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09-15-98......................... .......................... .......................... ........................... 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: September 15, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: October 6, 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): ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - August 18, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - September 15, 1998 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMPLOYEE BENEFITS; DESIGNATING MS. SUSAN REDDING AS AGENT OF RECORD; PROVIDING DUTIES; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER OF THE CITY OF SOUTH MIAMI TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE JOINT COMPLETION OF A LOCAL MITIGATION STRATEGY WITH SATELLITE CITIES FOR THE CORAL GABLES DIVISIONAL EOC, INCLUDING THE CITIES OF CORAL GABLES, WEST MIAMI, SWEETWATER, AND THE VILLAGE OF PINECREST. (Administration) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2- 26.6(A) OF THE CODE OF ORDINANCES; PROVIDING FOR INCREASE IN MEMBERSHIP; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1st Reading - September 1, 1998) (Mayor Robaina) 3/5 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA FIXING THE MILLAGE AT 6.59% WHICH EXCEEDS THE ROLLBACK RATE BY 3.65 %, RESULTING IN NO CHANGE OF PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 1998/99. (1st Reading - September 8, 1998) (Administration) 3/5 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $10,541,625 AND PAY PLAN FOR THE 1998/99 FISCAL YEAR. (1't Reading - September 8, 1998) (Administration) 3/5 REGULAR CITY COMMISSION 2 AGENDA - September 15, 1998 RESOLUTION (S) PUBLIC HEARING (S) 9. 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 "FRATERNAL ORGANIZATION," PURSUANT TO SECTION 20.3.4(B)() OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 6304 SW 78TH STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 RESOLUTION (S) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; ENGAGING MR. JOHN C. DELLAGLORIA, ESQ. TO SERVE AS GENERAL COUNSEL TO THE AGENCY; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 11. 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 SOUTHEASTERN ENGINEERING CONTRACTORS, INC., TO CONSTRUCT THE 1157TH COURT PART II" PROJECT, AT A COST NOT TO EXCEED $34,500.00, AND CHARGING THE DISBURSEMENT TO "STORMWATER TRUST FUND MAINTENANCE AND REPAIR OF STREETS AND PARKWAYS" ACCOUNT NO. 111- 1730 - 541 -4640. (Administration) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO JEAN WILLIS PARK; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ARRANGEMENTS TO FACILITATE A TREE DEDICATION CEREMONY AS A MEMORIAL IN HONOR OF DECEASED PARENTS AND /OR CHILDREN OF EMPLOYEES, DURING THE OCTOBER 10, 1998 FAMILY AND FRIENDS DAY PICNIC SPONSORED BY VICE MAYOR ARMANDO OLIVEROS, JR. (Administration) 3/5 ORDINANCE (S) FIRST READING 13. AN ORDINANCE O F CITY OF SOUTH REDEVELOPMENT SECTION 2 -26.2 REGULAR CITY COMMISSION AGENDA - September 15, 1998 THE MAYOR AND CITY COMMISSION OF THE MIAMI, FLORIDA, CREATING A COMMUNITY AGENCY ADVISORY BOARD; ESTABLISHING IF THE CODE OF ORDINANCES; ESTABLISHING 3 MEMBERSHIP; ESTABLISHING DUTIES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TELECOMMUNICATION FACILITIES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DELETING SECTION 20- 5.23(B), ENTITLED "MICROWAVE ANTENNAS," AND CREATING ARTICLE x, ENTITLED "SITING REGULATIONS FOR TELECOMMUNICATION TOWERS AND ANTENNAS ", PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM STANDARDS, PERMITTED USE, PROCEDURES FOR SPECIAL USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND REMOVAL OF ABANDONED TELECOMMUNICATION FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT CODE AND EFFECTIVE DATE. (Administration /P &Z) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION ". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 4 AGENDA - September 15, 1998 Id v CITY OF SOUTH MIAMI To: Mayor and Commission From: Charles Scurr City Manager Coll? Date: September 15, 1998 Agenda Item # Iq Insurance Agent of Record - Ms. Susan Perry Redding The purpose of this memorandum is to recommend the engagement of Ms. Susan Perry Redding as Agent of Record for the group life, health and dental Insurance programs of the City. An Agent of Record provides valued and necessary services for the City including negotiating best rates with insurance carriers and representing the City and individual employees in important claims matters. The City has traditionally retained an Agent of Record to perform these important functions. Ms. Susan Perry Redding was the City's Agent of Record for many years and performed these functions in an excellent manner. It is recommended that the City re- engage Ms. Redding as Agent of Record, per the guidance of the Commission on July 21, 1998. Ms. Redding will be compensated by the insurance companies at the standard industry rate. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMPLOYEE BENEFITS; DESIGNATING MS. SUSAN REDDING AS AGENT OF RECORD; PROVIDING DUTIES; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission of the City of South Miami desire to provide health, dental and life insurance benefits to attract, retain and provide incentives for it's employees; and WHEREAS, the Mayor and City Commission believe that it is a benefit to the City's employees to engage an agent of record to handle specific lines of insurance and to provide employee enrollment and claims handling assistance; and WHEREAS, the Mayor and City Commission desire to re- engage Ms. Susan Redding as agent of record. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. Ms. Susan Perry Redding is re- engaged as agent of record for group life, health and dental insurance to provide the services identified in her July 29, 1998 letter, a copy of which is annexed and made part of this resolution. The engagement is at will and shall continue until any party terminates the engagement by giving written notice to the other party. Ms. Redding shall be compensated the standard industry rates which shall be paid by the insurers. Section 2. This resolution shall be effective July 21, 1998, which is the date the City Commission directed that Ms. Redding be retained as agent of record. PASSED AND ADOPTED this ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney day of , 1998. APPROVED: Mayor Pun-13-98 04:05P - v t Baa s -�. a e _ � e OLOMM M s � =: &,aka G_l 563 6345 _ 0Z ,° 306 66a r i ®,g p _oft CAB Va C; Cap .,V9 ®s 3evoi s n !90 = ` C; -Rat [, -� SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles Scurr, ,�/J City Manager e �� '". DATE: Sept. 9, 1998 SUBJECT: Agenda # Comm. Meeting Sept. 15,1998 Local Mitigation Strategy Interlocal Agreement It is recommended that authorization be granted to execute an Interlocal Agreement for the joint completion of a Local Mitigation Strategy with the satellite cities for the Coral Gables Division Emergency Operation Center, including Coral Gables, West Miami, Sweetwater, and the Village of Pinecrest. In coordinating the development of a county -wide Local Mitigation Strategy, Miami -Dade County Office of Emergency Management divided the twenty -nine (29) municipalities in Miami -Dade County into six (6) smaller regional work groups. The City of South Miami will be part of a five (5) city work group which will include the Cities of Coral Gables, West Miami, Sweetwater and the Village of Pinecrest. The County shall receive $527,000 from the Florida Department of Community Affairs to specifically develop plans which will reduce or eliminate certain risks and hazards to local residents and property owners during natural disasters. Of this amount, the Coral Gables work group will collectively receive $45,000 and the City of South Miami will receive $7,500. Representatives from the five (5) municipalities met and concur that pooling all resources is the most cost- effective approach to satisfying the county planning requirements. Each municipality will contribute 750 of its county allocation towards this joint venture. The funds will be used to hire a consultant to develop a regional mitigation plan which meets county approval and will pay a loo administrative cost fee to the City of Coral Gables. The City will oversee the selection of the consultant, and will issue an RFP to accomplish this task. This project timetable will follow the deliverables required by Miami - Dade County. Each municipality will forward its share to the City of Coral Gables as funds are disbursed by the County. CS /esw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF SOUTH MIAMI TO EXECUTE AN INTER - LOCAL AGREEMENT FOR THE JOINT COMPLETION OF A LOCAL MITIGATION STRATEGY WITH SATELLITE CITIES FOR THE CORAL GABLES DIVISIONAL EOC,IN- CLUDING THE CITIES OF CORAL GABLES, WEST MIAMI, SWEETWATER, AND THE VILLAGE OF PINECREST. WHEREAS, the Florida Department of Community Affairs (DCA) has instituted a twenty million dollar initiative designed to help communities develop a comprehensive Local Mitigation Strategy which will identify disaster - devastated areas eligible for federal and state funding, and which will permanently reduce or eliminate the long -term risk and effect of hazards to local residents and property; and WHEREAS, the City of South Miami, along with the Cities of Coral Gables, West Miami, Sweetwater, and the Village of Pinecrest are recipients of the DCA's initiative funding, and desire to collaborate on the development of a single, unified Local Mitigation Strategy; NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby authorized to execute an Interlocal Agreement with the Cities of Coral Gables, West Miami, Sweetwater, and the Village of Pinecrest, for the development of a single, unified mitigation strategy, included in Attachment "A ". Section 2. That the City Manager is authorized to negotiate and execute any amendments to the Interlocal Agreement. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR INTERLOCAL AGREEMENT FOR JOINT COMPLETION OF A LOCAL MITIGATION STRATEGY THIS INTERLOCAL AGREEMENT is made and entered into this day of _ ,1998, by and between the Cities of Coral Gables, West Miami, South Miami, Sweetwater and the Village of Pinecrest. W I T N E S E T H: WHEREAS, the Florida Department of Community Affairs (DCA) has instituted a twenty- million dollar initiative designed to help communities develop a Local Mitigation Strategy which will identify disaster - devastated areas eligible for federal and state funding, and which will permanently reduce or eliminate the long -term risk and effect of hazards to local residents and property; and WHEREAS, the Cities are recipients of the State of Florida Department of Community Affairs (Funding) to develop a single, unified Local Mitigation Strategy; and WHEREAS, the Department of Community Affairs (DCA) has designated Miami -Dade County (County) as the administrator of the Funding, and the County has agreed to release the Funding upon completion of specific deliverables. NOW, THEREFORE, in consideration of the mutual terms and conditions and the Funding, the Cities agree as follows: ARTICLE I - SCOPE OF COOPERATIVE WORK Section 1.1 Each City shall designate a representative to the Coral Gables Emergency Management Divisional Working Group (Group), organized by the Miami - Dade County Department of Emergency Management, to develop a single, unified mitigation strategy. Each City representative shall be authorized to make decisions regarding pro- cedures or administration of each respective City. Any decisions by the Group which affect the nature or character or real or personal property within City limits or which requires levy of taxes or expenditure of public funds shall remain with the governing entity of the City. Each representative shall attend all Group meetings and complete all Group assignments. Section 1.2 The Group shall, with the assistance of consul - tants, identify and evaluate regional and municipal policies, ordinances and programs that impact hazard mitigation, and establish mitiga- tion priorities and initiatives. -2- Section 1.3 The Cities shall make all necessary efforts, including provision of personnel, equipment and property, to ensure that deliverables requested by the County, and described in Attachment "ATI are timely prepared and submitted to the County in a satisfactory manner. Section 1.4 Each Group representative shall actively assist in the development of procedures to resolve con- flict between government entities that may arise from the development of the Local Mitigation Strategy. Section 1.5 Each Group representative shall actively assist in the development of evaluation criteria and procedures to regularly review, update and revise the Local Mitigation Strategy. Section 1.6 Each Group representative shall review and com- ment on all hazard identification and vuln.era- bility assessment activities and develop a list of potential mitigation initiatives. Section 1.7 The Group shall select a Chairperson whose duties shall include, but not be limited to, calling and presiding at Group meetings. Section 1.8 The City of Coral Gables shall ensure that all Group meetings are properly noticed and re- corded, and that minutes are prepared and main - maintained following each Group meeting. ARTICLE 2 - TERM This Agreement shall be effective upon execution, and shall continue in effect throughout the life of the Local Mitigation Strategy program, currently scheduled to expire July 1, 1999, unless sooner terminated as provided below. The term of this Agreement may be extended upon mutual agreement of all Cities. ARTICLE 3 - FUNDING COSTS AND EXPENSES Section 3.1 Each City, upon receipt of its Local Mitigation Strategy Funding from the Department as described in Attachment "B ", shall forward seventy -five percent (75*-.) of those funds to the City of Coral Gables to be held in trust for consulting and administrative expenses jointly incurred on behalf of the Cities pursuant to this Agreement. -3- Section 3.2 The City of Coral Gables shall solicit and re- view proposals from consultants for necessary services under this Agreement. The group shall recommend an award for final approval by each City. Once each City shall approve the award of a contract to a consultant, each City shall forward a resolution of such action to the City of Coral Gables. The City of Coral Gables shall, upon receipt of the resolution from each City, execute an Agreement with the Consultant. In accordance with the agreed compensation of the Consultant, the City of Coral Gables is authorized to disburse the agreed compensation from the Funding held in escrow on behalf of the Cities and shall notify the respective City of its proportional share of the Consultant's comp- ensation. Additionally, the City of Coral Gables shall disburse from the Funding held in escrow on behalf of the Cities an administrative fee totaling not more than ten (100) percent of the Consultant's compensation. Section 3.3 Upon expiration or termination of this Agree- ment, any surplus Funding shall be returned to each City in proportion to its initial contrib- ution less any costs or expenses. Section 3.4 Each City agrees to make all required payments under this Agreement. However, should any City fail to make a required payment /contribution within thirty (30) days after written notice by the City of Coral Gables, the defaulting City's participation in this Agreement shall be termin- ated. Any Funding contributed by the terminated City which is held by the City of Coral Gables in escrow on behalf of the Cities shall be re- turned less any costs or expenses. Section 3.5 Upon the expiration or termination of this Agreement, the City of Coral Gables shall pro- vide a final report to the Cities of all con- tributions and expenditures made pursuant to this Agreement. If, after receiving such final report, a City determined that its proportionate share of the Funding was not disbursed in accordance with this Agreement, the City of Coral Gables shall submit appropriate docu- mentation or shall return such disputed funds. The City of Coral Gables shall have the sole discretion to determine if the requesting City is entitled to such funds, and the City of Coral Gables' decision on the matter shall be final and binding. Section 3.5 The Cities agree that the Funding provided by the Department of Community Affairs shall rep - resent each City's financial commitment to the cooperative work described in this Agreement. The Cities agree that should the Funding be re- duced, the amount payable under this Agreement shall be reduced. If the Funding from the Department of Community Affairs is no longer available, this Agreement shall be terminated as provided below. ARTICLE 4 - CANCELLATION; TERMINATION