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07-22-97MAYOR: Anna M. Price, Ph.D. VICE MAYOR: Julio'Robana COMMISSIONER: Armando Oliveros, Jr. COMMISSIONER: David D. Bethel COMMISSIONER: R. Paul Young, Ed.D. CITY COMMISSION AFTER ACTION SUMMARY Regular City Commission Meeting Meeting date: July 22, 1997 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: July 29, 1997 Phone: (305) 663 -6340 Time: 7:30 PM CONSENT AGENDA RESOLUTION NO. 122 -97 -10092 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; APPOINTING MR. C. DAVID MORTON TO SERVE FOR A TWO YEAR TERM ENDING JULY 22, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Price) 3/5 RESOLUTION NO. 123 -97 -10093 6 A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ENDORSING THE CANDIDACY OF VICE MAYOR JOHN KURZMAN FOR THE POSITION OF 2' VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES, INC. (Mayor Price) 3/5 RESOLUTION NO. 124 -97 -10094 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FALL OF 1997 TO DEVELOP AND PROVIDE THE APPROPRIATE FUNDING AND LEVELS OF FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE STATE. (Mayor Price) CITY COMMISSION AFTER ACTION 1 SUMMARY JULY 22, 1997 3/5 RESOLUTION NO. 125 -97 -10095 8. A° RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ENDORSING METROPOLITAN_DADE COUNTY'S WAGES COALITION. (Mayor Price) 3/5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY, FEES ASSESSED AGAINST MS. MARGARET HARNDEN. (Commissioner Young) 3/5 PLEASE NOTE: This item was removed from the Consent Agenda by Commissioner Oliveros RESOLUTION NO. 126 -97 -10096 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF A PAINT SPRAYER FOR THE USE OF FIELD PAINTING FOR VARIOUS SPORTS EVENTS FOR THE PARKS & RECREATION DEPARTMENT OF $1,260.00 AND PROVIDING FOR DISBURSEMENT FROM PARKS & RECREATION DEPARTMENT ACCOUNT NUMBER 2000- 6430, "EQUIPMENT OPERATING ". (Administration /Parks & Rec.) 3/5 RESOLUTION NO. 127 -97 -10097 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE ACCEPTANCE OF DONATIONS TO - OFFSET THE COST OF THE FOURTH OF JULY CELEBRATION OF $1,_900.00' AND AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,900.00 FROM ACCOUNT NUMBER 131 -100, "DONATION -. (Administration /Parks & Rec.) 3/5 RESOLUTION NO. 128 -97 -10098 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $4,300 TO M.E.E.I., INC. (MOBIL EMERGENCY EQUIPMENT INSTALLERS, INC.) AND CHARGING THE DISBURSEMENT' TO ACCOUNT NO. 1910- 4620, "MAINTENANCE AND REPAIR OF EQUIPMENT" FOR THE INSTALLATION AND REPAIR OF EQUIPMENT INTO THE SEVEN NEW 1997 POLICE VEHICLES. (Administration /Police Dept.) 3/5 CITY COMMISSION AFTER ACTION 2 SUMMARY - JULY 22, 1997 12 . RESOLUTION NO. 129 -97 -10099 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,900.00 TO J.A.M. WELDING SERVICE FOR PERFORMING VARIOUS BODY AND FRAME MODIFICATIONS TO 'A PUBLIC WORKS TRASH CRANE TRUCK AND CHARGING THE DISBURSEMENT TO ACCOUNT 'NUMBER 1760-519 - 4680, - MOTOR POOL DIVISION MAINTENANCE, OUTSIDE SERVICES". (Administration /Public Works) 3/5 RESOLUTION NO. 130 -97- 10100 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPLANTING RESOLUTION NO. 62 -97 -10033 APPROVED IN APRIL, 1997, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,866.20 TO QUALITY CHEMICAL CO., INC. FOR THE PURCHASE OF 15 STREET LITTER RECEPTACLES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1730 -541- 6430, "STREETS DIVISION EQUIPMENT OPERATING". (Administration /Public Works) 3/5 RESOLUTION NO. 131 -97- 10101 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 $4,516.65 TO SEARS INDUSTRIAL SALES FOR THE PURCHASE OF TOOL SETS FOR THE MOTOR POOL SHOP AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 - 519 -4620, -MOTOR POOL DIVISION - OPERATING EQUIPMENT-. (Administration /Public Works) 3/5 RESOLUTION NO. 132 -97 -10102 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCINSION OF RESOLUTION NUMBER 118 -97- 10088, AND AUTHORIZING THE CITY MANAGER TO ENGAGE AMI COMPUTER SERVICES FOR THE ANNUAL MAINTENANCE OF CITY PC EQUIPMENT'. (Administration /Finance Dept.) 3/5 CITY COMMISSION AFTER ACTION 3 SUMMARY JULY 22, 1997 Moved by Vice Mayor Robaina, seconded by Commissioners Bethel and Oliveros to approve the Consent Agenda. Motion passed by a 5 -0 vote. Commissioner Bethel; Yea; Commissioner Oliveros: Yea; Vice Mayor Robaina: Yea; Commissioner Young Yea; Mayor Price: Yea. ORDINANCE(S) SECOND READING & PUBLIC HEARING(S) There were none RESOLUTION(S) PUBLIC HEARING RESOLUTION NO. 133 -97 -10103 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL ", PURSUANT TO SECTION 20- 3.4(8)(4) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 4/5 Moved by Vice Mayor Robaina, seconded by Commissioner Bethel to approve this item. Motion 'passed by a 5 -0 vote: Commissioner Bethel: Yea; Commissioner Oliveros: Yea Vice Mayor Robaina: 'Yea; Commissioner Young: Yea; Mayor Price: Yea. RESOLUTION NO. 134 -97 -10104 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL PARKING PERMIT ALLOWING A 48% REDUCTION OF REQUIRED PARKING FOR METRORAIL CONSIDERATION, PURSUANT TO SECTION 20- 4.4(H) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND', PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 3/5 Moved by Commissioner Young, seconded by Vice Mayor Robaina to approve this item. Motion passed by a 5 -0 vote: Commissioner Bethel: Yea; Commissioner Oliveros: Yea; Vice Mayor Robaina: Yea; Commissioner Young: Yea; Mayor Price: Yea. CITY COMMISSION AFTER ACTION - 4 SUMMARY - JULY 22, 1997 RESOLUTION NO. 135 -97 -10105 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE, PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH, DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 4/5 Moved by Commissioner Young, seconded by Commissioner Bethel to approve this item. Motion passed by a 5 -0 vote. Commissioner Bethel: Yea; Commissioner Oliveros: Yea; Vice Mayor Robaina: Yea Commissioner Young: Yea; Mayor Price: Yea. RESOLUTION NO. 136 -97 -10106 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPLICATION FOR A PLANNED 'UNIT DEVELOPMENT- RESIDENTIAL [PUD -R] FOR PROPERTY LOCATED ROUGHLY BOUNDED BY S.W. 57 AVENUE (RED ROAD), S.W. 84 TERRACE RIGHT -OF -WAY, S.W. 58 AVENUE, AND BY "DANTE FASCELL PARK; PROVIDING FOR A LEGAL DESCRIPTION; PROVIDING FOR FINDINGS OF FACT, FOR CONCLUSIONS OF LAW,, AND OR AN 'ORDER; PROVIDING FOR DEVELOPMENT APPROVAL WITH' CONDITIONS; PROVIDING FOR AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR NOTICES; PROVIDING FOR ABANDONMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND, PROVIDING FOR AN EFFECTIVE DATE (Administration /BZ &CD) 4/5 Moved by Commissioner Young, seconded by Commissioner Bethel to approve this item. Motion passed by a 5 -0 vote. Commissioner Bethel: Yea; Commissioner Oliveros: Yea; Vice Mayor Robaina: Yea; Commissioner, Young: Yea; Mayor Price: Yea. 20 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ABANDONMENT AND VACATION OF THE NORTHERN 1i OF THE WESTERN 400 FEET, MORE OR LESS, OF AN UNIMPROVED RIGHT -OF -WAY, ALSO KNOWN AS S.W. 84 TERRACE, LYING, AND BEING BETWEEN S.W. 57 AVENUE [RED ROAD] AND S.W. 58 AVENUE AND LYING AND BEING SOUTH OF LOTS 9`THROUGH 18, BLOCK 2, AMENDED PLAT CITY COMMISSION AFTER ACTION 5 SUMMARY - JULY 22, 1997 OF SEA VIEW PARK; PROVIDING FOR A LEGAL ,DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 4/5 Moved by Vice Mayor Robaina, seconded by Commissioner Bethel to approve this item. Motion failed by a 5 -0 vote. Commissioner Bethel: Nay; Commissioner Oliveros: Nay; Vice Mayor Robaina: Nay; Commissioner Young: Nay; Mayor Price: Nay. RESOLUTION NO. 137 -97- 10107 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SETTLEMENT OF PENDING LITIGATION; APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND LT SHIRLEY BADSHAW, SGT JOYCE GARNER AND SGT.;NORMA WATERMAN; AND PROVIDING AN EFFECTIVE DATE (Administration) 3/5 Moved by Commissioner Young, by Commissioner Bethel to approve this item. Motion passed by a 5 -0 vote.. Commissioner Bethel: Yea; Commissioner Oliveros: Yea Vice Mayor Robaina: Yea; Commissioner Young:' Yea Mayor Price: Yea. RESOLUTION(S) RESOLUTION NO. 138 -97 -10108 22. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR OUTSIDE REAL ESTATE COUNSEL IN THE AMOUNT OF $10,088.29 AND 'CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1500 -3410, CONSULTING - LEGAL;' PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 Moved by Vice Mayor Robaina, seconded by Commissioner Bethel to approve this item. Motion passed by a 5 -0 vote. Commissioner Bethel: Yea; Commissioner Oliveros: Yea; Vice Mayor Robaina: Yea; Commissioner Young: Yea; Mayor Price: Yea. RESOLUTION NO. 139 -97 -10109 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PURCHASE' OF LIABILITY INSURANCE OF $1,200.00 THROUGH THE FLORIDA LEAGUE OF CITIES FOR THE SWIMMING PROGRAM SPONSORED BY THE PARKS & RECREATION DEPARTMENT AND PROVIDING FOR CITY COMMISSION AFTER ACTION 6 SUMMARY JULY 22, 1997 DISBURSEMENT THROUGH THE CITY'S GENERAL CONTINGENCY ACCOUNT NUMBER 001- 2100- 519.9920 (Administration /Parks & Rec.) 3/5 Moved by Commissioner Young, seconded by Vice Mayor Robaina to approve this item. Motion passed by a 5 -0 vote:: Commissioner Bethel: Yea; Commissioner Oliveros; Yea Vice Mayor Robaina: Yea; Commissioner Young: Yea; Mayor Price: Yea. RESOLUTION NO. 140 -97 -10110 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE 'ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F (1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 1997, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS (Administration) 3/5 Moved by Vice Mayor Robaina to approve this item. Motion passed by a 5 -0 vote. Commissioner Young: Yea; Commissioner Oliveros; Yea; Commissioner Bethel: Yea; Vice Mayor Robaina:' Yea; Mayor Price Yea. 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY MANAGER; ACCEPTING THE RESIGNATION OF CITY MANAGER L. DENNIS WHITT PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Oliveros) 3/5 Moved by Vice Mayor Robaina, seconded by Commissioner Oliveros to approve this item. Please note: A motion was made by Commissioner Oliver to amend the agenda by presenting a- substitute resolution terminating the services of L. Dennis Whitt as City Manager. This motion was seconded by Vice Mayor Robaina. Motion failed by a 2 -3 vote: Commissioner Bethel: Nay ;_ Commissioner Young: Nay; Commissioner Oliveros: Yea; Vice Mayor Robaina: Yea;'Mayor Price: Nay. 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY FEES ASSESSED AGAINST MS.. MARGARET HARNDEN. (Commissioner Young) 3/5 CITY COMMISSION AFTER ACTION 7 SUMMARY JULY 22, 1'997 Moved by Commissioner Young, seconded by Commissioner to approve this item. Motion failed by a 2 -3 vote. Commissioner Oliveros: Nay; Commissioner Bethel: .Nay; Commissioner Young: Yea; Vice Mayor Robaina: Yea; Mayor Price Nay. ORDINANCE(S) FIRST READING 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARD MEMBERSHIP; AMENDING SECTION 2-26.3(a) OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES TO INCREASE THE MEMBERSHIP OF THE RECREATION ADVISORY BOARD FROM FIVE (5) TO SEVEN (7) MEMBERS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Mayor Price) 3/5 Moved by Vice Mayor Robaina, seconded by Commissioner Bethel to approve this item on first reading with second reading and public hearing scheduled for August 5, 1997. Motion passed by a 5 -0 vote: Commissioner 'Oliveros:' Yea; Commissioner Bethel: Yea Commissioner Young: Yea; Vice Mayor Robaina: Yea; Mayor Price: Yea. CITY COMMISSION AFTER ACTION 8 SUMMARY JULY 22, 1997 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 my TO: Mayor and Commission DATE: July, 18, 1997 OM: RE: Agenda Item # Comm. Meeting July 22, 1997 Appointments to Planning Board This resolution is placed on the agenda at the request of Mayor Anna Price. It recommends the appointment of C. David Morton to the Planning Board, and establishes term expiration dates. