My WebLink
More
Help
About
Sign Out
No preview available
/
Fit window
Fit width
Fit height
400%
200%
100%
75%
50%
25%
View plain text
This document contains no pages.
The URL can be used to link to this page
Your browser does not support the video tag.
03-04-97
MAYOR: (Vacant) VICE MAYOR: Julio Robaina COMMISSIONER: COMMISSIONER: COMMISSIONER: Anna M. Price David D. Bethel R. Paul Young CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: March 4, 1997 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: March 18, 1997 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to Pill 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. Presentations: ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Special City Commission Minutes - February 11, 1997 Regular City Commission Minutes - February 18, 1997 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - MARCH 4, 1997 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR PENSION BOARD. APPOINTING WILLIAM MACKEY AS THE EMPLOYEE REPRESENTATIVE TO SERVE FOR A TWO YEAR TERM EXPIRING MARCH 4, 1999 OR .UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Vice Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD. RE- APPOINTING SUBRATA BASU TO SERVE FOR A TWO YEAR TERM EXPIRING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Vice Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR PENSION BOARD. APPOINTING EDWARD W. ENGLISH, II TO SERVE FOR A TWO YEAR TERM EXPIRING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Vice Mayor Robaina) 3/5 7. A RESOLUTION OF THE CITY OF SOUTH MIAMI, PRESERVATION BOARD. SERVE FOR A TWO YE; UNTIL A SUCCESSOR IS (Vice MAYOR AND CITY COMMISSION OF THE FLORIDA, RELATING TO THE HISTORIC APPOINTING SARAH A. TOMPKINS TO R TERM EXPIRING MARCH 4, 1997 OR DULY APPOINTED AND QUALIFIED. Mayor Robaina) 3/5 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREET STRIPING, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THERMOPLASTIC AND SIGNS, INC. FOR CITY- WIDE STREET PAVEMENT STRIPING AT A COST NOT TO EXCEED $15,000 FOR THE CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TAX FUND NO. 12 -1730- 6460, "INFRASTRUCTURE PROJECTS ". (Administration /Public Works) 3/5 REGULAR CITY COMMISSION 2 AGENDA - MARCH 4, 1997 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MARKINGS FOR THE POLICE VEHICLES, AUTHORIZING THE CITY MANAGER TO EXPEND NOT MORE THAN THE SUM OF $4,217.00 TO TRIM LINE GRAPHICS. THE SUM WILL BE CHARGED TO ACCOUNT #1910 -4620 (MAINTENANCE AND REPAIR). (Administration /Police Dept.) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF CONSULTING LEGAL ATTORNEY FEES IN THE AMOUNT OF $4,679.98 TO BE CHARGED TO ACCOUNT NO. 1500 -3410. (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 MEMORANDUM OF AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH METROPOLITAN DADE COUNTY BY AND THROUGH THE METROPOLITAN DADE HOUSING AUTHORITY, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT TO PROVIDE A HOUSING ORIENTED PATROL UNIT IN PUBIC HOUSING DEVELOPMENTS LOCATED WITHIN THE BOUNDARIES OF THE CITY. (Administration /Police Dept.) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF TWO NEWSRACK DEVICES BY THE CORAL GABLES GAZETTE, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $9,901.00 FOR THE PURCHASE OF FOUR PERSONAL COMPUTERS AND ONE PRINTER FOR THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 1770 - 519.6430, "EQUIPMENT - OPERATING ". (Administration /Public Works. Dept.) 3/5 REGULAR CITY COMMISSION 3 AGENDA - MARCH 4, 1997 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,878.00 FOR THE PURCHASE OF ONE PERSONAL COMPUTER FOR THE BUILDING DEPARTMENT, CODE ENFORCEMENT DIVISION, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 1610 - 524.6430 "EQUIPMENT- OPERATING" (Administration /Building Dept.) 3/5 ORDINANCE(S) SECOND READING & PUBLIC HEARING(S) 15. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASOLINE SERVICE STATIONS UNDER SECTION 20- 3.4(B)(5); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (1sT Reading - January 21, 1997) (Administration /BZ &CD) 3/5 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED METHODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20- 3.6(S); REQUIRING RETAINING WALLS FOR NEW RESIDENTIAL AND COMMERCIAL CONSTRUCTION ON ELEVATED SITES BY CREATING A NEW SECTION 20- 3.6(T); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading - January 21, 1997) (Administration /BZ &CD) 3/5 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; AMENDING SECTION 9 -3 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR, BE AT THE SYLVA G. MARTIN COMMUNITY BUILDING, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading - February 11, 1997) (Administration) 3/5 REGULAR CITY COMMISSION 4 AGENDA - MARCH 4, 1997 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING SECTION 9 -5(B) OF THE CODE OF ORDINANCES TO PROVIDE FOR SCHEDULING GENERAL AND SPECIAL ELECTIONS BY RESOLUTION; RATIFYING THE SCHEDULING OF THE SPECIAL ELECTION FOR APRIL 8, 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (18t Reading - February 18, 1997) (Administration) 3/5 RESOLUTION(S) PUBLIC HEARING 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REQUEST FOR A WAIVER OF RIGHT -OF -WAY IMPROVEMENTS, PURSUANT TO SECTION 20- 4.2©(1) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5805 SW 67 AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 3/5 RESOLUTION(S) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20- 3.3©(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT A PROPOSED GAMEWORKS BE CLASSIFIED AS SIMILAR TO THE PERMITTED USE GAME SHOP; PROVIDING FOR SEPARATION OF USES IN THE ESTABLISHMENT, WHEREBY FOOD SERVICE SHALL BE LICENSED AS A TEA ROOM AND ALCOHOLIC BEVERAGE SERVICE SHALL BE LICENSED AS A DRINKING PLACE WHICH ARE PERMITTED USES IN THE "SR" SPECIALTY RETAIL ZONING DISTRICT; PROVIDING FOR APPROVAL POWERS; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 3/5 REGULAR CITY COMMISSION 5 AGENDA - MARCH 4, 1997 ORDINANCES) FIRST READING 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DELETION OF EXCEPTION TO NO- SMOKING IN COMMISSION CHAMBERS IN CITY HALL, AMENDING CHAPTER 2, ARTICLE I, SECTION 2 -2.2, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 2, ARTICLE I, SECTION 2- 2.1(M)(e) DELETING LANGUAGE REQUIRING THAT ORDINANCES BE READ IN THEIR ENTIRETY WHEN PRESENTED AS AGENDA ITEMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 6 AGENDA - MARCH 4, 1997 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 v TO: Mayor and Commission DATE: February 27, 1997 FROM: L. Dennis Whitt RE: Agenda Item # City Manager Commission Meeting March 4, 1997 Appointment to Pension Board This resolution recommends appointment of Bill Mackey for approval to serve on the Regular Pension Board as the active employee representative member. The expiration date for this appointment will be March 1, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING WILLIAM MACKEY AS A MEMBER OF THE CITY OF SOUTH MIAMI PENSION BOARD TO SERVE IN SUCH CAPACITY UNTIL MARCH 1, 1999, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, the Pension Board of the City of South Miami currently has a vacancy and Section 16 -20 of the City Code of Ordinances provides that one (1) active employee of the City be appointed to the Pension Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. William Mackey, City of South Miami Building Division representative to the City of South Miami Pension Board to serve in such capacity until March 4 1999. Or until a successor is duly appointed and qualified. PASSED AND ADPOTED this 4th day of March, 1999. ATTEST: CITY CLERK CITY ATTORNEY APPROVED: VICE MAYOR 4 5 If Yw 0 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission FRO L. City Manager DATE: February 27, 1997 RE: Agenda Item #-!r Commission Meeting March 4, 1997 Re- appointment to Planning Board The attached resolution is placed on the agenda at the request of Vice Mayor Julio Robaina. This resolution recommends re- appointment of Subrata Basu for approval to serve on the Planning Board. The expiration date for this appointment will be March 4, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD. RE- APPOINTING SUBRATA BASU TO SERVE FOR A TWO YEAR TERM EXPIRING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contribution made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, The City Commission desires to re- appoint Mr. Subrata Basu to serve until his term has expired or until a successor is duly appointed and qualified; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby re- appoints Mr. Subrata Basu to serve on the Planning Board. Section 2. The expiration date of this appointment shall expire March 4, 1999 or until a successor is duly appointed and qualified. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of i�440a "D VICE -MAYOR , 1997. S v CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission FRO City Manager DATE: February 27, 1997 RE: Agenda Item # Commission Meeting March 4, 1997 Appointment to Regular Pension Board The attached resolution is placed on the agenda at the request of Vice Mayor Julio Robaina. This resolution recommends appointment of Edward W. English, II for approval to serve on the Regular Pension Board. The expiration date for this appointment will be March 4, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR PENSION BOARD. APPOINTING EDWARD W. ENGLISH, II TO SERVE FOR A TWO YEAR TERM. EXPIRING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contribution made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, The City Commission desires to appoint Mr. Edward W. English, II to .serve on the Regular Pension Board until his term has expired or until a successor is duly appointed and qualified; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Mr. Edward English, II to serve on the Regular Pension Board. Section 2. The expiration date of this appointment shall expire March 4, 1999 or until a successor is duly appointed and qualified. PASSED AND ADOPTED this day of ATTEST: APPROVED: CITY CLERK VICE -MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY , 1997. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 Mayor and Commission L. ' ennis i e City Manager DATE: February 27, 1997 RE: Agenda Item # I Commission Meeting March 4, 1997 Appointment to Historic Preservation Board The attached resolution is placed on the agenda at the request of Vice Mayor Julio Robaina. This resolution recommends appointment of Sarah A. Tompkins for approval to serve on the Historic Preservation Board. The expiration date for this appointment will be March 4, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HISTORIC PRESERVATION BOARD. APPOINTING SARAH A. TOMPKINS TO SERVE FOR A TWO YEAR TERM EXPIRING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contribution made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, The City Commission desires to appoint Ms. Sarah A. Tompkins to serve on the Historic Preservation Board until her term has expired or until a successor is duly appointed and qualified; .and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Ms. Sarah A. Tompkins to serve on the Historic Preservation Board. Section 2. The expiration date of this appointment shall expire March 4, 1999 or until a successor is duly appointed and qualified. PASSED AND ADOPTED this ATTEST: day of APPROVED: CITY CLERK VICE -MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY , 1997. 1�7 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: March 4, 1997 FROM: L. Dennis Whitt RE: Agenda Item # City Manager Commission Meeting March 4, 1997 STREET PAVEMENT MARKINGS (STRIPING) CONTRACT --------------------------------------------------------------------------- The attached resolution seeks authorization to enter into a contract for city wide pavement striping at a cost not to exceed $15,000 for the current fiscal year. The services will be used in conjunction with Public Works' road resurfacing program for this fiscal year. In addition, streets which are in most need of restriping will also be addressed. The proposed contractor, Thermoplastic and Signs, Inc., was awarded a contract with Metropolitan Dade County through the competitive bid process (Contract No. 17, "Annual Pavement Striping "). The contractor recently performed the striping on S.W. 58`x' Place near Murray Park. The quality of the work and the responsiveness of the company were first rate. Based on the continuing need for maintenance and installation of pavement markings throughout the city, it is recommended that the City Commission authorize the proposed contract with Thermoplastic and Signs, Inc. Attachment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREET STRIPING, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THERMOPLASTIC AND SIGNS, INC. FOR CITY -WIDE STREET PAVEMENT STRIPING AT A COST NOT TO EXCEED $15,000 FOR THE CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TAX FUND NO. 12- 1730 -6460, "INFRASTRUCTURE PROJECTS." WHEREAS, proper pavement striping and related markings of the City's streets is necessary to maximize traffic safety and maintain the aesthetics of roadways; and, WHEREAS, roadway striping demand is generated by annual street resurfacing activity as well as street markings maintenance required by existing roads; and, WHEREAS, the City has scheduled close to one and a half miles of street resurfacing for this fiscal year, as well as a number of blocks and intersections which require restriping; and, WHEREAS, the Public Works Department has identified a qualified and reputable street markings contractor which is presently on contract with Metropolitan Dade County based on a competitive bid process. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to enter into an agreement with Thermoplastic and Signs, Inc. for installation of pavement surface markings on a city -wide basis. Section 2. The terms of the agreement and fee structure will be identical to that of contract number 17, titled Annual Pavement Striping currently in place between the contractor and Metropolitan Dade County's Public Works Department. Section 3. The total amount to be spent on the above referenced contract will not exceed $15,000 during the fiscal year 1996 -97, and will be paid from account # 12 -1730 -6460, Local Option Gas Tax Fund, Infrastructure Projects." Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE MAYOR 0 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ANNUAL PAVEMENT STRIPING CONTRACT 17 PROJECT NO. 6101.39 � 'o . lo'�_o JANUARY 1996 Zd WdZ£:b0 L66T b0 "qad OS66VSB S0£ 'ON SNOHd 'JNI `SNOIS 2 0I1STWOW�)3HJ : WOal Y. �,.. •. 2ET r7 OF 30 SETS METROPOLITAN DADE COUNTY • FLORIDA PUBLIC WORKS DEPARTMENT SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ANNUAL PAVEMENT STRIPING CONTRACT 17 PROJECT NO. 6101.39 � 'o . lo'�_o JANUARY 1996 Zd WdZ£:b0 L66T b0 "qad OS66VSB S0£ 'ON SNOHd 'JNI `SNOIS 2 0I1STWOW�)3HJ : WOal • \./ 2 I D FORK P40dECT TITLE. ANNUAL PAVEMENT STRIPING CONTRACT N17 PROJECT NUMBER 610139 IF TN1S PROPOSAL IS ACCEPTED, THE UNDERSIGNED 4!0010 AGREES 10 COMPLETE ALL YORK UNDER TMIS CONTRACT YITNIM •• SEE SPECIAL PROVISIONS** CALENDAR DAYS AFTER THE EFFECTIVE DATE ESTARLISKED IM THE "NOTICE to PROCEED YITM CONTRACT YORK." )ITEM MUMSER I QUANTITY 1UN1T IDESCRIPTIOM I vRlTTEM UNIT AMOUNT I UNIT PRICE I TOTAL 1 101-1 1 30.00 TURK 000 {M06ILI2ATION I ONE DOLLS & 1 1.00 1 30.00 I t I NO CENTS I j 786 -1 -12 1 20,000.00 1EA. (REFLECTIVE PAVEMENT I TWO DOLLARS & 1 2.90 _ i 000.00 5R' 1 I { On IMARKIRS (No or ti - I NINETY CENTS I I j I I { ! 101rectional, All colors) I I I I I 1 706.2 1 2,000.00 r JEA. IREMOVAL OF EXISTING I ONE DOLLARS & 1 1.75 3,500.00 I ! { JPAVEMIMT MAAKIAS J I I SEVENTY FIVE 1 1 1 710.5 1 20,000.00 1L.f. IREMOVAL Of TRAFFIC I .CE=1 NO DOLLARS & I I I 1 { IST41PES (4• Wide, Paint I FOi7R CENT` I 0,04 1 800.00 I I ( {or'TheTwoplaatic) { I 1 i 1 710-11.1 1 10.00 JEA. IREMOVAL OF PAVEMENT I FIVE DOLLARS & I J I 1 !MESSAGES (Per word. 1 NO CENTS I 5.00 '" 1 50.00 1 1 } { j (Paint or Thermoplastic) I I I E- 1 710.11.2 1 10.00 JELL. )REMOVAL OF EXISTING I FIVE DOLLARS & 1 1 l I I 10JUCTIONAL ARAOVS I NO CENT'S I 5.00 i 50.00 • J 1 J !(Paint or Thermoplastic) J J 1 1 710.11.3 1 10.00 1EA. JRINNAL OF EXISTING I FIVE DOLLARS & I _I I { I ISCMOOL CROSSING PAVEMENT I NO CENTS 1 5.00 I 50.00 J ( j INESSAGE (Paint or Thermo- I J 1 I I I (plastic, includes ramoval J J J ! I 1 I 1 Iof transverse bands). i 1 I I 1 I 1 710.11.4 1 10.00 JEA. IRENOVAL OF EXISTING R.R I FIVE DOLLARS & I I 1 j J )CROSSING MESSAGE NO CENTS i 5.00 i 50.00' J ! J j(►aint or Thermoplastic, I I I jincludes rmwval of I I 1 I ( I transverse bands) I I I I Pape 2 of 4 !4610' Zd WdZZ:b0 L66T b0 -qad OS66d88 SOZ : 'ON BNOHd 'ONI 'SNOIS 'S 3IiSd- IdOW63Hi : 1,1061 T1. t 0 F 0 R N PROJECT TITLE: ANNUAL PAVEMENT STAIPtw6 CONTRACT 817 �_j. PROJECT wimefe 610139 (ITEM NUMBER 1 OuAwriTT lUNtr 10ESCRIPTtOw f WRtTTEw UMTT AMOUNT I UNIT PRICE ; TOTAL i 710.21 1 1.00 1G.M. 11KIP TRAFFIC STRIPE I SEVENTY NINT 1 I I f f I I f I I(a• white, Paint) I f ! 7WTNTY DOLLARS CEWM- I 79.20 i I 1 79.20 f 1 1 710.22 1 2.00 IG.k, ISK1D TRAFFIC STAiPE I EIGFTPEEN 6 I ; 1 I 1 I 1 1 I 1(1.11 rettow, Paint) I I I E FGEi''Y CEh'I'S • ! I 118.80 ! 237.60 I 1 710 -25 j 10.000.00 IL.F. ISOLIO TRAFFIC STRIPE I NO DOUARS & I 1 1 I I 1 1 I 1 1(4" white, Paint) I ( SIX CENTS. I 1 0.06 I 4 I 600.00 1 ! 1 710.26 1 25.000.00 1L.F. ISOLIO TRAFFIC STRIPE I NO DOLLARS 1.r 1 I I I I I ( f t I(411 Yalta+• Paint) ( f SIX CEM. ► 1 0.06 1 f t 1500-001 1 j 711.3.1 1 AD. 00 IEA. IPAVEMENr NESSACES I TEN DOLLARS & I I I I I l I(ThermoptasciC, Per word) I NO CEM. 1 10.00 1 800.00 1 1 711.3.2 1 20.00 IEA. IPAVEMENT MESSAGES I TEN DOLLARS L 1 I I l I I I(ThermpLastic, R.R. (NO CENTS- 1 10.00 1 206.001 I 1 I Ixinp. Inctudas I I 1 I I I I Itranswerss hands) I ( I 1 I I I 1 I 1 711.3.3 1 1.0.00 IEA. 1 PAVEMENT MESSAGES I TEN DOLSARS I I I I I I j(Therwaplastic, Schoct. I NO CENTS. I- 10.00 1 400-001 I I IInctudes tranararss f 1 I I bay) f I I 1 711.4 1 1,200.00 (EA. IDIRECTIONAL ARROWS I ( i 1 TPrRT'Y FIVE I I I DOLLKRS & 1<rharanptascie) I NO CENTS • 35.00 1 42000.00 1 ! I I 1 711.31.41 1 35.00 IG.M. ISI(IP TRAFFIC STRIPE I IvrMEE IMNMM 1 1 1 I l l 100 wh i ta, Thsrmio- I FOUR DOLUIRS & 1 I I 1pturtc) NO CENTS. j 304.00 1 10640-001 Ow2Aof4 ?,69 bd Wd££:b0 L66T b0 -qad OS66b88 S0£ : 'ON SNOHd 'JNI 'SNSIS 'E DIISUIJOW63HJ : WObd >r. Page 2 R of 4 Sd Wdb£:b0 L66I b0 'qad OS66PBS 50£ : 'ON SNOHd 'ONI 'SNJIS 'S 3I1Sd_ldOW63H1 : W02fd • PROJECT TITLE: ANNUAL PAYEIIENT STRIPING CONTRACT 217 PROJECT MJMGIR 610130 ,'TTFM NUMBEQ OUANTTT1' 'UNIT IOESCQtPT10N N4ITTEN UNIT AMOUNT i UNIT PsTLE TOTAL I 1 711 -31.61 5.00 IG.M. ISKIP TRAMC STRIPE FOUR HUNDRED I 1 1 ! I I I(6" white, lhermo- I FOR,I.Y 7MM I I I i I I 1Plasticl I DOLLARS NO CFNi5.1 443.00 1 2215.00 1 l I I I r I I 1 711.32.41 I I I 55.00 I I IG.M. I I 1SC!► TRAFFIC STRIPE i(4" Yellow, Thermo- IPta�ttc) I TWENTY M j DOLLMM NO C'FN -1 422.00 �j 23210.00 1 711-32.61 1 10.00 IG.M. ISKIP;IRAFFIC STRIPE I FIVE HUNDRED I ( I I I I 10" Ielter, Therma- I DOi.um b I I i I NO CEWM. 1 500.00 1 5000.00 1 1 711.35.41 I 700,000.00 1L.F. 1SOl12 IRAfFIC STRIPE, I NO DoLtARS b I I I I I I I I I 1(4" White, Thermoplastic) I I'cVENMY '1MM CENM 1 i 0.23 161000.00 1 1 1 711.35.61 I 1 15,000.00 I 1L.F. i ISCLID TRAFFIC STRIPE 1(v whit , Ther�+ecplastic) I NO DO1.IARS 11NLRTY FOUR CEWM. 0.34 5100.00 1 1 ••i 1 711 -35.81 1 1 10,000.00 I 1L.F. I ISOLID TRAFFIC STRIPE 1(8" white. Tharnaplaatic) I NO DOUMg b I I i'HlM SEVEN CEMt. 0.37 I I 3700.00 I I I I I I i I 1 711 -35 121 I I 25,000.00 I 1L.F. { ISOLID TRAFFIC STRIPE 102" White, Thermo— I NO DOLLARS b I I SEVEMT FM CEN*. 0.74 I I I 18500.00 1 I ! I IPlastic) 1 I I I I I L s 17I1- 35.141 ( 25,000.00 IL.F IsoLID TRAFFIC STRIPE I No DOLIaRS & I I I I l 1 101" White, Thermo- ( gEvEm FLUE CENis • 0.75 I 18750.00 1 I I i IPlaattc} I I I I 1 711.35.241 1 35,000.00 1L.F. ISOLIO TRAFFIC STRIPE I WE DOLLM b I 1 I I ( 1(24" White, Thermo - I FORTY EIGH CEWM I 1.48 1 51800.001 i I I IPtaatic) I i I I >r. Page 2 R of 4 Sd Wdb£:b0 L66I b0 'qad OS66PBS 50£ : 'ON SNOHd 'ONI 'SNJIS 'S 3I1Sd_ldOW63H1 : W02fd r I,,/ 9 1 0 F O R M WAND TOTAL s 681 #629998 THE BIDDER UNDERSTANDS AND AGREES TWAT THE AROVE GRAND TOTAL IS IMCLUSIVE Of ALL YORK NECESSARY TO COMPLETE THE JOB AS DESCRIBED tM THE PLANS AND SPECIFICATIONS. QUANTITIES ARE ESTABLISHED AND ARE INCLUDED ONLY FOR THE PURPOSE OF FACILItAttNG THE UNtfORM COMPARISON OF BIDS SUBMITTED. THE COUNTY SMALL MOT BE HELD RESPONSIBLE If THE QUANTITIES ARE NOT ACCURATE AND ALL COMPUTATIONS FOR COMPENSAtION SMALL BE BASED LM'ON THE ACTUAL WORKED PERFORMED. WHETHER GREATER OR LESS THAN ESTIMATED QUANTITIES. D.C. CERTIrtCATE OF CGMPETEIICY NO. F- -p0NST BIDDER'S TELEPHONE MUMBER_1�+ -� O Ld WdS£:b0 L66T b0 -qad PROJECT NUMBER 610139 2100ER'! NAME 7her'mo�tas�iG sfnsJ/(c. BIDDER'S ADORESi-Alho N. E~+. I !! C PL 331(014 pa" 20ofA OS66t788 S0£ 'ON BNOHd ?,$I 'aN I ' SNO I S ? J I 1SUIdOW2SSHl : WOad PROJECT TITLE: ANNUAL PAVEMENT STRIPING CONTRACT 1117 PROJECT %UMBER 610139 1 800.1 1 1.00 IL.S. (CONTINGENCIES ALLOWANCE I I I 1 I I I I[Enter Ten (lax) percent I 1 ( 61,966.18 I i I I 1of the Subtotetl I I 1 1 'r 3 ENO OF ALL 910 ITEMS. BIDDER MUST FILL -IN COMPLETELY TNQ NEXT PAGE FOR THE 21O TO BE VALID. 9d Wdb£:b0 L661 b0 'qad 'ape 2 C of i 0S66PBS S0£ : 'ON 9NOHd F Mqv- ,169 'ON I `SNJ I S 2 J I 1SUlaOWb9H1 : W02Id 11IEM NUMBER I IIIUA41IIT IUwIT I0fS1R1071O4 ,41111" UNIT 4MOUNI uMIT PRICE TOTAL 1 711.36 -41 I 500,000.00 1L.F. IS04I0 TRAFFIC STRIPE I NO DOUMS I 1 I 1(40 Yettow. Thermo- 1 THUM TWO C>r•WM 0.32 1 160000.00 1 i ! I IDt +sttcl 1 ! 1 I 1 1 I 1 I 1 1 I 1 711 -36.61 1 10,000.00 IL.F. 1sallD TRAFFIC STRIPE 1 NO DOUARS 1L I { I I I I I (6" vol tow, TAerma- { 'FORTY FIVE 1 0.45 1 4500.00 1 I I I laluticl I CENM. I f I 1 711.36.181 1 35,000.00 IL.F. ISOLID TRAFFIC STRIPE I DIVE DOUMS 6. 1 I 1 1011" Yet Low, Thermo. I iiinM MM CEWM 1.34 1 46900.00 1 I I SUBTOTAL s ! 619, 661.80 I 1 800.1 1 1.00 IL.S. (CONTINGENCIES ALLOWANCE I I I 1 I I I I[Enter Ten (lax) percent I 1 ( 61,966.18 I i I I 1of the Subtotetl I I 1 1 'r 3 ENO OF ALL 910 ITEMS. BIDDER MUST FILL -IN COMPLETELY TNQ NEXT PAGE FOR THE 21O TO BE VALID. 9d Wdb£:b0 L661 b0 'qad 'ape 2 C of i 0S66PBS S0£ : 'ON 9NOHd F Mqv- ,169 'ON I `SNJ I S 2 J I 1SUlaOWb9H1 : W02Id City of South Miami INTER - OFFICE MEMORANDUM TO: Mayor and City Commission Date: February 25, 1997 FROM: L. DOM* Whitt, City Manager Re: Agenda Item #A Comm. Mtg 3/04/97 Police Vehicle Striping In an effort to improve visibility, identifiability and appearance of police vehicles, reflectorized striping will be applied to the new police vehicles and to the existing fleet. The reflectorized material is a safety feature at night when other vehicles encounter a police car. The motorist becomes more cognizant of their speed as well as what surrounds them. Finally, the police vehicle is the most visible arm of the City administration, and as such, the impression left by viewing the police car will be positively enhanced through the use of these markings. These markings shall be applied to 16 Crown Victorias, 1 Crime Scene Van, 1 DARE Mustang and 3 Motorcycles at a cost of $4,217.00, Vendor is Trim Line Graphics, 2755 W. 81 St, Hialeah. I recommend approval of this resolution. RH/GF /sh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MARKINGS FOR THE POLICE VEHICLES, AUTHORIZING THE CITY MANAGER TO EXPEND NOT MORE THAN THE SUM OF $4,217.00 TO TRIM LINE GRAPHICS. THE SUM WILL BE CHARGED TO ACCOUNT #1910 -4620 (MAINTENANCE AND REPAIR). WHEREAS, the police car is the most visible arm of the City government and as such, the impression left by viewing a police car with custom markings reflects positively upon the City; and WHEREAS, reflectorized material used to mark police cars enhances the safety of the police officers at night when encountering other vehicles; and WHEREAS, a highly visible police vehicle acts as a deterrent to criminal activity; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That this resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of , 1997. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY VICE -MAYOR "T FEB -11 -97 TUE 03:45 PM TRIM -LINE OF MIAMI 556 7737 P.01 TRIM10019 FLEET GRAPHICS INIERUATIONAL, INC. 1~ebruary 7th, 1997 Captain Feldman South Miami Police Department 6130 S.W. 72nd Street Miami, Florida 33143 Dear Captain Feldman: Trim Line of Miami appreciates the opportunity to be of service to you. Below is a cost per unit for stripping, lettering, and the roof numbers for a Crown victoria police car. Example: One manufacture and installation of decals, high performance vinyls, three colors: Blue reflective, Cold reflective, and Black outline. 7 Cost per unit $220.00 Optional: jt1,_Vz Na 7-- y`Ir G4oltIi'VeT Removal of decals and buffing of cars. Cost per unit $50.00 If you need further information please feel free to contact me at (305) 556 -6210 or beep me at (305) 580 -3404. Si e ly, Vince Hulan Presi nt Trim L'ne of Miami 2755%V, 81St, - Hloleoh, Floildo 33016 -Ph, (305) 556 -6210 -Fox: (3051556-7737 1 Q N v I H I wi I giv I `� 5rg W , z ,ot Z r I I I nn I 11 1 t I 1 i I F i 1 t F r t City of South Miami Police Department Inter -Office Memorandum To: Capt. G. Feldman From: Lt. Daniel Salerno Date: February 11, 1997. Subject: Vehicle Marking Signs to Go, 595 -5025 called with their bid on marking the police vehicles. $787.00 each vehicles installed TO: FROM: DATE: POLICE DEPARTMENT INTER- OFFICE MEMORANDUM Chief Rafael P. Hernandez, Jr. Via Chain of Command Capt. G. Feldman February 21, 1997 i °LB SOUTI-; ni11�, i( POLICE Der; , XY4 SUBJECT: Vehicle Graphics 7 Sir: In conjunction with the attached materials, please be advised that the following vehicles will be done with the new graphics. 