City. This list shall include the year, make, model number and license plate 30 number of each vehicle. 31 32 (d) Evidence that proposed franchisee has obtained all required county, state 33 and federal licenses or pennits required to engage in the business of 34 garbage or solid waste collection. Page 7 of 16 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 (e) Evidence that the proposed franchisee has made arrangements to dispose 3 all garbage and solid waste collected by it outside the City limits, in —a 4 facility designed and licensed for the disposal of garbage and solid waste 5 and which meets all requirements of law. 6 7 (f) The name, address, business telephone and home telephone of one or more 8 responsible managerial employees who may be contacted by the 9 appropriate City officials in the event of an emergency. 10 11 (g) If the applicant is other than a natural person, sufficient information to 12 identify the shareholders, partners or other persons holding any legal or 13 beneficial interest in the applicant in the excess of ten percent (10 %). 14 15 (h) A performance bond in the amount of $100,000, with good and sufficient 16 sureties conditioned upon the compliance of the terms of this Chapter and 17 such form as the City Attorney may require. 18 19 Section 10. Section 11 -10 is created to read: 20 21 Sec. 11 -10. Fees; Reporting Requirements. 22 23 (a) Franchise Fee. 24 25 (1) In order to compensate the City for the use of its streets, alleys, roadways 26 and other property, and for wear and tear, each franchisee shall pay the 27 City an annual fee of $5,000. In addition the franchisee shall pay to the 28 City, a franchise fee of 15% of the franchisees' gross receipts from 29 accounts within the City serviced by franchisee. 30 31 (2) This fee shall be in addition to any occupational license taxes levied by the 32 City upon the franchisee's business activities. 33 34 (b) Reporting Requirements; Fee For Underpayment. Page 8 of 16 Underscored words constitute the amendment proposed. 9va;sUawk words are deleted. Remaining provisions are now in effect and remain unchanged. 2 (1) Each franchisee, by accepting the franchise, shall agree to deliver to the 3 City Finance Department a true and correct statement of gross receipts 4 generated during the previous month from its services rendered within the 5 City on or before the last day of each month. Payments of fees shall be 6 made on a monthly basis to the City Finance Department on or before the 7 last day of each month, representing gross receipts collected the previous 8 month. The franchisee shall on or before 30 days following the close of 9 each fiscal year deliver to the director a statement of its annual gross 10 receipts generated from accounts within the city prepared by an 11 independent certified public accountant reflecting gross receipts within the 12 city for the preceding fiscal year. The permittees will allow city auditors, 13 during regular business hours after reasonable notice, to audit, inspect, and 14 examine the permittees' fiscal books and records and tax returns, insofar 15 as they relate to city accounts, to confirm the permittees' compliance with 16 this section. In the event the permittee fails to pay the full franchise fee 17 percentage of the permittee's total monthly gross receipts, the fee shall 18 bear interest at the rate of one percent per month on the outstanding 19 balance until paid and additionally the permittee shall have to pay all 20 expenses of collection, including court costs and reasonable attorneys fees. 21 22 (2) Each franchisee, by accepting the franchise, shall agree to make its books 23 and records available to the City Manger, or the City Manager's designated 24 representative for inspection or audit during normal business hours, upon 25 receipt of 48 -hours written notice. 26 27 (3) If any audit or examination discloses an underpayment to the City greater 28 than 15% of a required payment, in addition to payment of the 29 underpayment, the franchisee shall pay for the expenses of the audit and a 30 penalty equal to three times the underpayment. 31 32 (c) Information Required of Permittees. 33 34 (1) At least annually, but not more frequently than quarterly, as determined 35 by the director, each permittee shall supply the following information on 36 a form and in the manner prescribed by the director: 37 Page 9 of 16 Underscored words constitute the amendment proposed. Q;,a;rtAjrJ words are deleted. Remaining provisions are now in effect and remain unchanged. 1 a. A listing, as of the reporting date, of the names and addresses 2 of customers, the addresses of each location served, and 3 schedule of rates charged by the permittee. 