Section 4.1 Any City may cancel or terminate its participa- tion in this Agreement provided that such can- cellation or termination is given in writing to the Cities at least ninety (90) days prior to the date of cancellation or termination. Upon cancellation or termination, the Cities shall return to the requesting City the unencumbered Funding remaining as of the cancellation or termination date. The City of Coral Gables shall, upon City cancellation or termination of its participation in this Agreement, notify Miami -Dade County and the Department of Community Affairs of the request- ing City's terminated or cancelled partici- pation. Section 4.2 This Agreement may be cancelled or terminated by all participating Cities provided that the Cities agree on cancellation or termination or only one City desires to continue this Agreement. ARTICLE 5 - DISPUTES All rights created as a result of the contractual relationship between the Consultant and the City of Coral Gables shall inure to the City of Coral Gables, including rights of cancellation and termination. Any disputes shall be resolved by the City of Coral Gables and shall be final. The City of Coral Gables shall notify the Cities of any contractual disputes which may arise between the Consultant and the City of Coral Gables. ARTICLE 6 - SOVEREIGNTY The Cities agree that this Agreement recognizes the autonomy of each City, and it is expressly understood and intended that the Cities are recipients of the mentalities of each other. employees are not the agents ARTICLE 7 - LIABILITY 16'1 Funding and not agents or instru- Furthermore, each City agents or or employees of any other City. Section 7.1 Each City, engaging in any cooperative work pursuant to this Agreement, agrees to assume re- sponsibility for the acts, omissions, or conduct of itself, its employees or agents while engag- ing in the performance of this Agreement, subject to the provisions of Section 768.28, Florida Statutes. Section 7.2 Each City desires to enter into this Agreement only if in so doing each City can place a limit its liability for any cause of action due to an alleged brfeach by tghe City or for any action or claim arising from this Agreement, so that its liability is limited to a maximum of the contributed share of initiative Funding from the Department of Community Affairs. Each City expresses its willingness to enter into this Agreement with rfecovery from any City for any action or claim arising from this Agreement to be limited to a maximum amount of its contribu- ted share of initiative Funding from the Depart - ment of Community Affairs. Accordingly, and notwithstanding any other term or condition of this Agbreement, each City agrees that each City shall not be liable to any City for damages in an amount in excess of its contributed share of initiative Funding from the Department of Community Affairs for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon any City liability as set forth in Section 768.28, Florida Statutes. ARTICLE 8 - INSURANCE Each City shall provide satgisfactgory proof of liability insurance by one or more odf the means specified in Section 768.28(15)(a), Florida Statutes, in an amount which is adequate to cover the risk to which the City may be exposed. ARTICLE 9 - MISCELLANEOUS Section 9.1 This Agreement may be modified by the mutual written consent of the Cities. Section 9.2 Any notices, reports or other written com- munications between the Cities shall be con- sidered delivered when posted by certified mail or delivered in person to the signa- tories of this Agreement at each respective address. Section 9.3 This writing embodies the entire agreement and understanding between the Cities and there are no other agreements and understanding, oral or written, with reference to the subject matter that are not merged and superseded. Section 9.4 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdic- tion to be invalid, illegal or otherwise unen- forceable under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or, if not modifiable to conform with such laws, then each shall be deemed sever- able, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. Section 9.5 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of any other provision and no waiver shall be effcective unless made in writing. IN WITNESS WHEREOF, the Cities have caused this Agreement to be executgfed on the date the last of the Cities initial or signs. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF CORAL GABLES CITY MANAGER ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ATTEST: VILLAGE CLERK APPROVED AS TO FORM: VILLAGE CLERK -7- CITY OF WEST MIAMI CITY MANAGER CITY OF SOUTH MIAMI CITY MANAGER CITY OF SWEETWATER CITY MANAGER VILLAGE OF PINECREST VILLAGE MANAGER ATTACHMENT "A" Payment and Deliverables Schedule The County will distribute a proportionate share of the initiative Funding to each City upon the completion of scheduled deliverables identified below and upon the County's acceptance of these deliverables. The City shall submit an invoice to the County for distribution of the initiative Funding at the conclusion of each contract period. All payments will be made within thirty (30) days or sooner, following receipt of payments from the DCA to the County. The County will distribute the following shares of Funding: At the end of the first contract period, twenty percent (200); at the end of the second contract period, twenty percent (20 %); at the end of the third contract period, forty percent (40 %); and at the final contract period, twenty percent (20 %). The final deliverable shall be the Local Mitigation Strategy document submitted by the County. I. First contract period. Deliverable(s): A listing of municipal agencies and miti- gation, including a narrative describing how these agencies help reduce losses from hazards. A listing of existing municipal policies, ordinances and programs that affect mitiga- tion. II. Second contract period- Deliverables due by September 15,1998. Deliverable(s): A single list of mitigation goals and ob- jectives that will serve to guide a coordin- ated and comprehensive strategy to address mitigation. An analysis of how existing policies,ordin- ances and programs could be strengthened to achieve the mitigation goals and objectives of the community. A hazard identification and vulnerability assessment which will assist in the identi- fication and collection of municipal data and data sources. A listing of private sector entities willing to become involved in local mitigation strategy, and methods to encourage private sector involvement. Procedures to prioritize municipal and county mitigation initiatives. III. Third contract period - Deliverables due March 15, 1999 Deliverable(s) Prepare and submit a critical facilities inventory. Listing of the following: - Public buildings and facilities - Repetitive loss data - Hazardous materials sites - Historical flood data Listing of potential mitigation initiatives which: Reduce vulnerability: - Study and identify cost beneficial mitigation activities, including engineering studies; - Identify mitigation initiatives found in existing local government Capital Improvement Plans for future Funding consideration; and - Recommend program and policy actions and revisions to further promote effective hazard mitigation. Listing of potential Funding sources. IV. Fourth contract period - deliverables due by July 1, 1999. Deliverable(s): Final Local Mitigation Strategy to be sub- mitted to the local governing body for formal adoption. Kcal Mitigation Strategy Funding Allocation Miami -Dade County ,riSdi tiori Qra nt Aw—af A,retAura 15000 Bal Harbour 15000 g4y Harbour Wendt 15400 . sucaytte Park 7500 . -earal G32btes 16000 El Portal 7500 FlorSda car 7500 Golden Beach 7500 Hialeah 30000 Hlakeh Gardens 00 HornetteaQ 15000 laden Creekvllage 2500 lalandla 2500 Key Bryn, 30000 Medley 7500 M-i2rnl 75000 Mlarrml Beach 30000 Miami Shores 7500 Miami sprims 7600 North Say 115000 Natth Mlam( 30000 North Miami Beach 16000 Op3 -todca 7500 + 7500 C r ,South Mlarrml 75fl0"°"'_' Sunny Isle Beach 2500 Surtside 15000 .6weetwater 7500 VnInla Gardens 7500 Jp(ast ivtiaml 7500 �i51�� Uninc 100__..000 Total Award: $527,500 C) The total award listed above will be committed through a contract between the Department of Community Affalrs and the County. All awards are intended to address activities outlined in that contract and in the Department's publication, The Lo a it! '0 `rategy' A Quid book for Florida's Cities end Cp n� ties_. As a condition of accepting this award, the County shall be asked to subcontract identified municipal awards to each respective municipality listed above. The final deliverable of all contracts shall be the development of a single, unified mitigation strategy. �J CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/11/98 6 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1598 City Manager COMMUNITY RELATIONS BOARD The attached Ordinance, which is on for second reading and public hearing, is sponsored by Mayor Robaina and increases the membership of the Community Relations Board from 10 to 15 members. 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 ORDINANCE NO. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2- 26.6(a) OF THE CODE OF ORDINANCES; PROVIDING FOR INCREASE IN MEMBERSHIP; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -26.6 of the City Code of Ordinances creates the Community Relations Board. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 2 -26.6 of the City Code of Ordinances is hereby amended to read. (a) Created; There is hereby created a community relations board for the city. Said board shall consist of fifteen members. The members shall be diverse religious, and ethnic. These individuals shall be selected because of their leadership role in their own groups. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of this remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of ATTEST: CITY CLERK 1St Reading 2nd Reading - READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros Commissioner Feliu: Commissioner Bethel: Commissioner Russell: . 1998. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: September 11, 1998 From: Charles D. Sc Re: AGENDA ITEM #1— City Manager urr f,,,4 P9441 Special Commission meeting Of Sept. 15, 1998 Ordinance regarding 1998/99 budget. The attached ordinance establishes the millage at 6.59 mils on real property in the City of South Miami for the 1998 -99 fiscal year, beginning October 1, 1998 through September 30, 1999. This millage rate is the same as the current year's rate and exceeds the rollback rate by 3.65 percent. Section 200.065 of the state statute requires the percentage increase in millage over the rollback rate be discussed first during the budget hearing before any other issue. During this discussion, the City Commission is required to hear comments regarding the proposed increase and explain the reasons for the proposed increase over the rollback rate. Furthermore, the same statute requires the adoption of the tentative or final millage before the tentative or final budget is adopted. 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AT 6.59 WHICH EXCEEDS THE ROLLBACK RATE OF 6.358 BY 3.65 %, RESULTING IN NO CHANGE OF THE PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 1998/99. WHEREAS, pursuant to Section 200.065, Florida Statutes, tax assessments for all real property within the jurisdiction of the City of South Miami has been made by the property appraiser for Dade County for the fiscal year 1998/99; and WHEREAS, pursuant to the above -cited statutory provision the Mayor and City Commission are required to adopt a tentative, and thereafter, a final millage rate for the taxing jurisdiction of the City of South Miami. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. There shall be and hereby is levied upon real property in the City of South Miami, Florida, a tax of 6.59 mills on the dollar for the fiscal year 1998/99 for the operation expenses of the government of the City for the fiscal year beginning October 1, 1998 and ending September 30, 1999. This millage rate exceeds the rollback rate by 3.6511. Section 2. This ordinance shall take effect on October 1, 1998. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: .r. CITY OF SOUTH MIAMI .......................... .......................... INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: September 11, 1998 From: Charles D. Scuff City Manager Re: AGENDA ITEM # Special Commission meeting Of Sept. 15, 1998 Ordinance regarding 1998/99 budget. The attached ordinance will adopt a budget of $10,541,625 and pay plan for 1998 -99 fiscal year, as submitted by he City Manager to the Mayor and City Commissioners. The pay plan as submitted, does not reflect the 1998 -99 wage increase for collective bargaining unit employees, which is still in negotiations and the cost of living increase for non -union employees which the City Manager might propose in the future. At the completion of negotiations with the two unions (AFSCME and PBA), a revised pay plan would be submitted to the City Commission for approval. For your information, provisions have already been made in the proposed 1998 -99 fiscal year budget to accommodate any pay plan revision the City Manager might propose. 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $10,541,625 AND PAY PLAN FOR THE 1998 /99 FISCAL YEAR. WHEREAS, the City Manager has submitted a proposed budget together with a budget message and supporting schedule including a pay plan; and WHEREAS, pursuant to Chapter 200, Florida Statutes, the Mayor and City Commission are required to adopt a tentative, and thereafter, a final budget for the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Budget for the Fiscal year, as submitted by the City Manager, including the pay plan, as filed in the City Clerk's Office, in an amount of $10,541,625 be and the same is hereby approved. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR = CITY OF SOUTH MIAMI vINTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr a,00 City Manager azi REQUEST: Date: September 11, 1998 Agenda Item # Re: Special Use Request' Fraternal Organization 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 "FRATERNAL ORGANIZATION," PURSUANT TO SECTION 20- 3.4(B)(2) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 6304 SW 78TH STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND On September 1, 1998, the City Commission adopted Ordinance No. 14 -98 -1662, amending the South Miami Land Development Code in order to allow the "fraternal organization or private club" use as a special use in the "PI" Public /Institutional zoning district. On July 27, 1998, the South Miami /Coral Gables Elks Lodge #1676, anticipating the passage of the aforementioned ordinance, applied for a special use permit to operate a fraternal organization at 6304 SW 78t'' Street. Although the Elks Lodge has operated as a fraternal organization on the subject property for more than 46 years, the use is considered a legal nonconforming use —a "grandfathered" use — pursuant to the current South Miami Land Development Code. As a result, the Lodge cannot add to its existing building, substantially renovate, or expand its area of use without ascertaining special use approval. The definition of fraternal organization, special use conditions for all uses, and specific conditions for fraternal organizations are included below: DEFINITION: Fraternal Organization or private club. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a City Manager's Report: Special Use Request for a Fraternal Organization at 6304 SW 78`x' Street service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a non - profit corporation or organization and such corporation or organization's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others. The proposed use would be located in the "PI" Public /Institutional zoning district. A "fraternal organization" 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 -3.41 (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] (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) No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. ANALYSIS: The applicant proposes to make an existing use, which has occupied the site for more than four decades, a legal conforming use in order to substantially renovate the site. The submitted site plan demonstrates that the renovations will significantly improve the site, which will benefit the Lodge, the neighborhood and the City as a whole. Staff believes that the requested special use compliesy with the overall requirements stated under Section 20 -5.8 of the Land Development Code, regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the proposed use meets the conditional requirements set forth in Section 20 -3.4, and the use: City Manager's Report: Special Use Request for a Fraternal Organization at 6304 SW 78 "' Street 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 (13)(1)(b)]; and, c) Complies with all other applicable Code provisions [Section 20 -5.8 (13)(1)(c)]. On September 8, 1998, the Planning Board voted 4:0 (Morton recused) to recommend approval of the request. COMPREHENSIVE PLAN This application does not conflict with the Comprehensive Plan. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing Letter of Intent Site Plan Property Survey Mailing Map Partial Zoning Map Excerpt of Ordinance No. 14 -98 -1662 Summary Planning Board Minutes of the 9/08/98 meeting 6304 SW 78 Street -Elks special use frat org.doc City Manager's Report: Special Use Request for a Fraternal Organization at 6304 SW 7e Street 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 A REQUEST FOR A SPECIAL USE PERMIT FOR A "FRATERNAL ORGANIZATION," PURSUANT TO SECTION 20- 3.4(B)(2) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 6304 SW 78TH STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the subject property is located at 6304 SW 78th Street, South Miami, Florida 33143, and is legally described as follows: Lots 3, 4, 5, & 6, of the "Oak Heights" Subdivision, according to the plat thereof as recorded in Plat Book 46 at Page 64 of the Public Records of Dade County, Florida and; Tract B, of the "Southgate Centre" Subdivision, according to the plat thereof as recorded in Plat Book 51 at Page 62 of the Public Records of Dade County, Florida. WHEREAS, the South Miami /Coral Gables Elks Lodge #1676,submitted an application requesting a Special Use Permit, in order to operate a "Fraternal Organization," as specified under Section 20- 3.4(B)(2) of the Land Development Code; and, WHEREAS, the subject property is located in the "PI" Public /Institutional zoning district, which permits the "Fraternal Organization" use as a special use, pursuant to applicable conditions; and, WHEREAS, the Planning staff has recommended approval of the application for a Special Use Permit, 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 September 8, 1998, the Planning Board voted 4:0 to recommend approval of the Special Use; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board: Resolution for Public Hearing. Special Use Request for a Fraternal Organization at 6304 SW 78`" Street 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 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by the South Miami /Coral Gables Elks Lodge #1676, to operate a "Fraternal Organization," as specified under Section 20- 3.4(B)(2) of the Land Development Code, is hereby granted. Section 2. The City Manager may revoke this special use approval upon a determination that the use or any other portion of the property, legally described herein, is utilized for purposes that deviate from the definition of a fraternal organization or are inconsistent with the general or specific conditions of special use approval. Section 3. 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 4. This resolution shall take effect immediately upon approval. ATTEST: PASSED AND ADOPTED this 15th day of September, 1998. APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolution for Public Hearing: Special Use Request for a Fraternal Organization at 6304 SW 78`" Street SOUTH MIAMI/CORAL GABLES LODGE # 1676 Benevolent and Protective Order of Elks of the United States of America 6304 SW 78th Street South Miami, FL 33143 (Do not mail to this address) September 2, 1998 Gregory J. Oravec Acting Director City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re: special use permit for fraternal organization South Miami /Coral Gables Elks Lodge #1676 6304 SW 78th Street, South Miami, Florida Dear Mr. Oravec, Mailing Address: PO Box 43 -1122 South Miami, FL 33243 -1122 telephone: fax: 305- 668 -1676 305- 666 -2495 305- 668 -2523 r r a ` F tab EP _ 5 1998 10 1A, In connection with our efforts to substantially improve the subject property and to continue our presence in that location as a community service organization, we have submitted the following: (1) Application for Public Hearing (2) Check in the amount of $1500. (3) Site Plan (4) Title Opinion (5) Current Survey These items are specifically submitted in support of our application for the special use of "fraternal organization." As discussed with you and the Planning Department, the applicant organization is result of a merger between the South Miami Elks Lodge and the Coral Gables Elks Lodge. The Coral Gables Lodge building was sold and the resultant organization, happily, has sufficient funds to embark upon the renovation and improvement of the South Miami Lodge. Our plans are set forth in our Master Plan and in the Site Plan submitted with this application. The improvements contemplated will enhance a structure that is in disrepair and much in need of modernization and beautification. The finished product will be of substantial community benefit 1 c,d as it will enhance our overall financial health and permit us to continue and increase our services to the community. As you know, the Lodge has maintained a continuous existence as a fraternal organization upon the premises since 1952 - more than 46 years. The current "PI" zoning has only recently been amended to include "fraternal organization" as a permitted use. We understand that the Commission must now approve our current occupation and use as a "special use." We seek this approval in order to proceed with the .substantial improvement and renovation of the property in accordance with the plans which have been provided. Please call me if you have any Y lFroke Truly J. , II Coard of Trustees 2 SOUTH MIAMI/CORAL GABLES LODGE # 1676 Benevolent and Protective Order of Elks of the United States of America 6304 SW 78th Street South Miami, FL 33143 (Do not mail to this address) September 3, 1998 Gregory J. Oravec Acting Director City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re: special use permit for fraternal organization South Miami /Coral Gables Elks Lodge #1676 6304 SW 78th Street, South Miami, Florida Dear Mr. Oravec, Mailing Address: PO Box 43 -1122 South Miami, FL 33243 -1122 telephone: fax: 305- 668 -1676 305- 666 -2495 305- 668 -2523 -T- �f-11 - SEP - 3 1998 This letter supplements the letter of intent submitted September 2, 1998. The applicant fraternal organization is a member of the Benevolent and Protective Order of Elks of the United States of America (the "Order ") and has maintained its Lodge at 6304 SW 78th Street, South Miami, Florida, continuously since 1952, or for more than 46 years. The Elks are one of the oldest and highly regarded fraternal organizations in the country, with several thousand lodges throughout every state in the union. The Order commenced its existence in 1871. The Lodge is a non profit organization and exists to inculcate the principles of charity, justice, brotherly love, and fidelity. Our purpose is strictly charitable and patriotic. We are not politically or religiously motivated or affiliated. We are not discriminatory. Our members include both men and women and persons of all races, creeds, religions, and economic stature.: We are an active participant and sponsor of programs and activities to enhance and enrich our community. In particular we sponsor a children's hospital (located in Umatilla, Florida), scholarships (nationwide we provide more scholarships than any other private organization), drug awareness programs, a nationwide "hoop shoot" program, little league teams, scouting troops, flag day programs, veterans hospital visitations and activities, and a host of 1 I September 3, 1998 South/Miami Coral Gables Lodge #1676 ltr to Gregory J. Oravec other initiatives and events all intended to enrich our community and, particularly, our youth. I enclose some excerpts from Elk literature about the organization. There is much more available and I will be pleased to provide you with more information if you wish. Our purposes have not been enhanced by the current condition of our facility. Our application for the special use permit does not include a request to do anything differently than we have been doing for the past 46 years, only to do it better, in a facility and surroundings of which the community can be proud. Yo s Very ley, 1 Frost W ker, III Board of Trustees 2 State of Florida LICENSE NUMBER Department of Health and Rehabilitative Services Tallahassee, Florida 32301 COUNTY DADE _ (Where Facility Is Located) FOOD ESTABLISHMENT LICENSE (Non - Transferable) Type Of Establishment: ISSUED TO: tIUTH 1i1.rihI 1=L -V'S` Food Service (y� Ci 0 Ll T 1.1 M I A H I " L K S Food Outlet O :z r, 4 S W ; t :� '' r 1.11 (11' I a F' 1-7 33143 Food Processor () AUTHORIZED DADE COUNTY BY: PUBLIC HEALTH UNIT � 1' � License Fee Paid $ 1. `'0.00 1350 N.W. FOURTEENTH STREET Date of Issuance <<<= t . 1 , T ;' MIAMI, FLORIDA 33125 Expiration Date ia;1r • ��' 9S LICENSE MUST BE DISPLAYED IN A CONSPICUOUS LOCATION FS -H FORM 4088, July 1991 Signature, Environmental Health Not valid without authorization and signature U7"0U7m 0 00 cocc -I --4--1 TG7T= 0 3x33 H H W y' -P D ]> 3:W33 H �mm n�rr rij >z 7 Ua �; r 00 bu 00 m mm r �i w c 0] W 07 m ►- 05N W pb -0 "U 00 mm GyIEAT ur AO Cl) z> r m D rr-00 s m D T- p Tao -! n >1 r - U7 ►-4 m -n rri 3 c r- m 0 -+ d mzh m ;um 0 0 0c- -I D a U) 7> c m H r � W o pi M I> W ?> z A n 0 o 0 m m m Ul 0 z r m 4i �e. r r r� 0 z Ut 0 4:1 0 co i m na m 07 000M tTl 6 < O H c= pJ �v0 CD r Q rnil -3namr n m 3 z - �Ht.-ixl r =0 " 'r T m a ozzn �) - m-„ j d Z rT r1 7 o. rli ri1 s_ a zrrr ni .a-- ► C M ttl LJ Ai �+ O a00r � �a ,.job me o txau d n a. 0inD mmme' ran z03mrn •j - HEpp cn r pa ao x+ a 0 _ tz C7 G0"� num �- �- m0� � n, U7"0U7m 0 00 cocc -I --4--1 TG7T= 0 3x33 H H W y' -P D ]> 3:W33 H �mm n�rr rij >z 7 Ua �; r 00 bu 00 m mm r �i w c 0] W 07 m ►- 05N W pb -0 "U 00 mm GyIEAT ur AO Cl) z> r m D rr-00 s m D T- p Tao -! n >1 r - U7 ►-4 m -n rri 3 c r- m 0 -+ d mzh m ;um 0 0 0c- -I D a U) 7> c m H r � W o pi M I> W ?> z A n 0 o 0 m m m Ul 0 z r m 4i �e. r r r� 0 z Ut 0 4:1 0 co i m na m 07 >� SPECIAL TAX STAMP (This is a RECEIPT FOR PAYMENT of Special Occupational Tax) Name and principal business address BPO OF THE USA 1888 S MIAMI PO BOX 43 -1122 S MIAMI, FL 33243 Actual Physical Business Address (See No. 2 below) 1888 S MIAMI 6304 S W 78 ST S MIAMI, FL 33143 -9999 Tax Statement 1C1L1 1999 YEAR Initial tax ...... $ 250.00 Additions ...... $ 0.00 Total tax PAID.. $ 250.00 THIS IS NOT A BILL DO NOT PAY THE AMOUNT NOTED Type of operation conducted (11) RETAIL LIQUOR DEALER "Number of locations IF YOU HAVE ANY QUESTIONS, REFER TO THE INFORMATION BELOW 1 OF 1 Date of this receipt 07/21/1998 I Dates of special tax period 07/01/1998 to 06/30/199 Employer Identification Number Control Number -� 59.07.67364:. 0001 198170- 003 -046 If you have any questions, you may contact the-Bureau of:Alcoh6l, Tobacco aridFirearms as follows CALL: (513) 684 -2979 or WRITE: Tax Processing Center, Bureau of Alcohol, Tobacco and Firearms or 801 -A West Eighth Street, Suite 300 1- 800 - 937 -8864 P.O. Box 145433 Cincinnati, Ohio 45250 -5433 1. If you write, include in the letter your employer identification number, control number from above, your telephone number, and the best tit for us to call if we need more information. 2. If you filed ATF F 5630.5, Special Tax Registration avid Returrl'(Alcohol and Tobacco) or ATF 5630.7, Special Tax Registration and Retur (NFA Firearms), for the first time, or have renewed your special taz: stamp:On ATF :F 5630.5R, Special Tax "Renewal" Registration and Retur and ATF F 5630.5RC, Special Tax Location Registration Listings) showing multiple locations, you should have received a stamp for each location. Each stamp is printed with your principal business ` Address `Andi the actual physical address of the business location for which the stamp was issued. Forward the stamp to that location. Be sure that each location keeps the stamp on its business premises so that it is available for inspection, Photocopies are not acceptable evidence of tax payment. 3. If any of the preprinted information is incorrect, please write to the above address listing the correct information and return this Special Ta Stamp with your letter. 4. If there is a change in ownership of your business or business structure, such as a sole owner incorporating, the new owner is required to file ATF F 5630.5,-Special Tax Registration and Return ( Alcohol and Tobacco) or ATF F 5630.7, Special Tax Registration and Return (NFA Firearms), and obtain a new Special Tax Stamp (except as provided in 27 CFR 194.166 - 194.169 or 27 CFR 179.42 - 179.45) before engag in the business. 5. If you have a change in address or location of your business (other than firearms) you are required to notify the Bureau of Alcohol, Tobac and Firearms within 30 days ( 90 days for nonbeverage products claimants) by filing ATF F 5630.5. If you have a change in control, contact ATF. For firearms, you must notify the Bureau of Alcohol, Tobacco and Firearms of any change of address, location, or trade name and rece approval before the change is made, by filing ATF F 5630.7. If a Federal firearms licensee discontinues business and retains NFA firearms, t retention may be in violation of law. The licensee should check with Stale and local authorities. 6. This is a Special Tax Stamp and Receipt for Payment of Federal Tax. This does not authorize anyone to begin or continue a business contrary to Federal, State or local laws, nor does it exempt anyone from penalties or punishment for violating such laws. 7. THIS RECEIPT IS NOT TRANSFERABLE. ATF F 5630.6A (7/98) Previous editions are obsolete. R-C824 60146 1 01 1 I (Dne The Elks Point ofView Benevolent and Protective Order of Elks is a nationwide organizatIon of well over a million of America's finest citizens. We love our country and desire to preserve its cherished institutions, traditions and values; respect our neighbors j and constantly seek to promote their well- being; love and enjoy life tuid believe this enjoyment is increased by sharing it with family, friends and all with whom i we come in contact. To Elks, laughter is better than tears, and a kind word more powerful than a 1 frown. The dream of a better world becomes reality when shaped by enough willing hearts and hands. We seek to bring into our frunily only those who delight in wholesome associations with congenial companions, who possess a deep sense of patriotism, fair play and dedication to noble causes - persons who find the fitltillmentoftheir i existence in service to humanity, feeding the hungry, sheltering the homeless, aiding those in distress; proving themselves to be true friends to all in need. We question no one's religion, nor do we exclude aayone because of creed, race, ethnic origin, educational attainment, vocation, material status or physical stature. We measure character by what one is and does, not by titles or position. We do not ask you to change any beliefs, nor interfere with your present life, nor act contrary to the dictates of conscience. In point of fact we encourage you to put your personal beliefs Tito practice more strongly in these areas; your associates want you to enjoy life more by becoming a better American and humanitarian. You are now joined with the millions of fine and noble American Elks who havehelped better the destinyand wayoflife for countless thousands inour country for over a century and a quarter. Generosity is without fanfare and often even without the recipient's knowledge. You may even have been helped at some point along the way, We have always been there, quietly providing help and encouragement. Now it's your turn as one of America's quiet humanitarians, a nationwide family of good neighbors, to begot giving your life new purpose and fulftlLttent. • SUPPORT CHARITABLE AND COMMUNITY PROGRAMS We pave no doubt that as a non -Elk, you responded to various charitable appeals end community needs to the best of your ability and resources, and we ask you to continue that policy within the Order of Elks, with a significant di ffermc.e. Our experience as humanitarians for over a century and a Quarter has cleafly demonstrated that good - hearted citizens acting as a mUp can produce good works which surpass what would be the sum total of their efforts if acting only in separate and individual capacities, now benefiting the society they serve tenfold and more. Modern terms such as "Team Concept" and "Qv.ality Circle" embody just such a principle of magnification, but do not take into consideration how much greater an impact results when eery member of the "team" is already an above - average neighbor as one oonsideration of being accepted into membership. Your contribution in money or time to any of the charitable and community programs m your Lodge will catapult your lifetime total of humanitarianism into major proportions. We list here only the primary programs to be found in every Lodge; your Lodge undoubtedly has many of its own. ELKS NATIONAL FOUNDATION This special program of our Order, "The Great Heart of Elkdom ", was started in 1928 with the premise that every cent contributed would become part of its interest- earning principal, never to be spent or subtracted, and this "core" would continue to grow. All of the annual interest, without any money deducted for overhead, is distributed each year i n scholarships, in funding for a nationwide substance abuse educational program which reaches tens of millions of young people and their families, in financial support for an annual basketball free -throw competition where overthree million youths participate, plus substantial annual grants to each of the 48 State Associations to continue and expand their programs which help the disadvantaged to lead happy an i productive lives throughout America. In comparison to the great works that flow from it, the Elk . rational Foundation asks only that you pledge at least S1 a per year- less than 3c a day - to he Ip so many underprivileged children!, -. adults share in the American dream. We can't think of : ` .