16 Crown Victorias $3,520.00 1 Crime Scene Van (w buffing) $ 270.00 1 Mustang (D.A.R.E.) $ 220.00 3 Motorcycles $ 207.00 $4,217.00 Although I can advise that 7 new Fords will be done, I cannot at this time provide a list of each vehicle as the final deadline list has not been drafted. Additionally, vehicles which are remaining on line but having graphics put on will also be refurbished, with body work and painting done. This is an unknown amount until each vehicle is separately estimated by 2 body shops. Lastly, the only vehicle to be buffed shall be the Crime Scene van, as it has shields on the door which will be removed and leave marks. . Greg Feldman Commander form Patrol Division GF /sh Att /` To: From: v Mayor and City Commission ��llC,bG�,l L. Dennis Whitt City Manager CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: February 26, 1997 Agenda Item # /0 Re: Comm. Mtg. 3/4/97 City Attorney's Legal Fees & costs This resolution provides authorization for payment of City Attorney non - retainer legal fees and costs in the amount of $4,679.98 account #1500 -3410. The appropriate invoices for fees and costs have been submitted and are attached to this resolution. This payment covers the period ending December 31, 1997. I recommend approval. M &C /At feescosts 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF CONSULTING LEGAL ATTORNEY FEES IN THE AMOUNT OF $4,679.98 TO BE CHARGED TO ACCOUNT NO. 1500 -3410. WHEREAS, the South Miami City Commission approved Resolution no. 99 -94 -9500 authorizing the payment of City Attorney non - retainer legal fees and costs; and WHEREAS, the City Attorney submitted the invoices for fees and costs which are attached to this resolution; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Attorney's invoices for legal fees and costs, which are annexed and made a part of this resolution as composit App.l., are approved for payment. Section 2. The amount of $4,679.98 charged to account no. 1500 -3410; Consulting- Legal. Section 3. This resolution will be effective upon passage. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE MAYOR 1997. /o EARL G. GALLOP VALERIE F. SETTLES OF COUNSEL LUIS R. FIGUEREDO EARL G. GALLOP & ASSOCIATES, P.A. ATTORNEYS AT LAW FIRST UNION FINANCIAL CENTER, SUITE 3580 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 -2316 February 25, 1997 TELEPHONE (305) 982 -1510 FACSIMILE (305) 982.1599 r. •. car Mr. L. Dennis Whitt �a G•l��ti; !• 1 7 City Manager City ty f Sou th M iami o 6130 Sunset Drive South Miami, FL 33143 ED Re: STATEMENT FOR PROFESSIONAL SERVICES MANAGER'S 0E CE City of South Miami Dear Mr. Whitt: Enclosed are our statements for professional services rendered and for costs advanced for the period ending December 31, 1996. Please place this statement on the agenda of the next City Commission meeting for approval. I tabulated the amounts due on each individual files as follows: 88071 Lien Foreclosures Profl Services S 2,843.75 Disbursements 285.75 Total Due $ 3,129.50 88072 • General Real Estate Prof "I Services $ 0 Disbursements Previous Balance Total Due 88073 In'. 1H, Bakery Centre Mandelstam v. CSM Prof1 Services Disbursements Previous Balance Total Due Profl Services Disbursements Previous Balance Total Due 61.94* $ 194 $ 0 26.59* $ 2. $ 306.25 85.63 0 $ 391.88 C� oOG��7 Mr. L. Dennis Whitt February 25, 1997 Page -2- 88075 Stieglitz Litigation Profl Services $ 948.75 Disbursements 146.46 Prevous Balance 0 Total Due $ 1,095.21 880076 Anthony Litigation ProfI Services $ 0 Disbursements 63.39 Previous Balance 0 Total Due $ 63.39 * These charges were not included in your prior payments. CURRENT TOTAL DUE $ 4,679.98 PREVIOUS BALANCE 88.53 GRAND TOTAL $ 4,768.51 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, �.1 61 Earl G. Gallop EGG:sgs Enclosures csmspcc.bil EARL G. GALLOP & ASSOCIATES, P.A. ATTORNEYS AT LAW Earl G. Gallop & Associates, P.A. OOP%7 First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr Invoice # 116 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 February 24, 1997 Matter: 88071 City of South Miami Foreclosures 12/13/96 PED Reviewing and organizing code enforcement lien files 5.00 250.00 12/16/96 PED Reviewing and organizing code enforcement lien files; preparing code enforcement liens chart 12/17/96 PED Reviewing and organizing code enforcement lien files; preparing code enforcement liens chart 12/18/96 PED Reviewing and organizing code enforcement lien files; office conference between Earl G. Gallop, Teresa J. Urda and Patricia DePretoro regarding lien foreclosures; and preparing code enforcement liens chart EGG Attention to lien foreclosures TJU Meetings with Mr. Gallop and Ms. DePretoro regarding filing lien foreclosures for the City of South Miami 7.00 350.00 7.00 350.00 6.50 325.00 2.00 350.00 1.00 125.00 /O Matter: 88071 February 24, 1997 Page 2 12/19/96 PED Organizing code enforcement liens foreclosure files; 6.00 300.00 reviewing Florida Bar's foreclosure procedures and forms; and preparing worksheet form for lien foreclosure � O L!� U EGG Meeting among Earl G.Gallop and representatives of Davis 0.50 87.50 Gardens regarding city liens 12/23/96 PED Organizing code enforcement liens foreclosure files 4.00 200.00 12/26/96 PED Organizing code enforcement liens foreclosure files; 7.00 350.00 preparing code enforcement liens foreclosure worksheet form; and preparing worksheet for individual files 12/31/96 TJU Review lien foreclosure materials in preparation to file same 1.25 156.25 Total Professional Services $2,843.75 Summary: Name: Hours: Rate: Amount: Earl G. Gallop 2.50 $175.00 $437.50 Teresa J. Urda 2.25 $125.00 $281.25 Patricia E. DePretoro 42.50 $50.00 $2,125.00 For Disbursements Incurred: 12/19/96 Supplies - Office Tech REF:343633 266.25 12/31/96 Photocopies 12 -1 to 12 -31 -96 10.50 Facs 12 -1 to 12 -31 -96 9.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. /0 Matter: 88071 February 24, 1997 Page 3 For Professional Services 47.25 Hours $2,843.75 For Disbursements Incurred $285.75 Current Balance ---------------- - - - - -- $3,129.50 Previous Balance $0.00 Payments - Thank you rrr rrrrrrrrrrrrr $0.00 Total Due $3,129.50 To be properly credited, please indicate Bill number on your remittance check. Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr City of South Miami 6130 Sunset Drive South Miami, Florida 33143 February 24, 1997 Matter: 88072 City of South Miami Real Estate C� oOpST Invoice # 117 For Professional Services 0.00 Hours $0.00 For Disbursements Incurred $0.00 ---------------- - - - - -- Current Balance $0.00 Previous Balance $61.94 Payments - Thank you $0.00 Total Due $61.94 To be properly credited, please indicate Bill number on your remittance check. /O Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr City of South Miami 6130 Sunset Drive South Miami, Florida 33143 February 24, 1997 Matter: 88073 City of South Miami Bakery Centre c�o�� Invoice # 118 For Professional Services 0.00 Hours $0.00 For Disbursements Incurred $0.00 ---------------- - - - - -- Current Balance $0.00 Previous Balance $26.59 --------------- - Payments - Thank you $11.45 Total Due $15.14 To be properly credited, please indicate Bill number on your remittance check. Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr Invoice # City of South Miami 6130 Sunset Drive South Miami, Florida 33143 119 February 24, 1997 Matter: 88074 City of South Miami Mandelstam Litigation ------------------------------------------------------------------------------------------------------------------------------ 12/02/96 EGG Receipt and review reponses to Mandelstam's motion for 1.75 306.25 rehearing Total Professional Services $306.25 Summary: Name: Hours: Rate: Amount: Earl G. Gallop 1.75 $175.00 $306.25 For Disbursements incurred: 11/28/96 LD Telephone REF:762000565 1.24 11/30/96 Research Lexis -Nexis REF:9611059856 51.07 12/04/96 Postage Nov. 3.07 12/31/96 Copies II/l/96-11/29/96 18.00 Photocopy 1.25 Facs 11 -1 to 11 -29 -96 5.00 /O Matter: 88074 February 24, 1997 Page 2 Facs 12 -1 to 12 -31 -96 QI. 7, 6.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. For Professional Services 1.75 Hours $306.25 For Disbursements Incurred $85.63 Current Balance ---------------- - - - - -- $391.88 Previous Balance $1,824.31 Payments - Thank you ..........MM.... $1,824.31 Total Due $391.88 To be properly credited, please indicate Bill number on your remittance check. /o Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr City of South Miami 6130 Sunset Drive South Miami, Florida 33143 February 24, 1997 Matter: 88075 City of South Miami Stieglitz Litigation CS[F,--'y Invoice # 120 12/02/96 EGG Telephone conference between Earl G. Gallop and Michael 0.30 52.50 Cohn, Ruden & Schuster, regardng professional liability cliam 12/03/96 PED Assisting and monitoring Mr. Michael Cohn, opposing 3.50 227.50 counsel, while reviewing file in office; preparing documents for photocopying EGG Meeting between Earl G. Gallop and Mr. Colin, and 1.00 175.00 reviewing prior litigation files in Steiglitz matter 12/04/96 TN Review Florida Rules Regulating the Bar regarding rules 3.00 375.00 violated by Mr. Borgognoni and Mr. Klein; prepare attachment memorandum for Florida Bar Grievance Committee regarding same 12/05/96 PED Telephone conference between Black's Copy Service and 0.25 16.25 Patricia E. DePretoro regarding status of photocopies; telephone message for Mr. Cohn regarding status of photocopies 12/10/96 PED Telephone conference between Mr. Cohn and Patricia E. 0.50 32.50 DePretoro regarding Steiglitz's Petition to Intervene; and searching and telefaxing document to Mr. Cohn pursuant to his request /O Matter: 88075 February 24, 1997 12/12/96 EGG Telephone conference with Blackie Steiglitz regarding status of case 12/13/96 EGG Telephone conference with Mr. Bill Hampton regarding meeting with Borgnogni Page 2 0.20 35.00 0.20 35.00 --------------- -- $948.75 1.05 27.68 1,• U-311II] Photocopies 12 -1 to 12 -31 -96 46.25 Facs 12 -1 to 12 -31 -96 13.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Q Total Professional Services Summary: Name: Hours: Rate: Amount: Earl G. Gallop 1.70 $175.00 $297.50 Teresa J. Urda 3.00 $125.00 $375.00 Patricia E. DePretoro 4.25 $65.00 $276.25 For Disbursements Incurred: 11/28/96 LD Telephone REF:762000565 12/04/96 Postage Nov. 12/28/96 LID Telephone REF:762000599 12/31/96 Copies 11/1/96 - 11/29/96 Page 2 0.20 35.00 0.20 35.00 --------------- -- $948.75 1.05 27.68 1,• U-311II] Photocopies 12 -1 to 12 -31 -96 46.25 Facs 12 -1 to 12 -31 -96 13.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Q Matter: 88075 February 24, 1997 For Professional Services For Disbursements Incurred Current Balance Previous Balance Payments - Thank you 8.95 Hours Page 3 C�0 $948.75 $146.46 ---------------- - - - - -- $1,095.21 $3,461.22 $3,461.22 Total Due $1,095.21 To be properly credited, please indicate Bill number on your remittance check. Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr City of South Miami 6130 Sunset Drive South Miami, Florida 33143 February 24, 1997 Matter: 88076 City of South Miami Anthony Litigation 15=�00 �� L'— V Invoice # 121 For Disbursements Incurred: 12/04/96 Postage Nov. 4.64 12/31/96 Copies 11/1/96- 11/29/96 58.75 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. For Professional Services For Disbursements Incurred Current Balance Previous Balance Payments - Thank you 0.00 Hours $0.00 $63.39 ---------------- - - - - -- $63.39 $15.40 $15.40 Total Due $63.39 To be properly credited, please indicate Bill number on your remittance check. l� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 19, 1997 From: Mr. L. Dennis Whitt Agenda Item # I / City Iganager Comm. Mtg. March 4, 1997 Memorandum of Agreement for Extra Duty Services - Dade Countv HUD There exists a need for the South Miami Police Department to provide enhanced police services to residents of Metropolitan Dade County's Housing Agency Developments. This need is in excess of the level of service currently provided by the Police Department. In order that existing police resources are not inordinately taxed, the Dade County Housing Agency has agreed to fund two extra duty officers for 8 hours per day, 2 days per week, to assist with those times when our current Community Policing Unit is not working. The attached Memorandum of Agreement reflects the terms and conditions enabling the City to initiate this program and to receive reimbursement for same. This Memorandum of Agreement has been reviewed and approved by City Attorney Earl Gallop. I recommend approval of this Resolution. 1 2 3 4 RESOLUTION NO. 5 6 7 8 9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 10 OF THE CITY OF SOUTH MIAMI AUTHORIZING THE 11 CITY MANAGER TO ENTER INTO A MEMORANDUM OF 12 AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY 13 ATTORNEY, WITH METROPOLITAN DADE COUNTY BY 14 AND THROUGH THE METROPOLITAN DADE HOUSING 15 AUTHORITY, ON BEHALF OF THE CITY OF SOUTH 16 MIAMI POLICE DEPARTMENT TO PROVIDE A 17 COMMUNITY ORIENTED PATROL UNIT IN PUBLIC 18 HOUSING DEVELOPMENTS LOCATED WITHIN THE 19 BOUNDARIES OF THE CITY. 20 21 22 WHEREAS, Metropolitan Dade County, (hereinafter 23 referred to as the "County ") has the power to own and 24 operate low income public housing developments within the 25 City of South Miami (hereinafter referred to as the "City "); 26 and 27 28 WHEREAS, such developments have a need for safety and 29 security for the residents of public housing developments 30 located within the City; and 31 32 WHEREAS, the County by and through Metropolitan Dade 33 Housing Agency, has agreed to provide an amount not to 34 exceed $12,000 to the City of South Miami Police Department 35 to operate a Community Oriented Patrol Unit in public 36 housing developments located within the boundaries of the 37 City; and 38 39 WHEREAS, both parties are agreeable to carrying out the 40 activities contemplated in the Memorandum of Agreement 41 subject to the terms and conditions stated within the 42 document; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA: 46 47 Section 1. The recitals and findings contained in the 48 Preamble to this Resolution are hereby adopted by reference 49 thereto and incorporated herein as is fully set forth in 50 this Section. 51 52 Section 2. The City Manager of the City of South 53 Miami, be, and hereby is, authorized to enter into a 54 Memorandum of Agreement with the County in a form acceptable 55 to the City Attorney, wherein the County shall provide funds 56 to the City in an amount not to exceed $12,000 for the City 57 to provide safety and security services in the form of a /1 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Community Oriented Patrol Unit within the City of South Miami HUD developments. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of , 1997. ATTEST: APPROVED: CITY CLERK VICE -MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY 11 DRAFT MEMORANDUM OF AGREEMENT This agreement made and entered into this day of , 1997, by and between the City of South Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY"),. and Metropolitan Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY"), both of which understand and agree as follows: WITNESSETH: WHEREAS, the COUNTY has the power to own and operate low - income public housing Developments within the CITY; and WHEREAS, such Developments have a need for safety and security for the residents of public housing developments located within the CITY; and WHEREAS, on the COUNTY, by and through Metropolitan Dade Housing Agency (hereinafter referred to as "MDHA" ), has agreed to provide an amount not to exceed $12,000 to the City of South Miami Police Department to operate a Community Oriented Patrol Unit, in public housing developments located within the boundaries of the CITY; and WHEREAS, Rafael P. Hernandez, Jr., Chief of Police of the CITY, has approved in principle the City's Police Department's involvement in the Program and in providing the said safety and security needs; and 1 /l WIEREAS, both parties are agreeable to carrying out the activities contemplated in this agreement, and subject to the terms and conditions hereinafter stated, the CITY and the COUNTY agree as follows: SECTION 1 It is understood that the CITY and COUNTY shall carry out the following activities to implement this Agreement: A) County shall provide funds to the CITY in an amount not to exceed $12,000 for the CITY to provide safety and security services in the form of a community oriented patrol unit within the City of South Miami HUD Developments. The goal is to provide localized neighborhood enforcement initiatives in coordination with established police agencies in an effort to reduce significantly drug and other criminal activity within MDHA developments. B) The CITY shall provide safety, security, and enforcement services in the form of two (2) off -duty police officers eight (8) hours a day, 2 days per week, for 18 weeks, which includes rotating shifts and roving officers. C) The CITY and the COUNTY shall mutually agree upon the assignment of officers and hours of service to best meet the needs of the Residents of Metro -Dade Housing Agency Developments. Lieutenant Dan Salerno will supervise and monitor these activities. D) The CITY shall submit a monthly status report to the Director of MDHA describing progress in carrying out services in the Program. SECTION 2 TIME OF PERFORMANCE: The CITY shall commence providing safety and security services described in Section 1 of this Agreement upon the execution of this Agreement and approval by the 2 /1 Dade Board of County Commissioners and the Board of Commissioners of the City of South Miami. The term of this Agreement shall be one (1) year, the County shall have the option to extend the term hereof for one (1) additional year, at the County's sole discretion. METHOD OF PAYMENT: A) In consideration of the performance of the services described in Section 1 of this Agreement, the COUNTY shall pay the City the amount shown in monthly itemized invoices to be submitted by the City. Compensation shall be based on the number of hours worked at the rate of $20.00 per hour, provided, however, that the maximum compensation to be paid hereunder shall not exceed $12,000 unless such figure is adjusted higher by the COUNTY. SECTION 3 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state, and local government. SECTION 4 GENERAL CONDITIONS: A) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be /deemed given on the day on which personally served; or, if by mail, on the fifth (5 ") day after being posted or the date of actual receipt, whichever is earlier: 3 11 CITY OF SOUTH MIAMI METROPOLITAN DADE City Manager HOUSING AGENCY 6130 Sunset Drive Executive Director South Miami, Florida 33143 1401 NW 70' Street Miami, Florida 33125 B) Title and paragraph heading are for convenient reference and are not part of this Agreement. C) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D) No waiver or a breach of the provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E) Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, the City of South Miami, or Metropolitan Dade County, such provision, paragraph, sentence, work, 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 same shall be deemed severable, and in either event, the remaining terms and provisions, of this Agreement shall remain unmodified and in full force and effect. it SECTION 5 OWNERSHIP OF DOCUMENTS: Copies of all documents developed by the CITY under this Agreement shall be delivered to the COUNTY by the CITY upon expedition of the term hereof and shall be- come the property of the COUNTY, without restriction or limitation on its use. The COUNTY and the CITY agree that all documents maintained and generated pursuant to this relationship between the CITY and COUNTY shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. All original documents .shall be retained by the city as prescribed by applicable Florida State Statutes. It is further understood by and between the parties that any information, writings, contract documents, reports, or any other matter whatsoever which is given by the COUNTY to the CITY pursuant to this Agreement shall at all time remain the property of the COUNTY and shall not be used by the CITY for any other purposes whatsoever without the written consent of the COUNTY. SECTION 6 NON- DELEGABILITY: The obligations undertaken by the CITY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the COUNTY shall first consent in writing to the performance or assignment of such service or any part thereof. SECTION 7 AUDIT RIGHTS AND INSPECTIONS: At any time during normal business hours as often as the COUNTY, U.S.HUD and /or the Comptroller General of the United States may deem necessary, there shall be made available to the COUNTY, U.S. HUD and /or representatives of the U.S. HUD or it Comptroller General to audit, examine and make audits of all contracts, invoices, material, payroll records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The COUNTY reserves the right to audit the records of the CITY as they pertain to this Agreement, at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. The cost of said audit shall be borne by the COUNTY. Said documents and records shall be maintained by the CITY no less than three (3) years after the termination of this Agreement. SECTION 8 AWARD OF AGREEMENT The CITY warrants that it has not employed or retained any person employed by the COUNTY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the COUNTY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. SECTION 9 CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. assigns. SECTION 10 This agreement shall be binding upon the parties herein, their successors and SECTION 11 INDEMNIFICATION: The COUNTY and the CITY shall indemnify and save each other harmless, up to the extent and limits provided by Florida Statutes Section 768.28, from and against any and all claims, liabilities, losses, and causes of action which may arise out of the COUNTY and CITY activities under this Agreement, including all acts or omissions to act on the part of the COUNTY or on the part of the CITY, including any person acting for or in their behalf, and from and against orders, judgments, or decrees which may be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. SECTION 12 CONFLICT OF INTEREST: The CITY covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG funded activities, has any personal financial interest, direct or indirect, in this Agreement. The CITY further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CITY or its employees, must be disclosed in writing to the COUNTY. COUNTY and CITY are aware of the conflict of interest laws of Dade County, Florida (Dade County Code Section 2- 11 -.1) and the State of Florida, and agrees that is shall fully comply in all respects with the terms of said laws. it SECTION 13 INDEPENDENT CONTRACTOR: The CITY's employees and agents shall be deemed to be independent contractors, and not agents or employees of the COUNTY, shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the COUNTY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the COUNTY. SECTION 14 TERMINATION OF CONTRACT: This Agreement may be terminated by either party at any time upon submission of thirty (30) days prior written notice. The City Manager for the CITY, and the County Manager for the COUNTY, shall make the determination whether there is sufficient cause to terminate this Agreement. SECTION 15 NON - DISCRIMINATION The CITY agrees that it shall not discriminate as to race, sex, color, creed, national origin, age, marital status or handicap in connection with its performance under this Agreement. CITY further agrees that no otherwise qualified individual shall solely by reason of his /her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity receiving federal financial assistance. l/ SECTION 16 CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and contained authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. SECTION 17 DEFAULT PROVISION: In the event that the CITY shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then COUNTY, at its sole option, upon written notice to the CITY may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to the CITY by the COUNTY while the CITY was in default of the provisions herein contained, shall be forthwith returned to the COUNTY. SECTION 18 ENTIRE AGREEMENT: This instrument constitutes the sole and only Agreement of the parties hereto relating to and correctly setting forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. ASSURANCE AND CERTIFICATIONS: A) No person in the United States shall, on the grounds of race, color, creed, national origin, age, sex, marital status, or physical handicap, be excluded from participation in, be denied the benefits of or be otherwise subjected to 9 11 discrimination under this Agreement and shall immediately take any measure necessary to correct any such discrimination cannot occur in the future. The parties shall comply with the Housing and Community Development Act of 1974, as amended, Section 109 of Title VI, of the Civil Rights Act of 1984, Title VII of the Civil Rights Act of 1968, Executive order 11046 and Section 3 of the Housing and Urban Development Act of 1968 [Section 579.303(E)(1)]. The parties shall comply with the provisions of the Hatch Act as amended January 1, 1995, which limit the political activity of employees. B) The parties shall establish safeguards to prohibit employees from using their positions fora purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. C) The parties shall comply with the following federal regulations as they may apply to this project. The regulations are incorporated herein and made a part hereof by reference: 1) Flood Disaster Protection Act of 1973 (P.L. 93 -234); HUD Lead- Based Paint Regulations, 24 CFR Part 35; Clean Air Act, as amended, 42 USC 2875 et seq. 2) Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. 3) Regulations of the Environmental Protection Agency, 40 CFR, Part 15, as amended. 4) Federal Labor Standards, 10 CFR, Parts, 3, 5, and 5a of the Department of Labor. 5) Non - Discrimination Under Title VI of the Civil Rights Acts of 1985. to It 6) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. WAIVER In acceptance of this Agreement, the City of the South Miami Police Department hereby waives all fees /surcharges for police vehicle usage. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials duly authorized, this day and year first above written. ATTEST: Ronetta Taylor City Clerk Approved as to form and correctness Earl Gallop City Attorney ATTEST: Harvey Ruvin County Clerk City of South Miami, a Municipal Corporation of the State of Florida Mr. L. Dennis Whitt City Manager By: Rafael P. Hernandez, Jr. Chief of Police Metropolitan Dade County, a Political Subdivision of the State of Florida By: Armando A. Vidal County Manager Approved by County Attorney as to form and legal sufficiency. Robert A. Ginsburg County Attorney 11 i CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: ;n= mission Date: February 26, 1997 (J�if� -/ Agenda Item # /Z- From: L. Dennis Whitt Re: Comm. Mtg. 03/04/97 City Manager Newsracks Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF TWO NEWSRACK DEVICES BY THE CORAL GABLES GAZETTE, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The following resolution is presented pursuant to Ordinance No. 12 -90 -1451, which requires the approval of the Mayor and City Commission for placement of newsracks within the boundaries of the City. Ordinance 12 -90 -1451 establishes standards and an application process. Applicants must meet all of the required standards for color, placement, design, location and licensing for newsracks prior to approval by the City Commission. In October, 1996, Coral Gables Gazette applied for six locations within the City of South Miami. Staff visited the proposed sites to confirm compliance with Ordinance No. 12 -90 -1451. Only two of the six of the proposed locations met the criteria for location in the ordinance. These two locations were approved at that time. Three additional sites now meet criteria set forth in the ordinance. Staff is requesting approval for these three locations. The applicant will return with revised locations for the remaining site. RECOMMENDATION: Approval. Attachments: Proposed Consent Agenda Resolution for Adoption Staff Memorandum Regarding Review of Newsrack Placement Locator Maps of the New, Proposed Newsrack Location Sites City Manager's Report: Newsracks Resolution (Consent Agenda) 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION 7 OF TWO NEWSRACK DEVICES BY THE CORAL GABLES GAZETTE, 8 PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, on August 21, 1990, the City Commission adopted 13 Ordinance No. 12 -90 -1451, which regulates the placement, design, 14 location and licensing of newsracks in City of South Miami; and, 15 16 WHEREAS, on Monday, October 28, 1996, an application was 17 submitted by Coral Gables Gazette for the location of newsracks 18 as described in the attached application; and, 19 20 WHEREAS, two newsrack locations have met the criteria set 21 forth in Ordinance No. 12 -90 -1451 and have been installed; and, 22 23 WHEREAS, three additional locations now meet the criteria 24 set forth in Ordinance No. 12 -90 -1451; and, 25 26 WHEREAS, the City Commission desires to approve installation 27 of three newsracks at the those locations which conform to the 28 requirements of said Ordinance No. 12 -90 -1451, and specifically 29 located next to the existing newsracks at 5898 Sunset Drive (in 30 front Lee's Pharmacy), at 7222 Red Road (previous location of 31 Goody Bakery), and at 5730 Sunset Drive (in front of Moseley's). 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 35 THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 38 Section 1. Three conforming locations for placement of 39 newsrack devices at 5898 Sunset Drive, at 7222 Red Road and at 40 5730 Sunset Drive, as contained in the application submitted by 41 Coral Gables Gazette, are approved, per Ordinance No. 12 -90 -1541. 42 43 44 Section 2. This resolution shall take effect immediately 45 upon approval. Newsracks Resolution: March 4, 1997 1/2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND ADOPTED this 4th day of March, 1997. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY VICE -MAYOR c:\ ... \ newsrack \ newsracks- res.doc Newsracks Resolution: March 4,,1997 2 iZ CITY OF SOUTH MIAMI Ty INTER - OFFICE MEMORANDUM To: Bill Mackey, AICP Date: February 24, 1996 Director of Planning and Zoning From: Brian T. Soltz Re: Newspaper Racks Planner Coral Gables Gazette In January of 1997, I inspected three proposed locations for the Coral Gables Gazette newsracks. The inspection was based on of the City's Code of Ordinances Section 13 -63 prohibitions. Each location was inspected to insure that no newsrack shall be placed, installed, used or maintained: 1) Within 10 feet of any marked or unmarked crosswalk or whenever the triangle of vision is blocked by an existing structure. 2) Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility. 3) Within 5 feet of any driveway. 4) Within 5 feet ahead of, and 15 feet to the rear of any sign marking designated bus stop, measured along the edge of pavement. 5) Within 2 feet of any bus bench, or plaza bench. 6) At any location whereby the clear space for the passage of pedestrians is reduced to less than 32 inches. 7) Where the vertically - protruding member of the newsracks is on or within 12 inches of any area improved with lawn, or hedges, or within 3 feet of flowers or trees. 8) Within 3 feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window display purpose, or within 5 feet of the building entrance. 9) Within 150 feet of another newsrack containing the same newspaper of news periodical except where separated by a street corner. Where warranted by the quantity of newspaper sales, the City manger may allow two newsracks of the same newspaper to be placed side by side. 10) Facing another newsrack, divided only by the width of a sidewalk or pedestrian walk. 11) On or within 2 feet of signs, parking meters, street lights or utility poles. 12) In any residential zoning district. Attached you will find a location by location breakdown of the above listed items. /2 Coral Gables Gazette Proposed Locations of Newsracks, _ S.W. 72 ST. SIatSETORNE S.W. 72 ST. &W. 7] ST. �I 3 N r { i � SW. 71ST I i � y t _ S.W. 72 ST. SIatSETORNE S.W. 72 ST. &W. 7] ST. �I 3 N r I i � 1 i S W. 74 ST. 0.08 o 0.08 Miles #1 Next to Lee's Pharmacy #2 In Front of Goody Bakery #3 In Front of Moseley's Prepared by the City of South Miami Planning and Zoning Department e3 ii . I t � � N 1 I N N S E s /Z Location #1 In front of Lee's Pharmacy (Sunset Drivel 1) Crosswalk +25 feet 2) N/A 3) Driveway 8.5 feet 4) Bus Stop +25 feet 5) Plaza Bench 18 feet 6) N/A 7) Tree 12 feet 8) Window 10 feet (no display) 9) N/A 10) N/A 11) Parking Meter and Light Pole 10 feet, Utility Pole less than 2 feet x 12) N/A x = conflicts with Section 13 -63. Solution to Conflicts: 11) News rack will be located adjacent to building wall. NOTE: The sidewalk on Dorn Avenue is constructed of Chicago Brick, therefore posing possible anchoring problems for the news racks. /I. Location #1 (Next to Lee's Phar S.W. 73 ST. macy) sidewalk S.W. 72 ST. existing news rack - - � attached to utility po1e� ^ proposed news rack r-� i i i Ui U '! W i i i `• I j t i 0.03 0 0.03 Miles f s Legend Tree Utility Pole Bus Bench Parking Meter Lamp Post N Prepared by the City of South Miami Planning and Zoning Department S E /Z Location #2 In front of Goody Bakery (Red Road 1) N/A 2) N/A 3) (Close to street) 4) N/A 5) N/A 6) Clear space for pedestrians to walk between cars.* 7) Tree Planter 19' 8) Store front window 10' 9) N/A 10) N/A 11) Utility pole 10' & Parking meter less than 1'* 12) N/A * = conflicts with Section 13 -63 Solution to Conflicts: 6) If the news rack is placed at the location shown on the location map, then the clear space requirement will be in compliance. 11) If the news rack is placed at the location shown on the location map, then the parking meter space requirement will be in compliance. /2 Location #2 (In Front of Goody Bakery) S.W. 72 ST. I S.W. 73 ST. i sidewalk i I I existing MIAMI HERALD news rack ! t proposed news rack T/ Yw Q tO t j 3 I I rn i 1 i i I j I 0.03 0 0.03 Miles Legend Tree Utility Pole [=j Bus Bench S Parking Meter Lamp Post kill N S E Prepared by the City of South Miami Planning and Zoning Department / f ui . L 4 S.W. 73 ST. i sidewalk i I I existing MIAMI HERALD news rack ! t proposed news rack T/ Yw Q tO t j 3 I I rn i 1 i i I j I 0.03 0 0.03 Miles Legend Tree Utility Pole [=j Bus Bench S Parking Meter Lamp Post kill N S E Prepared by the City of South Miami Planning and Zoning Department / f Location #3 In front of Mosley's (Sunset Drive 1) N/A 2) N/A 3) Sidewalk is a total of 10 feet wide. (Close to street) 4) N/A 5) N/A 6) N/A 7) Tree 19' 8) Display window 10' 9) N/A 10) N/A 11) Parking meter 1' x 12) N/A X = conflicts with Section 13 -63. Solution to Conflicts: 11) If the news rack is placed at the location shown on the location map, then the parking meter space requirement will be in compliance. �z Location #3 (In Front of Moseley's) S.W . 72 ST. ul 00 i LY S.W . 73 ST. i existing news rack proposed news rack _sue s �T 1 i ! v • i i I i i i 0 0.03 0.06 Miles ON sidewalk Lli Q ti CO S 10 Prepared by the City of South Miami Planning and Zoning Department X l Legend L Tree Utility Pole Bus Bench s Parking Meter Lamp Post ON sidewalk Lli Q ti CO S 10 Prepared by the City of South Miami Planning and Zoning Department X l r -- To: City Commission From: L. Dennis Whitt City Manager ��17U L�J CITY OF SOUTH MIAMI Date: February 25, 1997 Re: Agenda Item # / City Commission Meeting (date) Extension of City's LAN to Public Works Department, phase 1 The equipment recommended below represents a part of the connection of Public Works Department to the City's network in the City Hall. The proposed connection will be achieved in two phases: (1) establishment of the Public Works Department's network workgroup, and (2) establishment of remote access connection to the City's network in the City Hall. The below selected computers and printer represent the equipment needed to realize the first phase. The second phase will be implemented after the remote access connection equipment has been tested and demonstrated by vendor(s), which will allow the City to select the most effective connection solution. The selected computers and printer will be connected to perform as a workgroup, which will satisfy the Public Works Department's computing and printing requirements. Once the remote access connection solution is installed, the Public Works department will be connected to the City's network and will function as a part of the network. The following components have been selected for the Public Works Department's network workgroup (phase 1): 4 Dell Optiplex P166 .................................................. ..............................$ 9,132.00 One w /CD -ROM and MS Office software ($2,043.00) + one w /17" screen ($2,010.00) + two w/o monitor (2 x $ 2,800.00) 1 HP 6P Printer, from DellWare .................................... ..............................$ 769.00 Total: ......................................................................................................... $ 9,901.00 The above are the lowest quotes when compared to the quotes submitted by other vendors: Compaq quoted $12,784.00 and IBM quoted $13,207.78 for 4 computers; the HP 6P was quoted $769.95 by Misco, $779.00 by PCs Compleat and $781.00 by Synaptix. Note that Dell. computers have been already proven to offer best performance at lowest cost, which resulted that all our PC workstations are Dell Optiplex models. The selected laser printer, HP 6P, has been recommended by computer magazines as the best small workgroup printer (PC Computing, February and March, 1997). 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 DISBURSE THE SUM OF $9,901.00 FOR THE PURCHASE OF FOUR 5 PERSONAL COMPUTERS AND ONE PRINTER FOR THE PUBLIC WORKS 6 DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT 7 NUMBER 001 - 1770 - 519.6430, "EQUIPMENT - OPERATING ". 8 WHEREAS, the Department's personal computers and printer are currently shared on a 9 weekly basis, and; 10 WHEREAS, the Motor Pool's automated repair order system requires a personal computer 11 and printer, and; 12 WHEREAS, the above equipment will significantly enhance the effectiveness of the Public 13 Works department, including the Director's Office as well as the Motor Pool shop, and; 14 WHEREAS, the chosen computer vendor was selected through the competitive bid process 15 and the expenditure is included in the current year's budget; 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 17 OF THE CITY OF SOUTH MIAMI, FLORIDA: 18 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $9,132.00 19 to Dell Marketing L.P. for the purchase of 4 Dell Optiplex P166 personal computers, and $769.00 20 to Dell Direct Sales L.P. for the purchase of one HP 6P laser printer. 21 Section 2. The disbursement shall be charged to Account Number 001 - 1770 - 519.6430, 22 entitled "Equipment - Operating ". 23 Section 3. This resolution shall take effect immediately upon approval. 24 PASSED AND ADOPTED this day of 1997 25 26 27 28 ATTEST: 29 30 31 32 33 CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: VICE MAYOR i3 To: City Commission From: L. Dennis Whitt City Manager v CITY OF SOUTH MIAMI Date: February 27, 1997 Re: Agenda Item # / City Commission Meeting (date) Computer Workstation for Code Enforcement Division The Code Enforcement Division needs a computer for the position approved in the fiscal year 1995/96. The following computer has been selected: DellOptiplex P166 ..................................................... ..............................$ 1,878.00 The above is the lowest quote when compared to the quotes submitted by other vendors: Compaq quoted $3,196.00 and IBM quoted $3,499.94 for similarly configured computers. Note that Dell computers have been already proven to offer best performance at lowest cost, which resulted that all our PC workstations are Dell Optiplex models. Code Enforcement has been already provided with the network connection for that computer during the cabling installation in Winter 1995. Once connected to the network, the computer user will be able to use all the software, printers, e-mail and other features as any other networked computer workstations. I 2 3 4 5 6 7 8 9 and; 10 11 12 13 14 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,878.00 FOR THE PURCHASE OF ONE PERSONAL COMPUTER FOR THE BUILDING DEPARTMENT, CODE ENFORCEMENT DIVISION, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 1610 - 524.6430, "EQUIPMENT - OPERATING ". WHEREAS, the Department established a new position in the Code Enforcement Division, WHEREAS, the new position requires a personal computer for work processing; WHEREAS, the chosen computer vendor was selected through the competitive bid process and the expenditure is included in the current year's budget; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $1,878.00 16 to Dell Marketing L.P. for the purchase of one Dell Optiplex P166 GsL personal computer for the 17 Building department, Code Enforcement Division. 18 19 20 21 22 23 24 25 26 27 Section 2. The disbursement shall be charged to Account Number 001 - 1610 - 524.6430, entitled "Equipment - Operating ". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK 28 READ AND APPROVED AS TO FORM 29 30 CITY ATTORNEY day of APPROVED: VICE MAYOR 1997 Iq v CITY OF SOUTH MIAMI To: Sonia Lama, AIA Date: February 27, 1997 Building Director From: Slaven Kobola, AICP Re: Recommendation for purchase of Planner computer for BD In regard to our discussion yesterday, below is the recommendation and the quote (below) for the additional computer to be connected to the network. I believe that the CE department already has available network connection for that computer, because it was provided during the cabling installation. Once connected to the network, the user will be able to use all the software, printers, e -mail and other features as any other networked computer workstation. SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0285 1 Dell P166 /GsL Base, With 1MB 1,878.00 1,878.00 Video Memory, 256K Cache 310 -0021 1 Microsoft System Mouse, with Diskettes 310 -1234 1 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed 311 -0003 1 32MB RAM, 2 SIMMS, EDO 320 -3587 1 1MB Video Memory Upgrade, Factory Installed 320 -5401 1 Ultrascan 800HS (13.7 "VIS) Trinitron Model #D825HT With 13.7" Viewable Image Size for Dell Optiplex, Factory Install 340 -5882 1 1GB EIDE Hard Drive Factory Installed 340 -5885 1 1.44MB Floppy Drive 365 -1234 1 ReadyWare Installation Fee per System 420 -6094 1 Windows 195 OSR2 with no backup media, Factory Install, English 430 -0003 1 3COM 3C595 -TX, PCI, Ethernet Adapter, Twisted Pair Only, Factory Install For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide RUSH you with faster service when you are ready to place your order. Quote #: 10975836 Prices and tax rates are subject to change. Customer # : 1826223 Business Leasing Program is provided by Leasing Group Inc.;Leasing Fee -$35 i To: Mayor and City Commission From: Dennis hilt City Manager REQUEST: CITY OF SOUTH MIAMI INTER OFFICE MEMORANDUM Date: February 27, 1997 Agenda Item # /SO, Re: Comm. Mtg. 03/04/97 Gasoline Service Station Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMNIISSION OF THE CITY OF SOUTIi MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASOLINE SERVICE STATIONS UNDER SECTION 20- 3.4(B)(5); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The City Commission instructed the ERPB to prepare a draft ordinance for the review of the City Commission at first reading on January 21, 1997. The proposed ordinance is attached with the ERPB recommended language package included as "Exhibit A ". This language is intended to replace sub - Section 20 -3.4 (B)(5) in its entirety. This sub - section is located on page 41 of the City's adopted Land Development Code. A copy of page 41 is attached for your reference. The Planning Board voted 6:0 to recommend approval of the ordinance, as presented. RECOMMENDATION: Approval. Attachments: Proposed Ordinance for Adoption Exhibit A (ERPB Language Package) Page 41 of the Land Development Code ERPB Workshop Minutes (various dates) Planning Board Minutes February 11, 1997 City Manager's Report: Gasoline Service Station Ordinance (Second Reading) 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 7 TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO 8 ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR 9 GASOLINE SERVICE - STATIONS UNDER SECTION 20- 3.4(B)(5); 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 11 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on October 25, 1989, the City Commission voted to 15 adopt Ordinance No. 19 -89 -1441, the City's Land Development Code, 16 including provisions under Section 20- 3.4(B)(5) which require 17 special conditions for gasoline service stations in districts 18 where such stations are permitted as a special use; and, 19 20 WHEREAS, on April 16, 1991, the City Commission voted to 21 adopt Ordinance No. 11 -91 -1476 to create sub - section (m); and, 22 23 WHEREAS, the City Commission may, from time to time, amend 24 the provisions of the City's adopted Land Development Code; and, 25 26 WHEREAS, on October 15, 1996, the City Commission voted to 27 adopt Resolution No. 177 -96 -9931, as amended on December 2, 1996, 28 which instructed the Environmental Review & Preservation Board to 29 prepare a draft ordinance for first reading to appear before the 30 City Commission on January 21, 1997; and, 31 32 WHEREAS, the Environmental Review & Preservation Board 33 [ERPB] met in five workshop meetings and staff prepared a draft 34 ordinance pursuant to the discussions of the ERPB members; and, 35 36 WHEREAS, the proposed revisions, as formulated by the ERPB, 37 are attached hereto and entitled as "Exhibit A;" and, 38 39 WHEREAS, the Mayor and the City Commission find that it is 40 in the public interest to adopt revisions to the City's adopted 41 Land Development Code as recommended by the City's ERPB. 42 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 45 THE CITY OF SOUTH MIAMI, FLORIDA: Gasoline Service Station Ordinance: 2nd Reading March 4, 1997 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 1. Section 20 -3.4 (B)(5) is hereby amended by replacing the sub - section in its entirety with the language prepared by the Environmental Review & Preservation Board [ERPB] and attached hereto as "Exhibit A". 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 the 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 4th day of March, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR c:\ -. \ LDC \ Gas - Staxn- ord.doc Gasoline Service Station Ordinance: 2nd Reading March 4, 1997 160*00,_ EXHIBIT A (5) Gasoline Service Station (a) Objectives of this sub - Section The following standards are established for service stations to ensure that such uses shall be compatible with other uses permitted in the same district and to protect the public health, safety and welfare of the community. ii. These standards are to promote design which is architecturally compatible with the surrounding area and the design goals of the community. (b) Applicability This section shall apply to all new service stations, additions or renovations in excess of $10,000 as determined by the City including tank removal or upgrades. ii. Exceptions to this section can be approved by the City Commission. (c) Appearance i. All structures on the site shall create a unified architectural theme. ii. Service station roofs shall be pitched with generous overhangs. The roofing shall be incombustible materials such as shingle, clay tile, cement tile, or metal. iii. The canopy shall be restricted to a clearance of 13 feet in height and shall be consistent with the main building design. The canopy columns shall be architecturally finished to match the building. iv. The use of flat steel or metal panels for the exterior walls of the service station shall not be permitted. v. The rear and sides of buildings shall be finished with material that in texture and color resembles the front of the building. vi. Glass windows and doors must make up 35% of the primary elevation and 15% of the secondary elevation. This calculation is excluding areas designated as service bays. Exhibit A (F_RPB Language Package) /r vii. The adopted color palette and painting standards shall be applied; however, the use of "earth tone" or light pastel colors shall be encouraged. The use of gray tone colors shall not be permitted. viii. Perimeter walls of the site shall be architecturally compatible with the principal structure. (d) Landscaping The service station must comply with section 20 -4.5 landscaping requirements as well as the items specified below: L The service station site landscaping must be compatible with the existing landscaping of the surrounding community. ii. Street tree requirements shall be altered to require palm clusters on the ends of the landscape buffer parallel to the service pump canopy. The palm clusters shall consist of three palms with a minimum height of 13 feet. iii. The use of planters and window boxes shall be incorporated into the overall landscape design of the building and the site. iv. The service pump island shall contain planters on the ends equal to the width of the island. v. Where hedges are required, a tiered effect is required. vi. Landscaped areas shall be surrounded with a six -inch raised concrete curb. Grade within areas to be landscaped shall be raised to curb - height. (e) Signage and Lighting Landscape signs pursuant to section 20 -4.3 (I)(5) shall be used in place of pole or pylon signs. ii. Canopies shall not contain any signage, striping or super graphics. iii. Temporary window signage shall not be permitted. iv. Lighting fixtures shall be baffled and arranged so that illumination is deflected away from adjacent properties and roadways. Exhibit A (ERPB Language Package) 2 tIr (f) Ancillary Uses The sale of snack foods, soft drinks, candies, gum, cigarettes and related items, but not alcoholic beverages, is permitted within approved principle building structures. ii. The sale of automotive service items such as motor oil, anti - freeze or allied products is permitted within approved principle building structures. iii. There shall be no storage or display of any merchandise including tires outside of the principle building structure. iv. On -site preparation of ready -to- consume food is only permitted via special use approval. v. Automatic Teller Machines shall be permitted only within or as a part of the principal building. (g) Operation and Maintenance i. No sales, rentals, leasing of storage space, major engine, painting, body work, tire recapping or dismantling of any kind shall be permitted on the service station site. No vehicle may be parked on the site for more than 48 hours. ii. No storage of used auto parts or wrecked vehicles, including water craft and trailers, shall be located outside the principle structure. iii. At all times the premises shall be maintained in a clean and orderly condition and landscaping must be maintained in a healthy and viable condition. Exhibit A (ERPB Language Package) 3 ZONING REGULATIONS 20 -3.4 NR 5% I 10% GR 25% SR 25% (5) GASOLINE SERVICE STATION (a) The design of all such establishments shall be compatible with the overall envi- ronmental and architectural design goals of the city. (b) All merchandise shall be stored and displayed within the principal structure, except tires, accessories and lubrication items which may be maintained in mov- able or enclosable cabinets. (c) No used auto parts or junked or wrecked vehicles shall be Iocated outside the principal structure except within enclosed storage areas. (d) Major engine repair, painting, body work and tire recapping shall not be permit- ted. (e) The rental or sale of heavy equipment and merchandise not related to the mo- toring public shall not be permitted. (f) Storage of up to five (5)_ single axle luggage trailers of the "U -Haul' type shall be permitted, provided that said trailers shall be backed up against a six (6) foot high wall, and located not less than twenty (20) feet from any public street right -of -way. (g) Trash areas shall be shielded from public view and trash containers shall be fully enclosed and covered. (h) Lights provided to illuminate or advertise the subject property shall be enclosed and covered. (i) Structures shall not occupy more than thirty (30) percent of the total lot area. Q) Driveways shall be