4 5 (2) Vehicle Registration Fees. Each and every permittee shall pay, 6 in addition to the fees imposed by this article, an annual vehicle 7 registration fee which shall be in the amount of $25.00 for each 8 vehicle shown on the list required to be submitted as part of the 9 annlication. This fee shall apply to renewals of registration as well. 10 11 Section 11. Section 11 -11 is created to read: 12 13 Sec. 11 -11. Insurance. 14 15 (a) Each franchisee shall maintain not less than the following insurance: 17 Comprehensive General Liability, $1,000,000 18 Property damage, $1,000,000 19 Automotive Liability, $1,000,000 20 Workmen's Compensation as required by law 21 Completed Operations, $1,000,000 KV 23 24 25 26 27 28 29 30 31 32 33 (b) Each policy shall name the City as an additional insured and each franchise shall deliver to the City the certificate or certificates of insurance evidencing the existence of the policies. Each certificate shall provide that the City will be afforded a 30 -day written notice in the event of the cancellation of any of the policies for any reason. The insurance shall only be written by companies rated not less than B +: VI according to the most recent issue of Best Insurance Rating Guide. The certificate shall be submitted with a cover letter addressed to the City from the franchisee's insurance agent or agents stating that they have read the provisions of this section and that the insurance provided meets the minimum reauirements hereof. Page 10 of 16 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 2 (c) The insurance shall contain the following endorsement. 4 In addition to the coverage stated in the body of the policy, the policy shall 5 indemnify and hold harmless the City of South Miami, its officers, agents 6 and employees from all claims for bodily injuries to the public in and up 7 to the amount of $3,000,000.00 for each occurrence and for all damages to s the property of others in and up to the amount of $1,000,000.00 for each, 9 including costs of investigation, all expenses of litigation, including 10 reasonable attorney fees and the cost of appeals arising out of any such 11 claims or suits because of any and all acts of omission or commission by 12 the franchisee, his agents, servants, or employees, or through the mere 13 existence of the project under contract. 14 15 (d) All such policies shall be on an occurrence basis rather than a claims -made 16 basis. 17 18 (e) The franchisee shall secure and maintain policies of its subcontractors. All 19 policies shall be made available to the City upon demand. The franchisee 20 shall be responsible to the City for the acts and omissions of any 21 subcontractor or persons employed by them. 22 23 Section 12. Section 11 -12 is created to read: 24 25 Sec. 11 -12. Service Standards. 26 27 All garbage and solid waste collection service provided within the City shall 28 meet the following minimum requirements: 29 30 (a) All solid waste or garbage collection shall begin no earlier than 7:00 a.m. 31 Collection shall cease no later than 11:00 p.m. In case of an emergency, 32 collection may be permitted at other times provided that the contractor has 33 received prior approval from the City Manager, to be later evidenced by a 34 written memorandum confirming the approval. Should the franchisee not 35 confirm and obtain in writing the approval to operate on an emergency 36 basis it shall be presumed that the franchisee did not obtained such 37 approval. Page 11 of 16 Underscored words constitute the amendment proposed. 1 QI words are deleted. Remaining provisions are now in effect and remain unchanged. 2 (b) All trash or solid waste collected within the City shall be transported to an 3 appropriate license dump or transfer or receiving station located outside the 4 City limits. No transfer station or the facility for the temporary storage of 5 garbage or solid waste other than the receptacles at the premises serviced 6 shall be permitted within the City. 8 (c) No vehicle used for the collection of garbage or solid waste shall be 9 pennitted to be parked, stopped or stored within the City except for the 10 time reasonably required to empty garbage or solid waste containers at the 11 premises being served or to comply with traffic laws. The franchisee shall 12 be responsible for the maintenance of all garbage or trash containers or 13 dumpsters in a clean sanitary manner. All equipment shall be kept in good 14 repair, appearance and in a sanitary and clean condition at all times. The 15 franchisee shall have available reserve equipment that can be put into 16 service within two hours of any breakdown. Such reserve equipment shall 17 be of adequate size and capacity in order for franchisee to perform its 18 contractual duties. A list of the franchisee's equipment shall be given to 19 the City at the time of each annual audit. 