-e* VETERANS SERVICE PROGRAM We Elks are constantly mindful that the rights and freedoms - the world- renowned American Way of Life - that you and every citizen enjoy only continue to exist because the members of our armed forces set aside their normal lives and defended our Country against its enemies. Many paid the supreme price; many more returned to our home shores broken in mind and body, unable to enjoy the blessings they had purchased for all of us. We Elks will never forget and have dedicated ourselves to repaying this debt of honor by bringing care and comfort to these patriots in our VA Medical Centers and Domiciliaries. Whether asked to contribute books and personal items, to invite a hospitalized veteran to your home for a holiday dinner, to assist in an as outing for veterans or to contribute leather hides for therapy, always bear in mind the pledge the Order made in 1946 on your behalf and that of every Elk- "So long as there are veterans in our hospitals. Me Benevolent and Protective Order of Elks will nelerforget them. " STATE MAJOR PROJECTS The Lodges in each State Association have selected one significant area of particular need in their state, and conduct events and fund drives throughout the year to generate the resources necessary to support this commitment, whether it be an annual donation toward cancer or cerebral palsy research, or the operating expenses for an Elks hospital or clinic. Your Secretary can refer you to the Lodge's Major Project committee for full information on the work they do and how you can help. HOLIDAY FOOD AND CLOTHING DRIVES It is an almost universal practice in our Lodges to collect food and/or clothing for distribution to needy families at Thanksgiving and Christmas, either as the Lodge's own original program or in collaboration with a local government agency or service. While elaborate campaigns maybe necessary to generate support for such programs among non -Elks, the strong feelings of concern which prevail within our Lodge families year -round result in outstanding participation on behalf of those suffering in circumstances of need. These programs Ail] be announced in the Lodge and in your bulletin., CHARITABLE OVERVIEW Yr, - Order of Elks is composed of Americans who may appear as ordir. to the outside world; our achievements, however, can only be de::::_ .ed as extra- ordinary at the very least The motivation for our actions h:a been sums- -A up in the phrase, "If you can not give a million, be one of a mill= ve ". With that in mind, we provide the following tabulation to iliustz. .:e recorded expenditures of all portions of Elkdom for charitable, . au, -,LonaI, community and patriotic purposes in 25 -year increments since the birth of our Order in 1868: rIRSTTWENTY -FIVE YEARS ....... _ ..................................................... S179,374 FIRST FIFTY YEARS .... ......................_................. ............................... S8,296,646 FIRST SEVENTY -FIVE YEARS..................... ... ............._................. S567684,852 FIRST ONE HUNDRED YEARS ............ . ....... ............................... S214,099,222 FIRST ONE HUNDRED AND TWENTY -FIVE YEARS ........... SI,468,505,543 Any attempt to estimate with accuracy what our benevolences will reach for our 150th Anniversary is pointless, because previous guesses have always fallen far short of the great compassion found in Eikdom's people. Suffice it to say, when the year 2000 has entered the world, the Benevolent and Protective Order of Elks will have easily surpassed the S2 Billion- Dollar- Mark., and be cheerfully heading for the next milestone on the road to service. it LLriJ & Mob Meanwhile, Elks Lodges everywhere had become active in hell American youth and trying to broaden young peoples' opportunities. In 11, it was proposed in Grand Lodge at Atlantic City that some national direc be given to a youth campaign. And in 1913, Past Exalted Ruler John F. Re presented the so-called Hammond plan (froth Hammond, Indiana, Lodge 485), for throwing Elks support behind the "Big Brother" movement_ The Big &outer movement Kas aimed at helping boys who got into wnible the law for % -ious reasons. Responsible people, through personal contacts assistance of various kinds, tried to rehabilitate these youths, and to help them g up as decent, Valuable citizens. Under the Hammond Plan, individual Elks wor closely with the juvenile Courts ilt their communities, and eliminated the us. probation officers. In many cases, Elk business leaders in the towns could more effective than court officers in influencing and guiding these boys. IR 1917, over 400,000 Elks from 1100 -plus Lodges were looking after more than w M 30,000 Little brothers. Realizing that the worth of this program far outweighed d the prestige of continuing to keep it within the province of Elkdom, t m (A exclusion of other service organizations and civic - minded individuals, we aided I in establishing it as a separate national organization, open to all who wished to 0) participate. One shining moment in the Order's care for young people occurred in the 1920 -1945 years. Edward Chapman of Great Bend, Kansas Lodge No. 1127., (later to hold many high positions) organized "Junior Elks Lodge No. 1° in w 1917 from the sons of that Lodge's members, with meetings and activities v similar to the adult version which both helped build good character in these 3 15- to 20 -year olds, as well as strengthen the Parent -Child bond. Hearing of this innovative idea, C. Fenton Nichols of San Francisco Lodge No. 3 started N one in his own Lodge in February, I922, under the name of "Antler s ". Under s his energetic influence, these still un- official Boys Elks Lodges began D springing up in many California Lodges. Since the concept had already proven itself, Grand Lodge had no difficulty in adopting the Antlers officially into the BPOE Constitution in 1927, and with creation of formal rules, 0 procedures and rituals shortly thereafter, a growth spurt began in earnest all A across the nation. By 1929, there were 34 Antlers Lodges, with 24 of these 0 being in California, which even had an annual State Antlers Convention that W year. 1933 brought the number up to 45 Antlers Lodges, and eventually they m reached 72 at their highest point, carrying 4,500 "junior" Elks on their w combined rolls. The start of World War 1I, however, was the beginning of the end for the Antlers movement, sending those aged 18 to 20 who were the solid ,. 0 leaders of Antlers Lodges into the armed services. Left with only younger and less experienced officers, the Antlers Lodges began closing their doors, and by 1946 there were only 7 still left functioning. While none are currently in existence, many a senior Elk still has fond memories of colorful dramatic m ceremonies held on Patriots' Day in every Antlers Lodge or of "graduating" up to being a foil - fledged Elk upon reaching the age of 21. With the departure m of the Antlers, many Lodges increased their support of Scouting in their areas. m The Boy Scouts of America came into being in 1910. Within a few years, 00 Elks Lodges were sponsoring Boy Scout troops, 14 in 1920, and finally over � 1,200 troops in later years. Dozens oftroops,inless-advantaged neighborhoods W around the country, were supported by Elks, and they could have been sponsored in no other way. Again, this was work behind the scenes and on local levels. Elks support of the Boy Scouts today goes far beyond merely sponsoring troops. Hundreds of thousands of dollars in money and equipment are furnished by Lodges each year, and probably more important in the Iong run are the many Elks who wads. as Scoutmasters and other Boy Scout officials. T 0 to 39 } \ \ j \ ) ( \ \\ # (\ ( �.. . — � - - -.. fil \\ !! !IMI !gJ; ��))� | � §; ,. | || \\\)l \ §\ \| \ \ �RENOVATION AND A�.& § y eD�An &Asst ELKS LODGE E�-7 #g ka«7aB7RER CITY ._._, __ S ® d. M. �� _. @ } ) i U) .on o� cnw,r nnrvK U 111 CO i� I� �s na N \ Y 5A s c\ $s y \, = I y v , i oD cros m m -'gm ;n � v a� �= 0 30,7a' y _ o n v m o 1 � u u_25 0 � 18659' - ._ a o ?0 • l m ;8 m / Ir egr.o nom dog Boa 16' PVM7. S w 6 3 d A V E N U f 4 y \, i cros m m -'gm ;n � v °a 0 ¢) v) egr.o nom dog Boa m t- o� o _ S v a� m vn y i - -- MAILING AREA rt w °o j APPLICANT: South Miami /Coral Gables Lodge #1676 OWNER: SAME AS ABOVE NORTH ADDRESS: HEARING NUMBER: 6304 SW 78"' STREET PB 98 -019 REQUEST: DATE: SPECIAL USE PERMIT FOR A FRATERNAL SEPTEMBER 15, 1998 ORGANIZATION CITY OF SOUTH MIAMI CITY COMMISSION y 4 O ;E. !p t � rt t �D rwr r ,C i �• :p 3 I n y ran 3 y m rt ,— y y i ►' y rt° m oil �D y r w M f OV `° a z /aWW> G Josue C •� •� Y w ` � • � N . s a Av- 3 _ V v , n y Y N N • • _ i i - ♦ V JW 'N A .Ow 1 Jar ({••la M M ►0 p_ fl0 ♦ •G �. M 1•. it _ .. - Y M - fV Q 4 a• r, � SM i!/ a1 • •• a y too Aw c � � i • � ♦ � ' I r 1' � a i d 40 0 '�'11'��' i =" y 7 st � > �v , _ - +L t i i6', 9�... � •> . •� o i Jw 60/d AMC 3w cr �' A _ is a • : t ♦ i '� •. 'I C I C • - raw .u/ y C r,. . . !M a T A✓J• !s I SW I• tIy ■ �f'i tb ti• :`� ! 4 I' y� , ! . u SW .V ' TEi► � •■ I y y'DIJ ice• ��' �,�' v, t � }. �� Y Ti - - i:•a y t♦ �i t•'i� . n a ♦ ; . Ill •� o i Jw 60/d AMC 3w cr �' A _ is a • : t ♦ i '� •. 'I C I C • - raw .u/ y C r,. . . !M a T A✓J• !s I SW I• tIy ■ �f'i tb ti• :`� ! 4 I' y� , ! . u SW .V ' TEi► � •■ I y y'DIJ ice• ��' �,�' v, t � }. �� Y Ti - - i:•a y t♦ �i t•'i� . n a ♦ ; . 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 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. WHEREAS, the City of South Miami adopted a Comprehensive Plan, which included the following language concerning Public Institutional Uses: The public institutional land use category is intended to provide for public schools, municipal facilities, utilities, 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; and, WHEREAS, the City of South Miami adopted a Land Development Code, which included the following District Purpose Statement for the Public /Institutional Zoning District in Section 20 -3.1 (B)(18): The purpose of this district is to provide for schools, governmental facilities, utilities and churches and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public and Semi - Public" on the city's adopted Comprehensive Plan [this land use category was amended to Public Institutional in 19971; and, WHEREAS, the Mayor and City Commission believe that many fraternal organizations and private clubs may provide charitable and valuables services, thereby contributing to the public good; and, 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, Proposed Ordinance with amendments 1 WHEREAS, the Mayor and City Commission wish to permit such 2 fraternal organizations and private clubs in all appropriate zoning 3 districts, while maintaining the ability to evaluate the compatibility 4 or appropriateness of such uses with the surrounding area through the 5 special use process; and, 6 7 WHEREAS, the Mayor and City Commission define the fraternal 8 organization or private club use as: 9 10 An organization or association of _ persons for some common I1 purpose, such as but not limited to a fraternal , social, 12 educational or recreational purpose, but not including clubs 13 organized primarily for profit or to render a service which 14 is customarily carried on as a business. Such organizations 15 and associations must be incorporated under the Laws of 16 Florida as a non - profit corporation or organization and such 17 corporation or organization's major purpose shall not be for 18 the purpose of servincar alcoholic beverages to its members or 19 others. 20 21 WHEREAS, on August 11, 1998, the Planning Board voted 5:0 to 22 recommend approval of this ordinance; and, 23 24 WHEREAS, the Mayor and City Commission of the City of South Miami 25 desire to accept the-recommendation of the Planning Board. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 28 THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 31 SECTION 1. Section 20 -2.3, entitled "Definitions," is hereby amended to 32 include the following definition: 33 34 Fraternal Organization or Private Club. An organization or 35 association of persons for some common purpose, such as but 36 not limited to a fraternal, social., educational or 37 recreational purpose, but not including clubs organized 38 primarily for profit or to render a service which is 39 customarily carried on as a business. Such organizations and 40 associations must be incorporated under the Laws of Florida 41 as a non - profit corporation or organization and such 42 corporation or organization's major purpose shall not be for 43 the purpose of serving alcoholic beverages to its members or 44 others. 45 Proposed Ordinance with amendments 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 SECTION 2. Section 20 -3.3 (D) of the Land Development Code is hereby amended to include the following change: SECTION 20 -3.3 (D) SECTION 3. Section 20- 3.4(B) (2) is hereby amended to include the followinc (c) No vehicular ina�ress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. SECTION 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1ST day of September, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Proposed Ordinance with amendments UJIV-110"t :4 MAYOR ZONING DISTRICT USE TYPE 3 OD �3 1 M O r O a O z .0 cn V o 2 H x to H V ;U n PUBLIC AND INSTITUTIONAL USES Fraternal Organization S S S S P P S 2 7 or Private Club Is SECTION 3. Section 20- 3.4(B) (2) is hereby amended to include the followinc (c) No vehicular ina�ress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. SECTION 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1ST day of September, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Proposed Ordinance with amendments UJIV-110"t :4 MAYOR SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, September 8, 1998 Sylva Martin Building 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order at 7:39 p.m. II. Roll Call A. Members present constituting a quorum 1. Mr. Pages, Mr. Wiscombe, Mr. Huggins, Mr. Basu, Mr. Morton B. Members absent 1. Ms. Chimelis, Mr. Lefley C. City staff present 1. Gregory Oravec (Acting Director, Planning & Zoning); David Struder (Board Secretary) III. Public Hearings A. ITEM: PB -98 -019 Applicant: South Miami /Coral Gables Elks Lodge #1676 Request: A Special Use Permit for a "Fraternal Organization" as specified in §20- 3.4(B)(2) of the South Miami Land Development Code. Location: 6304 SW 78t" Street 1. Mr. Wiscombe read the request into the record. 2. Mr. Morton explained that, due to a possible conflict of interest, he would be excusing himself from consideration of the item. PB Min 09 -08 -98 1 3. Mr. Pages related that staff had confirmed with the City Attorney that loss of quorum would not occur if Mr. Morton excused himself from consideration of the item. 4. Staff presented the item to the Board, reviewing an interoffice memorandum entitled Special Use Request "Fraternal Organization" and explaining that the request fails to meet certain requirements of the Land Development Code (LDC), as existing and proposed structures are and would be located within 100 feet of a residential area. 5. Staff noted recommendation for approval, as included in the aforementioned memorandum, particularly in regard to full compliance with LDC Section 20- 3.4(B)(2)(b). 6. As Ms. Chimelis was unable to attend the meeting, David Struder, Board Secretary, read her remarks into the record, noting her recommendation for approval of the item including compliance with LDC Section 20- 3.4(B)(2)(b). 