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; APPOINTING MR. C. DAVID MORTON TO SERVE FOR A TWO YEAR TERM ENDING JULY 22, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, the Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, The City Commission desires to appoint Mr. C. David Morton to serve on the Planning Board until July 22, 1999 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. I The City Commission hereby appoints Mr. C. David Morton to serve on the Planning Board. Section 2. The expiration date of this appointment shall expire July 22, 1999 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR , 1997. INTER- OFFICE MEMORANDUM CITY CLERK'S OFFICE TO: Honorable City DATE: 7/11/97 Commission FROM: Ronetta Taylor City Clerk 0 RE: Planning Board Appointment As per Mayor Price's request I am forwarding the attached resume to you for your advice and consent. Mayor Price will be sponsoring a resolution for the July 22nd Commission Meeting appointing Mr. C. David Morton to the Planning Board. C: Earl G. Gallop, City Attorney L. Dennis Whitt, City Manager S C. David Mork 6465 Sunset Drive PERSONAL: Architect South i Born: iami, FL 33143 305 -444 -6267 June, 1942 (Chicago, Illinois) FAMILY: Susan W. Morton, Realtor (Wife) Wendy M. Ranter, Teacher (Daughter) Pamela M. Berg, Mechanical Engineer (Daughter) Jonathan E. Minsker, Attorney (Son) Theresa L. Morton, Sports Sciences (Daughter) Shannon L. Morton (Daughter, deceased) EDUCATION: University of Illinois - Champaign /Urbana Campus Bachelor of Architecture U. S. Naval Officer's Candidate School - Newport, R.I. Commissioned Ensign, USNR U. S. Naval Construction School - Port Heuneme, CA. Commissioned Lieutenant, USNR REGISTRATION: N.C.A.R.B. (National Registration Council) Architect, State of Florida Licensed Realtor, State of Florida MEMBERSHIPS: Orr's Pond Homeowners Association - President University of Illinois Alumni Association - Life Member Fraternity of Phi Gamma Delta - Life Member American Institute of Architects - Member Coral Gables Chamber of Commerce - Member Brotherhood of Elks - Member PROFESSIONAL BACKGROUND: PROFESSIONAL EXPERIENCE: U. S. Naval Civil Engineer Corps Lt, Construction Manager C. David Morton, A.I.A., Architect Architect /Owner Morton & Wolfberg, Architects, P.A. Architect/Partner Morton, Wolfberg, Alvarez, Taracido ArchitectNice- President C. David Morton & Associates Architect /Owner 1966 1967 1967 -74 1970 1971 1985 1967 -69 1970 -74 1974 -80 1976 -80 1981 -97 Experience includes Planning and Design of Multi - Million Dollar Facilities in both the Public and Private Sectors in the South Florida area over a twenty -five year period as a Practicing Architect. Primary emphasis has been in the Govern- mental Sector, with an ancillary practice in Residential and smaller Commercial projects on a continuing basis over the same time period. A significant portion of this background experience has been in the development and evaluation of Project Feasibility Studies for constructibility and also for economic viability and impact upon the immediate surrounding neighborhoods. r _ - ". C. David Morton, Architect PARTIAL CLIENT LISTING: Miami International Airport - General Consultant - Architecture /Planning Homestead Air Force Base - General Consultant - Architecture /Planning Dade County Manager's Office - $ 200,000,000. Justice Center Masterplan Dade County Fire Rescue Department Dade County Corrections Department Dade County Public Works Department Dade County General Services Administration Dade County Transit Authority Dade County Seaport Department Broward County General Services Administration Dade County School Board (1970 thru 1997)(Architect on 42 schools) City of Miami - General Services Administration City of Hialeah Housing Authority City of Cocoa Beach Commission U. S. Immigration & Naturalization Service U. S. Air Force U. S. N.A.S.A. U. S. Postal Service U. S. Naval Facilities Engineering Command U. S. Army Corps of Engineers - Mobile District First Federal Savings & Loan Association Amerifirst Federal Savings &Loan Associations Citizens Federal Savings & Loan Association Southeast Banking Corporation Southeast Realty Management Coldwell - Banker Real Estate Corp. Carnival Cruise Lines Blackwell, Walker & Gray, Attorneys Coopers & Lybrand, Certified Public Accountants Smathers & Thompson, Attorneys Drexel - Burnham, Stockbrokers Stiles - Leher Construction Elias Homes Marvin Hollub Construction Co. Kenneth Parker Building Corp. Groshire Homes Steven Shere Development Corp. r CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission FROM: DATE: July 18, 1997 RE: Agenda Item # Comm. Meeting July 22, 1997 Endorsement of Mayor Kurzman This resolution is placed on the agenda at the request of Mayor Anna Price. It recommends the endorsement of the candidacy of Vice Mayor John" Kurzftiati for the position of 2nd Vice President of the Florida League of Cities. 07/14/1997 12:58 305 - 821 -5228 RUSS MARCHNER ASSOCI PAGE 01165 The Dade County League of Cities, Inc. 7480 FAIRWAY DRIVE, SUITE 206, MIAMI LAKES, FLORIDA 33014 305/557 -1722 FAX. 305/821 -5228 Clem"" DwEdw PR D C. PEARLSON MEMORANDUM RUSS „C: «sR HOWARD B. LENARD CrnmoWaxwt, mmm Bosch trta V**?"4WgW DATE; JULY 14, 1997 NON 19" MISHCON Mayor, North Miami Barth MON. `N TO: DADE LEAGUE BOARD MEMBERS HON. it�HN r:AVALtfiR. rR )O CAVALIER. Please have city adopt resolutions similar to those attached. Mayor, Miami 8proop your Tbkd Vw PawiiaaM HOW, M1i![FRELIO(VJILLY) aaRT FROM: RUSS MARCHIVER, EXECUTIVE DIRECTOR Commiacmia. Miami Committee, and the school resolution to the Florida League, Gov. Chiles, Senate HON. ROY SHIVER T OaM Fla4da City DATE; JULY 14, 1997 MON. REBEC.ASOSA Mayor, Waat Miami v,.onnrneoerrnna RE: DADE LEAGUE RESOLUTIONS 97 -10 AND 97-11 HON, PATRICIA ROGERS' LIBERT (:o" Woman, AVaMn HON. DANIEL S. TANTLEPF C4wddrm, BAI Haahatr HON: ROBERT H. YAFFE f'n.mri [W9 Bay Hatbtr IaLUda.. HON. IMES A. REEDaR Please have city adopt resolutions similar to those attached. Maa i-yn Pak your HON. WILLIAM H. KERDYK, JR. Caomu.ima , Caai Gals HON. BMYKAPLAN Send the Kurzman resolution to the Florida League Nominating; $o Board Marcher, Dade County Sdwol srd HON. DAISY BLACK Committee, and the school resolution to the Florida League, Gov. Chiles, Senate Pm Mayor. Pr ad MON. ISREAL ANDREWS Speaker President Toni Jennings, and Speaker of the House Daniel Webster. Communions, Fimida city NOMI M GUL CA MUna, Golica Bards HON, CARMEN CAIMWELI, MONK OILDA COJWM Florida League of Cities Governor Lawton Chiles Moot, HWC@h cirtd" HON. SIEVE SHIVER 201 West Park Avenue State Capitol NON�KENNETH ter{ P.p. Box 1757 Tallahassee, FL 32399 Mayor. Indian Cie* HON. MICHELE PADOVAN Tallahassee, FL 32302 -1757 Vitro MaYar; Kay 81acf YPC HON. JACK MORROW Maym. Medwy H0N.tAAME &0LRX1 Hon, Toni Jennings Hon. Daniel Webster Cmtmdi n W, Maopomw DWO cmmtY HON. MICHAEL H. BOYLE Room 409, C Room 420, C MWU vim MON. D t The Florida State Senate Florida House of NW Mayor, M KM t P-W HON. IRVING LEIGHTON n Representatives VW�:Mayor.No tDRY�a HON. FRANK WOLLAND The The Capitol R�ie Capitol Vka MaYm.CNERN arm HON.IAY R. CHERNOFF Tallahassee, FL 32399 -1100 Tallahassee, F'L. 32399 -1300 Caumohnan North Miami Batch HON. CINDW BLANCK Coumaawanay4 PirlatYart HON. ALViN MILLER Vice Mayor, Opa -Low HON. ANNA 'M. PRICE Mayor, SOU@i Mimi HON. MITCHELL KIIQLER HON. PRISCA BARRIO Cosmdiwvman.S**AWrtN Hm, EMILIOOUERRA Camalrnan. Vhttlam 43"401e PA87 Plt=d1DIM l ;mod. LAMES T. BARKER Canmt .L%W.CuntG&WO HON. RUTH L. CAMPBELL C.gWtal{ wv; Hanaataad HON. JOSEPH J. GAtlDNER Cotmah W4 a*y xnbm INWI& MOO. JOHN.KUR.F.MiAN Vida Maya, NWM MWW 304 HON. RAUL L, MAR7T9EZ Mayor. Hialeah HON, 1. L, MUMMER 11 . CpIIai{MNMff, Mu= HCN.ARTHM SNYDER HON. PAUL VoauE A.C. Mayor, Nord say VAIM8e 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, ENDORSING THE CANDIDACY 6 OF VICE MAYOR JOHN KURZMAN FOR THE POSITION OF 2ND VICE 7 PRESIDENT OF THE FLORIDA LEAGUE OF CITIES, INC. 8 9 10 WHEREAS, John Kurzman, an elected official of the City of 11 North Miami Beach, Florida since May of 1979 has served 18 years 12 of great municipal leadership and is commencing his 10th 13 consecutive term; and 14 15 16 WHEREAS, John Kurzman has served as a councilman of the 17 highest ethics and integrity and has served the cities' citizens 18 as Vice Mayor on numerous occasions; and 19 20 21 WHEREAS, Councilman John Kurzman has been recommended to 22 offer his knowledge, expertise and breadth of local government 23 experience to serve as the 2nd Vice President for the Florida 24 League of Cities, Inc.; and 25 26 27 WHEREAS, John Kurzman has served on the Executive Board of 28 Directors for the Florida League of Cities and has served 29 numerous years on its Board of Directors, Building Committee, 30 Environmental Quality Board, and has diligently participated in 31 all facets of the Florida League of Cities, Inc.; and 32 33 34 WHEREAS, John Kurzman, an elected official of the City of 35 North Miami Beach, has served as a past President of the Dade 36 League of Cities, Inc., and is acknowledged in his service to the 37 Transportation Sub- Committee of the National League of Cities; 38 and 39 40 41 WHEREAS, John Kurzman has served on numerous municipal, 42 county and statewide boards regarding planning and zoning, 43 building, and he construction trade in general. 44 45 46 47 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 48 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 49 50 51 Section 1. The City Commission commend and recommend 52 Councilman John Kurzman of North Miami Beach, Florida, to the 53 position of 2nd Vice President of The Florida League of Cities, 54 Inc. n�o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Section 2. This resolution shall take effect immediately upon approval.. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR , 1997. YA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MADE LEAGUE OF CITIES, INC., ENDORSING THE CANDIDACY OF VICE MAYOR JOHN KURZMAN FOR THE POSITION OF 2ND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES, INC. WHEREAS, John Kurzman, an elected official of the City of North Miami Beach, Florida since May of 1979 has served IS years of great municipal leadership and is commencing his 1 Utli consecutive term; and, WHEREAS, John Kurzman has served as a councilman of the highest ethics and integrity and has served the cities' citizens as Vice Mayor on numerous occasions; anti, WHEREAS, Councilman John Kurzman has been recommended to offer his knowledge, expertise and breadth of local government experience to serve as the 2nd Vice President for the Florida League of Cities, Inc.; and, WHEREAS, John Kurzman has served on the Executive Board of Directors for the Florida League of Cities and has served numerous years on its Board of Directors, Building Committee, Environmental Quality Board, and has diligently participated in all facets of The Florida League of Cities, Inc.; and WHEREAS, John Kurzman, an elected official of the City of North Miami Beach, has served as a past President of The Dade League of Cities, Inc., and is acknowledged in his service to the Transportation Sub - Committee of The National League of Cities; and WHEREAS, John Kurzman has served on numerous municipal, county, and statewide boards regarding planning and zoning, building, and the construction trade in general. RESOLUTION NO. 97-10 6 07114/1997 12:58 305 - 821 -5228 RUSS MARCHNER ASSOCI PAGE 03105 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Dade League of Cities, Inc., and its entire membership both commend and recommend Councilman John Kurzman of North Miami Beach, Florida, to the position of 2nd Vice President of The Florida League of Cities, Inc.. PASSED and ADOPTED this 2nd day of July, 1997. ATTEST: a � AS TO FORM: HOWARD B. LENARD General Counsel DPAVID PEAItLSON President RESOLUTION Nib. 97 -10 9- El�le TO: FROM: CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 Mayor, and Commission L. Dennis Whitt, City anager ifff DATE: July 18, 1997 RE: Agenda Item # Comm. Meeting July 22, 1997 Support for Special Session of the Florida Legislature This resolution is placed on the agenda at the request of Mayor Anna Price. It recommends the supporting Dade County Public Schools in calling for a special session of the Florida Legislature for the purpose of addressing funding levels for School Boards throughout the state. RESOLUTION NO. 