located at least five (5) feet beyond the end of any curb returns (end of curb radius plus five feet). (k) Landscaped areas shall be irrigated and fully sodded and planted prior to final building inspection. A landscaping plan shall be submitted to the environmental board. (1) When adjacent to a residential district, there shall be erected a solid masonry or concrete wall of six (6) feet in height along the.dividing property line. (m) The retail. sale of snack foods, soft drinks, candies, gum, cigarettes, and related items, but not alcoholic beverages, in gasoline stations. (6) USED MERCHANDISE STORE (a) No such establishment shall be Iocated less than one hundred (100) feet from any adjacent residential district. (b) No outside display of goods or merchandise shall be permitted. (c) No such establishment shall be located less than five hundred (500) feet from another such establishment. Supp. No. 1 41 / ,ir SUMMARY MINUTES ENVIRONMENTAL REVIEW & PRESERVATION BOARD T7 WORKSHOP MEETING NOVEMBER 5, 1996 GASOLINE SERVICE STATION ARCHITECTURAL STANDARDS I. CALL TO ORDER Mr. Joseph Shaw, Vice - Chairperson, called the workshop meeting to order at 10:45 a.m. II. ROLL CALL Present: J. Shaw, Vice - Chairperson M. Matiauda M. Diaz H. Feliu J. Whitehead Absent: C. Cooke - Yarborough, Chairperson Also present: Brian Soltz, Planner; David Struder, Board Secretary. III. STAFF PRESENTATION Mr. Brian Soltz made staff's presentation by speaking in reference to the City's instructions for ERPB to draft architectural standards relating to gasoline service stations, as contained in Resolution number 177 -96 -9931, dated October 15, 1996. Staff explained that these architectural details may contain a range of items, such as landscaping and buffering requirements, applicable to both new and remodeled gasoline service stations. Staff noted that the architectural standards proposed by the Board must be ready to be presented, in the form of a draft ordinance, for the City Commission's review on December 17, 1996, and therefore three workshops are tentatively scheduled on the following dates: today, November 5, 1996; Tuesday, November 19, 1996; and Tuesday, December 3, 1996. The Board concurred that it would be preferable to hold the workshops immediately subsequent to the regular meetings scheduled for these dates. VI. BOARD DISCUSSION • Existing gasoline service station regulations Following the opening presentation, staff began the Board's discussion by reviewing the City's current regulations pertaining to gasoline service stations, as contained in the Land Development Code, Section 20. Staff explained that the stations must seek special use approval, as granted by the City Commission, in order to operate in South Miami. Staff noted the City's zoning districts ERPB Workshop Min 11/05/96 1 IT in which the stations may be permitted, including the NR, GR, and I districts, as indicated in the Permitted Use Schedule of the Code. The Board concurred that the language contained in the Special Use Conditions of the code, specifically 20- 3.4(5)(a) relating to gasoline service stations, is broad and vague in its current form. Mr. Diaz spoke in reference to the language contained in the Code, and asked that the City define more narrowly what its "..architectural design goals..." are to be for the future. Mr. Diaz commented that the City may wish to look to Dorn Avenue, with its brick sidewalks, benches, and light fixtures, as the epitome of the look it desires to obtain and to incorporate into service station sites. Ms. Matiauda spoke in regard to specific items that the Board had considered at previous meetings and may wish to further consider at the workshops, including pastel color schemes; a lower height to and a style of roofs and canopies; and minimum landscaping that would provide a denser buffer between uses. Mr. Diaz commented on the use of the word "style ", and he opined that the key to the overall theme of the workshops should be on developing a specific style. Mr. Diaz remarked that the creation of a certain style, and the concomitant adherence to a definitive style, would give "teeth" to the draft ordinance and to what the City desires to obtain in its architecture. Ms. Matiauda followed by mentioning particulars of style the Board may wish to examine for service stations specifically, such barrel tile roofs, terra cotta construction, and white or light colors. Mr. Whitehead remarked on South Miami's identity theme that the Board has wrestled with at several meetings. Mr. Whitehead commented that the City needs to create and promote an identity for itself and that the Board ought to utilize these workshops to address the identity issue that has materialized at previous meetings. Mr. Feliu stated that, in addition to establishing an architectural look for the City, these workshops present an opportunity to incorporate a theme into the defined look as well. Mr. Feliu elaborated that the Biltmore Hotel in Coral Gables serves as a "beacon and sets the tone" for that city's architecture. Mr. Feliu opined that the City now has the opportunity to permit the Sunset Place development to do the same for South Miami, elements and features of which would subsequently be incorporated into new projects and renovated sites. The Board agreed that Mr. Feliu's suggestion was meritorious for the possibilities that it presented to the City. Mr. Diaz noted a "trickle down effect" from the Biltmore Hotel that takes place and thereby permeates the architecture in Coral Gables. Mr. Diaz stated that, in a city struggling for identity, Sunset Place would serve as a "center point" architecturally for South Miami. Staff added that several Sunset Place elements that may be considered and used would include its towers and roof features. Mr. Diaz followed that the Sunset Place color scheme would be an additional element to include in future projects. He asked that Board members individually study the Sunset Place model, when on display at City Hall, for the various elements they may wish to ERPB Workshop Min 11/05/96 2 /Jr present for review at the next workshop. Discussion returned to landscaping deliberations. Mr. Whitehead suggested that the City may wish to include landscaping in its search for an identity, particularly in consideration of using alternatives to planting palms, as they are in abundance throughout the South Florida region. Mr. Diaz offered that landscaping itself may be used by the City as an architectural feature. • Existing regulations in other municipalities Staff stated that they would attempt to obtain information on existing regulations involving gasoline service stations in other Florida municipalities, including Coral Gables, Boca Raton, Davie, and the Sanibel /Captiva Island area. Mr. Diaz suggested that existing regulations for municipalities in other areas of the country be obtained as well, such as Carmel, California. Staff agreed to have regulations from as many of these municipalities as possible for the Board's review at the next workshop. V. ADJOURNMENT There being no further business, the workshop meeting was adjourned at 11:15 a.m. Chairperson Secretary ERPB Workshop Min 11/05/96 3 t1r SUMMARY MINUTES ENVIRONMENTAL. REVIEW & PRESERVATION BOARD WORKSHOP MEETING NOVEMBER 19, 1996 GASOLINE SERVICE STATION ARCHITECTURAL STANDARDS I. CALL TO ORDER Mr. Cooke - Yarborough, Chairperson, called the workshop meeting to order at 10:38 a.m. II. ROLL CALL Present: Absent: C. Cooke - Yarborough (Chairperson) J. Whitehead J. Shaw (Vice - Chairperson) M. Matiauda M. Diaz H. Feliu Also present: Brian Soltz, Planner; David Struder, Board Secretary. III. STAFF PRESENTATION Mr. Brian Soltz opened staff's presentation by speaking in reference to information that the Planning Division had received pertaining to service station development, including zoning regulations, reports, etc. Staff explained that this information may be reviewed for applicability to the new ordinance that the Board is drafting at this workshop. Staff noted that the City's current code involving gasoline service stations had been included in the packet of information. Staff proceeded with a slide presentation containing site information on gasoline service stations in South Miami and in the surrounding vicinity. Stations that were included for presentation and review included Citgo, Chevron, Amoco, and Fina located in South Miami; and Chevron and Shell situated outside the City. Features of these stations that were noted and discussed included lighting for the properties; illuminated signage on the properties; service bays remaining on site; a convenience /deli store on the premises; height, width, and style of canopies erected at the sites; and landscaping types and construction materials used, such barrel tile and terra cotta, for the properties. VI. BOARD DISCUSSION Following the slide presentation, discussion ensued on the use of specific language in the new ordinance to note elements that may be included for gasoline service stations, the applicability of new regulations, and the review of existing regulations. ERPB Workshop Min 11 -19 -96 1 /6roo ARCHITECTURAL ELEMENTS Elements and features that were noted for consideration, and perhaps inclusion in the draft document, included dense landscaping; lowered and pitched canopies; barrel tiled roofs; and architecturally compatible windows and signage. In regard to a suggestion offered at the first workshop involving Sunset Place's role as an architectural beacon for the City, the Board and staff added that elements contained in the new development may be considered for inclusion in the draft ordinance. LANDSCAPING The Board concurred that landscaping, to perhaps include potted plants and window boxes, is extremely important for aesthetic enhancement of gasoline service station sites. The Board agreed that landscaping is of such importance and is so paramount that it can serve as an architectural feature for those properties containing gasoline service stations. CANOPIES The Board agreed that a major concern involving gasoline service stations is the height and style of the canopies erected on the site. The Board concurred that all must be done to ameliorate the overall impact that the canopies have on their respective property. ACCESSORY ITEMS The Board and staff spoke in reference to items that may be used and stored on those properties with gasoline service stations. During this discussion, suggestions were made that such items, including merchandise displays, tires, automobiles, and boats and other "watercraft ", should be limited in scope and retained in designated areas so as to limit their visual impact. APPLICABILITY ' The Board and staff discussed applicability of the new regulations. As a result of the discussion, several suggestions were proffered as to when the new regulations would take effect, including when extensive site work is required, such as the replacement of the tanks; or when extensive remodeling is planned, such as a complete overhaul of the building. The Board suggested that a link be established between the two major types of activity. Staff noted that language be incorporated into the draft ordinance addressing this issue. (Mr. Shaw departed the meeting at this time, 11:40 a.m.) EXISTING REGULATIONS The Board and staff reviewed the City's existing regulations pertaining to gasoline service stations, as contained in the Land Development Code, Section 20 -3.4, Special Use Conditions. During the course of the discussion, the Board and staff recommended several changes and deletions to the code, all of which will be presented for further review at the next workshop ERPB Workshop Min 11 -19 -96 2 t***f meeting. V. APPROVAL OF MINUTES. Minutes of November 5, 1996 workshop minutes: Motion: Ms. Matiauda moved approval of the minutes for the November 5, 1996 workshop, as read. Mr. Feliu seconded the motion. Vote: Approved:4 Opposed:0 VI. ADJOURNMENT There being no further business, the workshop meeting was adjourned at 12:20 p.m. Chairperson Secretary ERPB Workshop Min 11 -19 -96 3 13 . SUMMARY MINUTES ENVIRONMENTAL REVIEW & PRESERVATION BOARD my WORKSHOP MEETING DECEMBER 17, 1996 GASOLINE SERVICE STATION ARCHITECTURAL STANDARDS I. CALL TO ORDER Mr. Cooke - Yarborough, Chairperson, called the fourth workshop meeting to order at 9:38 a.m. II. ROLL CALL Present: Absent: C. Cooke - Yarborough (Chairperson) M. Diaz J. Shaw (Vice - Chairperson) M. Matiauda H. Feliu J. Whitehead Also present: Brian Soltz, Planner, David Struder, Board Secretary. III. STAFF PRESENTATION Mr. Brian Soltz opened staff's presentation by reviewing deliberations that had transpired at the third workshop meeting held on December 11, 1996, such as requests for research on various items and concerns, including tire displays, concrete over tanks, and window percentages. Board members acknowledged that not all items had been researched in preparation for today's workshop meeting. VI. BOARD DISCUSSION Evening Workshop The Board and staff discussed the format of the draft ordinance to be presented to the City Commission. The Board and staff also discussed the feasibility of holding another workshop in the evening, similar to that held on December 11`s, and both concurred that, with the Holidays rapidly approaching, such a workshop may not be possible. Research Items During further discussion of what research items are needed for the draft ordinance, the Board concurred that these may be provided by means other than in a workshop, perhaps via facsimile, and considered for incorporation into the document. Board members agreed to perform their ERPB Workshop Min 12/17/96 I /s' individual research projects in preparation for the next workshop meeting. Staff asked that addresses be supplied as part of the research items in order to develop pictures of properties for the next workshop meeting. Public Input Mr. Shaw suggested that the City obtain the input of property owners, specifically those whose land contains gasoline service stations, which may then be considered for incorporation into the draft ordinance. Staff responded that the this input will be solicited during the public hearing process that will occur at a later date. Staff suggested that a member of the Board act as a representative for the ERPB during the public hearing process. V. APPROVAL OF MINUTES. Minutes for December 11, 1996: Tapes of the December 11' workshop meeting, held in the evening, are available in the records of the Planning & Zoning Division. V1. ADJOURNMENT. There being no further business, the workshop meeting was adjourned at 9:58 a.m. Chairperson Secretary ERPB Workshop Min 12/17/96 2 ♦6 SUMMARY MINUTES ENVIRONMENTAL REVIEW & PRESERVATION BOARD WORKSHOP MEETING JANUARY 7, 1997 GASOLINE SERVICE STATION ARCHITECTURAL STANDARDS I. CALL TO ORDER Mr. Cooke - Yarborough, Chairperson, called the workshop meeting to order at 10 :40 a.m. II. ROLL CALL Present: Absent: C. Cooke - Yarborough J. Whitehead J. Shaw (departed 12:08 p.m.) M. Matiauda H. Feliu M. Diaz Also present: Bill Mackey, Planning & Zoning Director (departed 11:50 a.m.); Brian Soltz, Planner; David Struder, Board Secretary. III. STAFF PRESENTATION • Future applicability and further consideration of the new ordinance Mr. Brian Soltz began staff's presentation by explaining that the new ordinance will replace the existing language of Section 20- 3.4(B)(5), as contained under special use conditions of the City's Land Development Code. In regard to the draft document before the Board today, staff noted the applicability requirements listed under (5)(b). Staff continued by explaining that the document will be arranged in the form of a draft ordinance for further consideration by both the Planning Board and the City Commission. Staff advised the Board that an ERPB member should be present at these future considerations, in order to respond to any questions and concerns raised at the meetings. Staff noted that this matter will most likely be heard by the Planning Board in February 1997. VI. BOARD DISCUSSION The Board opened its discussion by considering the language contained in the draft document presented by staff. Staff noted the changes to the language recommended by the Board. ERPB Workshop Min 01/07/97 /3.00, V. APPROVAL OF MINUTES. Minutes for December 17, 1996 workshop meeting: Board voted to approve the minutes of this workshop meeting, as read. VI. ADJOURNMENT. There being no further business, the workshop meeting was adjourned at approximately 12:30 p.m. Chairperson Board Secretary ERPB Workshop Min 01/07/97 2 1s B. ITEM: PB -97 -005 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASOLINE SERVICE STATIONS UNDER SECTION 20- 3.4(B)(5); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 1. Mr. Illas read the request into the record. 2. Staff presented the application to the Board. a. Staff summarized the proceedings of the ERPB that transpired during its five workshops held on the drafting of the gasoline standards ordinance. 3. Public hearing was opened. Two members of the ERPB, Mr. Mark Diaz and Mr. John Whitehead, approached the podium. a. Mr. Mark Diaz signed in to address the Board. Mr. Diaz summarized ERPB's findings that had materialized as a result of its five workshops. b. The Board discussed ERPB's findings with Mr. Diaz. 4. The public hearing was closed. 5. Motion: Ms. Zeller moved approval of the application, as presented. Mr. Illas seconded the motion. 6. Vote: Approved: 6 Opposed: 0 7. Following consideration of the matter, Ms. Thorner departed the meeting. Excerpted PB Min 2 -11 -97 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review frkra Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS CITY COMMISSION MEETING MARCH 4, 1997 — ORDINANCE RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND, ETC. In the ... . ....... KXX =X ..................... Court, was published In said newspaper In the Issues of Feb 21, 1997 Afflant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore bean continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any unt, rebate, commission or refund for the purpose of s cu ng this advertisement for publication In the said no p er. Swom to and subscrlbed store ms thla 21 �� February 97 ...... day ... „rte D. 19...... L P� Cr l �L' TrOT t;r sent_ (SEAL) �" t '�` O� JaNETT LLERLI`A i� �.' GQh1JJ:SJGN rJV:driFn Sookle Williams personall �naiwitita me.. CC566004 my EXPIRES OF F'..O JUNE 23,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday. March 4, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITYS ADOPTED LAND. DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASO- LINE SERVICE STATIONS UNDER SECTION 20- 3.4(8)(5); . PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI- NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) - 0000 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED ME- THODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20- 3.6(S); REQUIRING RE- TAINING WALLS FOR NEW RESIDENTIAL AND COMMER- CIAL CONSTRUCTION ON ELEVATED SITES BY CREAT- ING, A NEW SECTION 20 -3.6M; PROVIDING FOR SEVER - ABIUTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTION; AMENDING SECTION 9.3 OF THE CODE -OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE SPECIFIC- ALLY PROVIDED FOR, BE AT' THE SYLVIA G. MARTIN COMMUNITY BUILDING, 6130 SUNSET DRIVE, • SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st READING - FEBRUARY 11. 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY' OF SOUTH MIAMI, FLORIDA RELATING TO ELECTIONS; AMENDING SECTION 9 -5(B) OF THE CODE OF ORDINANCES TO PROVIDE FOR SCHEDULING GEN- ERAL AND SPECIAL ELECTIONS BY RESOLUTION; RATI- FYING THE SCHEDULING OF THE SPECIAL ELECTION FOR APRIL 8, 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning Department.at: 663 -6347 and City Clerk's Office at: 663 -6340 respec- tively. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CIVIC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 2/21 973-022117M /-r To: Mayor City Commission From: L. Dennis Whitt City Manager REQUEST: CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Date: February 27, 1997 /��_ Agenda Item # 1w Re: Comm. Mtg. 03/04/97 Revised Construction Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.6 OF TBE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED METI -IODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20 -3.6 (S); REQUIRING RETAINING WALLS FOR NEW RESIDENTIAL AND COMMERCIAL CONSTRUCTION ON ELEVATED SITES BY CREATING A NEW SECTION 20 -3.6 (T); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On January 7, 1997, pursuant to legal advice given by the City Attorney, the City Commission instructed the Administration to prepare a revised ordinance regarding the construction of new buildings within the City of South Miami. This ordinance is designed to observe the "letter" of the ruling by the Board of Rules and Appeals, while preserving the City's desire to restrict the kinds of finish materials within the City limits, especially those areas where wood finishes are incongruent and inharmonious with the existing, built environment. The proposed ordinance would only affect new buildings. Additions would not be required to comply with the proposed provisions. Effectively this regulation would require a veneer of concrete block and stucco, concrete, stone, brick or other like material over frame construction. A four -inch thick concrete block is manufactured and available for veneer purposes. For your information, due to the placement of these provisions under Section 20 -3.6, these regulations do not apply to new construction within the Hometown District. In this.district, wood finish materials are encouraged by the City; however, such materials are not encouraged in the single- family residential and other areas of the City by adoption of the proposed ordinance. The Planning Board voted 5:0 to recommend denial of the application. City Manager's Report: Revised Construction Ordinance (2 "d Reading) If the City Commission desires to permit all methods of finishing, including wooden finishes, and the City Commission does not desire required walls for retention, then the City Commission must repeal the existing Ordinance No. 13 -96 -1613, which was adopted on July 30, 1996. Such action may be made by substitution of the attached, draft ordinance entitled "Substitute Ordinance." RECOMMENDATION: Adoption of Substitute Ordinance. Attachments: Proposed, Draft Ordinance for Adoption Substitute Ordinance to repeal 13 -96 -1613 Planning Board Minutes February 11, 1997 Letter from American Forest & Paper Association /6 City Manager's Report: Revised Construction Ordinance (2 "d Reading) 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED METHODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20 -3.6 (S); REQUIRING RETAINING WALLS FOR NEW RESIDENTIAL AND COMMERCIAL CONSTRUCTION ON ELEVATED SITES BY CREATING A NEW SECTION 20 -3.6 (T) ; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 25, 1989, the City Commission voted to adopt Ordinance No. 19 -89 -1441, the City's Land Development Code, including Section 20 -3.6 "Supplemental Regulations "; and, WHEREAS, from time to time, the City Commission has amended these regulations regarding specific issues; and, WHEREAS, certain methods of construction are regarded by the City Commission as undesirable, due to the lack of aesthetic appeal of finish materials associated with these methods; and, WHEREAS, the City Commission desires to specify permitted methods of finishing for new construction to protect community aesthetics; and, WHEREAS, elevated sites in Special Flood Hazard Areas and other areas are required under South Florida Building Code [SFBC] to provide on -site drainage facilities; and, WHEREAS, the use of soakage pits, extensive gratings, and trenches have limited effectiveness over time and are regarded by the City Commission as undesirable aesthetically; and, WHEREAS, retaining walls can provide for assured on -site drainage and are more aesthetically pleasing than the above; and, WHEREAS, the Mayor and the City Commission find that it is in the public interest to promote, preserve, protect and enhance the aesthetic attractiveness of the City of South Miami. Revised Construction Ordinance: Second Reading March 4, 1997 I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 2 THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1. Section 20 -3.6 (S), "Construction Methods ", of 5 the Land Development Code is hereby created as follows: 6 7 (S) Finishing For All New Construction Metes 8 9 (1) Permitted Metheds, Materials 10 11 All exterior walls of all new buildings will be 12 e--E-'—finished with concrete block and stucco, stone, brick, 13 poured concrete, glass block, or any combination thereof. 14 Pre -cast concrete panels and glass curtain walls may be 15 used for exterior walls of commercial buildings. 16 17 (2) Exception 18 19 One -story storage buildings, no larger than 9;- twenty - 20 four (24) feet in beth w-idt.h �engtzili one dimension and 21 twelve (12) feet in the other and located on properties so 22 that such storage buildings are not visible from any right - 23 of-war—., one such structure permitted per property. 24 25 26 Section 2. Section 20 -3.6 (T), "Required Walls for New 27 Construction on Elevated Sites ", of the Land Development Code is 28 hereby created as follows: 29 30 (T) Required Walls for New Construction on Elevated Sites 31 32 Any new construction on a lot which is higher in elevation 33 than adjacent properties will require a solid masonry wall 34 with a minimum height of three (3) feet above the highest 35 adjacent grade and surrounding the property on all sides. 36 37 38 Section 3. If any section, clause, sentence, or phrase of 39 this ordinance is for any reason held invalid or unconstitutional 40 by a court of competent jurisdiction, the holding shall not 41 affect the validity of the remaining portions of this ordinance. 42 43 44 Section 4. All ordinances or parts of ordinances in conflict 45 with the provisions of this ordinance are hereby repealed. Revised Construction Ordinance: Second Reading March 4, 1997 2/ 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 Section S. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 4th day of March, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR c:\ -. \ reports \ frame - rev- 42.ord.doc Revised Construction Ordinance: Second Reading March 4, 1997 /h 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A PREVIOUS AMENDMENT TO SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED METHODS OF CONSTRUCTION BY REPEALING ORDINANCE NO. 13 -96 -1613; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 30, 1996, the City Commission adopted Ordinance No. 13 -96 -1613, in order to regulate the methods of construction and to require walls for drainage purposes; and, WHEREAS, the Dade County Board of Rules and Appeals and the South Miami Planning Board are opposed to such regulations; and, WHEREAS, the Mayor and the City Commission find that it is in the public interest to promote harmony in the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Ordinance No. 13 -96 -1613 is hereby repealed. 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 the 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. ATTEST: PASSED AND ADOPTED this 4th day of March, 1997. APPROVED: CITY CLERK VICE -MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Revised Construction Ordinance Substitute Ordinance C. ITEM: PB -97 -006 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED METHODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20 -3.6 (S); REQUIRING RETAINING WALLS FOR NEW RESIDENTIAL AND COMMERCIAL CONSTRUCTION ON ELEVATED SITES BY CREATING A NEW SECTION 20 -3.6 (T); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 1. Mr. Basu read the request into the record. 2. Staff presented the application to the Board. a. Staff explained that this ordinance is largely one that had been previously adopted by the City Commission, with additions so indicated by underline. b. Staff related historical background information involving the proposed ordinance. c. Staff stated that this ordinance would not apply to the City's Hometown District. 3. Public hearing was opened. a. Ms. Ann Bass, a former South Miami Commissioner, signed in to address the Board. Ms. Bass opined that wood affords residences with a particular "charm and warmth" that other materials may not provide. She asked the City to consider the visual results of requiring retaining walls for new residences. Ms. Bass closed by stating that the ordinance will create a South Miami that would be "incongruous" to the City we have today. b. Ms. Susan Redding, Chairperson of the Historic Preservation Board, signed in to speak before the Board. She characterized many of the existing wood structures in South Miami as "treasures" and asked the City to be cognizant of the impact this ordinance would have on residential areas. In regard to any proposed retaining walls, Ms. Redding noted that while proper drainage is a concern for the City, perhaps other methods should be examined. c. Ms. Suzanne Wolfsohn, of 6790 Sunset Drive, signed in and spoke before the Board. Ms. Wolfsohn stated that she was concerned about the effect the ordinance would have on replacing historic wood -frame structures in the City. She questioned the City's involvement in the attempt to regulate homeowners' choice of materials for the exterior of private residences. Ms. Wolfsohn opined that retaining walls would be "ugly" and asked the City to consider alternatives to such walls. .Excerpted PB Min 2 -11 -97 5 /� d. Mr. David Tucker Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. Mr. Tucker noted that, in regard to the wood finishes portion of the proposed ordinance, the City must consider the architectural merits of wood with the climate factors of South Florida, such as hurricane probabilities. Mr. Tucker explained that a compromise exists in the center of these two major concerns, and he related examples in order to illustrate this middle position that the City may take. 4. The public hearing was closed. a. Mr. Mackey stated that he wished to indicate for the record the City is addressing the aesthetic qualities of wood only and the impact of such aesthetics on its residential neighborhoods. b. Discussion was held in regard to the aesthetics of wood and the attractiveness such qualities may provide to the City. 5. Motion: The Board voted denial by acclamation of the application, as presented. 6. Vote: Approved: 5 Opposed: 0 Excerpted PB Min 2 -I1 -97 (�& AMERICAN FOREST & PAPER ASSOCIATION January 23, 1997 L. Dennis Whitt, City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 V&4067 SOUTHEAST REGIONAL OFFICE 408 a AVENUE NORTH. TIERRA VERDE, FL 33715 PHONE: (813)W4 -9988 VOICE/FAX: (813) 867 -3688 AMERICAN WOOD COUNCIL Engineered and Traditional Wood Products Re: Proposed ordinance amending §2C`-3.6 of the Land Development Code Dear Mr. Whitt: },I'li; �n�,v� p mow.: ie;; � ,�• � F� t f �� tv a JAN 3 019% CITY. MANAGER'S OFFICE I am in receipt of a copy of an ordinance of the City of South Miami allegedly adopted on first reading last Tuesday, January 21, 1997, amending Section, 20 -3.6 of the Land Development Code establishing requirements for exterior walls in the city to be finished with concrete blocks. It is the opinion of the American Forest & Paper Association that the ordinance is a veiled attempt by the City of South Miami to continue the prohibition against the use of wood -frame construction. Requiring new buildings to be faced with concrete blocks will unreasonably restrict the legitimate use of wood -frame construction and, thus, a building code issue reserved to the jurisdictional authority of the Metropolitam Dade County Building Code Compliance Office. Should the City of South Miami adopt said ordinance as presently written, the American Forest & Paper Association will again appeal to the Metropolitan Dade County Building Code Compliance Office for an opinion as to the City's right to amend the building code. Respectfully, Jeffrey B. Stone, Ph.D., Southeast Regional Manager cc: Metropolitan Dade County Board of Rules and Appeals Ken Bland, AF &PA Director of Building Codes and Standards State of Florida, Department of Community Affairs, Board of Building Codes and Standards Wellington Meffert, Florida Home Builders Association JAN 3 0 1)97 1. MIAMI DAILY BUSINESS REVIEW Publlshed Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f /k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS CITY COMMISSION MEETING MARCH 4, 1997 - ORDINANCE RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND, ETC. In the ......... .XNXXr ..................... Court, was published In said newspaper In the Issues of Feb 21, 1997 Afflant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any unt, rebate, commission or refund for the purpose of .9. ng this advertisement for publication In the said ne p er. Sworn to and subscribed afore me this /� Februa 21 ry day ( D. 19...... 97 P F7110 NOT (SEAL) i r k^ `3�� ^ (i.' 0 jAINETT LL ER =NA C.QL%WSSIGt1 N�J;AIIfR Sookle Williams personall �nowatp ote.. t «t '':;� ' cc�shcos - o `'OF;I EXPIRES S i JUNE ?.3,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, March 4, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASO- LINE SERVICE STATIONS UNDER SECTION 20- 3.4(B)(5); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI- NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED ME= THODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20- 3.6(S); REQUIRING RE- TAINING WALLS FOR NEW RESIDENTIAL AND COMMER- CIAL CONSTRUCTION ON ELEVATED SITES BY CREAT- ING, A NEW SECTION 20 -3.6M; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTION; AMENDING SECTION 9 -3 OF THE CODE-OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE SPECIFIC- ALLY PROVIDED FOR, BE AT' THE SYLVIA G. MARTIN COMMUNITY BUILDING, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st READING - FEBRUARY 11, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTIONS; AMENDING SECTION 9 -5(B) OF THE CODE OF ORDINANCES TO PROVIDE FOR SCHEDULING GEN- ERAL AND SPECIAL ELECTIONS BY RESOLUTION; RATI- FYING THE SCHEDULING OF THE SPECIAL ELECTION FOR APRIL 8, 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning Department at: 663.6347 and City Clerk's Office at: 663 -6340 respec- tively. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be ed. bas bas97- 3 -022117M r r CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: February 27, 1997 FROM: L. ennr i RE: Agenda Item # City Manager Commission Meeting March 4, 1997 Second Reading Polling places for city elections This is the second reading for an amendment to Section 9 -3 of the Code of Ordinances designating the Sylva G. Martin Community Building as the polling place for all general and special elections of the City of South Miami 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; 6 AMENDING SECTION 9 -3 OF THE CODE OF ORDINANCES OF THE 7 CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR 8 ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE 9 SPECIFICALLY PROVIDED FOR, BE AT THE SYLVA G. MARTIN 10 COMMUNITY BUILDING, 6130 SUNSET DRIVE, SOUTH MIAMI, 11 FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES 12 IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, section 9 -3 of the Code of Ordinances of the City 16 of South Miami currently provides in that the polling place for 17 all general and special elections shall be at the "Public 18 Library, 6000 Sunset Drive "; and 19 20 WHEREAS, the Vice Mayor and City Commission wish to amend 21 Section 9 -3 to provide a new polling place for all general and 22 special elections for the city; and 23 24 25 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1: Section 9 -3 of the Code of Ordinances of the 29 City of South Miami is hereby amended to read as follows: 30 31 "Sec. 9 -3. Polling places; appointment and certificate of 32 election inspector and clerk of inspection. 33 34 The polling place for all general and special elections for 35 the city, unless otherwise specifically provided for, shall be at 36 the Sylva G. Martin Community Building, 6130 Sunset Drive and the 37 City Commission shall appoint three inspectors and one Clerk of 38 Elections and in addition there to, sufficient personnel for the 39 operation of the voting machines as required by State law, and 40 shall certify the names of such Inspectors and clerks to the 41 Mayor. 42 43 44 Section 2. If any section, clause, sentence, or phrase 45 of this ordinance is for any reason held invalid or 46 unconstitutional by a court of competent jurisdiction, the 47 holding shall not affect the validity of this remaining portions 48 of this ordinance. 49 50 51 Section 3. All ordinances or parts of ordinances in 52 conflict with the provisions of this ordinance are hereby 53 repealed. 54 /7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR 17 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; AMENDING SECTION 9 -3 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR, BE AT THE SYLVA G. MARTIN COMMUNITY BUILDING, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 9 -3 of the Code of Ordinances of the City of South Miami currently provides in that the polling place for all general and special elections shall be at the "Public Library, 6000 Sunset Drive "; and WHEREAS, the Vice Mayor and City Commission wish to amend Section 9 -3 to provide a new polling place for all general and special elections for the city; and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Section 9 -3 of the Code of Ordinances of the City of South Miami is hereby amended to read as follows: "Sec. 9 -3. Polling places; appointment and certificate of election inspector and clerk of inspection. The polling place for all general and special elections for the city, unless otherwise specifically provided for, shall be at the Sylva G. Martin Community Building, 6130 Sunset Drive and the City Commission shall appoint three inspectors and one Clerk of Elections and in addition there to, sufficient personnel for the operation of the voting machines as required by State law, and shall certify the names of such Inspectors and clerks to the Mayor. 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. conflict with repealed. All ordinances or parts of ordinances in the provisions of this ordinance are hereby /7 Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR 107 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review f/k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS CITY COMMISSION MEETING MARCH 4, 1997 - ORDINANCE RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND, ETC. In the ........... :KK)= ..................... Court, was published In said newspaper In the Issues of Feb 21, 1997 Afflant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any unt, rebate, commission or refund for the purpose of s cu ng this advertisement for publication In the said newillpoper. A Sworn to and subscribed before me this 21 /� February /-.,' 97 ..... day .................... l '' D. 19...... SEAL J.>:iETT LL ERE•NA CCI.1N:SSICH HU -14SM CC566004' My CO&AMI:..`:0NEXPIRES JUNE 23,2000 (SEAL) h - i Sookle Wllllams personall �nowrt;iardie CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, March 4, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASO- LINE SERVICE STATIONS UNDER SECTION 20- 3.4(B)(5); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI- NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20.3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED ME= THODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20.3.6(S); REQUIRING RE- TAINING WALLS FOR NEW RESIDENTIAL AND COMMER- CIAL CONSTRUCTION ON ELEVATED SITES BY CREAT- ING, A NEW SECTION 20- 3.6(T); PROVIDING FOR SEVER - ABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTION; AMENDING SECTION 9 -3 OF THE CODE-OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE SPECIFIC- ALLY PROVIDED FOR, BE AT' THE SYLVIA G. MARTIN COMMUNITY BUILDING, 6130 SUNSET DRIVE,-SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st READING - FEBRUARY 11, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTIONS; AMENDING SECTION 9 -5(B) OF THE CODE OF ORDINANCES TO PROVIDE FOR SCHEDULING GEN- ERAL AND SPECIAL ELECTIONS BY RESOLUTION; RATI- FYING THE SCHEDULING OF THE SPECIAL ELECTION FOR APRIL 8, 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning Department at: 663 -6347 and City Clerk's Office at: 663 -6340 respec- lively. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CIVIC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of The proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 2/21 97 -3-022117M /7 q CITY OF SOUTH MIAMI wr INTER - OFFICE MEMORANDUM To: Maygr and Commission Date: February 28, 1997 Agenda Item 9 From: L. Dennis Whitt / `J Subject: Commission Meeting 3/4/97 City Manager Special Election This is the second reading of an ordinance amending Section 9 -5(B) of the Code of Ordinances to provide for scheduling general and special elections by resolution, and ratifying the scheduling of a special election for April 8, 1997. ORDINANCE NO, AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING 4 SECTION 9 -5(13) OF THE CODE OF ORDINANCES TO PROVIDE FOR 5 SCHEDULING GENERAL AND SPECIAL ELECTIONS BY RESOLUTION; 6 RATIFYING TITE SCHEDULING OF A SPECIAL ELECTION FOR APRILS, ? 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 8 AN EFFECTIVE DATE. WHEREAS, pursuant to Article II, Section 4B, of the City Charter, a special election must be held not less than 45 days and not more than 60 days after a vacancy exists when an i= unexpired terns exceeds 9 months; and, _ - H�EREAS, pursuant. to Article V, Section i B(1), of the City Charter, the City Clerk 13 must certify the candidates not more than 42 days nor less than 29 days before the scheduled 14 election; and, 15 WHEREAS, pursuant to Section 9 -5(b) of the Code of Ordinances, general and 15 special elections must be scheduled pursuant to an ordinance and, pursuant to Section 2- 17 2.1(h) and (i), ordinances must be adopted after two readings and after legal notice is 1s published at least 10 days prior to the public hearing at the time of the second reading; and, -. f WHEREAS, the requirement to schedule a special election by ordinance, rather than 0 by resolution, creates an. irreconcilable conflict between the time requirements of the City Charter and the notice requirements of the City Code; and, 3� WHEREAS. the scheduling of general and special elections is an administrative 23 matter which is more appropriately addressed by resolution than by ordinance; and, 24 WHEREAS, the Mayor and the City Commission find that it is in the public interest 2 5 io amend Section 9 -5(b) of the Code of Ordinances to provide for scheduling elections by 26 resolution and to ratify the action taken by the City Commission at its special commission meeting on February 11, 1997 to schedule a special election for April 8, 1997 to fill the a vacancy created in the Mayor's seat. NOW, THEREFORE; BE IT ORDAINED BY THE MAYOR AND C'TTY COMMISSION OF THE CITY OF SOUTH NVIIAM1. FLORIDA: :t,mon Pme Qrdmutre.. I�t Reading Fetwavy IB, 1t97 5 fill, 1 Section 1. Section 9-5(b) of the Code of Ordinances is amended to read: 2 Upon the adoption by a majority of the city commission present 3 of an-vt $nee�- a resolution calling for an election for the city, 4 the city clerk shall publish notice of such general or special 5 election once a week for four (4) consecutive weeks next 5 preceding such general or special election in a newspaper of 7 general circulation in the city. Such notice shall include the 8 date, time, and place of such election(s), identify the 9 commission groups to be voted for and/or other questions to be o voted upon. 11 Section ?. The action taken by the City Commission at its special commission 12 meeting on February 11, 1997 to schedule a special election for April 8, 1997 to fill the 13 vacancy created in the Mayor's seat is ratified. 1-4 Se -tiUn 3, If any section, clause, sentence, or phrase of this ordinance is for any 15 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 6 not affect the validity of the remaining portions of this ordinance. 17 Section 4. All ordinances or parts of ordinances in conflict with the provisions of 18 this ordinance are hereby repealed. 19 Section 5. This ordinance shall take effect immediately at the time of its passage. 2C) PASSED AND ADOPTED this day of , 1997. '1 ATTEST: APPROVED: 2 3 CITY CLERK MAYOR 2 1 READ AND APPROVED AS TO FORM: �5 2 4 CITY ATTORNEY r .;.•CU�1'T3CS 1tRF.S•VIID.G1.FCa�gTL.Okv = :acrion ;uric Grdmnncc: t:: koGm¢ fe'runnry 16. 1997 �� MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS CITY COMMISSION MEETING MARCH 4, 1997 - ORDINANCE RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND, ETC. In the ...... .....:KXXo%Y ..................... Court, was publlshed In sold newspaper In the issues of Feb 21, 1997 Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In sold Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida. each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any unt, rebate, commission or refund for the purpose of s cu ng this advertisement for publication In the said no p or. Sworn to and subscribed efore me this 21 February �' 97 .... day 1/ ,......... ' D. 19...... Gf CL C 12fAL tr61A$Y SEAL (SEAL) / + '`' _�� J.a ^iETT LLERE-NA ^ �� catsN:s;JGN NU:.I:.Fit Sookle Williams personal) *na,;';cvore.. CC566004 Ile �C Fn'! CC "j17. ?1SS:'%EX941ES CF F110` JUNE 23,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, March 4, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE CITY'S ADOPTED LAND DEVELOPMENT CODE IN ORDER TO ADOPT REVISED AND EXPANDED SPECIAL USE CONDITIONS FOR GASO- LINE SERVICE STATIONS UNDER SECTION 20- 3.4(B)(5); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI- NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20.3.6 OF THE LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED ME- THODS OF FINISHING FOR ALL NEW CONSTRUCTION BY CREATING A NEW SECTION 20- 3.6(S); REQUIRING RE- TAINING WALLS FOR NEW RESIDENTIAL AND COMMER- CIAL CONSTRUCTION ON ELEVATED SITES BY CREAT- ING, A NEW SECTION 20 -3.6M; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (1st READING - JANUARY 21, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTION; AMENDING SECTION 9-3 OF THE CODE-OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO REQUIRE THE POLLING PLACE FOR ALL GENERAL AND SPECIAL ELECTIONS, UNLESS OTHERWISE SPECIFIC- ALLY PROVIDED FOR, BE AT' THE SYLVIA G. MARTIN COMMUNITY BUILDING, 6130 SUNSET DRIVE, • SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st READING - FEBRUARY 11, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ELECTIONS; AMENDING SECTION 9.5(B) OF THE CODE OF ORDINANCES TO PROVIDE FOR SCHEDULING GEN- ERAL AND SPECIAL ELECTIONS BY RESOLUTION: RATI- FYING THE SCHEDULING OF THE SPECIAL ELECTION FOR APRIL 8, 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning Department at: 663 -6347 and City Clerk's Office at: 663.6340 respec- tively. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 2121 97- 3 -022117M k ¢ CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor a ty Commission Date: February 25, 1997 Agenda Item # From: L. Dennis Whitt Re: Comm. Mtg. 03/04/97 City Manager Right -of -Way Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REQUEST FOR A WAIVER OF RIGHT -OF -WAY IMPROVEMENTS, PURSUANT TO SECTION 20- 4.2(C)(1) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5805 S.W. 67 AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The property owner, Mrs. Carmen Vasquez, has requested that Mr. Hector Garcia represent her for an application to reduce the required dedication of land and right -of -way improvements for her property located at 5805 S.W. 67 Avenue. The parcel is only 99 feet wide and runs from the western edge of S.W. 65 Avenue to the eastern edge S.W. 67 Avenue. An existing cul -de -sac is located along the northern edge of this land. The proposal would permit construction of three new homes for the area. Only two homes would be accessed from the cul -de -sac (58 Street). The Planning Board voted 4:3 to recommend approval with the conditions: (1) that engineering calculations and specifics be included in the project, in order to ensure proper drainage; (2) that the pavement be more standard in width, specifically from the proposed 16 feet to 20 feet; (3) that the proposed elevations, particularly the northern side elevations, be respectful of the street and the neighborhood in their appearance; (4) that standard bonding practices be included in the project, particularly for ROW (right -of -way) improvements. The applicant's representative has prepared revised drawings which reflect the Planning Board's recommended conditions and will submit a bond pursuant to § 17 -19 of the Code of Ordinances. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Copy of Section 17 -19, Code of Ordinances Planning Board Staff Report by Brian T. Soltz Aerial Photograph of Site & Surrounding Area Letters from Mrs. Vasquez, the Property Owner City Manager's Report: Right -of -Way Resolution History/Letter from Shutts & Bowen Photocopy of the Proposed Site Plan /Survey Mailing Area Map (500 -foot mailing radius) Advertisement for Publication and Mailing Planning Board Minutes February 11, 1997 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REQUEST 6 FOR A WAIVER OF RIGHT -OF -WAY IMPROVEMENTS, PURSUANT TO 7 SECTION 20- 4.2(C)(1) OF THE LAND DEVELOPMENT CODE, 8 REGARDING THE PROPERTY LOCATED AT 5805 S.W. 67 AVENUE, 9 SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING 10 PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES; 11 PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, subject property is located at 5805 S.W. 67 Avenue, 16 South Miami, Florida, 33143, and is legally described as follows: 17 18 The North 99.00 feet of the North 1/, of the Southwest 1/ 19 of the Northwest 1/ of the Northwest 1/, Less the East 20 91.00 feet, and Less the West 35.00 for Road purposes, 21 in Section 25, Township 54 South, Range 40 East, of the 22 Public Records of Dade County, Florida; and, 23 24 WHEREAS, Mr. Hector Garcia, future purchaser of the subject 25 property, submitted an application requesting a waiver of right - 26 of -way improvements including right -of -way dedication, pursuant 27 to Section 20- 4.2(C)(1) of the Land Development Code; and, 28 29 WHEREAS, Ms. Carmen Vazquez, owner of the subject property, 30 submitted a letter of consent authorizing the application; and, 31 32 WHEREAS, Planning staff has recommended approval of the 33 application for said waiver, which recommendation is based upon 34 (a) the merits of the application as it relates to requirements in 35 the Land Development Code and (b) the application's consistency 36 with the City's adopted Comprehensive Plan; and, 37 38 WHEREAS, on February 11, 1997, the Planning Board voted 4:3 39 to recommend approval of the application with the conditions that 40 (1) engineering calculations and specifics be included in the 41 project in order to ensure proper drainage; (2) the pavement be 42 more standard in width, specifically from the proposed 16 feet to 43 20 feet; (3) the proposed elevations, particularly the northern 44 side elevations, be respectful of the street and the neighborhood 45 in their appearance; (4) standard bonding practices be included 46 in the project, particularly for right -of -way improvements; and, 47 Right -of -Way Resolution: Public Hearing March 4, 1997 1 / 9 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 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by Ms. Carmen Vasquez, property owner, requesting a waiver of right -of -way improvements, pursuant to Section 20- 4.2(C)(1) of the Land Development Code, regarding property located at 5805 S.W. 67 Avenue, is approved. Section 2. Drawings submitted by the applicant, as part of the record at the City Commission Meeting of March 4, 1997, and dated shall be the guiding plan for development. Section 3. Engineering calculations shall be included as part of the building permit, in order to ensure proper drainage. Section 4. The total pavement width for S.W. 58 Street shall be a minimum of 20 feet, excluding the cul -de -sac terminus area. Section 5. The northern elevations (fagades) of all future homes shall be respectful of the street and the neighborhood. Section 6. The applicant shall post a bond equal to 1100 of the cost of the improvements which are indicated on the approved plan under Section 2 above, which bond shall be* posted for one year or until the improvements required herein are constructed. Section 7. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 4th day of March, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR Right -of -Way Resolution: Public Hearing March 4, 1997 c:\ ... \ reports \ 59- Street- ROW.doc 2 /9 § 17 -9 STREETS AND SIDEWALKS § 17 -10 Sec. 17 -9. Plats— Agreements and bond with city relating to streets, terraces, courts, etc. All persons submitting any record plat of real estate situated in the city to the city council for its acceptance of the dedica- tion of streets, avenues, courts, places, terraces and all thoroughfares are hereby required to accompany any such proposed record plat with a suitable agreement with the city providing for the construction of street paving, parkways and other improvements within such proposed subdivision as well as the public right -of -way adojoining the real estate in accordance with the city's specifications and at the expense of the owners of the land to be subdivided. The construction work is to be completed within one year from date of such submission. The agreement is to be accom- panied by good and sufficient contract bond in an amount of the total estimated cost of the improvements, which esti- mated costs shall have been first approved in writing by the department of public works. The condition of the contract bond to be such that if the principals thereto shall fully and faith- fully perform the work in accordance with the terms of the agreement therefor, then the contract bond shall be void. If the above conditions are not met the city council shall construct or cause to be constructed after public advertise- ment and receipt of bids, the proposed street paving, park - ways, and other improvements; and the principals and surety jointly and severally agree to pay to and indemnify the city upon completion, the final total cost of improvements, includ- ing engineering, legal and contingent costs, together with any damages direct or indirect consequential which the city may sustain on account of the failure of the principals to properly keep, carry out and execute all the provisions of said contract. (Ord. 211, § 1, 7-25-50; Ord. No. 758, § 1, 7- 18 -72) Sec. 17 -10. Same Authority to withhold; submission to city council for noncompliance with section 17 -9. The city clerk and the city manager are hereby authorized and directed to withhold from submission to the city council any proposed record plat unless the hereinbefore mentioned agreement and bond accompany such plat. (Ord. 211. § 2, 7 -25- 50) Supp. No. 29 235 l Adwnmh CITY OF SOUTH MIAMI o� Iff INTER - OFFICE MEMORANDUM To: From: Bill Mackey, AICP Director of Planning & Zoning Brian T. Soltz�� Planner ITEM: PB -97 -004 Applicant: Hector Garcia Date: February 6, 1997 Re: Waiver of Right -of -Way Improvements 5805 SW 67 Avenue Request: A waiver of right -of -way improvements to allow a 32.5 foot right -of -way where a 50 foot right -of -way is required, pursuant to Section 20- 4.2(C)(1) of the Land Development Code. Location: 5805 SW 67 Avenue South Miami, Florida 33143 BACKGROUND According to the City's Land Development Code when land is subdivided the developer is responsible for certain right -of -way improvements and dedications. This includes sidewalks, curbs, drainage and paving. In this situation the developer has a tract of land which is large enough to create four individual parcels; however, due to the narrowness of the tract and the required setbacks the developer would not be able to build if the right -of- way dedication and improvements are required. In addition, the subject right -of -way is a short cul -de -sac which currently serves only 4 properties. ANALYSIS The applicant is proposing a 7.5 foot dedication without sidewalks or curbs - and - gutters along SW 58`h Street where a 25 foot dedication with sidewalks or curbs - and - gutters is normally required. With the proposed dedication SW 58`h Street will have a 32.5 foot right -of -way. If on the other hand the dedication of the right -of -way is required the applicant will encounter the following problems: 1. The lot frontage on Parcels "C" and "D" will be 74 feet. The RS -3 zoning district requires 75 feet of frontage per parcel. 2. Parcel "C" will be 8,988 square feet in area. The RS -3 zoning district requires 10,000 square foot parcels. Iq COMPREHENSIVE PLAN This requested waiver of right -of -way improvements does not conflict with the adopted Comprehensive Plan of the City of South Miami. APPLICABLE REGULATIONS Land Development Code • Section 20 - 4.2 (Land Subdivision Regulations) • Section 20 - 3.5E (Dimensional Requirements Single Family Residential) RECOMMENDATION It is the opinion of staff that the proposed 32.5 foot right -of -way is adequate to serve the public. Therefore, staff recommends APPROVAL with the following conditions: 1. That the developer architecturally treat the northern side elevation of the homes on parcels "C" and "D" with the same quality and appearance as the front facades. Final plans will be approved by the Environmental Review and Preservation Board. 2. That the developer use landscaping such as street trees along SW 58th Street to provide a visual buffer. 3. That the developer make proper drainage improvements to the properties and the existing right -of -ways. Attachments ..ISM0I TlanningTbTEIReportsAight of Way Waiver Staff Report /9 January 17th 1997 City of South Miami 6130 Sunset Drive South Miami, Florida.33143 Ref: Reasons for change. List Justifications for application for Public Hearing. The No. 99ft of No. 1/2 of S.W. 1/4 of The N.W. 1/4 of N.W. 1/4 less the East 91 ft. and less the 35 ft. in Section 25 Twp 54 S. Range 40 E. Dade County, Florida. Ladies & Gentlemen: The reason for the requested change consisting of a waiver f rom the construction of Right of Way improvements is reiterated in the preceeding parragraphs: 1- The land is 99 fleet wide. The existing road constructed several years ago was built approximately one ft. from the edge of my property line, sixteen(16) ft wide and with approximately eight(8) ft.of swale area on the North side. The amount of homes proposed and existing does not justify the full dedication of the road Right of Way for this property because the existing pavement is adecuate for the number of homes being served. If dedicated, the road would have to be enlarged a mere four (4) ft in width leaving a total of twenty one (21) ft.of swale area, thus preventing the construction of homes greater than fifty one ( 51) ft. in width The homes on the North side of the street have lot widths approximately eighty (85) to ninety (90) ft. wide. My proposal would be in harmony with the surrounding lots width. The improvements to the Cul- De- Sac,(added pavement, landscapping, etc.),will enhance the value of the surrounding homes. The size of the lots will permit the design of homes sixty three ( 63) ft in width and greater, versus fity one ( 51) ft if the road is dedicated. Hoping to receive a favorable response to my petition. I remain. Sincerely Yours. Carmen Vasquez /4 January 17th 1997 City of South Miami 6130 Sunset Drive South Miami, Florida 33143. Ref: Statement of hardship inherent in the land Petition for Public Hearing before Planning board. The No. 99 ft of No. 1/2 of S.W. 1/4 of S.W. 1/4 of The N.W. 1/4 of N.W. 1/4 Less the East 91 ft.and less the 35 ft.in Section 25 Twp 54 So. Rnge 40E. Ladies & Gentlemen: My property is only 99 ft.wide, consisting of one small house fronting S.W. 67th Avenue covering one fourth of the total land. The rest of the land faces a group of.seven to eight homes in a Cul -De -Sac. One of the new homes will face S.W. 65th Avenue creating no additional traffic to S.W. 58th Stret, while the other two will be facing the Cul -De- Sac that will be enlarged and improved with landscape and gound cover. The two new homes facing the Cul -De -Sac will not increase traffic . on the existing road to the extent of creating a nuisance.My hardship consists that dedicating twenty five feet of road right of way, will decrease the lots from 99 ft to 74 ft, versus my proposal of dedicating a strip of land eight feet wide, matching the existing green area on the North side of S.W. 58th Street while keeping the width of the lots at 91 feet. The approval of my request will enhance the Asthetics value of the new homes and the existing neighborhood by being able to design homes close to the width of the existing homes on the North side of S.W. 58th Street. Hoping to receive a favorable response to my petition. I remain. Sincerely Yours. Carmen Vasquez Iq r January 17th 1997 City of South Miami 6130 Sunset Drive South Miami, Florida.33143 Ref: Letter of Intent. Petition for Public Hearing. The No. 99ft of No. 1/2 of S.W. 1/4 of The N. W., 1/4 of N. W. 1/4 less the East 91 ft. and less the 35 ft. in Section 25 Twp 54 S. Range 40 E. Dade County, Florida. Ladies & Gentlemen: I am the owner of the property above described consisting of one small f rame home on a parcel of land measuring approximately 99 ft x 549 ft long. It is my intent if approved, to sell this property to H.G. Enterprises of South Miami, Inc. H.G. plans to buiild three new residences on my property, after all building permits are obtained from The City and Dade County. H.G. has recently constructed six beautiful new residences, I would like my property to be developed by the same Developer which has added value to my property and the surrounding properties. Looking foward to your approval. I remain. Sincerely Yours. �4 Carmen Vasquez /tT December 16th 1996 City of South Miami 6130 Sunset Drive South Miami, Fla. 33143. Ref: Application for Administrative Waiver application Ladies & Gentlemen: By this letter I authorize Hector J. Garcia to prepare all plans, attend conferences with City staff, execute any and all applications in connection with The Waiver of P1at,Administrative Waiver Application for the submission and approval of my request for Lot Size, Lot Frontage and Lot coverage for the property owned by the undersigned under contract to Sale to H.G. Enterprises of South Miami, Inc. Thanking you for your cooperation. I remain. Sincerely Yours. Carmen Vaz&)51�j4z /9 SHUTTS & BOWEN ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS) 1500 MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 MIAMI (305) 355 -6300 BROWARD (305) 467.8841 FACSIMILE (305) 381 -9982 December 17,1996 W. Hector J. Garcia H.G. Enterprises of Miami, Inc. 7990 S.W. 117th Avenue Suite 137 Miami, Fl. 33183 RE. Carmen Vazquez Sale to H. G. Enterprises of South Miami, Inc. Dear Mr. Garcia: Enclosed as you requested are copies of the various applications to governmental entities which you had hand- delivered to our office yesterday, together with a check in the amount of $19,000.00, payable to our firm, as the deposit on the Contract for Sale and Purchase. We have signed the Contract as Escrow Agent to acknowledge receipt of your check and will deposit it to an interest bearing trust account. With regard to you request for evidence of ownership of the property, title was taken in the name of Benny Vazquez and Emily Vazquez, his wife, by a deed dated June 24, 1936, recorded under Clerk's File No. A2998, recorded June 24, 1936 in Deed Book 1716, at Page 43, of the Public Records of Dade County, Florida. Mrs. Emily Vazquez died and Mr. Vazquez subsequently married Carmen J. Vazquez, who was the personal representative of his estate. Enclosed for your information are the following: 1. Abstract entry confirming Warranty Deed in favor of Benny Vazquez and Emily Vazquez, his wife. 2. Copy of Notice of Administration In Re: Estate of Bernard Vasquez a!k/a Benny Vasquez, Dade County Circuit Court, Probate Division File No. 90 -5392, Division 03. AMSTERDAM OFFICE KEY LARGO OFFICE LONDONOFFICE ORLANDO OFFICE WEST PALM BEACH OFFICE EUROPA BOULEVARD 59 OCEAN REEF CLUB 48 MOUNT STREET 20 NORTH ORANGE AVENUE ONE CLEARLAKE CENTRE, SUITE 500 1083 AD AMSTERDAM, 31 OCEAN REEF DRIVE LONDON WIY SRE ENGLAND SUITE 1000 250 AUSTRALIAN AVENUE SOUTH THE NETIIERLANDS SUITE A206, TELEPI ZONE 011. 44171. 493.4840 ORLANDO, FLORIDA 3Z801 WEST PALM DEACIL FLORIDA 3340t TELEPHONE 011.3120.661 -0969 OCEAN BEEF PLAZA FACSIMILE 011.4417t- 493.4209 TELEPfI0NE(407)423 -3200 MAILING ADDRESS P. O. BOX 3555 FACSIMILE 011. 3120 - 642-1475 KEY LARGO, FLORIDA 33037 FACSIMILE [407) 425.8316 WEST PALM BEACH, FLORIDA 33402.3555 TELEPHONE ( 305) 367.2881 TELEPHONE N07) 035.8500 FACSIMILE (4071650.8530 • SHUTTS & BOWEN Mr. Hector 7. Garcia December 17, 1996 Page 2 We will check the probate court file for confirmation as to the acquisition of the property through the probate process by our client, and will advise you of any further information we are able to develop. Sincerely yours, SHUTTS & BOWEN LLP LE AM :hp enclosures cc: Ms. Carmen I Vazquez ML495 1137041 - LRP /1 Deed Book 1653 page 420 Clerkfs File No. 52783 Dated Sept. 20, 1935 Filed Sent. 20, 1935 50. Deed Book 1716 page 43 Clerk's File No. 82998 Dated June 24, 1936 Filed June 24, 1936 51. C . H. H. Wiggins, a single man To 0. R. Moreno Consideration: $10.00 & OVC Grants, bargains and sells: Warranty Deed The North 99 feet of the NJ of the SW4 of the NW4 of the NW4 of Section 25, Township 54 South, Range 40 East, containing 1 -1/2 acres more or less. 20¢ Florida Documentary Stamps. 50¢ Internal Revenue Stamps. 0. R. Moreno, a single Warranty Deed man To Benny Vazquez and Emily Vazquez, his wife Consideration: $10.00 R, OVC Grants, bargains and sells: 'The North 99 feet of the NJ of the SW4 of the M14 of the WX� of Section 25 Township 54 South, Range 40 East, containing 1 -1/2 acres more or less • (Known as Ludlum Road in City of South Mi ami, Florida; 50¢ Florida Documentary Stamps, 50¢ Internal Revenue Stamps. C /q IN THE CIRCUIT COURT FOR DADE COUNTY,FLORIDA PROBATE DIVISION IN RE: ESTATE OF ' BERNARD VASQUEZ File Number - a /k /a BENNY VASQUEZ Division 0 Deceased NOTICE OF ADMINISTRATION The administration of the estate of Bernard Vasquez a /k /a Benny Vasquez deceased, File Number , is pending in the Circuit Court for Dade ' County, Florida, Probate Division, the address of which is Dade County Courthouse, 73 West Flagler Street, Rooms 234 -238, Miami, Florida 33130 The names and addresses of the personal representative and the personal representative'sMtorney are set forth below. All interested persons are required to file with this court, WITHIN THREE MONTHS OF THE FIRST PUBLICATION OF THIS NOTICE: (1) all claims against the estate and (2) any objection by an interested person on whom this notice is served that challenges the validity of the veal. the qualificationsofthe personal representative. venue, or jurisdiction of the court. ALL CLAIMS AND OBJECT1ONS NOT SO FILED WILL BE FOREVER BARRED. Publication of this Notice has begun on Personal Representative: Carmen Vasquez, ANum) a/1 /a Carmen 5805 S. W. 67th Avenue Vasquez Miami, Florida 33143 tor ep /sentateiAve: (Address) Florida Bar No. 169990 Harold A. Wheeler, Sr. (Name) 0 z cn m 0 cp M 74 m M 0 Z m > 00 10 m CA -67th -AVE,- - UWLAW RO. M O U S E la Nm IG 7#7 N O O S E P CD el U 4d �y �I.I rr - -- - - -- - - - -- - - - s 0 25' 65TW - -xVL- 58Z -0 (D F, a o o c .:Ze m 2 r z 5:0 Q—. 0 D ti (D m NOTICE OF PUBLIC HEARING © CITY OF SOUTH MIAMI Planning and Zoning Division 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 On Tuesday, February 11, 1997, at 7:30 P.M. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: ITEM: PB -97 -004 Applicant: Hector Garcia Request: A waiver of right -of -way improvements to allow a 32.5 foot right -of -way where a 50 foot right -of -way is required, pursuant to Section 20- 4.2(C)(1) of the Land Development Code. Location: 5805 SW 67 Avenue South Miami, Florida 33143 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the BZCD Department by calling 663 -6347 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. /I rrn,ra N/OSr d1 14.v SCJ�GgC d ar e►.r► n.r a,t it•tI. R J f 3 Ulm a_ • 1 1� N vi `I / r � r V p N ru M M sourH MIA NI fIfto 1 � • i Y � rl r '• u' e •I"' Is. r J 9 � i 1 ' , a t • MAILING AREA -- APPLICANT: HECTOR GARCIA r% V1 MT'Ll V •t 1 \•..1 Ct11t1YE1V V A Q EZ r/. r t*.*. w J •w f,'• s► e I • • vn ,rr.. b a I r w M w• ow be— ♦• i • ♦ • ! � ,.,fir`.' -' !• r l � 7 r i r 1. ,► • ►s � 3' ttf' I NORTH ADDRESS: HEARING NUMBER: 5805 SW 67 AVENUE PB -97 -004 REQUEST: ' DATE: WAIVER OF RIGHT OF WAY IMPROVEMENTS FEBRUARY 11, 1997 CITY OF SOUTH MIAMI PLANNING BOARD !9 • f s + � t A r/. r t*.*. w J •w f,'• s► e I • • vn ,rr.. b a I r w M w• ow be— ♦• i • ♦ • ! � ,.,fir`.' -' !• r l � 7 r i r 1. ,► • ►s � 3' ttf' I NORTH ADDRESS: HEARING NUMBER: 5805 SW 67 AVENUE PB -97 -004 REQUEST: ' DATE: WAIVER OF RIGHT OF WAY IMPROVEMENTS FEBRUARY 11, 1997 CITY OF SOUTH MIAMI PLANNING BOARD !9 W7 SUMMARY MINUTES Planning Board Regular Meeting Tuesday, February 11, 1997 City Commissioners' Chambers 7:30 P.M. I. Call to order and Pledge of Allegiance A. Mr. Subrata Basu, Chairperson, called the meeting to order at 7:40 p.m. II. Roll Call A. Board members present constituting a quorum: S. Basu (Chairperson); K. Zeller (Vice- Chairperson); A. Oliveros; G. Illas; A. Dupree; C. Thorner; and J. Lefley. B. City staff present: Bill Mackey (Planning & Zoning Director); Brian Soltz (Planner); Greg Oravec (Planning Technician); and David Struder (Board Secretary). C. Opening remarks: Prior to the Board's consideration of tonight's agenda, the Chair recognized Vice -Mayor Julio Robaina, who was present in the audience. Mr. Robaina approached the Board in order to make his opening remarks, including the welcoming of Mr. John Lefley back as a member of the Planning Board. III. Public Hearings A. ITEM: PB -97 -004 Applicant: Hector Garcia Request: A waiver of right -of -way (ROW) improvements to allow a 32.5 foot right -of -way where a 50 foot right -of -way is required, pursuant to Section 20- 4.2(C)(1) of the Land Development Code. Location: 5805 SW 67 Avenue South Miami, Florida 33143 .Excerpted PB Min 2 -11 -97 1 Iq 1. Mr. Lefley read the request into the record. 2. Staff presented the application to the Board. a. Staff explained that the major thrust of the application involves the allowance of a more slender right -of -way (ROW), namely SW 58 Street, which will serve a total of five residences. b. Staff reviewed the three recommended conditions for approval of the application, as outlined in their memorandum dated February 6, 1997. 3. Public hearing was opened. a. Mr. Hector Garcia, applicant, approached the Board to speak; however, he did not sign in for the*record. Mr. Garcia summarized the reasons for the request of a more narrow ROW with its resulting improvements, including the re- paving and landscaping of SW 58"' Street. b. Mr. Ned Feenane, City resident, signed in to speak before the Board. Mr. Feenane summarized his concerns as being the placement of any septic tanks near existing wells and the welfare of any neighborhood children in regard to an increase in traffic. c. Ms. Nina Postlethwaite, of 5767 SW 65 Avenue, signed in and spoke before the Board. Ms. Postlethwaite related her concerns as being any drainage issues that may be involved, including those that may exacerbate such problems already occurring in the neighborhood. Ms. Postlethwaite also explained her other concerns as being those relating to construction of the new residences and to bonding as a safeguard against any concomitant damages from the work. d. Mr. Harold Solomon, of 6521 SW 58 Street, signed in to speak before the Board. Mr. Solomon addressed concerns involving drainage and flooding in the vicinity and traffic on a narrower ROW. Mr. Solomon suggested that the City may wish to consider additional drainage and a wider ROW in the area under discussion. Mr. Solomon closed by stating that he was opposed to approval of the application. e. Mr. Rex Russo, of 5811 SW 65 Avenue, signed in and spoke before the Board. Mr. Russo began by asking for clarification of certain items, such as proposed width of pavement and parkway for SW 58t" Street and intended landscaping of the subject street and cul -de -sac. f. Mr. Mart Orbach, of 6511 SW 58 Street, signed in and spoke before the Board. Mr. Orbach related that drainage and setbacks are "key" issues to address in this application. g. Mr. Roger Douche, of 5811 SW 65 Avenue, signed in to address the Board. Mr. Douche stated that he lives on the subject cul -de -sac and that drainage continues to be a problem for the area. He followed up on concerns related earlier by commenting on a possible traffic increase and the proposed width of the ROW. Mr. Douche closed by stating that he was opposed to approval of the application. Excerpted PB Mitt 2 -11 -97 2 Iq h. Mr. Fred Metelnikun, of 6501 SW 58 Street, signed in to speak before the Board. Mr. Metelnikun questioned what would happen if the street was to be widened, and he stated his opposition to approval of the application. i. Mr. Garcia returned to the podium and was able to address residents' concerns vocalized thus far. 4. The public hearing was closed. a. Mr. Lefley inquired as to drainage in the area, including the completion of a percolation study, and mobility at the cul -de -sac, such as the allowance of fire trucks. Mr. Lefley suggested that the acceptance of fire equipment at the cul -de -sac and the approval thereof by Metro -Dade be addressed as the City's fourth condition. b. Ms. Dupree opined that if drainage has been a problem in the area, as the residents have stated, it should have been addressed long before any proposal for development was presented to the City. c. Mr. Oliveros stated his belief that, as a result of this application, benefits will be seen in that section of the City, including improvements to the ROW and the cul -de -sac. Mr. Oliveros opined that resulting conditions will be better than the current situation in the area. d. Both Ms. Zeller and Mr. Illas explained that their concerns must be the concerns of the neighbors. Mr. Illas stated that he believed insufficient information had been presented in order for the Board to fully consider the project's impact on the neighborhood. e. Mr. Subrata Basu stated that he had several concerns involving this application, such as drainage, bonding, elevations, and street width. 5. Motion: Mr. Oliveros moved approval of the application, based on the following conditions: 1) that engineering calculations and specifics be included in the project in order to ensure proper drainage; 2) that the pavement be more standard in width, specifically from the proposed 16 feet to 20 feet; 3) that the proposed elevations, particularly the northern side elevations, be respectful of the street and the neighborhood in their appearance; 4) that standard bonding practices be included in the project, particularly for ROW improvements. Ms. Thorner seconded the motion. 6. Vote: Approved: 4 Opposed: 3 (Ms. Zeller) (Mr. Lefley) (Mr. Illas) 7. Following consideration of the matter, Mr. Oliveros departed the meeting. Excerpted PB Min 2 -11 -97 3 /1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING CITY COMMISSION MEETING MARCH 4, 1997 - RESOLUTION RELATING TO THE REQUEST FOR A WAIVER OF RIGHT -OF -WAY IMPROVEMENTS In the ...... .....XXXXX ..................... Court, was published in said newspaper In the Issues of Feb 21, 1997 Afftant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore boon continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached coiu7rg rtisement; and afflant further says that she has nainor promised any person, firm or corporation any , rebate, commission or refund for the purpose of this adrprtisement for publication In the said 21 (SEAL) Sookle Williams personally and subscribed before me this ruarV 97 ., A.D. 19...... 0� � FvIC!aL NOTARY SEAL �*%`" �� AfiE' -T LLEREHA ?. ) <� Corer,rSacr+ NUMSER i�'.fo C, CC366C0� j i t .Y CCP::SriSSlCN Ei:PiRE3 �OF JUNE 23.26-GA i I CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday. March 4, 1997, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REQUEST FOR A WAIVER OF RIGHT -OF -WAY IMPROVEMENTS, PURSUANT TO SECTION 20- 4.2(C)(1) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5805 SW 67 AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDI- NANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning & Zoning Division at: 663 -6347. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon' which the appeal is to be based. 2/21 97.3.022118M l9 v CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: February 27, 1997 0 Agenda Item # a R• Comm. t 03/04/97 From: L. Dennis Whttt e. Co g. City Manager Gameworks Similar Use REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20 -3.3 (C)(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT A PROPOSED GAMEWORKS BE CLASSIFIED AS SIMILAR TO THE PERMITTED USE GAME SHOP; PROVIDING FOR SEPARATION OF USES IN THE ESTABLISHMENT, WHEREBY FOOD SERVICE SHALL BE LICENSED AS A TEA ROOM AND ALCOHOLIC BEVERAGE SERVICE SHALL BE LICENSED AS A DRINKING PLACE WHICH ARE PERMITTED USES IN THE "SR" SPECIALTY RETAIL ZONING DISTRICT; PROVIDING FOR APPROVAL POWERS; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The Simon/DeBartolo Group is currently negotiating a lease, in order to include a new concept in the Shops at Sunset Place known as Gameworks which has an entertainment retail component and includes a coffee shop and a micro - brewery- styled drinking place. The proposed resolution approves the use, pursuant to Section 20 -3.3 (C)(5) of the LDC (which establishes procedures for new uses that are similar to existing permitted uses). Please, find the attached photocopies of submitted reference materials and correspondence regarding this matter. RECOMMENDATION: Approval. Proposed Resolution for Adoption Staff Report by Director of Planning & Zoning Copies from the Gameworks Information Packet Letter to P &Z Director, dated February 12, 1997 Letter to City Manager, dated February 7, 1997 (including attached USA Today newspaper article) Letter to Simon Group, dated February 6, 1997 Letter to City Manager, dated January 14, 1997 City Manager's Report: Gameworks Similar Use Resolution J 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF A 6 SIMILAR USE, PURSUANT TO SECTION 20 -3.3 (C) (5) OF THE 7 LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S 8 RECOMMENDATION THAT A PROPOSED GAMEWORKS BE CLASSIFIED 9 AS SIMILAR TO THE PERMITTED USE GAME SHOP; PROVIDING 10 FOR SEPARATION OF USES IN THE ESTABLISHMENT, WHEREBY 11 FOOD SERVICE SHALL BE LICENSED AS A TEA ROOM AND 12 ALCOHOLIC BEVERAGE SERVICE SHALL BE LICENSED AS A 13 DRINKING PLACE WHICH ARE PERMITTED USES IN THE "SR" 14 SPECIALTY RETAIL ZONING DISTRICT; PROVIDING FOR 15 APPROVAL POWERS; AND, PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, Section 20 -3.3 (C)(5) of the Code states that: 19 20 (5) New or unlisted uses of similar nature. 