7. Public hearing was opened. a. A representative, speaking in regard to the application, stated that they (the Elks Club) wish to "remedy" whatever problems exist with the current site plan. b. Staff noted changes that would need to be completed in order for the application to comply with the LDC, including the shifting of the covered walkway, as it is falls short by approximately four feet of the 100 -foot distance requirement. c. Staff explained that there would be a problem with the garden terrace, for example, as it is considered a structure and must meet the 100 -foot distance requirement. d. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. Mr. Tucker stated that, if the applicant achieved compliance with LDC requirements, he would be in favor of the item. 8. Public hearing was closed. 9. The Board reviewed the application. a. Mr. Morton related details involved with the application, such as making modifications to the entry; erecting of covered access from the parking area to the building; re- measuring of the distance to correct the shortness in four feet; and planting of additional landscaping. b. As review of the application continued, Mr. Morton inquired as to possible approval of the item, if submitted as currently shown, and staff explained that the City Commission could not approve the present application. PB Min 09 -08 -98 2 c. Staff noted that the Board should consider the application in relation to such particulars as (1) ascertaining that the use complies with the fraternal organization use; (2) determining that the use is compatible with the surrounding area; and (3) assuring that adequate buffers are being provided. d. In further review o the application, discussion was held in regard to such items the existing hedge and additional landscaping and the locking of the emergency exit. 10. Motion: Mr. Basu moved approval of the application, inclusive of staff's recommendation. Mr. Huggins seconded the motion. 11. Vote: Approved: 4 Opposed: 0 Abstained: 1 (Mr. Morton) V. Approval of Minutes A. Minutes for June 30, 1998 1. The Board duly voted on and approved the minutes for June 30, 1998, as submitted. 2. Vote: Approved: 5 Opposed: 0 B. Minutes for August 25, 1998 1. The Board duly voted on and approved the minutes for August 25, 1998, as submitted. 2. Vote: Approved: 5 Opposed: 0 V. Remarks A. Next regular Planning Board meeting 1. Staff noted that the next regular Planning Board meeting, scheduled for September 29, 1998, would not be held due to Yom Kippur. 2. The Board and staff concurred that the next regular meeting of Planning Board would be held on October 13, 1998. VI. Adjournment PB Min 09 -08 -98 3 A. There being no further business before the Board, the meeting was adjourned at 8:03 p.m. B. Respectfully, 1. Board Chairperson Date 2. Board Secretary Date PB Min 09 -08 -98 4 5611*11W-45*91*11 4: a 4 6 KKA M-0) 4YN W77D V, �*) 01 To: Mayor and City Commission Date; September 11, 1998 Ms. Diana Morris, Deputy City Manager From: Earl G. Gallop Re: Resolution engaging CRA General Counsel Thc attachcd proposed resolution authori7cs engaging Mr. John C. Dellagloria, Esq., as general counsel for the CRA. Mr. Dellagloria was forrnerly the city attorney for the City. More recently, he served as counsel for the City of Miami Beach Redevelopment Agency, and presently serves as the city attorney for the City of North Miami and as counsel for the Housing Authority of the City of Miami Beach. Mr. Dellagloria's personal knowledge of the City of South Miami, background and practical experience make him uniquely qualified to serve as general counsel for the CRA. Additionally, his financial proposal [$100/hr., not to exceed the budget] is very attractive. .1 believe that it is irnporttuit to engage Mr. Dellagloria, now, to address the iderlocal agreement betty the City and Miann-Dade County. Mr. Deflagloria will be present at the CRA meeting on September 15, 1998, IG *!9M C99 2OG A!)N LI:N ! 96-11-6 I RESOLUTION NO, 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOU'rI4 MIAMI, RELATING THE CJTY OF SOUTH 5 MIAMT COMMUNITY REDEVELOPMENT AGENCY; 'ENGAGING 6 MR. JOHN C. DELLAGLORIA, ESQ. TO SERVE AS GENERAL 7 COUNSEL TO THE AGENCY; PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami desire 10 to engage Mr. John C. Dellagloria, Esq., to serve as general counsel to the City of South 11 Miarni Community Redevelopment Agency pursuant to the terms and conditions 12 contained in the engagement agreement, which is annexed and. made a part of this 13 -resolution as App. L 14 15 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND Cr]Y 16 COMMISSION OF TIRE CITY OF SOUTH MIAMI, FLORIDA; 17 18 Section 1. The proposed engagement agreement between the City of South 19 Miami and Mr. John C. Dellagloria, which is annexed and made a pail of this resolution 20 as App. 1, is accepted. 21 22 Section 2, The City Manager is authorized to execute the engagement 23 agreement. 24 25 Section 3. This resolution shall take effect immediately upon approval. 26 27 PASSED AND ADOPTED this 15" day of September, 1999. 28 29 XI'TEST: APPROVED: 30 31 32 CITY CLERK MAYOR 33 34 READ AND APPROVED AS TO FORM: 35 36 37 ]TVA—TrOiRE—Y 38 Underscored words constitute the atnendment proposed. Overstruck words are deleted. Remaining provisiow are now in effect and remain unchanged, #!StO9 C99 200 'ADN 91:ZT ! 96-11-6 :,kg 10S NOMIAMICITYATTY ENGAGFM$NT AGREXNWNT FACE 02 This BapVmcnt A.greernmt ('Agra menet explains the ttaUte and scope of the legal servim that John C. Dellagloria C'C;owneol. ") lea agreed to perform, char fees for these sarvices, the mamer in which the fees and costs are dotorrnined, and the payment toasts. 1. 9 of Legal Slak , The City of South Miami ( "City) has engaged Counsel to represent tho City in connection with ft City's Gtt imurtity Redevelopment Area (C.R.A.), Counsel aball provides these services under thr direction of the City Attoxmey, 2. HotiYFee`, Cvnnsel will iMnize professional kcs in one -tenth (1/11?) hourly inctentmits and bill the City for services under t% Agreement as follows: $100.00/htwr Notwift-tandmg tlu hourly gate, fees *;hall not exceed the amount budgeted for legal Services for any fit ".at Yew. 3. Cott. CciUiu wgmses my be inexu red and adveteaed on the City's behalfwith Counsel exprefisiy acting as the City's agent 'The City agrees to pay these expenses which. may include, by way of example 4nd not limitation, court filing fvea� deposition t uscdpdons, travel expenses, delivery chow, lm4 distance; Mcphone charges, photooppies and postage. Whenever possible, Counsel will receive authorization from the City Attorney before: yawning coats greater then $144.00. The City will also be responaiible: for all governmett imposed takes an fees and costs, unless eyxempt. 4. nt and Fees and f N&L The City will be billed on a raonthly basis for the time spent on the matter and for expenscs mcunvd on die City's behalf. 5. Terwnlnarion. 'The City may discharge the Counsel from service hereunder at arty time. If Counsel is discharged without cause, the City shall be liable for all aocswed hourly fees, 6. es ®nc 01 esf�ltt�res xh t mL The unde migned parties understand and agree with the terms of this Agreement. The affective date of this Agreement is ,199_ john C, i9ellagloria, Esq. — Counsel ,a ,;Ae ♦i Earl G. Gallop - City Attorney CITY OF SOUTH MIAMI Charles D. Scurr City Manager Aftat: _ Ronetta Taylor �- City Clerk 099 soy S1:GT 96 -IT -6 IN39 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: September 15, 1998 FROM: Charles D. Scurr SUBJECT: Agenda Item # City Manager Commission Meeting, September 15, 1998 Z4 fa, AUTHORIZATION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SOUTHEASTERN ENGINEERING CONTRACTORSTO CONSTRUCT THE "57T" COURT PART II" IMPROVEMENTS AT A COST NOT TO EXCEED $34,500.00. The attached resolution seeks approval to allow the City Manager to enter into a contract with Southeastern Engineering Contractors, Inc., to construct a total of twenty -three (23� metered on- street parking spaces in the public rights -of -way of SW 57`" Court and SW 741 Terrace. These much needed parking spaces would provide benefit to the adjacent commercial uses and, furthermore, would be within walking distance of the Shops at Sunset Place. The areas targeted for improvement are currently under utilized; the east side of 571h Court exists as an eighteen foot (18') wide grassy Swale, and 741h Terrace has several unpaved non - metered public parking spaces which become muddy when it rains. The ERPB- approved "571h Court Part II" design (see attached plans) also includes extensive landscaping and beautification improvements. Flowering plants will be installed around newly created asphalt walkways and at the corner of intersections —just as with the "57th Court Part I" project (the parking area created on 57`h Court between 73`d Street and 74`h Street several months ago). The non - linear walkways and the generous use of landscaping is intended to reflect the "low -key" high density residential / commercial mix in this area. The attached plans also incorporate "traffic calming" turn radii and landscaping to the roadway edge to further discourage aggressive driving. The twelve (12) 90- degree parking spaces on 57`h Court would each be at least 91/2 feet wide (the Code only requires 9' wide spaces) for convenience. The eleven (11) parallel spaces for 74`h Terrace would be created from paving the dirt swales currently being used for non - metered parking. /continued ... Mayor and City Commission 57`h Court Part II Resolution September 15`h, 1998 Page 2 of 2 It also should be noted that a future project (57`h Court Part III) will provide sidewalk, landscaping, and much needed drainage improvements for both SW 74`h Terrace and SW 74`h Street. The specific landscaping improvements for the 57`h Court Part II project are to be as follows: 1) For the west side of 57`" Court, a row of African Iris (yellow flower) alternating with a combination of green and white Liriope. 2) For the intersection corners, Porterweed (a native species with a blue flower), Indian Hawthrone (white flower), Juniper, or a green / white Liriope. All the species listed above are very "hardy" (low maintenance) plants which have low to medium water requirements. These types of plants were selected because no irrigation system exists in the project area. The lowest of the three bids for this project is $30,247.50 quoted by Southeastern Engineering Contractors, Inc. A 15% contingency is needed to handle any unexpected conditions (e.g., replacement of unsuitable subgrade, underground utility conflicts, etc.), or changes to the plans made by Public Works to address concerns observed during construction. It should also be noted that the project will attempt to preserve the existing sidewalk on the east side of SW 57`h Court. However, due to the poor condition of the sidewalk and because of the necessary trenching next to the sidewalk, the sidewalk may be unavoidably destroyed, and have to be replaced. Accordingly, an authorization to expend an amount over the proposal bid is deemed necessary to ensure the project is completed in a timely fashion, with minimal inconvenience to the commercial establishments and traffic. The total expenditure would not exceed $34,500. 00 (lowest bid + 15% contingency), and the disbursement would come from account No. 11- 1730 -541 -4640 "Stormwater Trust Fund — Maintenance and Repair of Streets and Parkways". This account currently has a balance of $47,100.00 for fiscal year 1997198. Attachments: 57`h Court Part II Plans (2 pages) 3 bid proposals Example RFP S RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER 6 TO ENTER INTO A CONTRACT WITH 7 SOUTHEASTERN ENGINEERING CONTRACTORS, 8 INC., TO CONSTRUCT THE "57TH COURT PART II" 9 PROJECT, AT A COST NOT TO EXCEED $34,500.00, 10 AND CHARGING THE DISBURSEMENT TO II "STORMWATER TRUST FUND MAINTENANCE 12 AND REPAIR OF STREETS AND PARKWAYS" 13 ACCOUNT NO. 11 -1730 -541 -4640. 14 15 16 WHEREAS, the City requires additional on- street metered parking areas in the 17 downtown district in order to provide parking spaces for those wishing to patronize the 18 commercial establishments, and; 19 20 WHEREAS, a vacant strip of land which could be used to support a public parking lot 21 currently exists on the east side of SW 57`h Court between SW 74`h Street and SW 74`h Terrace, 22 and; 23 24 WHEREAS, the Public Works Department has developed a set of plans entitled "57`h 25 Court Part II" for the development of this aforementioned strip of land, and; 26 27 WHEREAS, Southeastern Engineering Contractors, Inc., provided the lowest of the three 28 bids submitted for this project. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. The following bids were submitted in response to the standardized 34 "request for proposal ": 35 36 Southeastern Engineering Contractors $30,247.50 37 Homestead Concrete & Drainage, Inc. $32,700.00 38 MBL Paving Corporation $38,932.00 39 40 Section 2. The City Manager is hereby authorized to enter into a contract with 41 Southeastern Engineering Contractors, Inc., to construct the "57`h Court Part II" improvements. 42 43 44 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 Section 3. The contract with Southeastern Engineering Contractors is not to exceed $34,500.00 (base bid + 15% contingency) and shall cover the basic services stipulated in the RFP, as well as any pre- approved "change order" services (e.g., contingency) necessary to complete the project which have been specifically authorized by the Public Works Department. PASSED AND ADOPTED this 15`h day of September 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR J ro Future Park i no Improveme- Locat Ion by 5 130 SN Y4 q- r-CE Property Owners ------------ t - Walkway ---------------- 0 01 'P.rk ing i ---------- ---------- -- ------- - SW 74th STRHET Sewer ------------ ------- 6 -0 1 0 ---------------- ---------------------- 00 Existing Sidewalk Saw-Cut and Remove WayIns tc I I Asphc It Ramp to S ldewa 1 ks Existing Sidewclk --1 OI 0, T l e Wo I kway 00I 0 LEGEND. 0, Proposed -; '0� ------- - Existing Fence R.O.W. Base L 1 ne I Landscaping 0 0 0 Concrete "Button" Markers Tree Palm • Util ity Pole ---------- SW 74th Terrace ------------------------ Curb I n l e t wl 4 ' D cme Sump , and 20 1 f of French Dra in R fight -of- -way L ne RTH 30 Insta 1 140 1 f of French Drc in ---T— j: � I Curb Inlet wl 4 1 D iamete- Sump and bc fl f lie Gas ma in Hand lccp Access Ramp Water main Existing isting Sidewalk II in sewer M .. .... 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I II Q — I I ^� I I CD I I I I Q I I I I I I I I I " I I ( I I I I I I I I I I I I II I i ii I I I I I I I I I I ey-r- I I 1 Cr/i I I Id II I , n i� I / \ I , �_______________ _` II - - C.� O N C"J II � C `CD V rn2 CD Q O Q D Q lQ CD cn O Q O 7 O L—, CD n O n Q O� Q m I 0 II c I I ° I II 1 I it i I , � I ' I I I I CD - -H I I CD I I I I I ' I I •' ' I II I I II i I -- --------- -- - - -- I \ {•I I � I ' I I / I I I / I i I ' I ' I ' ' I ' I , , I I i , II i I I I I II I f I I I I II I I I I , Iml I I , I I X I I � i O I , O I „ � " CD .I Q_ I I II I < Q. I II Q — I I ^� I I CD I I I I Q I I I I I I I I I " I I ( I I I I I I I I I I I I II I i ii I I I I I I I I I I ey-r- I I 1 Cr/i I I Id II I , n i� I / \ I , �_______________ _` II - - C.� O s Yh a(("IORY July 8, 1998 David K. Goodin City of South Miami 4795 S.W. 75th Avenue Miami, FL 33155 Re Proposed Parking Configuration for SW 57th Court from 74th Street to 74th Terrace. Dear Mr. Goodin: In accordance with your request, MBL Paving, Inc. is pleased to submit our proposal for the above referenced project for The City of South Miami(Client). Description and Pricing of Services MBL Paving, Inc. will provide the necessary supervision, equipment, labor and materials for the following: • Two (2) curb inlets. • Sixty (60) linear feet of french drain. • Four hundred (400) square feet of concrete sidewalk. • One hundred ninety (190) linear feet of concrete curb and gutter. • Two (2) concrete handicap ramps. • Two thousand, six hundred (2,600) square feet of road widening for parking area (includes excavation, stabilization, limerock placement and compaction and placement of structural asphalt). • Approximately six thousand (6,000) square feet of asphalt overlay for 57th Court from 74th Street to 74th Terrace. • Thermoplastic road striping where necessary. • Painting of curb and/or any necessary areas. The total proposed amount for the aforementioned services is $ 38,932.00. Client shall arrange and be responsible for all necessary permits and corresponding fees. Otherwise, A fifteen (15) percent surcharge will be added to the cost of the permits and billed to the Client. MBL Paving will also finnish adequate traffic control and barricades and flashers and signs where required. 