20 21 (d) Equipment is to be painted uniformly with the name of the franchisee, 22 business telephone number and number of the vehicle in letters not less 23 than two inches high on each side of the vehicle. All vehicles shall be 24 numbered and a record shall be kept of the vehicle to which each number 25 is assigned. No advertising shall be permitted on vehicles, except of events 26 sponsored by the City. 27 28 (e) All containers used for the purpose of storing garbage shall be emptied not 29 less often than two times weekly, or more often as the City Manager 30 determines that the health and welfare public requires additional pick -ups. 31 Pick -ups shall be as evenly spaced as possible. 32 33 (f) The franchisee shall be responsible for the condition of all containers 34 provided for the storage of garbage or solid waste. All containers used for 35 the storage of garbage or solid waste shall be sanitized and otherwise 36 maintained on a regular basis. 37 Page 12 of 16 Underscored words constitute the amendment proposed. Q;,@;rtPiGk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 (g) Each garbage can, dumpster, or other container for the storage of garbage 2 shall be of such design as to prevent the infestation of the container by 3 insects or vermin. - 5 (h) Each franchisee shall be responsible for determining the type of garbage 6 or solid waste generated by its customers and assuring the proper disposal 7 of the garbage or solid waste. By way of example, franchisees servicing s medical offices or buildings containing medical offices shall be responsible 9 for assuring that the used bandages, dressings, needles and the like are 10 disposed in a manner appropriate for such items. 11 12 (i) Each franchisee's solid waste collection employee shall wear a uniform 13 shirt bearing the company's name. The franchisee shall furnish to such 14 employee an identifying badge not less than two and a half inches in 15 diameter with numbers and letters at least one inch high, uniform and type. 16 Employees shall be required to wear such badges while on duty. The 17 franchisee shall keep a record of employees names and numbers assigned. 18 The franchisee shall provide, at its expense, a suitable office located 19 within a close proximity to Miami -Dade County where telephone 20 complaints shall be received, recorded and handled during normal working 21 hours of each week and shall provided for prompt handling of emergency 22 complaint along with the special emergency complaints or calls. 23 24 (j) Each vehicle operator shall, at all times, carry a valid driver's license for 25 the type of vehicle that is being driven. 9!T 27 (k) The franchisee shall assure that its employees serve the public in a 28 courteous, helpful and impartial manner. The franchisee's collection 29 employees will be required to follow the regular walk for pedestrians while 30 on private property. No trespassing by employees will be allowed, nor 31 crossing the property of neighboring premises unless residents or owners 32 of both properties shall have given permission. Care shall be taken to 33 prevent damage to property including, but not limited to, garbage cans, 34 carts, racks, trees, shrubs, flowers and other plants. 03 Page 13 of 16 Underscored words constitute the amendment proposed. 4t;ick words are deleted. Remaining provisions are now in effect and remain unchanged. 1 (1) Franchisee shall notify all customers in writing about complaint 2 procedures, rates and regulations. A copy of the procedures and any 3 amendments or updates shall be provided to the City of South Miami. 4 5 (m)Except for servicing of dumpsters and servicing construction sites, a 6 franchisee that contracts for servicing of any property shall provide 7 Lyarbaize collection service and all related services required by the property. . 9 Section 13 . Section 11 -13 is created to read: 10 11 Sec. 11 -13. City Manager to Promulgate Regulations. 12 13 (a) The City Manager shall be authorized to promulgate rules and regulations 14 as he or she may deem appropriate to effectuate the requirements of this 15 chapter and to assure that garbage and trash collection in the City is 16 performed in a manner as to promote the health, safety and welfare of the 17 residence of the Citv. ilE: 19 (b) In promulgating regulations, the City Manager shall consider the best 20 available technology for the collection of garbage and solid waste and 21 require the use of such technology as is prudent and feasible. The City 22 Manager shall also consider the nature of the establishment and particular 23 level of services required. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 14. Section 11 -14 is created to read: Sec. 11 -14. Schedules and Routes. a) The City reserves the power to deny a franchisee's vehicles access to certain streets, alleys and public way inside the City in route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets. A franchisee shall not interrupt the regular schedule or quality of service because of street closures less than eight hours in duration. The City shall notify the franchisee of street closures of longer duration and arrangements for service will be made in a manner satisfactory to the franchisee and the City. Customers shall receive reasonable notification of the schedules provided by the franchisee prior to Page 14 of 16 Underscored words constitute the amendment proposed. Q;,@rstisk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 commencement of service. Notification, material, methods and frequency 2 of delivery shall be approved by the City. Only local truck routes shall be 3 used in transit, unless specifically for the purpose of collection. 4 5 (b) Storm. In case of a storm, the City Manager or his designee may grant the 6 franchisee a reasonable variance from regular schedules and routes. As 7 soon as practicable after a storm, the franchisee shall advise the City s Manager and the customer of the estimated time required before regular 9 schedules and routes can be resumed. 10 11 (c) Force Majeure. The performance of any act by the City or franchisee may 12 be delayed or suspended at any time while, but only so long as, either party 13 is hindered in, or prevented from, performance by acts of nature, war, 14 rebellion, strikes, lockouts or any other cause beyond the reasonable 15 control of the affected person. 16 17 Section 15. Section 11 -15 is created to read: 1s 19 Sec. 11-15. Termination. 20 21 (a) In addition to its other powers pertaining to any franchise, the City reserves 22 the power to terminate the franchise upon a finding of the Director that a 23 franchisee has failed to comply with one or more of the requirements of 24 this Chapter. 25 26 (b) Prior to making a finding of a violation of this Chapter, the Director shall 27 notify the franchisee in writing of the deficiency and provide the franchisee 28 an opportunity to dispute the Director's findings. The Director shall 29 provide the franchisee an opportunity for an informal hearing, if requested 30 within five days of receipt of the deficiency findings. 31 32 (c) Non - payment of the franchisee of fees or failure to file the required report 33 shall be grounds for termination, after ten days written notice, without 34 hearing. 35 36 (d) Any decision of the Director under this section, with the exception of 3 7 arp agraph (c), may be reviewed upon written request by the a22rieved Page 15 of 16 Underscored words constitute the amendment proposed. S-argwial.; words are deleted. Remaining provisions are now in effect and remain unchanged. 1 franchisee to the City Manager. Notice of Appeal should be filed in 2 writing with the Director no more than ten days after receipt of written 3 advice that the franchisee is terminated. 4 5 (e) The City Manager shall set the date and time for hearing the appeal. The 6 hearing shall be held not less than fourteen or more than sixty days after 7 receipt of the notice of appeal. The City Manager or his designee shall 8 either affirm the decision of the Director or direct the Director to issue or 9 reinstate the franchise, with or without conditions. 10 11 Section 16. Former section 11 -1, Definitions, and former section 11 -3, Permit 12 required for collection, transport and disposal; regulation of permittees, are repealed. 13 14 Section 17. Fortner sections 11 -4 through 11 -11 are renumbered to sections 11 -16 15 through 11 -23, respectively. 16 17 Section 18. If any section, clause, sentence, or phrase of this ordinance is for any 18 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 19 not affect the validity of the remaining portions of this ordinance. 20 21 Section 19. All ordinances or parts of ordinances in conflict with the provisions of 22 this ordinance are hereby repealed. 23 24 Section 20. This ordinance shall take effect immediately at the time of its passage. 25 26 27 PASSED AND ADOPTED this day of August 1998. 28 2 9 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 16 of 16 Underscored words constitute the amendment proposed. 8;,P-rs4RjQJ words are deleted. Remaining provisions are now in effect and remain unchanged.