21 22 (a) The director of ... Planning & Zoning ... shall consider 23 the nature of the proposed use, its compatibility with 24 other uses permitted in the various districts and 25 determine the zoning district or districts within which 26 the use should be permitted, if any. 27 28 (b) The City Manager shall transmit the findings and 29 recommendations of the Director of ... Planning & Zoning 30 ... for the classification proposed for any new or 31 unlisted use to the City Commission for review at its 32 next regularly scheduled meeting. 33 34 (c) The City Commission shall approve the recommendations 35 of the Director or make such determination concerning 36 the classification of the new or unlisted use as it 37 determines appropriate. 38 39 WHEREAS, no specific provision is presently made in the Code 40 for entertainment retail uses, such as the Gameworks use; and, 41 42 WHEREAS, Section 20 -3.3 (D) of the Land Development Code 43 provides for a Game Shop as a permitted use under the Retail and 44 Wholesale Trade section of the Permitted Use Schedule; and, 45 46 Gameworks Similar Use Resolution: March 4, 1997 1 20 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 WHEREAS, the Director has recommended to the City Manager that Gameworks be classified as a Game Shop and that such uses can only be deemed appropriate on a case -by -case basis; and, WHEREAS, the City Manager has concurred with the Director's recommendation regarding the classification of the Gameworks use. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The proposed Gameworks is classified as similar to the permitted use, Game Shop, and is, therefore, permitted in the "SR" Specialty Retail zoning district for this specific case; and, in accordance with the required parking for a Game Shop, the applicant is required to provide one (1) parking space for every three hundred (300) square feet of gross floor area. Section 2. The proposed areas on submitted plans labeled as a coffee station shall be licensed as a Tea Room; and, proposed areas on submitted plans labeled as a Brew Pub, including areas labeled as a kitchen, food & beverage [counter), and pool tables on Level 3 (roughly delineated by GRIDLINES 0 to S, a partial height wall, and a service /exit corridor) shall be licensed as a Drinking Place and required to provide one (1) parking space for every one hundred (100) square feet of gross floor area. 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. PASSED AND ADOPTED this 4th day of March, 1997. ATTEST: APPROVED: CITY CLERK VICE - MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Gameworks Similar Use Resolution: March 4, 1997 0 ... %reports 1 gameworks.doc 2 VO 1 r I r J to Fh �.J o-�- An O 1 s r elf K1 1 I \ 1 - l g .0 1� AC C I I .1 O Q .a N W Y V GC C J O y 3 � W W N 4 � 17 N �N I-- IL LU JUl o Z��m^ L .. u QT o IL ' N � — C Yk � O N • V � o. F- 1 W W ' � H 19 N r� pQQ - -- tL -- sit 1 _ R I ' � ► N 1 ; 3 LU 1 N m .� z .. n Glir N 1 I� M 1 a; N o a o '- o r, ° J � v ac v a Q O J I 4 � H W W Vf G '� I 0 JU J IN u �o 0 a� m v L� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: L. Dennis Whitt Date: February 11, 1997 City Manager O From: Bill Mackey, AICP ez1 Re: Gameworks Similar Use Request Director of Planning & Zoning GAMEWORKS SMULAR USE REQUEST Pursuant to the provisions of Section 20 -3.3 (C)(5) of the LDC, the proposed use, a Gameworks (an entertainment retail use), may be considered as a Game Shop, if ultimately approved by vote of the City Commission. The first step in this approval process is a written recommendation by the Director of Planning & Zoning to the City Manager regarding the nature of the proposed use. RECOMMENDATION: The proposed use can be compared to an indoor, electronic version of the kind of activities that occur along the boardwalks of the Northeast or the piers of southern California. From this point of view, the proposed use will be experienced as a modernized version of a very traditional form of entertainment (e.g., a school carnival, State Fair, or the aforementioned boardwalk and pier). The proposed use should be classified as a similar use.. The use closely relates to the kinds of uses which were already approved by the City Commission via the special exception process. In addition, the proposed resolution is structured to approve only this specific use as a similar use for this one -time only. Any future, proposed similar uses for the area should be reviewed under this process which requires the approval of the City Commission on a case -by -case basis. 20 GAMEWORKS FAQ What is GameWorks? GameWorks is a place to connect with new people, play the hottest games, kick back with friends and escape. It is a world of options where people can flex their senses. Whether you're looking to experience the high -amp excitement of the GameWorks Arena, or want to relax in the Loft with more traditional games, coffee and conversation, GameWorks has it all under one roof. GameWorks is the future of entertainment and it will change the way we interact forever. What was the vision behind the creation of GameWorks? The shared goal of Steven Spielberg, his partners and the entire GameWorks design team is to create an innovative, exhilarating one -of -a -kind entertainment experience where people come together to play and have fun. How much money was invested by each of the partners? What are the investment percentages? We are not disclosing exact percentages of each company's investment. All three of the prestigious and successful companies that are behind bringing GameWorks to life are equally excited about the venture. Each adds a unique set of capabilities and resources to the mix. They have chosen to be our investment partners because they believe in the concept and are confident that GameWorks will be a huge success worldwide. When is the first GameWorks going to open its doors? The first GameWorks in the United States will open March, 1997 in downtown Seattle. The second and third sites will open in Las Vegas and Ontario, CA, respectively, later in 1997. There are expected to be more than 100 GameWorks around the world by 2002. How large is each GameWorks? Each GameWorks is designed to mesh with the city or town that surrounds it, so each installation will have its own scope and scale. Flagship locations will measure anywhere from 30,000 square feet (such as the Seattle and Ontario sites) up to 50,000 square feet (the projected size of the Las Vegas location). ao GameWorks FAQ Page Two What's the overall design concept for GameWorks? A lot of thought was given as to how technology and architecture should be melded to encourage social interaction and the spirit of play. Everything — from the spacing between floors to stairway widths and even the length of opening cutaways — was designed around the idea of making GameWorks conducive for people to interact. By implementing innovative variations in lighting, sound level and design, every GameWorks location is zoned into three main areas, each of which reflects a specific energy level. These areas are: • The "Loading Dock": A high energy zone where the newest games will be featured and "audience- tested ". • The "Arena ": A high intensity area featuring several signature games designed exclusively for GameWorks. Cameras mounted around the Arena capture selected winners, projecting their faces onto twelve 6 -foot screens that surround the area. The "Loft": A more subdued environment where players can "cool down" and meet other players or non - players either on -line or face -to -face. The Loft will offer a variety of food and beverages and will feature classic games. How involved has Steven Spielberg been in designing GameWorks and the games themselves? Steven Spielberg has been closely involved in planning every aspect of GameWorks' overall design and many of the exclusive games that will be featured in every location. He visits the design set on a regular basis and continues to contribute hands -on direction at every phase of the project design. What games will be featured at GameWorks? Each GameWorks will offer a full spectrum of games, ranging from the most technologically advanced to the most traditional. Exclusively designed GameWorks motion simulation and networked multi - player games will be featured in every location, along with the most photo - realistic racing simulations and fighting games currently available. Visitors can also experience the latest on -line multi - player adventure and strategy games or simply surf the `net if they choose. GameWorks also offers everyone's favorite videogame classics such as PacMan, Asteroids, Pong and a wide variety of timeless games such as foosball, air hockey, pool and chess. GameWorks FAQ Page Four What kind of food and beverages will be served? A separate GameWorks dining area with table service will feature upscale food offerings, including gourmet pizzas and other specialty foods. Soft drinks and other popular beverages such as iced teas and bottled water will be also be served. In addition, a coffee bar will be featured. Will you have a bar serving alcohol? The GameWorks pub will feature fresh beer brewed on site, in addition to other beer and wine. High quality food will also be served in the brew pub. What innovative methods have you designed to facilitate people meeting each other? Meeting people is a major part of the GameWorks experience. GameWorks has utilized technology specifically to help guests meet other guests. Systems have been designed to send messages back and forth, allowing guests to talk online with their friends or to meet new people. The GameWorks information system will allow patrons to send notes, game challenges and even gifts to guests throughout the site. How will you pay for GameWorks? Will it be one charge for everything, like a theme park, or a pay -as- you -play system? GameWorks has devised a unique method of payment using smart cards which ensure that players will not have to carry handfuls of coins or wait in lines for individual tickets. These cards will be as easy to use as regular bank ATM cards. Will GameWorks offer a safe and fun environment? First and foremost, each GameWorks was designed to be a fun, safe and hassle -free place for people to play, relax and enjoy themselves. Each venue is designed to maximize open space, traffic flow and sound variations, thereby insuring a more immersive experience for each player according to his or her preference. In addition, each GameWorks will have its own security team which will be readily identifiable but not obtrusive. GAMEWORKS BACKGROUNDER "Playing is about fun, excitement, competition and bringing people. together. It's also about escape, adventure and connecting. It gives each person the chance to prove that he or she can be a star." — Steven Spielberg Caution: People (n. Play Throughout Time Ancient Roman Times: The crowds roar as the gladiators are brought in for battle, their armor gleaming brightly in the sun. The excitement reaches fever pitch as the competition is waged, each warrior fighting for his life. The audience is on its feet as the final blows are delivered, driving the champion on to glory. applaud wildly as the victor is escorted from the arena. Horns sound and the crowds Early 1800s: The town square is the center of activity in the Native American village of Acoma, New Mexico. Village residents are gathered in corners, talking sociably, as the children play in the square. The aftemoon passes quickly as the villagers discuss issues, eat heartily and watch the children play. 2005: New York City, Friday night: Tina checks her watch, it's a quarter to eight. It's time to go to the corner cyber- telepathy center in GameWorks New York, to celebrate her birthday with friends in Rio and Seoul, Miami and Los Angeles. Tina's excited to see everyone, even if it's only in her mind, and she looks forward to the relaxed feeling she experiences long after the computer connection is broken. Are these scenes from a far -away past, a glimpse of the not -so- distant future? They might be, but they all represent a timeless truth about human nature ... we love to compete, we love to socialize and we love to have fun. GameWorks: It's Here Now Today, all of these experiences are being combined into one entertainment concept that will radically change the way people play and interact. Combining the pulse - pounding adrenaline rush of a spectator event, the hyper - connectivity of the future and the communal spirit of a town square, GameWorks is nothing less than another world. It's a place where you can be the action or just watch it all happen. It's high -amp excitement, it's low -key relaxation. It's everything you could want in an entertainment experience and it's all under one roof. GameWorks Backgrounder Page Two Behind Stage 35: GameWorks' Design and Development Team The sign on the door reads "Absolutely No Visitors," but inside Soundstage 35 on the Universal backlot, the energy's humming. Under the visionary guidance of Steven Spielberg and the experienced leadership of Jon Snoddy (former executive of Disney Imagineering), the GameWorks design and development team is creating a high -octane fantasy world for people of all ages. The team, which is comprised of top talent from today's leading entertainment and interactive companies, has been working behind closed doors for a year to bring the GameWorks concept to life. Visitors managing to sneak onto Stage 35 instantly get the energy of GameWorks. Craftsmanship is at work everywhere, evidenced by the hand -drawn illustrations that line the walls, the computer - generated fly - throughs that loop continuously at workstations and the full - scale game and location models that partition floor space. The wide range of ideas and concepts being joined together to create this unique entertainment experience is reflected throughout Stage 35 by the unusual juxtaposition of elements — from high -tech videowall "sculptures" hanging over cozy living -room areas to state -of- the -art games displayed in open wooden crates. With Spielberg and Snoddy leading the way, the GameWorks design and development team is creating a high- octane fantasy world for people — from the diehard "twitch" gamer to the thirty - something couple looking for a cool new hang -out. Each GameWorks will reflect the vision of its creators, whether it's the 30,000- square -foot site due to open in Seattle in March 1997, the 50,000 square foot GameWorks set to open in Las Vegas later in 1997, or one of the 100 or so other GameWorks locations expected to open around the world in the next five years. The Games (E� GameWorks: Every GameWorks will feature the edgiest games from Sega and other top software developers. The games that will be available will shift and change according to feedback from players. Exclusive to GameWorks is a spectacular selection of originally designed GameWorks signature games. Conceived and created by Steven Spielberg and the GameWorks design team, these games challenge all the conventions of classic arcade and video games, taking the playing experience to extreme new levels. In Vertical Reality, four players at a time compete in a blazing vertical challenge game. Strapped into seats which can climb to heights of 24 feet, players race the clock as they take turns trying to outshoot bad guys — ascending as they succeed, descending as they get hit. Players become part of the game as they play, rising to new heights with each level they conquer. 20 GameWorks Backgrounder Page Three Other signature games including a sophisticated multi - player game and a three dimensional sound simulator game will be created by Steven Spielberg and the GameWorks team for the Arena. GameWorks offers the broadest selection of games available today, ranging from the most technologically advanced to the most traditional. Along with the most photo - realistic racing simulations and fighting games, visitors can also experience the latest in on -line multi - player adventure and strategy games. GameWorks also offers everyone's favorite videogame classics, such as PacMan, Asteroids, Pong, and a wide variety of timeless games such as pool, backgammon and chess. The GameWorks SportsZone also offers a full selection of classic sports games such as basketball, football and air hockey. The Plavers Q. GameWorks: At GameWorks, the player is the star attraction, the athlete playing center court. GameWorks combines the blistering pace and heart- racing action of the hottest games with the thrill of victory by instantly broadcasting a player's triumph to every corner of the site and, eventually, other GameWorks sites around the world. Spectators become part of the action too as they cheer on their favorite players or get so juiced that they choose to become challengers themselves. By broadcasting the action, GameWorks makes both being "plugged in" and "in the zone" a universal experience. GameWorks members will enjoy VIP privileges through frequent player programs and other exciting benefits. The Environment a. GameWorks: GameWorks' unique appeal lies in its design. Envisioned as an old game factory completely reoutfitted with the highest -end, most state -of -the -art entertainment, GameWorks combines retro- hip with a progressive edge. By implementing innovative variations in lighting, sound level and design, every GameWorks will be broken up into three distinct "zones. "' Each of these zones reflects a different energy level, offering unlimited options to all types of visitors. The three zones include: The Loading Dock is the high - energy zone where the newest arcade games will be "unloaded" straight from the delivery truck and immediately put to the test by hard -core game enthusiasts of all ages. A combination of industrial and warehouse, the Loading Dock has the look, feel and pulse of an underground nightclub. GameWorks Backgrounder Page Four Often described by its creators as "Spielberg's three -ring circus," The Arena is the hub of the GameWorks action. Surrounded on all sides. by enormous video screens, the Arena is where the players become the stars, highlighted onscreen as they win. GameWorks' signature games and a wide variety of the most advanced photo - realistic games add to the excitement of this high- energy nerve center. Wood floors, comfortable chairs and a quiet atmosphere set The Loft apart from the high -tech razzle - dazzle of GameWorks' other areas. The Loft is a calmer area where quieter activities and games are played in a warm atmosphere of friendly conversation and concentration. Networked Internet consoles scattered throughout the area allow people to surf the Net or to connect (via intranet capabilities) with each other online. A separate GameWorks dining area with table service will feature upscale food offerings including gourmet pizzas and other specialty foods. The GameWorks pub in The Loft will feature fresh beer brewed on site, in addition to other brews and wine. The Loft is also the place to go for a cup of coffee and casual meetings. The GameWorks Vision: The goal of the GameWorks design team is to raise interactive game playing to center stage, to make it intrinsic to today's social fabric. As the levels of technology in daily life increase and the comfort level with interactivity becomes universal, GameWorks' creators believe that GameWorks will actually change the way America plays and interacts. GameWorks is the main business of Sega GameWorks L.L.C. Other Sega GameWorks activities include Games Operations, which owns and operates numerous arcade and SegaCityTM locations, and Sega Game Sales, the exclusive distributor of Sega arcade games for North and South America. The managing members of Sega GameWorks are wholly -owned subsidiaries of each of Sega Enterprises, DreamWorks SKG and MCA. MCA INC. is a unit of The Seagram Company Ltd., a global beverage and entertainment company. �. Ro GAMEWORKS CONCEPT: FIRST LOCATION: FOR MORE INFORMATION: Melissa Schumer Sega GameWorks (818) 509 -7383 Kim Sudhalter Rogers & Cowan (310) 201 -8866 GAMEWORKS IN PROGRESS FACTSHEET Imagine another world where the future and past blend seamlessly together, a place where the most advanced interactive technology of tomorrow is set against the natural backdrop of a 19``' century factory. This is the vision behind the look and feel of GameWorksTM, a new entertainment venture inspired by Steven Spielberg and a hand- picked team of top industry talent. As envisioned, GameWorks is a place where people can go to connect with each other, whether it's to play the hottest games, relax with friends or to meet new people. GameWorks' different "zones" offer varying experiences, whether it's hard -core and high - energy, adventurous and mind - consuming, or calm and contemplative. GameWorks' main areas are the Loading Dock, an intense, competitive zone where the newest bleeding -edge games will be worked over and put to the test; the Arena, a high - energy communal area featuring GameWorks signature simulation and multi - player games; and the Loft, a relaxing environment which offers a variety of classic videogames, traditional games and Internet activities, along with food, beverages and a brew pub. Downtown Seattle, Washington (7`' & Pike) m GameWorks Fact Sheet Page Two OPENING DATE: March, 1997 SIZE: 30,000 square feet OTHER OPENINGS: The second and third GameWorks sites are scheduled to open in Las Vegas in May 1997 (a 50,000 square foot location) and Ontario, CA in the summer of 1997. There are expected to be more than 100 GameWorks around the world by 2002. GAMEWORKS GameWorks is the main business of Sega GameWorks L.L.C. & PARTNERS: Other Sega GameWorks activities include Games Operations, which owns' and operates numerous arcade and SegaCityT" locations, and Sega Game Sales, the exclusive distributor of Sega arcade games for North and South America. The managing members of Sega GameWorks are wholly -owned subsidiaries of each of Sega Enterprises, DreamWorks SKG and MCA. MCA INC. is a unit of The Seagram Company Ltd., a global beverage and entertainment company. PRMPE February 12, 1997 Via Fax 305/666 -4591 and Regular Mail Mr. Bill Mackey City of South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Re: Sega Gameworks Shops at Sunset Place Dear Bill: We appreciate all the help you have been on the Gameworks approvals. I have gone through the code sections and have summarized my thoughts and understanding. Under Section 20- 3.3, specifically, in Section C, the permitted uses are those which are designated with a "P" (permitted by right), and "S" (special use which may be permitted if certain conditions are met). Unlisted uses go through a different process. Under the new or unlisted uses, it appears that one has the ability to consider the nature of the proposed use and its compatibility with other uses in the district and in the project. The City Manager can then transmit findings and recommendations to the City Commission which it appears has the ability to determine appropriateness. Under the land development code, there are permissive uses which seem to apply, at least in part. There are aspects of the use which are consistent with and compatible with the following uses: • Consumer electronics • Drinking place • Hobby, toy or game shop • Restaurant, general • Restaurant, walk-up • Sporting goods There are also aspects of the use which are compatible with and similar to certain uses listed in the Hometown Overlay Ordinance as follows: • Consumer electronics • Drinking place • Hobby, toy or game shop • Restaurant, general or walk -up • Restaurant, small NATIONAL CITY CENTER POST OFFICE BOX 7033 INDIANAPOLIS, INDIANA 46207 317. 