1751 N.W. 110 Avenue, Miami, Florida 33172 Tel.: (305) 594 -8157 Fax: (305) 594 -6524 P.O. Box 652338 Miami, Florida 33265 -2338 8_14-1998 1: 28A�.l FROM SO-17 - 1EASTERN ENGR. 305 SS78SGS > 40%Pre-ConatimerCWWI •loxPoo-Consunoredncnt Page No. SOUTHEASTERN EN 331INEERING CONTRACTORS, INC. 12054 N.W. 98th Avenue HIALEAH GARDENS, FL 33016 (303) 557.4226 ,POSAL SUMMED TO r_ Da CET city o '. STATE AND ZIP CDC 6130 S :HiTECT Ve herebv submit am and estimates for: PNaNE 663 -6350 261 -1791 S.W. 57th C JOB LOCATION S W. 5 UATE Or PLANS care 8- 11 -98 art I . between S.W. 4th Terrace. Joe PHONE inlets ....with....._U..S.rF..... #5149 -6400, ,$1..•.6.04.00 ea. - -- - ---- - . - - -- - - - - � ............. ... ...... - 7.7..7.7. -- - - -- - - ... $ 3P200-00 2- French Drain, 15" d-.a. perf. pipe, 60 ft. @ $65.00/ft. -$ 3,900.00 3- Type "F" curb & gut1.:er, 190 ft. @ 15.50/ft. ------ - - - - -$ 2,945.00 4- Concxete sidewalk 4" thick, 400 s.f. @ 2- 75 /Is.f ------ $ 1,100.00 5, -.. Handicap Ramp (1) -•------------------------------- - - - - -$ 50 . ......,...,....... ................................. ............................... _........ . ...... .... .....,........__.... 00 P. 2 Pages 6.w- ..�...., sP�}d t... over .i.ay.......1..t.'._..,4.0,0.. s.,..Y_.... .....$8.491s..Y- -7------- --- - -$ 3,200 -00 7- Asphalt parking on S.W. 57th Ct,., 2400 s.f. "@ $1*.50 /sf -$ _..._......... ........ 3,840.00 8- Asphalt patching •..._3°JO.....s...f.....@ $2.50 /s.f.--------- - - - = -- 750.00 9- _..,...,..,....,.,,..._,,.,.,.,.,. Non - linear walkways, ..................„,...... ............................... 550 s.f. @ $2.75 /g_f ___.- - - - -_- ,....... - 1,512-50 'I..U.- .._..5w:.......1Ifton j`or drainage work, 4OOft, 1 - SOIsf -$ 600.00 1 P vem n M rk" .e ----------------------- - - - - -$ 11900.00 12- Traffic Control ---------------------------------------- $ 2.300_00 13- Performance. Bond -------------------------------------- $ 2,500.00 14- Mobilization -------------------------- ------- -- -- - - - - -$ 2,000.00 69' frn;11151r hereby to furnish 'Material and tabor — complete in accordance with above specifications, for the sum of �aymeAt to be made as follows: - dollars ($ 30,247.50 41 nwteriet is.ZUarenbed to be as WIRCM80, All work to :)e Compteted in a workmanlike ?4 0AV ~M08 t* ataadetd ➢tedtiees, AMY VtdretiQe Qr ;CYiatkrn from eQQyQ *P4Cifica• ions involving extra costs will be executed Only upon wntt+.n adcrs. end wlli became an !lltrl ehwto eves and "Oye the e96rnate, All agfaements eW'tingevA VPQn strikes. 3"i0onta )r delays beyond our amtrol. OwAor t0 dairy fire, tornado a60 Other necessary insurance. 7ur workers are fully Covered by workmen's Compen6at+Qn 1,4urar4q, ArrepUm of Prim sal -- The :above prices, specifications Ind 4mnditions are satisfactory and are hereby ate_-pted. You are authorized a d0I"wark as spaCified. Payment will be Trade w outlined amore. ?ate of Acceptance: Authoeited Signature Note: This proposal may oe Withdrawn by us if not accepted within days. 1 Signature ssenattwt 'FROM : HO"ESTEAD CONCRETE & DRAINAGE PHONE NO. : 305 248 9650 90.10817E a ORAINAGE.INC. Sep. 04 1998 11:15AM F2 M�vn�a.�nV - vvni nIW 1 VnJ P.O, aOX 1273 HOMESTEAD, Fl. 33000 Phone 305.2AR -0640 Fax 30L2a0_0660 September 4, 1998 City of South Miarai 6230 Sunset Drivc South Miami, Fl. 33143 Attn: David Goodin Re: 57 Court Part. II Our proposal for the above project is as follows: Curb Inlets Type F -3 (2) Pre -cask Drainage Boxes (2) French Drain 60 LF Curb 6 Gutter. 190 LF Sidewalk 5' wide 4IN BO LF Handicap Ramp (1) Raving c Limerock Thermoplastic Lump Sum Price $32700.00 Th ©so prices do not include the cost for permits, surveying, letter of credit or bond. If you have any questions regarding this proposal please contact Alfredo at the office. Sincerely, H 4tDingle STEAD CONCRETE & DRAINAGE, INC. ary City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 SOUTH MIAMI PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alfredo Cordero DATE: August 4, 1998 Homestead Concrete & Drainage, Inc. FROM: David K. Goo' ui 4, SUBJECT: Request for Proposal Engineering Inspec r 57"' Court Part II Number of pages including cover: 3 The original of this fax transmittal will be mailed to you. Attached are 90% complete drawings for the "57`' Court Part II" project. The Public Works Department would like for you to review the drawings and job site, and submit a bid for the proposed work. A summary of bid items is presented below: 2 curb inlets — either USF 5149 -6400 or Type F -3 2 pre -cast drainage boxes, 4' diameter 60 linear feet of french drain 190 feet of curb & gutter 80 if of 5' wide sidewalk, 4" thick 1 handicap accessible ramp 1" asphalt overlay for 57"' Court from 73rd to 74th Street, intersections not included, milling only where overlay meets existing street surface Creation of an asphalt parking area on 57' Court as shown Asphalt patching on 74h Street where indicated Creation of non - linear walkways on 57' Court where indicated Saw - cutting and demolition of existing sidewalk as necessary to install drainage Thermoplastic for parking stalls, street markings, street delineation MOT / pedestrian safety measures Letter of Credit or Bond in the amount of $10,000.00 (minimum) Your bid should include the unit costs for additional sidewalk and curb /gutter in case additional concrete is required to complete the project. Your firm will not be responsible for landscaping or the concrete "button" markers. /continued "City of Pleasant Living" Alfredo Cordero Homestead Concrete & Drainage, Inc. August 4, 1998 Page 2 of 2 You should note that the grading of this project will be critical to making the drainage systems work properly. A formal grading plan has not been prepared as yet, though the plans have been designed with grading concerns in mind. A survey and grading plan will be supplied to you should your firm be selected for this project. Please call me at (305) 663 -6350 to discuss this project. Attachments: 90% 115711 Court Part II" Plans (2 pages) CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM PARKS & RECREATION DEPARTMENT A memorial event will take place to honor the memory of deceased parents and children of employees of the City of South Miami. We will plant a tree in memory of these loved ones. We ask that you provide us names of those who have passed away so that, we can read them at a dedication set for October 10, 1998, at 11:30 a.m. at Jean Willis Park. Along with this event, we will have an Employee Appreciation Day sponsored by Vice Mayor Arrnando Oliveros, Jr. This picnic will be for employees and their families, which will run from 1.1:00 am — 3:00 p.m. on October 10, 1998. This event is in memory) of the Vice-Mayor's father Mr. Armando Oliveros Sr. I would like to encourage the Mayor and City Commission to join us in this endeavor. 1 thank you for your gracious support in the effort to unite all the employees in this meaningful remembrance, I recommend approval. Commission Tree Dedication Scup '98 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO JEAN WILLIS PARK; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ARRANGEMENTS TO FACILITATE A TREE DEDICATION CEREMONY AS A MEMORIAL IN HONOR OF DECEASED PARENTS AND/OR CHILDREN OF EMPLOYEES, DURING THE OCTOBER 10, 1998 FAMILY AND FRIENDS DAY PICNIC SPONSORED BY VICE MAYOR ARMANDO OLIVEROS, JR. WHEREAS, Within a period of two (2) months, two City employees lost their mothers; and WHEREAS, Vice Mayor, Armando Oliveros, Jr., will sponsor the I". Annual Employee Appreciation Day/Family and Friends Picnic in. loving memory of his late father Armando Oliveros, Sr, on October 10, 1998; and WHEREAS, Jean Willis Park has been dedicated as an area where donated trees have been planted in honoring the living and the deceased; and WHEREAS, A resident of our community, who owns a landscaping company, wishes to donate a -native tree in honor of this occasion, a "meaningful remembrance". AN) My I am, %, I Lei 0 to] M # No I we I I M1 W, MINIMUM 911,11k, Section 1. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September, 1998. ATTEST: CITY CLERK Tree Donation '98 Jean Willis Park RRUKOAM ......... CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Mayor and Commission Date: September 8, 1998 Agenda Item # 13 From: Charles Scurr Subject: Comm. Mtg. 9/15/98 City Manager f'c000 CRA Advisory Board The attached ordinance is presented for discussion on First Reading. This ordinance establishes a Community Redevelopment Agency Advisory Board. The Board is to consist of five members. Two of the five members must reside within the CRA area. Further, the Advisory Board shall consist of two residents (one within the CRA area and one outside the CRA area); two business owners; and one member with banking /finance experience. The duties of the CRA Advisory Board shall include holding community meetings and workshops to seek public input regarding CRA programs, plans and goals. The Advisory Board is created to represent the community and serve in an advisory capacity to the CRA Board and the Commission. The board must meet at least every three months, and shall provide regular reports to the CRA Board. I recommend approval. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, CREATING A COMMUNITY 5 REDEVELOPMENT AGENCY ADVISORY BOARD, ESTABLISHING 6 SECTION 2 -26.2 OF THE CODE OF ORDINANCES; ESTABLISHING 7 MEMBERSHIP; ESTABLISHING DUTIES AND RESPONSIBILITIES; s PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, The City of South Miami and Miami -Dade County have approved the 12 South Miami Community Redevelopment Agency in accordance with Chapter 163 F.S.; 13 and 14 15 WHEREAS, The Mayor and the City Commission wish to create a five- member 16 advisory board to represent the community and to advise the Community 17 Redevelopment Agency Board and the Mayor and City Commission regarding proposed 18 plans, programs, projects, and budgets, relating to the South Miami Community 19 Redevelopment Agency; 20 21 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. Section 2 -26.2 of the City Code of Ordinances is hereby established 25 to read. 26 27 (a) Created; composition There is hereby created a community redevelopment 28 agency advisory board for the city. The Board shall consist of five 29 members. At least two of the five members shall be residents of the 30 Community Redevelopment Agency Area, and shall have lived within this 31 area for a minimum of one year prior to appointment; there shall be: 32 33 2 resident representatives (one who resides within the CRA area 34 and one outside the CRA area) 35 2 business owners 36 1 member shall have banking or finance experience 37 38 (b) Members of the board shall serve two -year terms, except for the first two 39 appointed who will serve an initial term of three years. Appointees shall 40 thereafter serve two -year terms of appointment or until a successor is 41 appointed, whichever comes first. 42 43 (c) Chairman and vice- chairman. The members shall meet promptly and 44 select a chairman and vice - chairman by a majority vote of the board. 45 46 (d) Quorum. A quorum for meeting of the board shall be three -fifths of the 47 members of the board, and all actions shall require a majority vote of those 48 members in attendance. 49 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 (e) Duties. The duties of the board shall be as follows: (1) Meet at least once every three months, with meetings held at rotating sites within the CRA area or at city hall. The meeting agenda shall always include comments from the public. The Chairman of the Advisory Board shall provide a report on meetings and public input at least every 90 days to the CRA Board. (2) Conduct periodic community meetings and workshops to solicit input regarding redevelopment and other programs. There shall be at least one such meeting per year. (3) Study and review proposed programs, projects and budgets and work in an advisory capacity with the South Miami Community Redevelopment Agency ( SMCRA) Board and the City Commission in interpreting the needs of the community and the best way in which the SMCRA can meet those needs within the provisions of Chapter 163 part III F.S., and the SMCRA Plan. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK 1St Reading — 2 "d Reading - READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros Commissioner Feliu: Commissioner Bethel Commissioner Russell: � CITY OF SOUTH MLAMI vINTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: September 11, 1998 Agenda Item # /041 From: Charles D. Scuff � Re: Comm. Mtg. 09/15/98 City Manager First Reading: Telecommunications Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TELECOMMUNICATION FACILITIES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DELETING SECTION 20- 5.23(B)9 ENTITLED "MICROWAVE ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING REGULATIONS FOR TELECOMMUNICATION TOWERS AND ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND REMOVAL OF ABANDONED TELECOMMUNICATION FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT CODE AND EFFECTIVE DATE. BACKGROUND & ANALYSIS In 1996, the Congress of the United States adopted the Telecommunications Act, providing for federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems which requires land -based facilities that impact planning and zoning concerns in the City of South Miami and throughout the United States. Pursuant to the Federal Telecommunications Act, the City "shall not prohibit or have the effect of prohibiting the provision of personal wireless services" or "shall not unreasonably City Manager's Report: Telecommunication Tower Ordinance discriminate among providers of functionally equivalent services," but it does retain the ability to regulate the placement, construction and modification of cellular telephone facilities and other "personal wireless telecommunications" service facilities. Currently, the Land Development Code contains antiquated regulations regarding antennas and wireless communication facilities; therefore, on January 20, 1998, the Mayor & City Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on the acceptance and review of applications relating to telecommunication towers in order to prepare and adopt minimum standards for the location and approval of telecommunication towers. On June 9, 1998, the Mayor & City Commission adopted a 90 -day extension of the moratorium, extending the moratorium through October 17, 1998, in order to provide time for public involvement and the development of the best possible standards. On June 23, 1998, the Mayor & City Commission and the Planning Board held a joint workshop, which included staff and telecommunications industry representatives, in order to discuss such standards. Since June 23, 1998, the Planning Board and planning staff have worked to create a draft ordinance relating to the regulation of telecommunications facilities. If the first reading of the proposed ordinance is approved, the Commission, Planning Board, public, industry representatives and staff will have the opportunity to discuss its merits or need for amendment through the public hearing process, leading to the adoption of the best possible standards. RECOMMENDATION: Approval to begin the public hearing process. I also recommend that the Planning Board and City Commission hold another joint workshop at the end of September. Attachment: Proposed Ordinance for First Reading City Manager's Report: Telecommunication Tower Ordinance 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 TELECOMMUNICATION FACITIES; AMENDING CHAPTER 20 6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE 7 BY DELETING SECTION 20- 5.23(B), ENTITLED "MICROWAVE 8 ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING 9 REGULATIONS FOR TELECOMMUNICATION TOWERS AND 10 ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS, 11 APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM 12 STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL 13 USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND 14 REMOVAL OF ABANDONED TELECOMMUNICATION 15 FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT, 16 SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT 17 CODE AND EFFECTIVE DATE. 18 19 20 WHEREAS, the Congress of the United States adopted the Telecommunications 21 Act of 1996, providing for federal regulation of wireless telecommunications, a 22 technology of wireless voice, video and data communications systems, which requires 23 land -based facilities that impact planning and zoning concerns in the City and throughout 24 the United States; and, 25 26 WHEREAS, the Mayor & City Commission find that it is in the public interest to 27 permit the siting of wireless communication towers and antennas within the municipal 28 boundaries; and, 29 30 WHEREAS, the City has received, and expects to receive additional, requests 31 from telecommunication service providers to site wireless telecommunication towers and 32 antennas within the municipal boundaries and the City is authorized by federal, state and 33 local law to regulate the siting of such towers and antennas; and, 34 35 WHEREAS, it is the intent of the Mayor and City Commission to provide 36 reasonable accommodation, and to promote and encourage fair and reasonable 37 competition, among telecommunication service providers, or providers of functionally 38 equivalent services, on a neutral and non - discriminatory basis; and, M 40 WHEREAS, the purpose and intent of this Ordinance is to establish appropriate 41 locations in priority order of use and, further, to provide the requirements and standards 42 to permit the siting of wireless telecommunication towers and antennas within the 43 municipal boundaries, with due consideration to the City's comprehensive plan, Land Page 1 of 18 1 Development Code, existing patterns of development and environmentally sensitive 2 areas, including hurricane preparedness areas; and, 3 4 WHEREAS, by providing regulatory requirements and standards, it is the City's 5 intent to protect and promote the health, safety and welfare of its citizens and residents, 6 the traveling public, and other persons in a manner that will minimize both the number of 7 towers and antennas as well as the adverse visual impact and other potential damage by 8 these facilities through encouraging collocation and shared use of new and pre - existing 9 telecommunication facilities, through incentives, careful design, engineering, siting, lo landscape screening and innovative camouflaging techniques. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 14 15 Section 1. Chapter 20 of the Land Development Code of the City of South Miami is 16 amended by deleting Section 20- 5.23(B), entitled "Microwave Antennas." 17 18 Section 2. Chapter 20 of the Land Development Code of the City of South Miami is 19 amended by creating Article X, entitled "Siting Regulations for Telecommunication 2o Towers and Antennas" to read as follows: 21 22 Article X. "SITING REGULATIONS FOR TELECOMMUNICATION 23 TOWERS" 24 2s 20 -10.1 Intent. 26 The regulations and requirements of this Article are intended to: 27 28 (A) promote the health, safety and general welfare of the citizens by 29 regulating the siting of wireless communication facilities; 30 31 (B) accommodate the growing need and demand for wireless 32 communication services; 33 34 (C) provide for the appropriate location and development of wireless 35 communication facilities within the City of South Miami; 36 37 (D) minimize adverse visual effects of wireless communication facilities 38 through careful design, siting, landscape screening and innovative 39 camouflaging techniques; 40 Page 2 of 18 1 (E) encourage the location and collocation of antennas on existing 2 structures thereby minimizing new visual impacts and reducing the 3 need for additional antenna support structures; and 4 5 (F) minimize potential damage to property from telecommunications 6 towers and telecommunications facilities by requiring such 7 structures be soundly designed, constructed, modified and 8 maintained. 9 10 20 -10.2 Definitions. 11 12 Accessory equipment building — Any building, cabinet or equipment enclosure 13 constructed for the primary purpose of housing the electronics, backup power, power 14 generators and other free standing equipment associated with the operation of antennas. 15 16 Alternative site — One or more separate locations within the search ring at which a 17 provider could place its antenna to serve substantially all of the are intended to be served 18 by the site requiring a special exception. Alternative sites must be available to the 19 provider on commercially reasonable terms. 20 21 Antenna — A transmitting and /or receiving device mounted on a telecommunications 22 tower, building or structure and used for wireless communication services which radiates 23 or captures electromagnetic waves, digital signals, analog signals, radio frequencies 24 (excluding radar signals), wireless telecommunication signals or other communication 25 signals, including directional antennas, such as panel and microwave dish antennas, and 26 omni- directional antennas such as whips, but excluding radar antennas, amateur radio 27 antennas, satellite earth stations, and single - family use of television antennas. 28 29 Antenna support structure — A facility that is constructed and designed primarily for the 30 support of antennas, which include the following types: (i) guyed tower, (ii) lattice tower, 31 (iii) monopole, and (iv) stealth tower. 32 33 Collocation — When more than one FCC licensed provider uses a telecommunication 34 tower antenna support structure to attach antennas. 35 36 Existing structures — Any lawfully constructed man -made structure including but not 37 limited to antenna support structures, buildings, utility structures, light poles, clock 38 towers, bell towers, steeples, water towers and the like, which allow for the attachment of 39 antennas. 40 41 FAA — The Federal Aviation Administration. 42 43 FCC — The Federal Communications Commission. Page 3 of 18 1 2 Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy 3 wires and ground anchors. 4 5 Lattice tower - A telecommunication tower that consists of vertical and horizontal 6 supports and crossed metal braces, which is usually triangular or square in a cross - 7 section. 8 9 Microwave - A dish -like antenna used to link wireless communication services sites lo together by wireless transmission of voice or data. 11 12 Monopole tower - A telecommunication tower consisting of a single pole or spire self - 13 supported by a permanent foundation, and constructed without guy wires and ground 14 anchors. 15 16 Panel antenna - An array of antennas designed to concentrate a radio signal in a 17 particular area. 18 19 Provider — An FCC licensed communications company. 20 21 Roofline —The overall ridge line of the structure which does not include cupolas, elevator 22 towers, clock towers or other features that are permitted to exceed the maximum height 23 of the building. 24 25 Search ring — A geographic area in which a provider intends to locate an antenna to serve 26 the provider's coverage area. 27 28 Self - support or lattice tower - A telecommunication tower that is constructed without guy 29 wires and ground anchors. 30 31 Stealth facility — Any telecommunication facility which is designed to blend into the 32 surrounding environment. Examples of stealth facilities include, but are not limited to, 33 architecturally screened, roof - mounted antennas, antennas integrated into architectural 34 elements, and telecommunication towers designed to look like light poles, power poles or 35 trees. 36 37 Stealth tower — A structure designed to support antenna and blend into the existing 38 surroundings. 39 4o Telecommunication tower — A guyed, monopole, self - support/lattice tower, or stealth 41 tower constructed as a free- standing structure, containing one or more antennas intended 42 to be used for personal wireless services, telephone, radio or a similar communication 43 service. The term includes, but is not limited to, radio and television transmission towers, Page 4 of 18 1 microwave towers, common carrier towers, cellular telephone towers and stealth towers. 2 The term does not include a tower that provides only open video services, radar towers, 3 amateur radio support structures licensed by the FCC, or single- family residential use of 4 satellite dishes, television antennas and satellite earth stations installed in accordance 5 with applicable codes. 6 7 Whip antenna — A cylindrical antenna that transmits signals in 360 degrees. 8 9 10 20 -10.3 Applicability. 11 12 (A) All new towers or antennas, and modifications to . existing towers and 13 antennas, in the City shall be subject to these regulations, except as provided for in 14 paragraphs 1 and 2, below: 15 16 1. These regulations shall not apply to any tower, or installation of any 17 antenna, that is for the use of an open video broadcast -only facility, or is 18 owned and operated by a federally- licensed amateur radio station operator, 19 or is used exclusively for receive -only antennas. 20 21 2. Pre- existing towers and pre - existing antennas shall not be required to meet 22 the requirements of these regulations, except to comply with the 23 requirements of the non - conforming provisions of the Land Development 24 Code. 25 26 27 20 -10.4 General Requirements and Minimum Standards. 28 29 (A) Applicants regulated by this Ordinance may request a pre - application 30 conference with the City. Such request shall be submitted with a non - refundable fee of 31 $500.00 to reimburse the City for the cost and fees incurred by the conference. 32 33 (B) Each applicant shall apply to the City for a permit providing the 34 information as required by this Ordinance and a nonrefundable fee of $1,500 to reimburse 35 the City for the costs of reviewing the application. 36 37 (C) The City shall review the application and determine if the proposed use 38 complies with applicable Sections of this Ordinance and other regulations. Every new 39 telecommunication tower and antenna shall be subject to the following minimum 40 standards: 41 42 1. Lease Required. Any construction, installation or placement of a 43 telecommunications facility on any property owned, leased or Page 5 of 18 1 otherwise controlled by the City shall require a Lease Agreement 2 executed by the City and the owner of the facility. 3 4 The City may require, as a condition of entering into a Lease 5 Agreement with a telecommunications service provider, the 6 dedication of space on the facility for public health, safety and 7 communication purposes, as well as property improvement on the s leased space. Any dedications and improvements shall be negotiated 9 prior to execution of the lease. 10 11 2. Principal or Accessory Use. Towers and antennas may be 12 considered either principal or accessory uses. A different existing 13 use of an existing structure on the same lot shall not preclude the 14 installation of a tower or antenna on the same lot. 15 16 3. Lot Size. For purposes of determining whether the installation of a 17 tower or antenna complies with zoning regulations, the dimensions 18 of the entire lot shall control, even though the towers or antennas are 19 proposed to be located on leased parcels within such lot. 20 21 4. ERPB Review. The Environmental Review and Preservation Board 22 (ERPB) shall review and recommend approval, disapproval or 23 modification on all site plans, projects and specifications relating to 24 applications for new telecommunication towers and antennas, and 25 modifications to existing towers and antennas. The ERPB's review 26 shall include, but not be limited to, those design criteria specifically 27 enumerated by this ordinance and all other applicable criteria, as 28 outlined by the Land Development Code. 29 30 5. Hei ht. All towers shall be as low in height as technologically and 31 economically feasible, provided that no tower shall exceed 150 feet 32 in height. 33 34 6. Setbacks. Towers must be setback a minimum distance of 110% of 35 the height of the telecommunications tower from the property line. 36 This requirement may be waived by the City Manager. 37 38 7. Inventory of Existing Sites. Each applicant shall review the City's 39 inventory of existing telecommunications towers, antennas, and 40 approved sites. All requests for sites shall include specific 41 information about the proposed location, height and design of the 42 proposed telecommunications tower, structure, or state of the art 43 technology that does not require the use of new telecommunications Page 6 of 18 towers, or new structures can accommodate, or be modified to accommodate, the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower, structure or state of the art technology is suitable shall consist of any of the following: a. An affidavit demonstrating that the applicant made diligent efforts to seek permission to install or collocate the applicant's telecommunications facilities on City -owned telecommunications towers or usable antenna support structures located within a 1/2 mile radius of the proposed telecommunications tower site. b. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a 1/2 mile radius of the proposed telecommunications tower site. c. An affidavit demonstrating that existing towers or structures located within the geographic search area as determined by a radio frequency engineer do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements. d. Existing towers or structures are not of sufficient height to meet applicable FCC requirements. e. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. f. The applicant's proposed antenna would cause electromagnetic or radio frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures could cause interference with the applicant's proposed antenna. g. The fees, cost, or contractual provisions required by the owner in order to share an existing telecommunications tower or structure or to adapt an existing telecommunications tower or structure for sharing are unreasonable[ "unreasonable" means a cost in excess of the cost to construct a new telecommunications tower]. h. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. i. The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of applicant's FCC license, is unsuitable. Costs of state of the art technology that exceed new telecommunications tower or Page 7 of 18 1 antenna development shall not by itself be presumed to render 2 the technology unsuitable. 3 j. Any additional information required by the City. If the City does 4 not accept the full evaluation as provided as accurate, or if the 5 City disagrees with any part of the evaluation, the City may hire 6 the appropriate professionals to assess the submitted evaluation 7 at the applicant's expense. 8 9 This information is public record. The City does not warrant or 10 represent that the information is accurate or that the sites are 11 available or suitable. 12 13 8. Engineering t Report. All applicants for new towers and antennas, or 14 for towers and antennas which are to be modified or reconstructed to 15 accommodate additional antennas, or for which a special use is 16 required, must present a certified report by a professional engineer 17 licensed to practice in the State of Florida, which shall include the 18 following: 19 20 a. A site plan which includes, without limitation, a legal description 21 of the parent tract and leased parcel, if applicable; on -site and 22 adjacent land uses and zoning classifications; and, a visual 23 impact analysis and photo digitalization of the 24 telecommunications tower and all attachments including 25 associated buildings and equipment containers, close -up and at 26 distances of 250 feet and 500 feet from all properties within that 27 range, or at other points agreed upon in a pre- application 28 conference. 29 b. An analysis of any additional impacts on adjacent properties. 30 c. If applicable, a narrative of why the proposed 31 telecommunications tower cannot comply with the requirements 32 as stated in this Section. 33 d. Type of telecommunications tower and specifics of design. 34 e. Current wind - loading capacity and projection of wind - loading 35 capacity using different types of antennas as contemplated by the 36 applicant. No telecommunications tower shall be permitted to 37 exceed its wind loading capacity as provided for by the South 38 Florida Building Code. 39 f. A statement of non - interference, which states that the 40 construction and operation of the tower, including reception and 41 transmission functions, will not interfere with public safety 42 communication, or with the visual and customary transmission or Page 8 of 18 1 reception of radio, television, or similar services, as well as other 2 wireless services enjoyed by adjacent properties. 3 g. A statement of compliance with all applicable building codes, 4 associated regulations and safety standards as provided herein. 5 For all towers attached to existing structures, the statement shall 6 include certification that the structure can support the load 7 superimposed by the telecommunications tower. Except where 8 provided herein, all towers shall have the capacity to permit 9 multiple users; at a minimum, monopole towers shall be able to 10 accommodate 2 users and, at a minimum, self - support of lattice 11 or guyed towers shall be able to accommodate 3 users. 