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING DADE COUNTY 6 PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA 7 LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FALL OF 8 1997 TO DEVELOP AND PROVIDE THE APPROPRIATE FUNDING AND 9 LEVELS OF FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN 10 THE STATE. 11 12 13 WHEREAS, the Mayor and City Commission recognizes that the 14 schools in Dade County are greatly overcrowded; and 15 16 WHEREAS, The City Commission generally support the goals of 17 Eastward Ho and the Governor's Commission fir a Sustainable south 18 Florida; and 19 20 WHEREAS, changes by the State of Florida restricting the 21 flexibility in the use of capital funding and delivery methods 22 for educational facilities may not be consistent with the goals 23 of Eastward Ho and the Governor's Commission for a Sustainable 24 South Florida which promote urban infill development and urban 25 redevelopment; and 26 27 WHEREAS, the City Commission has long been committed to Dade 28 County's public education system, and all educational delivery 29 systems throughout the State of Florida. 30 31 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 35 Section 1. The City Commission supports the various 36 missions of the School Board of Dade County, Florida and calls 37 upon the State of Florida legislature to hold a Special Session 38 in the Fall of 1997 to address public school overcrowding and 39 related issues in Dade County and throughout the State of 40 Florida. 41 42 43 Section 2. The City Commission encourages the State of 44 Florida Legislature to provide the appropriate level of funding 45 and flexibility needed by public school districts to address 46 overcrowding issues. 47 48 49 Section 3. The City Commission encourages the State of 50 Florida Legislature to provide the appropriate level of 51 flexibility to the School Board of Dade County, Florida, so they 52 may support and participate in developing the goals of Eastward 53 Ho and the Governor's Commission for a Sustainable South Florida. 54 0711411997 12:58 305 - 821 -5228 RUSS MARCHMER ASSOCI PAGE 04105 RESOLUTION NO. 97-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DADE LEAGUE OF CITIES, INC., SUPPOR'T'ING DADE COUNTY PUBLIC SCHOOLS AND CALKING UPON THE STATE OF FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FAIL OF 1997 TO DEVELOP AND PROVIDE THE APPROPRIATE FUNDING AND LEVELS OF FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE STATE. WHEREAS, the Board of Directors of the Dade County League of Cities, Inc., recognizes that schools in Dade County are greatly overcrowded; arid, WHEREAS, the Hoard of Directors of The Dade County League of Cities, Inc., generally support the goals of Eastward Ho and the Governor's Commission for a Sustainable South Florida; and, WHEREAS, changes by the State of Florida restricting the flexibility in the use of capital funding and delivery methods for educational facilities may not be consistent with the goals of Eastward Ho and the Governor's Commission for a Sustainable South Florida which promote urban infill development and urban redevelopment; and, WHEREAS, the Board of Directors of The Dade County League of Cities, Inc., has long been committed to Dade County's public education system, and all educational delivery systems throughout the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DADE LEAGUE OF CITIES, INC., that: Section 1, The Board of Directors of the Dade League of Cities, Inc,, supports the various missions of the School Hoard of Dade County, Florida, and calls upon the State of Florida RESOLUTION NO. 97-11 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 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: MAYOR 07/14/1997 12:58 305- 821 -5228 RUSS MARCHNER ASSOCI PAGE 05105 Legislature to hold a Special Session in the Fall of 1997 to address public school overcrowding and related issues in Dade County and throughout the State of Florida. Section 2. The Board of Directors of The Dade County League of Cities, Inc., encourages the State of Florida Legislature to provide the appropriate level of funding and flexibility needed by public school districts to address overcrowding issues. Section 3. The Board of Directors of the Dade County League of Cities, Inc., encourages the State of Florida Legislature to provide the appropriate level of flexibility to the School Board of Dade County, Florida, so they may support and participate in developing the goals of Eastward Ho and the Governor's Commission for a Sustainable South Florida. PASSED and ADOPTED this 2nd day of July, 1997. ATTEST: HON BLE ROY SHIVER Secretary AS TO FORM: HOWARD B. Ll General Counsel President RESOLUTION NO. 97-11 1 07/14/1997 12:58 305 -821 -5228 RUSS MARCHNER AS50CI PAGE 51105 The Dade County League of Cities, Inc. 7480 FAIRWAY DRIVE, SUITE 206, MIAMI LAKES, FLORIDA 33014 305/557 -1722 FAX: 305/821 -5228 o DV~ H DT.PFARLSON MEMORANDUM R0410"cawt wsR Conwom mx , Mimi Boaoh HOWARD B. LENARD HM.1SFk MISHCON Mayor, NQA Mkiri Bach PfaddM 3MM HON. JOHN CAVALIER, , JR TO: DADE LEAGUE BOARD MEMBERS MYYor, Mmm Sp1w Tbkd Via nwi "M rmm`['UnN. }iard ) Ot7RT FROM: RUSS MARCB R, EXECUTIVE DIRECTOR cmmruarimrc. Mianu HON. ROY SHIVER P`°'�'``ty DATE; MY 14, 199 T NFWW HON. REBECA SOSA Mayor, wwt Miattti RE: DADE LEAGUE RESOLUTIONS 97 -10 AND 97 -11 iiON. PATRICIA BORERS- LIBERT C-0cmal Wo,M, AVOUM HON. DANIEL S. TANTLEFF Cwwkfilnatt. EW HarbM HON. ROBERT H. YAFFE r ei.d>.nK Bay Huber Iduk a HON. IAMBS A. REEDER adopt y L 6,� Please have city adopt resolutions similar to those attached. Mayot, your HON. WILLIAM H. KERDYK, JR Cm wwamtr. Coal chb1b Send the Kur2man resolution to the Florida League Nominating Board Mm�ba, Dade County Sahool Baud Roar MambaKDadeC HON. DAISY BLACK Committee, and the school resolution to the Florida League, Gov. Chiles, Senate Mayor, I Portal HON. ISREAL ANDREWS President Toni Jennings, and Speaker of the house Daniel Webster. Canmwimm, Rmida City NONIAMY CUENCAA Mayar.Oalden Belch HON, CAWEN CA=WEIJ, COUNAW W1. Hillw6h RON.OR.DACARBR AA Florida League of Cities Governor Lawton. Chiles Mayor, HWcob Gradate HON. SIEVE SHIVER 201 West Park Avenue Mate Capitol HON KENNETH k P.O, Box 1757 Tallahassee, FL 32399 Mayor. Indlaa Cta* HON. MICHELEPADOVAN Tallahassee, FL 32302 -1757 we Mayor, Kay 8"ype RON.1ACK MORIWW How ;AWSBURKE Haia. Toni Jexuungs Dian. Dai gel Webster ccatatd>siow, MtooPo" Dade cmauy HON. MICHAEL H. BOYLE Room 409, C Room 420, C vim musli MO N. DC N "� The Florida State Senate Florida House of t4a Mayor, Mi"M rtp mp HON, IRVINC LEIOHTON Representatives HON. FkANY, aOLLAND e I#4N. J'JUNK WOLLAND The Capitol The Capitol V= Mayar , North Miutu IAYR.CHERNOFF ^' , y + Tallahassee, FL 32399 - 1100.. Tallahassee, FL 32399 -1300 HON. Cou ncdman, North Mil p Be*& HON. CINDBE BLANCK MON. ALVIN MILLER Vine Mayer, C" Lode HON. ANNA M. PRICE Mayor, South Miuni HON. MITCHELL KIN LER HON. PRISCA L4ARE70 Counw"aman. 5*09wMt HON, EMILl() OUERRA Coum&nan. VhtkA Oa dm* RON.1AMES T. RARKER caarmo wAft. Corti 06blu HOPI. R1UM L: CAMPBELL ( .4WVWWMtan, Hornatad HON. JOSEPH J. GARDNER Couatihnz4 Boy Harbor Islands PION. JOHN KURZMAN Vwa Mayor, Naft MISS Haim HON. RAUL L, MATINEE mayor 4Adeah HON. J. L, PLUMMER JR. HON. ARTHUR SNYDEIt HON. PAIL Y06EL, D.t Mayor, Not* e.Y Vie TO: FRIG CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 Mayor and Commission L Demos 4,iAan- gerKrj DATE: July 18, 1997 RE: Agenda Item #_y Comm. Meeting July 22, 1997 Endorsement of Metro -Dade County's Wage Coalition This resolution is placed on the agenda at the request of Mayor Anna Price. It recommends the endorsement of Metropolitan Dade County's Wage Coalition. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENDORSING METROPOLITAN DADE COUNTY'S WAGES COALITION WHEREAS ", a national program implementing welfare reform has been started which will encourage welfare recipients to acquire new market place skills; and WHEREAS, Metropolitan Dade County has created the Dade /Monroe WAGES Coalition to create private /public partnerships, which encourages implementation of private sector job creation; and WHEREAS, The Mayor and Commission of the City of South Miami supports Metro -Dade Mayor Alex Penelas' efforts to create positive opportunities for our residents. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are true and correct. Section 2. That the municipal entities join Metropolitan Dade County in developing programs and opportunities which will set the tone for economic development and opportunities in Dade County. Section 3. 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: MAYOR 0 07/1 0/1997 14:24 365-- 821 -5228 RUSS MARCHNER ASSOCI PAGE 86x`06 RESOLUTION NO. 97-9 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DADE LEAGUE OF CITIES* INC., ENDORSING ME'TROPOLITAN'DADE COUNTY'S WAGES COALITION. WHEREAS, a national program implementing welfare reform has been started which will encourage welfare recipients to acquire new market place skills; and WHEREAS, Metropolitan Dade County has created the Dade/Monroe WAGES Coalition to create private/public partnerships, which encourages implementation of private sector job creation; and WHEREAS, The Dade League of Cities, Inc. supports Metro -Dade Mayor Alex Penelas' efforts to create positive opportunities for our residents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TFIE MADE LEAGUE OF CITIES, that: Section 1. The foregoing recitals are true and correct. Section 2. That the municipal entities join Metropolitan Dade County in developing programs and opportunities which will set the tone for economic development and opportunities in Dade County. PASSED and ADOPTED this ; , - -day of *. , 1997. ATTEST: 00-L 260�_c \—)A I � L—a — O LE ROY SHIVER DAVID PEARLSON Secretary President 4Y D AS TO FORM: 4�� 4 - ."g/ HOWARD B. LENARD General Counsel 9f RESOLUTION NO. 97-9 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: July 18, 1997 FRO . e is "i ,City Manager RE: Agenda Item # Comm. Meeting July 22, 1997 Rescind legal action regarding Attornev fees assessed Margaret Hamden This resolution is placed on the agenda at the request of Commissioner Paul Young. It recommends rescinding any and all legal actions relating to assessing attorney fees to Margaret Hamden. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY FEES ASSESSED AGAINST MS. MARGARET HARNDEN. WHEREAS, in a continuing effort to establish and foster positive community relations by and between the City of South Miami and its citizens, the City Commission desires to take a diplomatic approach to resolving contrasting perspectives; and WHEREAS, in the framework of this affirmative and positive action it should be noted that it is the intent of this Body to cultivate pro- active relationships with its constituents. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That all pending litigation for attorney fees against Ms. Margaret Harnden are hereby rescinded and withdrawn and any and all other legal actions are terminated. Section 2. 