636 -1600 in Mr. Bill Mackey February 12, 1997 Page Two The Gameworks facility, as described in the information we had sent previously, is most accurately described as an interactive entertainment center. Or, possibly more generally, as a fun, family oriented retail facility providing technologically based interactive and non - interactive electronic entertainment which may include large scale attractions, ride simulators, electronic games, internet games, redemption games, and other virtual reality equipment and attractions along with an upscale restaurant and coffee bar. The concept behind Sega Gameworks is described, by them, as follows: Imagine another world where the future and past blend seamlessly together, a place where the most advanced interactive .technology of tomorrow is set against the natural backdrop of a 19th century factory. This is the vision behind the look and feel of GameWorks"m, a new entertainment venture inspired by Steven Spielberg and a hand - picked team of top industry talent. As envisioned, GameWorks is a place where people can go to connect with each other whether it's to play the hottest games, relax with friends or to meet new people. GameWorks has been designed specifically to offer a variety of adventures to all people. GameWorks' different 'zones" contribute to the varying experiences, whether it's hard -core and high- energy, adventurous and mind - consuming, or calm and contemplative. Food, beverages, and merchandise will also be offered at GameWorks to enhance the Guests' stay. GameWorks' main areas are the Loading Dock, the Arena and the Loft. The Loading Dock is an intense, competitive zone where the newest state of the art games will be worked over and put to the test. In this area, hard -core garners will enjoy high energy music and the pulsing pace of competition. The Arena is a high - energy communal area which features GameWorks proprietary simulation and multi - player games. The Arena's hyper - realistic signature games will appeal to a n.cre adventurous crov d. And the Loft, a relaxing environment which offers a variety of classic video games, traditional games and Internet activities; along with food and beverage, and a bar area. People looking for a more relaxing experience will enjoy the Loft's laid -back atmosphere and low -key environment. Each GameWorks will offer a full spectrum of games, ranging from the most technologically advanced to the most traditional. Exclusively designed GameWorks motion simulation and networked multi - player games will be featured in every location, along with the most photo - realistic racing simulations and action /adventure games currently available. Visitors can also experience the latest on -line multi - player adventure and strategy games or simply surf the "net" if they choose. GameWorks also offers everyone's favorite video game Mr. Bill Mackey February 12, 1997 Page Three classics such as PacMan, Asteroids, Pong and a wide variety of timeless games such as foosball, air hockey, pool and chess. To enhance the technology driven experience of GameWorks a unique method of payment using smart cards has been devised which ensure that players will not have to cant' handfuls of coins or wait in lines for individual tickets. These cards will be as easy to use as regular bank ATM cards. The system works as follows: a teller dispenses (sells) and adds value to the smart card. Guests will purchase the initial card and then "fill" the card with value. The teller will accept $1, $5, $10, $20, $50, and $100 bills. The unit'also accepts major credit cards for convenience. Printed operating instructions and the display guides the Guest through the steps to purchase a card or revalue it. After purchasing the card, a guest can use any game or purchase food, beverage or retail merchandise. Each reader which is attached to the game or point of purchase which keeps track of the games played or item purchased and deducts the value from the card. If the Guest plays a redemption game, the points are also tracked and added to that same card for redemption use at a later date. The project is going to be laid out in a very aesthetically and architecturally pleasing environment over three levels within the center. We are extremely excited to be selected by Gameworks as the location of choice for the Miami area and would ask that you schedule us for the March 4 hearing for a presentation to the City Commission. At that hearing, I will have representatives from Gameworks come to make a presentation. Thanks again. I look forward to your input. Sincerely, SIMON TTOLO GROUP Thomas J. Schneider Senior Vice President - Development TJS /tlk/02127ts2 cc: Janice Miller - GameWorks Ed Latessa J.B. Turbidy February 7, 1997 ,M Mr. L. Dennis Whitt City Manager, City of South Miami City Hall r 6130 Sunset Drive South Miami, FL 33143 ; D,„ PLAI',i"N'1 �, i ti IS;Jt W RE: Gameworks 11�i Shops at Sunset Place Dear Dennis: Attached is some information that was in the January 30th issue of U.S.A. Today. The information talks about the Gameworks project in Seattle and the concept generally. We are under a fairly specific time frame with Gameworks. One of the triggers is that we have to be able to represent that we have rights to open the premise in the shopping center. At a date certain, they would have the right to terminate at which point we would be liable for damages if these permits are not in hand. I would appreciate it if you could let us know how to proceed. I would be glad to work with you long distance, come down to work out the details at any time in the next couple of weeks or schedule a meeting with you on the 24th when I am planning to be in South Miami for other meetings. It is also important that we come to resolve the outside seating calculations. We appreciate your guidance and will be in touch next week to ascertain a meeting schedule. Sincerely, SIMON DEBARTOLO GROUP Thomas J. Schneider Sr. Vice President - Development TJS:nr cc: Eddie Latessa Bill Mackey, City Planner, City of South Miami w /encis. J.B. Turbidy NATIONAL CITY CENTER POST OFFICE BOX 7033 INDIANAPOLIS, INDIANA 46207 31 - -636 -1600 20 V i:A 1 1. •�. 4.+P )¢ �i�� `_i���Y,� �' >> • ,.i„ .��. ., ro � � ; � y r� r ACT jil . � ; l rt • r�� � V v, .7'. ! � � jet, d! • '' � .' •amt, 'p, Yt �' 9 C�F•. :'�� jar;... �h`�.' • � �.., • 'p, COVER STORY Gaming is the latest attraction for Spielbergw', By Bruce Haring USA TODAY Get set to be dazzled by film director Steven Spielberg's next big pro- duction. No, not his sequel to Jurassic Park, sched- uled for release this May. Before then comes Vertical Reality, a 30- foot -high, four - player interactive ride that's the signature piece of GameWorks, a combination high -tech arcade, restaurant /cof- feehouse /bar and Inter- net lounge set to open in March in Seattle. A joint venture of Spielberg's Dream - Works SKG, Universal Studios and Sega, this newest leap in razzle- dazzle entertainment centers seeks to elevate techno game - playing "from an arcade level to an electronic sporting arena that is also a positive social environment," Spielberg says. Or, as GameWorks CEO Michael Mont- gomery puts it, "The idea is sort of a town hall for the MTV generation." Industry watchers are cautious. "Clearly the Spielberg name will attract people in the door the first time," says John Porter, a video game analyst with Arcadia In- vestments of Portland, Ore. "The question is: Will the entertainment be cool enough and provide a robust enough experience to attract them back a second and third time ?" Spielberg and his partners have kept a By Bob Rho Jr., USA TODAY Montgomery: He considers GameWorks a 'town hall for the MTV generation.' tight lid on specifics, but they're clearly confi- dent. Beyond .Seattle; other GameWorks are scheduled to open Iater this year in Las, Vegas (the la:'geaL all square feet),. Dallas,.:,,.,, Phoenix and • Ontario,° Calif. All will feature at- :1 tractions designed ,by Spielberg and a 30- per:.' son team led, by Jon. Snoddy, a former. ,Dis- . ney "imagineer" whose credits include Disney- , land's The Indiana Jones Adventure ride. "With a theme park, you can build one thing every few years," Snoddy says. "It's very frustrating for design- ers." Conversely, GameWorks can turn- . around new ideas in an "astounding' matter of weeks, Snoddy says. The dream of creating a high -tech gaming,: environment has been long-held by Spiel- berg, Snoddy and other company executives. . As a result, 'they're not cutting corners on.. costs. Although declining to reveal exactly.. how much is being spent, Snoddy says, "This ; is a Spielberg production, so it'll be enough:.,' -,' It's what it takes to get it right." Spielberg, caught between . final . edits on.:.: the Jurassic Park sequel The Lost World and the beginning of production on a new.Alm,' says his interest in games goes way back:r" ,'i;:-; "As a kid, I was a big fan of the game on� Atli Please see COVER STORY next page �r ,I "YC0De.J'..UJA IUUR' Virtually in charge: Jon Snoddy, a former Disney 'imagineer,' is the leader of Spielberg's 30- person team responsible for designing GameWorks attractions. NtTofl.,s.expected to spend $ZU per visit Continued from ID nect the Dots," he recalls. "Then, in. the 1970s, while we were filming Jaws, Richard Dreyfuss and I would sneak off the set and spend hours at the local arcade playing Pon& which j was actually nothing more than a new.version of Connect the Dots. As the technology and the games be- came more advanced, so did my in- terest." Vertical Reality is an example of how far game technology has ad- vanced. The towering ride with its four chairlifts is apt to be the first' thing seen by visitors to GameWorks. High resolution video projectors cre- ate the illusion that a skyscraper is. inside the building. The environment is a cashless so- ciety. As they enter, GameWorks players will obtain special debit cards that are electronically charged with a cash value. Then they'll move through The Arena, a raucous entry- way into the GameWorks .world filled with video and music. A mezzanine bar allows spectators to scope out The Arena's biggest at- f tractions. In Seattle, that means Ver- tical Reality as well as an eight -play- er 3-D sound simulator game (not yet named) and an eight - player India- napolis 500 race simulator. To ride •Verti;cal I Fe al it—y—, p I a —ye rs' -are strapped into seats that climb the side of the virtual building. As the seats begin to rise, players shoot it out with cyborgs developed by mad scientist Mr. Big. Players go higher when they hit cyborgs; when cyborgs hit them, a player's chair drops. At $445 per ride, Vertical Reality is one of the most expensive GameWorks games; the average will be 75 cents - $1.50. Developers expect customers — they're targeting ages - 20 to 35 — to spend $20 per visit on games, food and merchandise. Not everything inside GameWorks will be as cutting -edge as Vertical . Reality. Many attractions, in fact, will be versions of current PC and console games. But every experi- ence will be geared toward human interaction. "The concept is it's a central place for people to go to meet other people. and have fun together," says CEO Montgomery. "This is all about social interaction. It's not about playing you against the game. It's playing you against your friend or against eight people." As additional locations open, visi- tors will be able to compete against players in other cities. "We really think we'll become a force in the in- teractive gaming market and have 119 ti �'y I. v � r.y. � lFts• �a; ���i. RtJI fY i�[ T 4+1� M 1yy` i F t rµll s "YC0De.J'..UJA IUUR' Virtually in charge: Jon Snoddy, a former Disney 'imagineer,' is the leader of Spielberg's 30- person team responsible for designing GameWorks attractions. NtTofl.,s.expected to spend $ZU per visit Continued from ID nect the Dots," he recalls. "Then, in. the 1970s, while we were filming Jaws, Richard Dreyfuss and I would sneak off the set and spend hours at the local arcade playing Pon& which j was actually nothing more than a new.version of Connect the Dots. As the technology and the games be- came more advanced, so did my in- terest." Vertical Reality is an example of how far game technology has ad- vanced. The towering ride with its four chairlifts is apt to be the first' thing seen by visitors to GameWorks. High resolution video projectors cre- ate the illusion that a skyscraper is. inside the building. The environment is a cashless so- ciety. As they enter, GameWorks players will obtain special debit cards that are electronically charged with a cash value. Then they'll move through The Arena, a raucous entry- way into the GameWorks .world filled with video and music. A mezzanine bar allows spectators to scope out The Arena's biggest at- f tractions. In Seattle, that means Ver- tical Reality as well as an eight -play- er 3-D sound simulator game (not yet named) and an eight - player India- napolis 500 race simulator. To ride •Verti;cal I Fe al it—y—, p I a —ye rs' -are strapped into seats that climb the side of the virtual building. As the seats begin to rise, players shoot it out with cyborgs developed by mad scientist Mr. Big. Players go higher when they hit cyborgs; when cyborgs hit them, a player's chair drops. At $445 per ride, Vertical Reality is one of the most expensive GameWorks games; the average will be 75 cents - $1.50. Developers expect customers — they're targeting ages - 20 to 35 — to spend $20 per visit on games, food and merchandise. Not everything inside GameWorks will be as cutting -edge as Vertical . Reality. Many attractions, in fact, will be versions of current PC and console games. But every experi- ence will be geared toward human interaction. "The concept is it's a central place for people to go to meet other people. and have fun together," says CEO Montgomery. "This is all about social interaction. It's not about playing you against the game. It's playing you against your friend or against eight people." As additional locations open, visi- tors will be able to compete against players in other cities. "We really think we'll become a force in the in- teractive gaming market and have 119 sort of a virtual competitive world," Montgomery says. We think tourna- ments are going to be a big hit with us. People love competing with somebody virtually." Borrowing a phrase from Shake- speare, the player's the thing at GameWorks. Rather than give away stuffed animals, GameWorks will re- ward winners with visibility. Select- ed winners will get the star treat- ment by being bathed in spotlights and having their faces plastered on 12 6 -foot screens throughout the fa- cility and at other sites. Visitors who want a temporary re- spite from the noise can kick back in The Loft, which features such classic arcade games as Ms. Pac -Man, As- teroids and Centipede as well as pool tables, pinball, a jukebox, a coffee vendor, a restaurant and a bar serv- ing beer and wine. The Loft is also a place to log on to the Internet. Among the special in -house software features: Each visitor can get a per- manent GameWorks e-mail address and his or her own Web page. Despite the multitude of attrac- tions, GameWorks is not. without competition in an industry that has had its ups and downs. Dave and Buster's, a Texas -based restaurant and entertainment center with nine outlets nationwide, has been a hit. But the Discovery Zone, which tried a youth - oriented entertainment and exercise mix, last year filed for Chapter 11 bankruptcy protection. Similarly, Blockbuster's Block Party entertainment centers have not cre- ated much of a stir since being intro- duced two years ago. Also scrumming for the same dol- .. lar are Club Disney family entertain - ment centers and Iwerks' Cinetropo- ` lis mini - parks. And Sega itself has some family entertainment centers and plans to open more. The estimated billion - dollar enter- tainment center industry has been abuzz about GameWorks' prospects, says Bailey Beekan of the Interna- tional Association of Family Enter- tainment. "It's exciting to see some - one (Spielberg) who might bring•in a whole different take." Other industry observers are less ;r effusive. Marcus Webb, managing editor of amusement industry maga- zine Replay, declined to predict how the company will do for fear of ruf- fling some feathers in the trade. "For r some, Sega is a competitor." GameWorks' competition, howev- er, goes beyond location -based enter -s. tainment centers, Montgomery says, ' noting that all game developers, not just Sega, contribute to GameWorks. And what will bring; the crowds:' "You've got a date or you're just with a bunch of friends and you're going +` out to go do something. What options do you have ?" Montgomery asks. Then, answering his own question, Y he says: "Sporting events, bars, bowl- ing alleys. Hopefully, at this point in time, there's nobody doing exactly what we're doing. They'll pop up, though." THURSDAY, JANUARY 30,1997 A ���cJ'Orl�ii- ��`1�ZG• L. DENNIS WHITT CITY MANAGER February 6. 1997 Thomas J. Schneider. Sr. Vice President Simon Property Group. National City_ Center P.O. Box 7033 Indianapolis, Indiana 42607 Dear Mr. Schneider: 6130 SUNSET DRIVE SOUTH MIAMI. FLORIDA 33143 305/6636338 FAX 6636345 This letter is in response to your correspondence, dated January 14. 1997, and our subsequent meetinu, reaardin`; your concerns related to (1) outdoor seating in conjunction with restaurant uses and (2) a proposed tenant to be known as '`Gameworks" for the Shops at Sunset Place. The City Commission has already_ addressed the issue of outdoor seating for restaurant uses and has instructed staff to prepare an ordinance for first reading_. First reading is currently scheduled for February 18, 1997. :although this item will not be a public hearing, you may wish to attend. Regarding your request for a new, unlisted use under Section 20 -3.3 (C)(5) of the City's adopted Land Development Code, you need to initiate the process by submittal of a letter to Bill %'Iackey, in order to request his determination. You should include a description of your use and the specific permitted use to which your use is similar. All permitted uses for your property are listed in the Permitted Use Schedule under Section 20 -3.3 (D) and are indicated by the symbol "P" whenever it is located in the column identified as "SR." In addition. you may also utilize the permitted use list for the Hometown District under Section 20 -7.12 "Permitted uses. *' Submittal of your letter will initiate the process which will ultimately be decided by vote of the Citv Commission. The City Commission's decision will take the form of a resolution. This process does not require a public hearing= and may be heard and resolved at a sinale meetin <_. Thank you for your inquiry. Sincerely. L. Dennis Whitt (.'in- Ma/rager Mayor & City Commissioners SIIviON PROP MYi G� January 14, 1997 Mr. L. Dennis Whitt City Manager, City of South Miami City Hall 6130 Sunset Drive South Miami; FL 33143 RE: Gameworks /Restaurant Seating Dear Dennis: 00FIV Jt�i � 0 i 7 1 I appreciated the time we were able to spend while I was in Sol{ih Miami last week. I know there were a few items on our agenda which needed additional research and I look forward to your preliminary findings. As we move forward in our leasing, it is going to be very critical to confirm that outside seating is not included in the calculations of the square footage for restaurant uses (which are limited by our development order). I will follow -up with you and the end of the week to see what you think the resolve of this issue will be. Also, we are moving forward diligently in consummation of the lease with the Gameworks concept. While at first blush one might think this is an arcade which is specifically set forth in the permitted use schedule, we truly believe that this is a new, unlisted use. We believe that after you read the Gameworks information, you will concur that the use is quite compatible with the mix of tenants generally and third floor lineup at The Shops at Sunset Place and specifically on the third floor. We look forward to your recommendation. I will look forward to speaking with you at the end of this week for an update. If you "ave any questions or need any additional information, please call. Sincerely, SIMON DEBARTOLO GROUP Thomas J. Schneider . Sr. Vice President - Development `fit cc: J.B. Turbidy NATIONAL CITY CENTER POST OFFICE BOX 7033 INDIANAPOLIS, INDIANA. -16207 317 -636 -1600 X I 1 L;9'i f» - �2 r �+ �'F1 S. Jt�i � 0 i 7 1 I appreciated the time we were able to spend while I was in Sol{ih Miami last week. I know there were a few items on our agenda which needed additional research and I look forward to your preliminary findings. As we move forward in our leasing, it is going to be very critical to confirm that outside seating is not included in the calculations of the square footage for restaurant uses (which are limited by our development order). I will follow -up with you and the end of the week to see what you think the resolve of this issue will be. Also, we are moving forward diligently in consummation of the lease with the Gameworks concept. While at first blush one might think this is an arcade which is specifically set forth in the permitted use schedule, we truly believe that this is a new, unlisted use. We believe that after you read the Gameworks information, you will concur that the use is quite compatible with the mix of tenants generally and third floor lineup at The Shops at Sunset Place and specifically on the third floor. We look forward to your recommendation. I will look forward to speaking with you at the end of this week for an update. If you "ave any questions or need any additional information, please call. Sincerely, SIMON DEBARTOLO GROUP Thomas J. Schneider . Sr. Vice President - Development `fit cc: J.B. Turbidy NATIONAL CITY CENTER POST OFFICE BOX 7033 INDIANAPOLIS, INDIANA. -16207 317 -636 -1600 X I CITY OF SOUTH MIAMI ................. INTER-OFFICE MEMORANDUM To: Mayor and Commission .4 From: LAD Zenni s 4� City Manager lt _ � Date: February 28, 1997 Agenda Item# Z / Subject: Commission Meeting 3/41197 Ordinance Revising City Code The City Commission directed that the City Code of Ordinances be revised. This ordinance will amend Chapter 2, Article 1, Section 2-2.2, deleting an exception to No-smoking in the Commission chambers in City Hall. Currently that sections permits smoking in a specified section of the chamber if the audience consists of 25 people or less. This ordinance makes the Commission Chamber "smoke-free" under all circumstances. It is in compliance with FS Chapter 386, Part 11, Indoor Air; Tobacco Smoke. .- 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DELETION OF EXCEPTION TO NO- SMOKING IN COMMISSION CHAMBERS IN CITY HALL,AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 -2.2, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 2, Article 1, Section 2 -2.2 of the City Code of Ordinance provides an exception which allows smoking of tobacco products in the south side of the Commission Chambers when attendance consists of twenty -five (25) people or less; and, WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up -to -date by deleting obsolete material, and by adding legislation which has been adopted and not yet incorporated in the most current official Code of Ordinances. WHEREAS, the City Administration, in response to the direction of the City Commission, presents this amendment which complies with F.S. Chapter 386, Part II, Indoor Air; Tobacco Smoke. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. To amend Chapter 2, Article I, Section 2- 2.2 of the City Code of Ordinance deleting the exception. This section currently reads as follows: The smoking of tobacco products in the commission chambers of the city hall while the city commission and the planning board are in regular or special session is hereby prohibited unless the attendance consists of twenty -five (25) people or less in which case smoking will be permitted on the south side of the commission chambers. Section 2. If adopted by the City Commission Article I, Section 2 -2.2 will be amended by deleting text indicated below by "strike- through." The smoking of tobacco products in the commission chambers of the city hall while the -ei av „-ar Sp_ C_a plan beard - rg 4P4s7 Ai is hereby prohibited unless the — attendance— eeeftsis-tsg five (25) people —er less 'rr er— �z—eas_ ease—smoking wi11 be Plerni i_t_e en tie- seu-th side ---f -1 he commission —cu.- bees . 21 1 2 •3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 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 1997. ATTEST: City Cler READ AND APPROVED AS TO FORM: City Attorney day of r1122,106 t 303 Vice Mayor 1/ CITY OF SOUTH MIAMI v INTER- OFFICE MEMORANDUM To: Mayor and Commission From. L. Dennis City Manager Date: February 28, 1997 Agenda Item # ZZ Subject: Commission Meeting 3/4//97 Ordinance Revising City Code The City Commission directed that the City Code of Ordinances be revised. This ordinance will amend Chapter 2, Article 1, Section 2- 2.1(MI) (e) deleting language requiring that ordinances be read in their entirety when presented as agenda items. 1990 Charter Revisions included this change, but it has not been incorporated into the City Code of Ordinances. This will update that section. 1 2 3 4 5 G 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,AMENDING CHAPTER 2, ARTICLE I, SECTION 2- 2.1(M) (e) DELETING LANGUAGE REQUIRING THAT ORDINANCES BE READ IN THEIR ENTIRETY WHEN PRESENTED AS AGENDA ITEMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up -to -date by deleting obsolete material, and by adding legislation which has been adopted and not yet incorporated in the most current official Code of Ordinances. WHEREAS, the City Administration, in response to the direction of the City Commission, presents this amendment revising the code to comply with the City's 1990 Charter Revisions which removed the requirement that ordinances presented as agenda items be read in their entirety. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. To amend Article I, SECTION 2- 2.1(M) (e)which currently reads as follows: When ordinances or resolutions are presented as agenda items, the ordinances shall be read in their entirety and the resolutions shall be read by their titles only. After said reading, a motion, duly seconded, shall be required before any further consideration may be had on the proposed ordinances or resolutions. Proposed ordinances and resolutions may be introduced at a regular meeting of the commission and a formal vote thereon may be taken. Proposed ordinances acted upon favorably shall be automatically placed for second reading on the agenda of the next regular meeting. Proposed resolutions acted upon favorably by a majority of the commission present shall become effective immediately. Section 2. If adopted SECTION below by 2-2.1(M) (e) will be "strike- through." by the City Commission, Article I, amended by deleting text indicated When ordinances or resolutions are presented as agenda items, the ordinances shall be read in their ___ ___ _ _i and the 2Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 resolutions shall be read by their titles only. After said reading, a motion, duly seconded, shall be required before any further consideration may be had on the proposed ordinances or resolutions. Proposed ordinances and resolutions may ..be introduced at a regular meeting of the commission and a formal vote thereon may be taken. Proposed ordinances acted upon favorably shall be automatically placed for second reading on the agenda of the next regular meeting. Proposed resolutions acted upon favorably by a majority of the commission present shall become effective immediately. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 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 day of , 1995. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 4?z