12 h. Any additional information deemed by the City to be necessary 13 to assess compliance with this Ordinance. 14 15 9. Collocation. Pursuant to the intent of this Ordinance, collocation of 16 telecommunication antennas by more than one provider on existing 17 telecommunication towers shall take precedence over the 18 construction of new telecommunication towers. Accordingly, in 19 addition to submitting the information required by Section 20- 2 0 10.4(A)(6), each application shall include a written report certified 21 by a professional engineer licensed to practice in the State of 22 Florida, stating: 23 24 a. the geographical service area requirements; 25 b. mechanical or electrical incompatibility; 26 c. any restrictions or limitations of the FCC that would preclude the 27 shared use of the telecommunication tower; and 28 d. any additional information required by the City. 29 30 To encourage a reduction in the number of towers that may be 31 required to site antennas in order to meet the City's increasing 32 demand for wireless service, new towers shall be structurally 33 designed to accommodate the collocation of antennas as follows: 34 35 a. All towers over 80 feet and up to 150 feet in height shall be 36 structurally designed to accommodate at least two Providers. 37 38 10. Collocation Incentive. Pursuant to the intent of this Ordinance, the 39 City shall provide the following incentive to service providers: 40 41 a. The review of all applications submitted by providers seeking to 42 collocate on a pre- existing telecommunications tower or to rent 43 space on a proposed new telecommunications tower, shall be Page 9 of 18 I completed by the City no more than 30 days following the filing 2 of a completed application as provided in this Ordinance. 3 4 10. Aesthetics. Towers and antennas shall meet the following 5 requirements: 6 7 a. All applications for the installation of new towers, antennas or 8 accessory equipment buildings, or the modification of existing 9 towers, antennas or accessory equipment buildings shall be 10 reviewed by the ERPB as provided in this Code. 11 b. Towers shall either maintain a galvanized steel finish or, if 12 allowed by FAA standards, shall be painted a neutral color to 13 reduce visual obtrusiveness. 14 c. The design of accessory buildings and related structures shall use 15 materials, colors, textures, screening, and landscaping that will 16 blend them into the natural setting and surrounding buildings to 17 minimize visual impact, as determined by the ERPB. 18 d. All telecommunications tower sites must comply with any 19 landscaping requirements of the City Land Development Code 20 and all other applicable aesthetic and safety requirements of the 21 city, and the City may require landscaping in excess of those 22 requirements in order to enhance compatibility with adjacent 23 residential and non - residential land uses. 24 e. If an antenna is installed on a structure other than a tower, the 25 antenna and supporting electrical and mechanical equipment 26 must be of a color that is neutral, identical to, or compatible with 27 the color of the supporting structure, as determined by the ERPB, 28 to make the antenna and related equipment as visually 29 unobtrusive as possible. 30 f. No signals, artificial lights or illumination shall be permitted on 31 any tower or antenna unless required by the FAA. If lighting is 32 required, the lighting alternatives and design chosen must cause 33 the least disturbance to the surrounding views. To the maximum 34 extent possible, lighting shall be oriented away from residential 35 districts. 36 37 11. Local State or Federal Requirements. The construction, operation, 38 maintenance and repair of telecommunications facilities are subject 39 to the regulatory supervision of the City, and shall be performed in 40 compliance with all laws and practices affecting the subject, 41 including, but not limited to, the Land Development Code, building 42 code and safety codes. The construction, operation and repair shall 43 be performed in a manner consistent with the applicable industry Page 10 of 18 1 standards, including the Electronic Industries Association. All 2 towers and antennas must meet or exceed current standards and 3 regulations of the FAA and the FCC, including emission standards. 4 They must meet the requirements of all federal, state and local 5 government agencies with the authority to regulate towers and 6 antennas prior to issuance of a building permit by the City. If such 7 standards and regulations are changed and require retroactive 8 application, then the owners of the towers and antennas governed by 9 this Ordinance shall bring such facilities into compliance with such 10 revised standards and regulations within six months of their effective 11 date, unless a different compliance schedule is mandated by the 12 controlling agency. Failure to bring towers and antennas into 13 compliance with such revised standards and regulations shall 14 constitute grounds for removal of the tower or antenna at the 15 owner's expense. 16 17 12. Building; Codes & Safety Standards. 18 19 a. To ensure the structural integrity of telecommunications towers, 20 the owner shall construct and maintain the telecommunications 21 tower in compliance with the South Florida Building Code, and 22 all other applicable codes and standards, as amended from time 23 to time. A statement shall be submitted to the City by a 24 professional engineer certifying compliance with this subsection 25 upon completion of construction and, or, subsequent 26 modification. Where a pre- existing structure, including light and 27 power poles, is requested to be used as a stealth facility, the 28 facility, and all modifications to it, shall comply with all 29 requirements, as provided in this Ordinance. Following the 30 issuance of a building permit, the City shall require the owner to 31 provide a professional analysis of a soil boring from the base of 32 the telecommunications tower site to assure integrity of 33 foundation. 34 b. The City reserves the right to conduct periodic inspection of 35 telecommunications towers to ensure structural and electrical 36 integrity. If, upon inspection, the City concludes that a tower 37 fails to comply with any building or safety codes and industry 38 construction or maintenance standards, and constitutes a danger 39 to persons or property, then upon notice, the owner of the tower 40 shall have 30 days to bring the tower into compliance. Failure to 41 bring the tower into compliance within 30 days from receipt of 42 notice shall constitute grounds imposing a fine and for removal 43 of the tower or antenna at the owner's expense. Page 11 of 18 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 13. Si mage. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be permitted on any part of an antenna or telecommunication tower, except for warning, danger or other signs designed to maintain public safety. 14. Security. Telecommunications facilities shall be enclosed by security fencing and shall also be equipped with an appropriate anti - climbing device provided, however, that the City may waive such requirements. 15. Measurement. For purposes of measurement, telecommunication tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries. 16. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities. 17. Franchises and Licenses. Owners and, or, operators of towers or antennas shall certify that all franchises required by law for the construction or operation of a wireless telecommunication system in the City have been obtained and shall file a copy of all such franchises with the City. 18. Inspections; Reports; Fees. a. Telecommunication tower owners shall submit a report to the City certifying structural and electrical integrity every two years. The report shall be accompanied by a non - refundable fee of $200.00 to reimburse the City for the cost of review. b. The City may conduct periodic inspection of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provisions of this Ordinance. The owner of the telecommunications tower may be required by the City to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the telecommunication tower is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant additional inspections. Page 12 of 18 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 19. Bonding. The owner of a telecommunications tower shall prior to commencing construction post a bond equal to an amount no less than $25,000, which bond shall be posted to insure the obligation identified in Section 20 -10.9. 20 -10.5 Permitted Uses The permitted uses shall be divided into those uses which can be approved administratively and those which must be approved pursuant to the special use process. (A) The following uses may be approved by the City Manager [or the Manager's designee] after ERPB approval: 1. 2. Stealth Facilities. a. Stealth rooftop or building mounted antennas, not exceeding 25 feet above the roofline and 10 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use in the following zoning districts: RM -24 Medium Density Multi- Family MO Medium - Intensity Office SR Specialty Retail TODD Transit - Oriented Development District PI Public /Institutional PR Parks and Recreation b. Stealth towers not exceeding 150 feet in height shall be permitted as a principal or accessory use in the following zoning districts: RM -24 Medium Density Multi- Family MO Medium - Intensity Office SR Specialty Retail TODD Transit - Oriented Development District PI Public /Institutional PR Parks and Recreation c. Upon receipt of the appropriate application, the City Manager, at his or her sole discretion, will determine the application's consistency with the definition of a stealth facility. Non - Stealth Facilities. Page 13 of 18 l 2 a. Non - Stealth antennas mounted to buildings or rooftops, not 3 exceeding 15 feet above the roofline and 5 feet above the 4 maximum height of the applicable zoning district, shall be 5 permitted as an accessory use in the following zoning districts: 6 7 MU -5 /TODD Transit - Oriented Development District 8 9 b. Any non - stealth building or rooftop antennas approved 10 administratively shall only be permitted on buildings in excess of 11 40 feet in height. 12 13 (B) The following uses may be permitted through the special use process: 14 15 1. Stealth Facilities. 16 17 a. Stealth rooftop or building mounted antennas, not exceeding 15 18 feet above the roofline and 10 feet above the maximum height of 19 the applicable zoning district, shall be permitted as an accessory 20 use pursuant to special use approval in the following zoning 2 1 districts: 22 23 LO Low Intensity Office 24 GR General Retail 2S NR Neighborhood Retail 26 H Hospital 27 PUD Planned Unit Development 28 29 b. Stealth towers not exceeding 80 feet in height shall be permitted 30 as an accessory use pursuant to special use approval in the 31 following zoning districts: 32 33 H Hospital 34 PUD Planned Unit Development 35 36 c. Upon receipt of the appropriate application, the City Manager, at 37 his or her sole discretion, will determine the application's 38 consistency with the definition of a stealth facility. 39 40 d. Residential Planned Unit Developments shall not be a permitted 41 location for telecommunication facilities. 42 43 2. Non- Stealth Facilities. Page 14 of 18 1 2 a. Non- Stealth antennas mounted to buildings or rooftops, not 3 exceeding 15 feet above the roofline and 5 feet above the 4 maximum height of the applicable zoning district, shall be 5 permitted as an accessory use pursuant to special use approval in 6 the following zoning districts: 7 8 RM -24 Medium Density Multi - Family 9 MO Medium - Intensity Office 10 SR Specialty Retail 11 MU- 4/MU -5 /TODD Transit- Oriented Development District 12 PI Public/Institutional 13 PR Parks and Recreation 14 15 b. Any non - stealth building or rooftop antennas permitted pursuant 16 to special use approval shall only be permitted on buildings in 17 excess of 30 feet in height. 18 19 c. Monopoles not exceeding 150 feet in height may be permitted in 20 the following zoning districts pursuant to special use approval: 21 22 PI Public /Institutional 23 24 20 -10.6 Procedure for Special Use. 25 26 Any of the permitted special uses in this Article may be approved and permitted 27 by the City Commission at a public hearing, after a recommendation by the Planning 28 Board, provided that the use complies with the requirements of this Article, Section 20- 2 9 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use 3o approvals," and any other requirements and conditions the City Commission may 31 consider appropriate and necessary. 32 33 34 20 -10.7 Prohibitions and Exceptions. 35 36 (A) The location of a new antenna in any zoning district other than those 37 districts specified in this section shall be prohibited, except as specified below: 38 39 1. Antenna and or microwave dishes may be located on franchised utility 40 poles or poles owned by the City pursuant to the following regulations: 41 42 a. The utility poles shall be located within public easements or 43 public rights -of -way. Page 15 of 18 1 b. Fees related to utility pole installation: 2 (1) A license application fee shall be paid 3 (2) An Engineering permit fee shall be paid if the pole is 4 replaced to accommodate telecommunications equipment. 5 (3) An annual Occupational License tax shall be paid. 6 c. The antenna and, or, dish shall be of a size and placement that is 7 structurally compatible with the engineering design of the pole 8 pursuant to the South Florida Building Code and certified by a 9 registered Engineer. 10 d. The antenna or dish shall not extend more than 10 feet above the 11 existing pole height. If the pole is replaced to withstand the 12 addition of telecommunications equipment, then the same 13 restriction shall apply except that the utility pole may be 10 feet 14 higher than the adjacent pole heights. 15 e. Placement of an antenna and, or, a dish on a utility pole shall 16 only be on poles owner or operated by a city franchisee or the 17 City. 18 f. No commercial advertising shall be allowed on the antenna or 19 dish. 20 21 20 -10.8 Accessory Equipment Building. 22 23 Accessory equipment buildings used in conjunction with the operation and 24 maintenance of Antennas shall be permitted subject to the following requirements: 25 26 (A) ERPB approval is required. 27 28 (B) Must conform to the applicable zoning district's dimensional standards. 29 30 (C) If the site is already occupied by a principal building, the provider shall 31 attempt to utilize the existing building for its antenna- related equipment. If the provider is 32 unable to use the existing building, it must provide a report to the City describing the 33 reasons which disallow it from using the existing building. 34 35 (D) Shall be designed, constructed, and installed in compliance with this Code, 36 the South Florida Building Code, and all other applicable codes. 37 38 20 -10.9 Removal of Abandoned Telecommunication Facilities. 39 40 (A) At the time of building permit application, the applicant shall enter into a 41 contractually enforceable agreement with the City that requires the applicant, or the 42 owner of the facility, to remove the telecommunication tower structure, at his or her sole 43 cost, upon its abandonment. Page 16 of 18 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 (B) In the event the approved use of a telecommunication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Manager, who shall have the power to request documentation and, or, affidavits from the owner regarding the use. (C) The City Manager shall provide the owner with written notice, by certified mail, of an abandonment determination. The failure or refusal by the owner to respond within 60 days of receipt of the notice shall constitute prima facie evidence that the telecommunication tower has been abandoned. (D) If the owner fails to respond or fails to demonstrate that the tower is not abandoned, the City Manager shall render a finding that the tower is abandoned and the owner of the antenna shall have an additional 120 days within which to (i) reactivate the use of the tower or to transfer the tower to another owner who makes actual use of the tower within the time period, or (ii) dismantle and remove the tower. At the earlier of 121 days from the dated of the entry of a finding of abandonment, without reactivation, or upon completion of dismantling and removal, any special use approval shall automatically expire. 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 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 13th day of October, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: Page 17 of 18 MAYOR