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: MAYOR ig City of South Miami Parks & Recreation Department Inter- Office Memorandum ------------------------------------------------------------------------------------- TO: FROM: L. Dennis Whitt j SUBJECT: City Manager July 17, 1997 Agenda Item # _ / 1) Commission Meeting July 22, 1997 Purchase of Sprayer -------------------- - - - - -- The attached resolution seeks approval for the purchase of a Jiffy Model P -100 Paint Sprayer for the Parks & Recreation Department. This expenditure is budgeted and will be dispersed through the account number of 2000 -6430, "Equipment Operating" for the amount of $1,260.00. I recommend that a purchase order number be given to Partac Peat Corporation a sole vendor /manufacturer of this type of product. C: \WPDOCS \SPRAYERVYIi 97 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF A 4 PAINT SPRAYER FOR THE USE OF FIELD PAINTING FOR VARIOUS 5 SPORTS EVENTS FOR THE PARKS & RECREATION DEPARTMENT OF 6 $1,260.00 AND PROVIDING FOR DISBURSEMENT FROM PARKS & 7 RECREATION DEPARTMENT ACCOUNT NUMBER 2000- 6430, 8 "EQUIPMENT OPERATING ". 9 WHEREAS, Article III, Section 5 H, of the City Charter, 10 requires bids be obtained for purchases of items over $1,000.00; 11 and 12 WHEREAS, the City of South Miami Parks & Recreation Department 13 sought bid prices and found that this product is only provided by 14 one source; and 15 WHEREAS, the City of South Miami Parks & Recreation Department 16 has already purchased the same sprayer in the past; and 17 WHEREAS, the parts from the old sprayer will be used as 18 replacement parts for the new sprayer; and 19 WHEREAS, as a result of all the information received, the 20 Administration of the City of South Miami has agreed to render a 21 purchase order for the purchase of this item through the Partac 22 Peat Corporation, a sole vendor /manufacturer. 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 24 OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 Section 1. The purchase order of a paint sprayer for 26 $1,260.00 is awarded to Partac Peat Corporation as sole 27 vendor /manufacturer. 28 Section 2. The disbursement for this purchase in the 29 amount of $1,200.00 is charged to the Parks & Recreation Department 30 account number 2000 -6430, "Equipment Operating". 31 Section 3. This resolution shall take effect immediately 32 upon approval. 33 PASSED AND ADOPTED this day of , 1997. 34 ATTEST: 35 36 37 38 39 CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY a: \res.sprayer97doug APPROVED: MAYOR Q] City of South Miami Parks & Recreation Department Inter- Office Memorandum TO: Mayor & Commission FROM: L. Dennis Whitt City Manager DATE: July 16, 1997 SUBJECT: Agenda Item # A— Commission Meeting July 22, 1997 Payment Approval for July 4th Sound & Lighting Company -------------------------------------- - - - - -- A resolution ratifying the expenditure of $1,900.00 was written on an emergency basis to cover the Light & Sound Company, Paradise Sound & Lighting as they were the lowest bidder for services rendered on the July 4th Celebration. The expenditure was taken out of the Donation account 131 -100; donations brought in for the July 4th Celebration covered this vendor. I request approval of this resolution. c:XwnvocSXwhiir.sounajuty4th97 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, RATIFYING THE ACCEPTANCE OF 4 DONATIONS TO OFFSET THE COST OF THE FOURTH OF JULY 5 CELEBRATION OF $1,900.00 AND AUTHORIZING THE CITY MANAGER 6 TO DISBURSE THE SUM OF $1,900.00 FROM ACCOUNT NUMBER 131- 7 100, "DONATION ". 8 WHEREAS, Article III, Section 5 H, of the City Charter, 9 requires bids be obtained for purchases of items over $1,000.00; 10 and 11 WHEREAS, the City Administration obtained at least three bids 12 and recommends Paradise Sounds Entertainment, with the lowest 13 responsible bid for the service of sound and lighting; and 14 WHEREAS, each year the City of South Miami sponsors a Fourth 15 of July event; and 16 WHEREAS, monies were donated to help offset the cost of this 17 event; and 18 WHEREAS, these monies were used for sound & lighting. 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 20 OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 Section 1. The City Manager is hereby authorized to 22 disburse up to the sum of $1,900.00 from account number 131 -100. 23 "Donations" for service rendered by Paradise Sounds Entertainment. 24 Section 1. This resolution shall take effect immediately 25 upon approval. 26 PASSED AND ADOPTED this day of 1997. 27 ATTEST: APPROVED: 28 29 CITY CLERK MAYOR 30 READ AND APPROVED AS TO FORM: 31 32 CITY ATTORNEY 3 3 A:\RES.97JULYSOUNDS it �2 a8z� page 612010-1 V� (�(5\s� ����C`3�1N `f- �� `,✓ �3R� �Z;� ���,1tfi v;S. �1.�jZQ�1 5'• �, YZG 5 .y�,. cS.v�'g' G,L• E r��FGG�� -5,Z2 g sl ` 1L ��Og • ,� G��ig� 5 A55v�� 07� 5 A A0Sv gig` fig, RL ,p,`�O ULi1 2� 4Z1� � 5pA OQgg �r o 5 1 gArJ�A �o��s � gAS' 2� 4p0.OU 5 0 .�,0 f 4g TU"- 20- 97 FR I 11S:06 OFF - THE- W11.LL SOUND a LIGHTING CO., INC. NORTH MI XI BE.AC�3, F'L 33162 (305) 944.3334 Fax; 945 -4040 Contract /Proposal Tracking #: 001495 Date: 06/20/1997 Updated: 06/20/1.99 South Miami City Of 6130 Sunset Dr South Miami, FL 33143 Event: JULY 4, 1997 Event Dates: July 4, 1997 Load In Day; Noon Rehearsal Day: 4 PK Load Out Day: 10 PM Promoter Rep: MARIA Phone: 663 6319 Fax: 669 1266 Location: PARK IN SOUTH MIAMI' Show Time: 5 TO 10 PM Stage Crew: OTW Artist- 2 BANDS, DA13CE GROG`) AND SOT. .,Q Total. Contract: $4,200 -00 Confirmation signature:-- r .._ OFF - THE -WALL signature Page I F' . 0 1 PAYMENT: PAYMENT TO OFF' -TRE -WALL -80UND ("(). AS .E'OLLOW:-: f. (7', 'NON'REFUNDABLE DEPOSIT WITH SIGNED CONTRACT. SIGNED CONTRACT MUST £i33 RECEIVt3t) By 06/24./1)7 TO HOLD THE EQUIPMENT AND PERSONNEL, THE BALANCE OF THE CON", AA'e "Ii I-S To BE ia�k1'i) THE DAY OF" THE SHOW, IMMEDIATELY AFTER THE SOUND CHECK, IN Company corpor;)t o C.- !b.or.:k 3")f%1O1POSAL GOOD UNTIL IF YOU DECIDE TO GET THE GENERATOR ON YOUR OWN MAY' DEDUCT ,,700 k'ROM HZ TOTAL COST OF THE PRODUCTION. /I Contract Proposal #6 -26 -97 For sound system and generator rental sevices rendered to the City of South Miami, 7 -4 -97. Sound System Qty_ Dle scripAii-o-r i Ltal 1 24 channel 10,000 Watt sound system 6 monitors on 3 monitor sends House EQ, reverb, delay 2 stereo compressors CD Player 2 Tape Decks 1 Spotlight 8 Par 64 lights on 2 trees 1 Lighting board with dimmers All necessary mics, stands, cables $ 1500 Generator Qty_ Description Total 1 60 Kilowatt entertainment generator 150' feeder cable with mini cam hookup ( 6/4 2 leg single phase) 1- 120A distribution panel Delivery, set up , and return $ 750 --------------------------------------------------------------------------------------------------- Grand Total $ 2250 Contact: George Feldner 954- 458 -9932 or 305 -948 -6055 Thank You ,Ad=bi� CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 Iff TO: Mayor Commission DATE: July 17, 1997 FROM: Dennis Whitt, City Manager RE: Agenda Item # A Comm. Meeting July 22, 1997 Installation of Emergency Equipfrietit for Police Vehicles The Police Department has seven 1997 vehicles that require installation of emergency police equipment. Bids were received from three vendors; M.E.E.I., Inc., $540 per vehicle Cooper General Corp., $587 per vehicle European Automotive, $925 per vehicle The total amount for the seven vehicles is $3,780.00. The Police Department is requesting approval to disburse an anloi rit not to e9deed $4,300.00 to M.E.E.I. In ordet to cover replacement of any broken or worn out parts detected during the removal and replacement process. The digbursefneiit will be paid from account # 1910 -4620, "Maintenance and Repair of Equipment." I recommend approval. jENERAL MIAMI TEL:305 -559 -6624 May 20 97 13:37 No.021 P.02 fill i' %,� COOPEiR.�VRA►� CORPORATION 175 FONTAINEBLEAU BLVD. SUITE 1 -K mm- . ' MIAMI, FL 58172 THIS PROPOSAL 1S` 0 (80) DAYS FROM THE ABOVE DATE 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY- OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $4,300 TO M.E.E.I., INC. (MOBIL EMERGENCY EQUIPMENT INSTALLERS, INC.)AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1910 -4620, "MAINTENANCE AND REPAIR OF EQUIPMENT" FOR THE INSTALLATION OF POLICE EQUIPMENT INTO THE SEVEN NEW 1997 POLICE VEHICLES. WHEREAS, the vehicles must have the equipment installed in order for them to be used in emergency conditions, and, WHEREAS,the equipment will insure the safety of police officers operating these vehicles, and, WHEREAS, the police radios are necessary for communication with the officers of patrol, and, WHEREAS, cages are necessary for transporting arrested subjects; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Police Department has obtained the following quotes for the installation work: 1. M.E.E.I., Inc. Price Per Vehicle $ 540.00 2. Cooper- General Corp. Price Per Vehicle $ 587.00 3. European Automotive Price Per Vehicle $ 925.00 Section 2. That the City Manager be, and is hereby authorized to disburse a sum not to exceed $4,300 to M.E.E.I., Inc., from account number, 1910 -4620 "Maintenance and Repair of Operating Equipment ". /02W 56 Section 3. The Resolution be effective immediately 57 after the adoption hereof. 58 59 PASSED AND ADOPTED this day of 1997. 60 61 62 ATTEST: APPROVED: 63 64 65 66 CITY CLERK MAYOR 67 68 69 READ AND APPROVED AS TO FORM: 70 71 72 73 CITY ATTORNEY 74 75 76 european uu i VI 1 IVi IV X0 PAIN? • BODY • ALARMS ESTIMATE May 29`", 1997 City Of South Miami South Miami, Florida Attn: Lieutenant Salerno REMOVAL & INSTALLATION REMOVE: P.A 300, Switch Box 300, Orion Radio, Sirendriver, Console, Brackets, Deck Light and Light Bar. *Bench check all Electrical Equipment removed. INSTALL: New Console, P.A. 300, Switch Box 300, Orion Radio, Sirendriver, Light Bar, Headlight Flasher and Deck Light. Cost . ............................... $ 925.00 per car X 8 Total Cost ....................... $7,400.00 Price includes Removal and Installation of Partition. "All extra parts will be an additional charge ". All work will be performed to the highest standard. We will also stand behind all of our installs. ♦2 5857 Commerce Lane, Miami, FL 33143 MIAMI MOTOR POOL TEL :305- 575 -5207 Apr 09'97 13 :52 Mo.005�P.01 4196 �.`W. 97 ��}�tY(� i1G9991L9, �.� 33165 586 -2235 250 -9220 Tow LT. SAD CS,9&Wo) P.O. No CITi OF SOU!'g P.D. 6130 su. 72 STSBET 'M Wes, ILA-33I43 QtJANTl7y OESCRIPTtON INVOICE LABOR PARTS IRDITNW 150.00 0.00 mum 0Er Va. T0.OPEBATIM can. 1 DWALATION LZGW 3 390.00 0.00 SIBS Mir= Ba Comm CAGE VIG WAG UWAt Wvo =540.00 HEI'AMOUNT RM: ALL tgSTA%dTT(m 3X PRICE _ t►ZDDES RE�.Ay,FQSBS,. AND To DiSr=. 7 f VmQuS.TO STW 150.00 340.00 i I M. E. E. I. INC. Mobile Emergency Equipment Installers 19672 NW 59 Place, Miami, FL 33015 Office #: (305) 586 -2235 Pager # (305) 250 -9220 April 7, 1997 City of South Miami. 6130 Sunset Drive Miami, FL Attn.: Lieutenant Solano Dear Mr. Solano, As a follow up to our telephone conversation, this letter will serve as an introduction to M.E.E.I, Inc., a mobile emergency equipment installing service. M.E.E.I. Inc. has been in business for over ten (10) years and making installations throughout the South Florida area. Our purpose is to provide a service catered not only to your specific needs; but also to your exact specifications. Our work is 100% guaranteed. We service at your facility and at your leisure. Last year we maintained over 500 vehicles from different sister cities such as the City of Boca Raton, the City of Miami Beach, and others. Included in our list of customers are the following: Dave Varnell, City of Boca Raton 2500 NW 1st Avenue Boca Raton, FL, 331 Ph. #: (561) 393 -7883 Wayne Kohler, Federal Signal 2645 University Park Drive Fort Lauderdale, FL 33062 PEA: (954) 781 -4378 Gilbert Novick, City of Miami Beach 140 Mc Arthur Causeway Miami Beach, Fl Ph. #: (305) 673 -2820 Bob Holland, O.M.B., Police Supply 8218 NW 14 Street Miami, FL 33126 Ph. #: (305) 594 -2820 = Please feel free to contact any of the above mentioned cities and ask about our service. I am looking forward to doing business with you. Sin �reily, Jorge Barrios, President Z CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: a or and Cossi rL DATE: FRO : L. Dennis Whitt RE: City Manager July 22, 1997 Agenda Item # 3 Commission Meeting, July 22, 1997 - Approval of modifications to trash crane truck The attached resolution seeks approval for a $2,900.00 expenditure to make modifications to a trash crane truck purchased by a previous Department administration. The cabin height and layout in this piece of equipment makes its operation difficult. Furthermore, the vehicle's bed poses a potential safety hazard due to an undersized floor section. This situation can be remedied through some cabin and frame modifications. The modifications involved will make this crane truck a safer, functional and highly effective vehicle. Given the fact that this piece of equipment is relatively new and is one of the front line trash cranes for the daily operation, approval of the expenditure is recommended. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,900.00 TO J.A.M. WELDING SERVICE FOR PERFORMING VARIOUS BODY AND FRAME MODIFICATIONS TO A PUBLIC WORKS TRASH CRANE TRUCK AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1760 -519- 4680, "MOTOR POOL DIVISION - MAINTENANCE, OUTSIDE SERVICES ". WHEREAS, the City of South Miami Public Works Department provides weekly trash collection services to its residents, and; WHEREAS, the daily operations deploys two trash cranes, thereby requiring two front- line cranes and one spare, and; WHEREAS, one of the front -line crane requires cab and truck bed modifications to make it a safer and effective piece of equipment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department obtained the following competitive price quotations: J.A.M. Welding Service $2,900.00 American Truck Crane, Inc. $5,400.00 B & B Welding and Machine Service, Inc. $6,198.00 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $2,900.00 to J.A.M. Welding Service. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: READ AND APPROVED AS TO FORM City Attorney day of 1997. MAYOR 13 American Am ANINER A Truck =' as — -- j Crane �� -- PROPOSAL SUBMITTED TOs CITY OF SOUTH MIANI 4795 S. W. 75TH AVE SOUTH ?MIAMI. EL-'33142 9630 N.W. SOUTH RHEA DRIVE MEDLEY, FLORIDA 33106 PHONE: 305.887 -7170 FAX: 305- 887 -6303 DATES 06/_05/97 PH: (305)663 -6335 FAX: (303)666 -4391 ATTN: PEDRO GONZALEZ PAYMENT TERHSt NET 30 DAYS WE HEREBY SUBMIT SPECIFICATIONS /DESCRIPTION, AND ESTIMATES FOR: sasissss: �= sss!• ssssss!l ssossissssssssssasssis s :assssssassslssssa MAKE:PR TILE MODELsF9_ O S /H: PLEASE CALL. US WITH ANY QUESTION YOU MAY HAVE REGARDING THIS PROPOSAL. DOWNTIME: APROX 30 DAYS PARTS SUB -TOTAL AMOUNT #9.300.00 MATERIAL SALES TAX NOT INCLUDED LABOR $41.00 HR. /_____HRS. OTHER EXTENSION TOTAL ESTIMATED -- ----------------------------------------------------------------- Any alteration or deviation from the above specifications involving extra costs, not to exceed 20X of the TOTAL ESTIMATED AMOUNT, will be done only upon written change order /proposal. The cost will become an extra charge over and above the estimate. This is to include, but not limited to hidden damages that are uncovered during the course of the job. "All elemente- of thA• agreement are contingent upon strikes, accidents or delays beyond our control. ----------------------------------------------------------- - - - - -- ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as oylin,�ec�, abo!bslaa�aks�,.m.r '` !►: - ,, :�,- ....._...�:�.... Y is BL'iFY816 INANE ,L.. :• .S7.GI'�ATUR� � - t ':- .,,., -._ MATERIAL HANDLING EQUIPMENT & CRANE ATTACHMENTS SPECIALISTS: JLG/USTC • Jiffy • Prentke • Fassi • Coma • Uftmoore Loaders • K -D fManitou lift Trucks • Uittal . SoNvdm • Seats SALES / INSTALLATION / PARTS / SERVICE 13 t � a A- limb 0 e� /3 z 0 M r 0 H � • O z o C •, ' x ' 11 n! 0 0 0 r • y •� S� -Irq Or Ao ^Q 'd t 01 is 1• 01 is JAM WELDING SERVICE 5791 COMMERCE LANE SOUTH MIAMI MIAMI FLA 33145 PHONE (305) 662 3787 FAX (305) 662 5080 PROPOSAL: DATE: June 26th, 1997 ERQM:. Alvaro J, Espinoza TSB South Miami City Attn: Pedro S BJ . T: Fabrication of Cabin Extension of a Crane. PROPOSAL .; ' Thank for the opportunity to present our proposal. J.A.M welding Service will fabricate cabin extension of a truck, ramp on the side, two fenders -and fabrication of seat rotation reel This work includes painting of the extension Id each pipe. The job price is $2,900.00, The time for completion time it will be of approximately 4 weeks. J. AN will supply all the man power and material to perform the job Thank you, if you any question please feel free to call me any time. Respectfully Alvaro J. Espinoza 13 mmr..7_�Ju 6995 NORTHWEST 32 AVENUE MIAMI, FLORIDA 33147 Ov �2,1 ro ���,��'� �� PROPOSAL V /Cl /G 7 /Y iL Xo PROPOSAL SUBMITTED TO: PH0 City of South Miami STREET: CITY: 'ATE: Crane - Truck Attn: Pedro We hereby submit specifications and estimates for Labor and material to cut roof and install 1/2 thick p1E glass cover, make floor, and supply and install seat for hydraulic controls. $ 4798.50 T' Labor nd material to supply and install- set of fenders. $ 1400.00 Total $6198.50 C9 1-,-5x PHONE: 696.3621 •696,'!622 FAX: 693.1602 140032&9088 Pape No, i of — 1 Pages DA 6-18 -97 We hereby propose to fumish labor and materials — complete In accordance with the above Specifications, pecificatlons, for the sum of: dollars {s Above with payment to be made as follows: f All material is guaranteed to be as specified. All work to be completed In a workmanlike manner according to standard practices. Any alters• tlon or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal subject to acceptance within days and is there r the ption of the u oirsigned . Authorized Signature J IL ACCEP ANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You'are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Signature: Date Signature: /3 .�;`:: ter„.• v'�" + '♦ h . A/. i ti CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: ayor and Commi Sion FROM: L. Dennis Whitt SUBJECT: Agenda Item # City Manager Commission Meeting July 22, 1997 Approval of vendor change for previously authorized purchase of 15 street litter receptacles. DATE: July 22, 1997 The attached resolution seeks approval of a $5,866.20 expenditure to purchase 15 street litter receptacles or cans. These receptacles will be used to replace deteriorating ones and to establish a stock of spare cans. This purchase was previously authorized by the Commission at the April 1, 1997 meeting (the resolution is attached). However, since that time the lowest bidder changed its policy to a "C.O.D. only" basis (as opposed to accepting City purchase orders). It is therefore necessary to purchase the litter receptacles from the second lowest bidder, whose bid is only about $20 higher than the originally approved vendor. This vendor, Quality Chemical Co., Inc., accepts purchase orders and offers comparable product quality. I recommend that this purchase be approved by the Mayor and City Commission. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPLANTING RESOLUTION NO. 62-97 - 10033 APPROVED IN APRIL, 1997, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,866.20 TO QUALITY CHEMICAL CO., INC. FOR THE PURCHASE OF 15 STREET LITTER RECEPTACLES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1730-541 - 6430, "STREETS DIVISION - EQUIPMENT OPERATING ". WHEREAS, the vendor originally approved by the Commission has recently changed its policy to a "cash on delivery" only basis, and; WHEREAS, the City of South Miami operates on a purchase order and check payment method, and; WHEREAS, the second lowest bidder, who offers comparable product quality, accepts municipal purchase orders. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and is hereby authorized to disburse the sum of $5,866.20 to Quality Chemical Co., Inc. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: day of 1997. APPROVED: MAYOR �. > t, n — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 READ AND APPROVED AS TO FORM City Attorney Iq 05/30/1997 11:12 305- 6677806 CITY OF 50 MIA PURCH PAGE 01 RESOLUTION NO. 62-97-10033 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,842.50 TO COSGROVE ENTERPRISES, INC. FOR THE PURCHASE OF 15 STREET LITTER RECEPTACLES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1730- 541 -6430, "STREETS DIVISION - EQUIPMENT OPERATING ". WHEREAS, the litter cans placed on city streets are constantly subjected to the deteriorating effect of the elements, as well as accidental damage and vandalism, and: WHEREAS, despite refurbishing efforts by Public Works, some of these litter cans deteriorate beyond repair over the course of time, thereby requiring a replacement program and: WHEREAS, funding for the replacement program has been included in the current fiscal year's budget. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA S, gn 1 The Public Works Department has obtained the following price quotes: Cosgrove Enterprises, Inc. $5,842.50 Quality Chemical Co.. Inc. $5,866.20 upbeat, Inca $6,360.00 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $5, 842.50 to Cosgrove Enterprises, Inc. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this t t d a .of An 14*3 of 1997_ APPROVED. 1 VW E UX VZO . ATTEST: COMMISSION VOTE: 4 -0 Vice Mayor Robaina: Yea Commissioner Price: Yea READ AND APPROVED AS TO :FORM Commissioner B e t h e l: Yea Commissioner Young: Yea City Attorney �r CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: yor and Co mis op DATE: July 22, 1997 FROM: L. Dennis Whitt SUBJECT: Agenda Item # City Manager Commission Meeting July 22, 1997 Approval of expenditure for purchase of tool sets of Motor Pool staff The attached resolution seeks approval of a $4,516.65 expenditure to purchase three tool sets and several separate tool items for the Motor Pool shop. These items are included in the current year's budget. It has been over ten years since shop mechanics have been assigned full tool sets. Since that time, there has been a "piecemeal" approach to maintaining tool sets in an acceptable condition. Over time, tools get damaged, worn, and occasionally misplaced. Since the last tool set purchase, the Motor Pool shop has replaced tools and acquired new ones by purchasing these as single items or in small batches. This approach is seldom cost effective, and its long term result has been incomplete tool sets and the need to frequently share tools. The proposed tool set purchase, which includes a tool chest with each set, will allow for assignment of one full set /chest to each mechanic. The existing tools will be consolidated to one set and will also provide a stock of spare tools. This set will be available for the shop supervisor. Other needed items included in the purchase are a heavy duty floor jack and three air ratchets. The tool vendor chosen, Sears Industrial Sales, is on contract with the State of Florida through its State Negotiated Agreement Price Schedule contract (SNAPS - Agreement No. 445120). The prices obtained are based on the SNAPS contract. Proper tools are essential to an effective fleet maintenance operation. This in turn impacts significantly upon the performance of City services which rely on vehicles and other mechanical equipment. I therefore recommend approval of the purchase. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 $4,516.65 TO SEARS INDUSTRIAL SALES FOR THE PURCHASE OF TOOL SETS FOR THE MOTOR POOL SHOP AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760- 519 -4620, "MOTOR POOL DIVISION OPERATING EQUIPMENT ". WHEREAS, the Motor Pool shop staff requires the use of a wide assortment of work tools for everyday equipment repair, and; WHEREAS, full tool sets have not been purchased and assigned to shop mechanics in over a decade, and; WHEREAS, the current practice of purchasing tools individually as replacements or additions is not cost effective and requires the staff to share tools on a frequent basis, and; WHEREAS, Public Works has identified a reputable vendor who is on State Contract and offers competitively priced tool sets. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has identified Sears Industrial Sales as a vendor presently on contract with the State of Florida through SNAPS Agreement No. 445120 effective through April, 1998. Section 2. The City Manager be, and is hereby authorized to disburse the sum of $4,516.65 to Sears Industrial Sales. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: READ AND APPROVED AS TO FORM City Attorney day of 1997. APPROVED: - I MAYOR Ir LAWTON CHILES, GOVERNOR March 26, 1997 Bob Allen Sears Po Box 42538 Cincinnati, OH 45242-0538' Re: SNAPS Agreement No.: 445120 Dear Bob Allen: The Division of Purchasing wishes to know if your firm is willing to renew SNAPS Agreement No.:445120 DISCOUNT ON MUSTRIAL TOOLS, for an additional period through April 08, 1998, at the s;une prices, terms and conditions. Contract renewal is subject to receipt of sales summaries by the Division of Purchasing. You are reminded the Special Condition titled "Siunmary of Total Sales ", stipulated that a summary of sales made under this contract must be furnished to the Division of Purchasing at the end of each contract quarter in the format specified in this contract. Should you not make any sales during a quarter, a negative report. must be submitted. Please submit your acceptance of this option for renewal on or before April 08, 1997. Acceptance of your agreement for renewal is subject to final approval of the Division Director. Should you have any questions, please call me at (904) 487 - 0663. Purchasing Analyst Bureau of Standards SF:ds ACCEPTED: ual Signature) gyped Signature)(Title) s Ara -rNi)U41`rJ&0 (Company Name) w to Recycled Paper WILLIAM H. LINDNER, SECRETARY I 'r Az State Negotiated Agreement Price Schedule Division of Purchasing 4050 Esplanade Way • Tallahassee, Florida 32399 -0950 To be completed by the Division of Purchasing / / SNAPS Title: M Cov>u T UJ lybU67 ,e/,44- To aC S • SNAPS No. `t y5120 Effective: Federal Employer Identification Number 36. 17506130 Vendor Name Sears Industrial Sales Vendor Mailing Address P.O. Box 42538 State Telephone Number Ohio 1.800.776.8666 • Through: 41- ? ` t SPURS or S.S. Number ­�td17 :� Internet Address City Cincinnati Zip 45242 -0538 Toll -Free Number 1.800.776.8666 Area to be Served Entire State of Florida Delivery will be 5 days after receiving order. Warranty Various /Some Unlimited Check box(es) which apply. If yes, describe in space provided. No Yes Product contains recycled content ❑ ❑ Product provides energy conservation factors ❑ ❑ Product has environmentally desirable characteristics ❑ ❑ The economies inherent with having a single Product conserves resources RmirrP fr)r industrial tools ..APP Desrri_ni_on of Products /Services attached.- Posting of SNAPS Agreement Proposals with recommended awards will be posted for review by interested parties at the location where proposals Were negotiated, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. All proposals accepted by the State are subject to the State's terms and conditions and any and all additional terms and conditions submitted by the proposers are rejected and shall have no force and effect. Posting will be on or about: l��h Q-P 3 3 , L49'(a I certify that this agreement is made without prior understanding, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and w thout collusion or fraud. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the proposer and that th a proposer is in compliance with all requirements, including but not limited to certification requirements. In submitting a_eNposaQhe proposer offers and agrees that if the proposal is accepted, the proposer will convey, sell, assignor transfer to f Flori 1 nigh a and interes �n and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida to ric iXin relating to the panicu rcommodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be a e an a tive at the time a purchasing agency lenders final payment to the proposer. 11tSi F ue A < ' s . Au ofte sec's Signature R. W. Ledbetter Proposers Name (Please Print) µ`°°"'ms Authorized Sign lure C L'PAtrl'MENT or hIMAGEM S.E. District Manager ; SEALS TNDIJ S P.o. Box 934'759,1' Tcic-. 1.954 -9$4 -4285 Fax: 1 -954 Ar, SALES (gate, Fl. 33093 t4 -4285 Roland Kendall 03408 Hid pricing expires 6-16-1997 Prepued for ship to: South South Miami, City of M Motor Pool 4795 4795 SW 75th. Ave. M' Miami, FL 33155 1 Date; Customer Na. Refeterme ID 5 -12 -1997 34- 000000 -000 Initial Quote Thm* You for the chance to Quote. r Stuck number rkwiption 1 9 -18804 CP - Air Ratchet #825 2 9- IR21312 IR -1/2" Imp.Wr. #21312 3 9 -18803 CP -Air Ratchet #828 4 9- 800114 329 pc. Tool set w/ chest & roll -a way 5 9 -82402 Multitester 6 9 -43019 24 pc PumWichisel set 7 9- SFG425 Omega -Floor Jack 8 9 -67115 Twist Drill Bit Set 115 Pc 9 9 -23510 10" Mitre Saw 197.91 ( Will get hack to you on blades) Page 1 of 1 File ID 803 Miami, City of otar Pool SW 75th. Ave. ami. FL 33155 Merchandise Total Requosted by Pedro 305 -663 -6335 Page Quay Price Extended 188 2 62.96 125.92 187 1 206.96 206.96 188 l 62.96 62.96 22 3 1,075.50 3,226.50 143 1 22.46 22.46 3 44.96 134.88 236 1 386.10 386.10 212 1 197.91 197.91 220 1 152.96 152.96 4,516.65 4,516.65 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: or, nda FROM: Dennis Whitt, City Manager DATE: July 17, 1997 RE: Agenda Item # A Comm. Meeting July 22, 1997 Equipment Maintenance Contract The attached resolution will rescind Resolution 118 -97- 10088, and authorize the City Manager to contract with AM Computer` Services for maintenance of all city PC equipment. We are utilizing State Negotiated Agreement Price Schedule #933455 instead of going through the bid process for this service. The previous contract approved by resolution 118 -97 -10088 included only a portion of our PC equipment. The new contract will be in the amount of $9,900.00, and will be charged to account A 001- 2100 - 519 -4635, "Non- Department6l Maintenance PC Equipment." I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCINSION OF RESOLUTION NUMBER 118 -97- 10088, AND AUTHORIZING THE CITY MANAGER TO ENGAGE AMI COMPUTER SERVICES FOR THE ANNUAL MAINTENANCE OF CITY PC EQUIPMENT. WHEREAS, the City Commission has approved Resolution Number 118 -97 -10088 authorizing the City Manager to renew the maintenance agreement of city owned PC equipment with AMI Computer Services for a period of one year, and an amount not exceeding $4,545.00, and WHEREAS, the City Administration wishes to add more equipment to the initial maintenance agreement referenced above, resulting in service fee increase to be paid to AMI Computer Services for the year, and WHEREAS, AMI Computer Services has assured us of fair pricing on the service fee for the additional equipment by providing us a copy of its bid agreement with the State of Florida, titled State Negotiated Agreement Price Schedule, copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. Resolution Number 118 -97 -10088 is hereby rescinded. Section 2. the City Manager is authorized to engage AMI Computer Services for the maintenance of all city PC equipment for one year at a fee not exceeding $9,900.00 to be charged to account number 001 - 2100 -519 -4635, titled, Non - Departmental Maintenance PC Equipment. Section 3. 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: MAYOR r 6ul -09 -97 03.40P AMI Cornputer Servica 352 -242 -3868 P_03 &MI-Q # 1039 1040 1041 1042 1045 1351 5175 Closed for Suer. Closed for Ssxn. Closed for Sum. Closed for Sum. Closed for sum. Closed for Sum, 5181 5182 5188 5187 5195 1777 5196 5206 5212 5198 5199 5200 5201 5207 5209 5210 5211 52'13 5214 5215 5216 5218 5220 11798 11799 11800 11802 11803 of i 1996-97 _ USER FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE AFTER SCHOOL HOUSE AFTER SCHOOL HOUSE " AFTER SCHOOL HOUSE " AFTER SCHOOL HOUSE AFTER SCHOOL HOUSE AFTER SCHOOL HOUSE Q AFTER SCHOOLHOUSE . CITY CLERK CITY CLERK FINANCE FINANCE BUILDING & ZONING BUILDING 8 ZONING " CENTRAL SERVICES COMPUTER ROOM COMPUTER ROOM POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEFT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT, POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. Sheetl Equipment to be covered under new agreement if resolution is approved. DESCRIPTION BURROUGHS B28 MASTER BURROUGHS 525 WORKSTATION BURROUGHS B25 WORKSTATION BURROUGHS 525 WORKSTATION UNISYS API 351 PRINTER BURROUGHS B25 WORKSTATION 11I[a1 I f-L 386 CLONE IBM 486133 PC IBM VALUE POINT PC IBM PS /2 MODEL 57 PC BROTHER WORD PROCESSOR? HP LASERJET PRINTER HP DESKJET 6600 PRINTER 386 CLONE HP LASERJET III 286 CLONE OKIDATA 321 PRINTER HP DESKJET 500 EPSON Lt2 $70 PRINTER HP DESKJET 500 EVERCOM 9600 BAUD MODEM PANASONIC 4450 NEC TERMINAL NEC TERMINAL NEC TERMINAL NEC TERMINAL NEC TERMINAL NEC TERM! -NAL NEC TERMINAL NEC TERMINAL NEC TERMINAL NEC TERMINAL NEC TERMINAL NEC TERMINAL HP LASERJET III HP DESKJET 500C PCs P110C 486 CLONE HP LASERJET 4L 486 CLONE 486 CLONE dul -09 -97 03:40P AMI Computer Servica 382 -242 -3868 P_04 11804 11805 1788 11806 11807 5204 5212 11801 1787 1782 1780 1778 1779 1791 1783 1784 1786 1785 1790 1792 1781 1793 1799 1798 1794 1797 1796 1795 11808 11809 11810 1800 11523 11783 11794 11795 11796 11797 1801 1802 1803 POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * POLICE DEPT. * PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS HAKEEM PARKS AND RECREATION PARKS AND RECREATION HAKEEM HAKEEM CITY MANAGER OFFICE OF DEVEL.. * OFFICE OF DEVEL. * OFFICE OF DEVEL. Sheets HP DESKJET 12000 HP SCANJET II CX SCANNER US ROBOTICS 14.4 MOD, HP LASERJET III 48+6 CLONE PANASONIC KXP 4420 LASER PANASONIC KXP 4450 LASER NCR SERVER SERVER DIGIBOARD DELL PS PC HP LASERJET 5P DELL P5 PC DELL P5 PC LEXMARK OPTRA R+ LASER PTR DELL P5 PC DELL P5 PC PANASONIC KXP 4410 LASER DELL PS PC DELL P5 PC DELL PS PC LEXMARK OPTRA R+ LASER PTR DELL PS PC HP 500CC DESKJET PRINTER US ROBOTICS 33/6 MOD. DELL P5 PC 486 PC CLONE HP DESKJET 16000 PRINTER HP SCANJET 4C SCANNER 486 CLONE 486 CLONE HP LASERJET 4 PLUS OKIDATA OL 400C 486 CLONE COMPAQ PROLINA 433 HP LASERJET 4L CANON COLOR SUBBLEJET CITIZENS 145 PRINTER HP LASERJET 4L ACER COMPUTER ? ACER COMPUTER ? HP 850 COLOR PRINTER TOTAL $15,310.00 Page 2 0 Im dun -05 -97 03:35P AMI Computer Servica Sheetl City of South Miami 1996 -97 Inventory 352 - 242 -3868 P.04 Equipment covered under first contract approved. AMI ID # USER DESCRIPTION 1039 FINANCE BURROUGHS B28 MASTER 1040 FINANCE BURROUGHS B25 WORKSTATION 1041 FINANCE BURROUGHS B25 WORKSTATION 1042 FINANCE BURROUGHS B25 WORKSTATION 1045 FINANCE UNISYS API 351 PRINTER 1351 FINANCE BURROUGHS B25 WORKSTATION TOTAL 5175 SCHOOLHOUSE 386 CLONE 5181 CITY CLERK 386 CLONE 5182 CITY CLERK HP LASERJET III 5186 FINANCE 286 CLONE 5187 FINANCE OKIDATA 321 PRINTER 5195 BUILDING & ZONING HP DESKJET 500 5196 CENTRAL SERVICES HP DESKJET 500 5198 POLICE DEPT. NEC TERMINAL 5199 POLICE DEPT. NEC TERMINAL 5200 POLICE DEPT. NEC TERMINAL 5201 POLICE DEPT. NEC TERMINAL 5206 COMPUTER ROOM EVERCOM 9600 BAUD MODEM 5207 POLICE DEPT. NEC TERMINAL 5209 POLICE DEPT. NEC TERMINAL 5210 POLICE DEPT. NEC TERMINAL 5211 POLICE DEPT. NEC TERMINAL 5212 COMPUTER ROOM PANASONIC 4450 5213 POLICE DEPT. NEC TERMINAL 5214 POLICE DEPT, NEC TERMINAL 5215 POLICE DEPT. NEC TERMINAL 5216 POLICE DEPT, NEC TERMINAL 5218 POLICE DEPT. NEC TERMINAL 5220 POLICE DEPT. HP DESKJET 500C 11798 COMMUNICATION PCs P110C 11799 COMMUNICATION 486 CLONE 11800 COMMUNICATION HP LASERJET 4L 11802 CID ROOM 486 CLONE 11803 CST ROOM 486 CLONE 11804 CST ROOM HP DESKJET 12000 11805 CST ROOM HP SCANJET II CX SCANNER 11806 CHECK OFFICE HP LASERJET III 11807 CHIEF SECRETARY 486 CLONE 11808 PUBLIC WORKS 486 CLONE 11809 PUBLIC WORKS 486 CLONE 11810 PUBLIC WORKS HP LASERJET 4 PLUS Page 1 _ 5,450.00 16 dun -05 -97 03:36P AMI Computer Servica 352 -242 -3868 P.05 11523 HAKEEM 11793 RECREATION 11794, RECREATION 11795 HAKEEM 11796 HAKEEM 11797 CITY MANAGER Sheetl 486 CLONE COMPACT PROLINA 433 HP LASERJET 4L CANON COLOR BUBBLEJET CITIZENS 145 PRINTER HP LASERJET 4L TOTAL GRAND TOTAL Page 2 4,545.00 $9,995.00 1E Jul -08 -97 11 :29A AMI Computer Servica 352 -242 -3868 P.02 July 8, 1997 Mr. Hakeem Oshikoya City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Hakeem: Miami Orlando Tallahassee Tampa Per our phone conversation, I am sending information about the "State Negotiated Agreement Price Schedule" (SNAPS). Enclosed with this letter is a copy of our agreement acceptance form signed an initialed by the State of Florida Department of Management Services. Our SNAPS number is 933455. This agreement allows AMI to sell computer maintenance and support services to State Agencies in the amount of up to $250,000 per year without going though the bid process. A pre- negotiated price schedule has been submitted and approved for use under this plan. If the City of South Miami can take advantage of this agreement, we are prepared to allow you state pricing on your contract. Please let me know if you can make use of the SNAPS program. Since , Phil Kelley Sr, President Corporate Offices - Central 1010 East Avenue Clermont, FL 34711 Corporate Offices • South 6175 N.W. 167 St., #38 Miami, FL 33015 TOLL FREE 1 800 663 -0227 t1& Jul -08 -97 11:29A AMI Computer Servica 352 -242 -3868 Po03 To be completed by the Division of Purchasing " SNAPS Till i SNAPS No. Effective: 0 -I I c1 ' ThrOUgh: Federal Employer Identification Vendor Name ,1 SPURS or S.S. (lumber Internet Address i Vendor Mailing Address . n 0 E .a x .oses9 City Clermont State Florida zip 34711 Telephone Number _ c 800 i 683 -02 27 Toll -Free Number same Area to be Served —_ State O f f t Q- d g _ Delivery will be days after receiving order. Check bolq") which apply. If Yes, describe M space provided. No Yes Product contains willed content Product provides srrergy acttserAtion factors Warranty I Product has erwironmenially desirable characteristics 0 7_ Product canor"s resources Encomgas an ev"Ing technology vo" of smAPS A@va.rnant 7- Xj Xg ProYids Hi;jh barb SerVjreG Propaaoli witto raWmmandW awards w+h Da Dasead Won r+WrrrDp ifllarealad barl$ra al dfa laallian Wwsr DlbPOaOm rraf9 nagoaltad. aria w$u namatl pwW br a i» of M feOrlrs. t o at to No a patast widen tl a tans ptatctibad in Season 120.53(,51. Flandk $retype, Shall ocnatttula a wai% W of prpraatlinpa undw Chahar 420. rWWI Seattnas. AN Proposals IOOapAd �y Cie Swm are swt4w left Slate's farm$ and conditions and any anti as additional tarns and con 0w* auamicad by ft prc+yosws a» raJaaa tl and ahWl Mrs no loran aM dhat. POWeig will Da On er aDUeR• I candy lh&t ail$ agraamam Is rrada wOhoui poor undannindau or conriacllorl wsh any aerpamsan. firm. or Dlw %&n m9g a omomt t- OM lama aL D sn ar m mere and d in all a1 fair aria walrouI collusion Or fraud. t agrm t® WWO by all aoridiaons of ft PrODd$a1 and 09rlMy Ina( I am auCgArOd to ogn fhis prop" for ffra Pr9Posw and dial Ne$ propBalN s in oomOaanOa wldl Of 040Omana, ndudr+g Dar not WnilO b Oaetl6e+llloaf rraupaawrns. In wlanidin{) a prol3oail, llli DrOpoa9r DNfaa anal apneas f1NT Kola pn,9oaal b loca00ad: RN prOPaaar wit Oor*la1r. aa$, ' or hant/er ro t" Som at fAVOr ids, an w"S. I" anal i W40 r Ord w &I MOM at &elms rnaynow or hatatiMe KVUNa un€far ft An*U W Lawn of ft t�ri$ad Strraa told the 5u$fe t>f r p on 9irafig rafYYlg f0 Pancular oommOdaa or saWan purrhaaao of aCquirad by fha slate oo Fionea, lu tM Stasa's dataefkn, sod asaie+ment seas toe marts and bwww ywyne via purcpa aaway tandel$ least pay neor ro ris mposerr, pgjLLIP f( .EY, PRESID NT Proposer's Name (PIN - I Print) P,,EsrnENT '/6 RESOLUTION NO. 1 i s -w- i nnsR A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE MAINTENANCE AGREEMENT OF CITY OWNED PC EQUIPMENT WITH AMI COMPUTER SERVICES FOR A PERIOD OF ONE YEAR AND APPROVING THE DISBURSEMENT IN THE AMOUNT, NOT TO EXCEED, $4,545.00 FOR THE SERVICE TO BE CHARGED TO ACCOUNT NUMBER 001- 2100 - 519.4635, TITLED, "NON DEPARTMENTAL- MAINTENANCE PC EQUPMENT". WHEREAS, after following the City's competitive bid procedure, last year the City Commission authorized the City Administration to enter into a one year agreement with AMI Computer Services for the maintenance of all City owned PC equipment; and WHEREAS, after one year of service the City Administration wishes to extend the maintenance agreement for another year, providing the amount does not exceed last year's fee in the amount of $4,545.00. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF SOUTH MIAMI, FLORIDA. THAT: Section 1. The City Manager is authorized to sign a one -year renewal agreement with AMI Computer Services for the maintenance of all City -owned PC equipment. Section 2. The disbursement for this service be charged to account number 001 -2100- 519.4635, titled, "Non - Departmental- Maintenance PC Equipment ". PASSED AND ADOPTED this 10 day of June 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: 5 -0 Mayor Price: Yea Vice Mayor. Robaina Yea Comm. Oliveros: Yea Comm. Bethel: Yea Comm. Young: Yea CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Ma r and City Commission From: L. Dennis Whitt City Manager REQUEST: Date: July 18, 1997 Agenda Item # Re: Comm. Mtg. 07/22/97 Einstein Bros. Special Use Restaurant A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL ", PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The applicant, Einstein Bros. Bagels, is requesting a special use permit to operate a Restaurant, General at 5946 South Dixie Highway. The previous use at this location was a gasoline service station. The new restaurant will provide seating capacity for 40 patrons, including indoor and outdoor seating, as shown by the proposed floor plan presented as part of this application. The definition of General Restaurant, special use conditions for all uses, and specific conditions for General Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. City Manager's Report: Einstein Bros. Special Use Restaurant The proposed use is located in the "SR" Specialty Retail / Residential zoning district and the Hometown District. A "restaurant, general" is permitted as indicated under Section 20 -7.12 (A) of the Land Development Code [use listed on page 156]; however, the use is noted by an asterisk which is explained under Section 20 -7.12 (C) [found on page 158], indicating that "uses marked with an asterisk require a special use permit." Thus, such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A) General Requirements [from Section 20 -3.4; found on page 39 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements [from Section 20 -3.4; found on page 40 of the Land Development Code] (4) RESTAURANTS (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. ANALYSIS: Staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111], regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4 and that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (B)(1)(a)]; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (B)(1)(b)]; and, c) Complies with all other applicable Code provisions [Section 20 -5.8 (B)(1)(c)]. City Manager's Report: Einstein Bros. Special Use Restaurant 2 ' The Planning Board voted 6:0 to recommend approval of the Special Use Permit, in order to operate a "Restaurant, General," to be located in the "SW' Specialty Retail/Residential zoning district and located in the Hometown District Overlay, pursuant to Section 20- 3.4(B)(4)(b) and Section 20 -7.12 (A) of the City's adopted Land Development Code. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Planning Board Staff Report by Brian T. Soltz Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Photocopy of "Einstein Bros. Bagels" Menu Reduction of the Proposed Interior Layout Reduction of the Proposed Exterior Site Plan Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) June 5, 1997 Excerpted Planning Board Minutes Items Submitted after the Planning Board Meeting: Reduction of the Revised Proposed Interior Layout Reduction of the Revised Proposed Exterior Site Plan Reduction of Proposed Elevation with Lower Canopy City Manager's Report: Einstein Bros. Special Use Restaurant 3 17 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL", 7 PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND 8 DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 9 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; 10 PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, Einstein Bros. Bagels, represented 15 by Mr. Javier Font, R.A. of Behar Font & Partners, P.A., has made 16 an application to request a Special Use Permit to operate a 17 "Restaurant, General," in the "SR" Specialty Retail /Residential 18 zoning district and in the Hometown District Overlay, pursuant to 19 Section 20- 3.4(B)(4)(b) of the Land Development Code; and, 20 21 WHEREAS, the property is located at 5946 South Dixie Highway 22 South Miami, Florida, 33143, and is legally described as follows: 23 24 Lots 11, 12, 13, 14, 15, 16, 17 and 18, and 5 feet of 25 the alley lying southeasterly and adjacent to Lots 11, 26 12, 13, 14 and 15, less various dedications for roads 27 along S.W. 73 Street and South Dixie Highway (US1 /SR5), 28 "DORN'S BROTHERS SUBDIVISION," according to the plat 29 thereof as recorded in Plat Book 3 at Page 199 of the 30 Public Records of Dade County, Florida; and, 31 32 WHEREAS, the property owner has submitted a letter of intent 33 authorizing the future use proposed by the applicant; and, 34 35 WHEREAS, Planning Division staff has recommended approval of 36 the application for a Special Use Permit, which recommendation is 37 based upon (a) the merits of the application and (b) consistency 38 with the City's adopted Comprehensive Plan; and, 39 40 WHEREAS, on June 5, 1997, the Planning Board voted 6:0 to 41 recommend approval of the Special Use Permit; and, 42 43 WHEREAS, the Mayor and City Commission of the City of South 44 Miami desire to accept the recommendation of the Planning Board. 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 47 THE CITY OF SOUTH MIAMI, FLORIDA: Einstein Bros. Special Use Restaurant: Public Hearing July 22, 1997 1 / 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 1. The request submitted by Einstein Bros., tenant, for a Special Use Permit to operate a "Restaurant, General," which is to be located in the "SR" Specialty Retail /Residential zoning district and located in the Hometown District, pursuant to Section 20 -3 .4 (B) (4) (b) and Section 20-7.12(A) of the adopted Land Development Code, is hereby granted. Section 2. This approval is subject to and dependent upon the restriction and limitation of the "Restaurant, General" use to 5946 South Dixie Hwy, as indicated on the submitted site plan. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is being utilized for restaurant purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami for the subject property. Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including storage, food preparation, deliveries or any other services related to this restaurant use. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 22nd day of July, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: ITS P_ • CITY ATTORNEY c:\ ... \ reports \ 5946 Dixie - 3 Res.doc Einstein Bros. special Use Restaurant: Public Hearing July 22, 1997 2 , CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Bill Mackey, AICP Date: May 29, 1997 Director of Planning & Zoning From: Brian T. Soltz Re: Einstein Bros. Bagels Planner 5946 South Dixie Highway ITEM: PB -97 -020 Applicant: Gulfstream Bagels, L. P. D /B /A Einstein Bros. Bagels, Inc. Request #1: A Special Use Permit for a "Restaurant, General" in the "SR" (Specialty Retail) zoning district, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Request #2: Special Parking Permit to reduce the number of off - street parking spaces by up to fifty (50) percent, pursuant to Section 20 -4.4 (H) for property located within 1,500 feet of the MetroRail transit station and located in the "SR" Specialty Retail zoning district. Request #3: A Special Exception to waive compliance with the building placement provisions of the Hometown District Overlay Ordinance, pursuant to Section 20 -7.51 of the Land Development Code. Location: 5946 South Dixie Highway South Miami, Florida 33143 BACKGROUND This application includes three requests. The first request is a Special Use Permit which is required for all restaurants in the Hometown District. When reviewing a Special Use Permit the board must consider and evaluate the proposed use to assure that there will not be any adverse effects on the neighborhood. The second request is for a Special Use Parking Permit which allows properties within 1500 feet of the MetroRail station to request a reduction of required off - street parking by up to 50 percent. When evaluating a Special Parking Permit the board must consider the nature and type of use and its potential user relationship to rapid transit facilities. The third request is a Special Exception to waive compliance with the building placement provisions of the Hometown District Overlay Ordinance. When reviewing a Special Exception the board must find substantial competent evidence that the application complies with Section 20- 7.51(A)(1)- (7) shown as attachment 1. i7 ANALYSIS The analysis section of this report will be split into three parts, one for each request. Special Use Permit The proposed restaurant is located in the Hometown District which promotes a pedestrian oriented environment. Einstein Bros. Bagels will promote these important characteristics. As stated in the applicants letter of intent the use will cater towards the nearby offices and the pedestrian traffic in the district. In addition, staff believes that the requested special use: A) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; B) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and C) Complies with all other applicable Code provisions. 2. Special Parkin Pg ermit The proposed use is a restaurant which has a parking requirement of 1 space per every 100 square feet of gross floor area. Since the proposed use is 1,850 square feet the required number of off - street parking spaces is 19. The applicant's proposal provides 12 of the 19 required parking spaces including the one required handicap space; therefore, the request is for a 36.9% reduction or 7 spaces. Staff believes that it is difficult to comply with the required restaurant off- street parking provisions because of the odd configuration of the lot and the size of the proposed use. 3. Special Exception A special exception is required for this proposal due to the addition of the coolers and the existing placement of the structures on this property. The Hometown District Overlay Ordinance requires that structure be placed on the property line and that 100% building frontage be observed on the US 1 side and 30% -70% building frontage be observed on the 73 Street side [Attachment 2]. Since the proposal utilizes the existing gasoline service station structures, the proposal cannot meet these regulations. When reviewing the project staff was unable to find substantial competent evidence that the proposal meets Section 20- 7.51(1) - (7). In particular Section 20- 7.51(3) [Attachment I]. COMPREHENSIVE PLAN The request does not conflict with the adopted Comprehensive Plan of the City of South Miami. APPLICABLE REGULATIONS Land Development Code • Section 20 - 5.8 (Special Use Permit) • Section 20 - 7.12 (Hometown District Permitted Uses) • Section 20 - 4.4(H) (Special Parking Permit) • Section 20 - 7.51 (Special Exception) Z • Section 20 - 7.7 (Hometown District Building Placement) RECOMMENDATION Request #1 Staff recommends APPROVAL of the Special Use Permit with the condition that the applicant be limited to 40 seats maximum. Request #2 . Staff recommends APPROVAL of the requested Special Parking Permit for a 36.9% reduction. Request #3 Staff recommends DEFERRAL of the requested Special Exception with the condition that the applicant return with a revised site plan that meets the building placement and frontage requirements. 1SMOMPlanning0anning Board\Reports\Einstein Bros Bagels Staff Report /1 %'er r,",i'.. ATTACHMENT 1 20 -7.51 Special exception. (A) The city commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance (this articlel. In granting a special exception, the city commission must find by substantial competent evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Home- town District regulations. (2) The proposed development is compatible with the land uses and development inten- sities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the de- sign criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. lo? 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JWI .ralwYe. p. M . I YN r .•MMrI /01 152 Robin's Building Enterprises 09 may 1997 Mr. Brian Soltz City Planner City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: 5946 South Dixie Highway Dear Mr. Soltz: As owner of the above referenced property, I approve and concur with Einstein's Bagels and the City of South Miami to go forward with the public hearing process to seek approval. �y 11 Sinct;re 7 , 11 rve Amster 7206 S.W. 59th Ave, • South Miami, FL 33143 • (305) 662-1226 • Fox (305) 662-1038 TOTAL P.01 f 7 BEHAR FONT P A R T N E R S, P. A. ARCHITECTURE • PLANNING • INTERIORS May 08, 1997 City of South Miami Planning Board 6130 Sunset Drive South Miami, FL 33143 Re: Special Use Application Bros. Bagels, Inc. 5948 South Dixie Highway To Whom It May Concern: Please accept this letter as a formal application for a special use variance to allow an Einstein Bros. Bagels Einstein to operate at the location 5948 South Dixie Highway. Einstein Bros. Bagels is a National Bagel Chain, specializing in high quality bagels, which are baked on site in a steam oven. Sandwiches are prepared from pre -sliced cold cuts with no flying and/or cooking performed on site. Both indoor and outdoor seating will be provided with a total not to exceed fifty seats. Enclosed please find a menu for a typical Einstein's Restaurant. The common hours of operation range from early morning to approximately 6: 00 PM. - - We strongly feel, that this use is not only compatible with the land use development plan, but will serve a much needed service to the community. After careful study Einstein Bros. Bagels has selected this site based on its proximity to the adjacent hospital and office development, and Metrorail Station in the hopes of further promoting and capturing the pedestrian traffic with in the Hometown District. We are certain that our store will be a positive addition to the city as well as a much needed redevelopment of an important intersection of the city. We tthank you for your intrest and anxiously await your approval. i i Sincerely, ,t J vi Font, R.A. Certification No. AA0002451 999 Poncc de Leon Bkd • Suite 750 • Coral Gables, FL 33134 Tel (305) 446 -6220 • Fax (305) 529 -0140 T CA cn V .°{r y c sm CID -n . ° N a mn� CF a a -o �+ > oNm O O !^ a ° cm CD S rn ° C^ v = H m cc S N r O N T •(q, vi T a a T N n r a ° 3 �+ �r c o o a p s z O H 'TPT. O O � '^, t •� stn NS ern RS I Ell a R/i m = .� CL 1'r'1 •,, �., o ,., O O = S W A Ifni to _ H� o a � y V•O N N m SC C! m m O m � C z = C.33 Z W.O M- BE o • H 3 in m e7 C7 R7 e*+ H a, (n •� ..i J^ � - do CD CD CL x 4 m y1 1 ca .rvm rO N o CL C A9� C N fD x cl, G2 CD 0 .O . ;: r 0 o ' 3 m to ur 0 CC s _ 3 m w : m p:� N' t4 ,a gyp° S - • G y CEO O t ° �` �£.- N w"k". ° ,� ! 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O C7 8COp !4 To z <p °�, r, J ­1 a m • ;� ` = = r R• to r+7 _ " . cpr*+yj a� ,NQN Q W p ��!�? t ��j �, d 3 m f n ��IP C0 r+ :•coo c °co 'cm.m 4�W� `DAYyS R1 mc 0 67 n W rnao Tpz 0. EY cc tc i P�i7 N T CA CD AAA H O z'•r \/ Y tol � 5 a f EINSTEIN BROS. BAGELS U.S.1 & 73RD STREET Y t e MIAMI. FLORIDA LOUIPMENT PLAN � 5 INOPIN v;nf" all gig E0 R B LINSTLIN MOS. HAGLLS D IZr i i ¢ 3 SOUTH MIAMI FLORIDA T ,.., re'sram� fir, �eir�r �r rmw. ;.. .a ;ar,,� gig E0 B LINSTLIN MOS. HAGLLS (/) 5948 SOUTH DIM: HIGHWAY i ¢ 3 SOUTH MIAMI FLORIDA T ,.., re'sram� fir, �eir�r �r rmw. ;.. .a ;ar,,� 1'�^�l�,:.. ..�f�•.., .,.. �-?,�r gig ..� NOTICE OF PUBLIC HEARING CITY OF SOUTH NHANH Planning and Zoning Division 6130 Sunset Drive; South Miami, Florida 3314' (305) 663 -6327; Fax #: (305) 666 -4591 On Thursday, June 5, 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 -020 Applicant: Gulfstream Bagels, L. P. D/B /A Einstein Bros. Bagels, Inc. Request Al: A Special Use Permit for a "Restaurant, General" in the "SR" (Specialty Retail) zoning district, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Request #2: Special Parking Permit to reduce the number of off - street parking spaces by up to fifty (50) percent, pursuant to Section 20 -4.4 (H) for property located within 1,500 feet of the MetroRail transit station and located in the "SR" Specialty Retail zoning district. Request #3: A Special Exception to waive compliance with the building placement provisions of the Hometown District Overlay Ordinance, pursuant to Section 20 -7.51 of the Land Development Code. Location: 5946 South Dixie Highway 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. /07 I � 4 x 16 �z w ,f n r • ! f 7' )� N t• N a. r p", ./ �V f, H , t • e rill, - -- MAILING AREA - -- APPLICANT: GULFSTREAM BAGELS, L.P. D/B /A EINSTEIN BROS. BAGELS, INC. OWNER: HARVEY AMSTER 1 • a a. �.sa11a.Y i NORTH ADDRESS: HEARING NUMBER: 5946 SOUTH DIXIE HIGHWAY PB -97 -020 REQUEST: DATE: SPECIAL USE PERMIT JUNE 5"9 1997 CITY OF SOUTH MIAMI PLANNING BOARD %'7 - v EXCERPTED SUMMARY MINUTES Planning Board Thursday, June 5`k', 1997 City Commissioners' Chambers 7:30 P.M. ITEM: PB -97 -020 Applicant: Gulfstream Bagels, L. P. DB /A Einstein Bros. Bagels, Inc. Request # 1: A Special Use Permit for a "Restaurant, General" in the "SR" (Specialty Retail) zoning district, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Request #2: Special Parking Permit to reduce the number of off - street parking spaces by up to fifty (50) percent, pursuant to Section 20 -4.4 (H) for property located within 1,500 feet of the MetroRail transit station and located in the "SR" Specialty Retail zoning district. Request #3: A Special Exception to waive compliance with the building placement provisions of the Hometown District Overlay Ordinance, pursuant to Section 20 -7.51 of the Land Development Code. Location: 5946 South Dixie Highway South Miami, Florida 33143 1. Mr. Basu read the request into the record. 2. Staff presented the item to the Board, reviewing each of the three requests involved in the application. a. Staff noted that they were recommending deferral of the third request for a Special Exception concerning placement of the building on the subject property, as detailed in their report dated May 29, 1997 and provided to the Board. 3. Mr. Javier Font spoke as the representative; however, he did not sign in for the record. a. Mr. Font opened by relating background information on the establishment involved, namely Einstein Bros. Bagels, citing its store in Denver, Colorado as a similar example for the proposed South Miami store. Excerpted PB Min 6 -5 -97 1 l07 b. Mr. Font reviewed each of the three requests contained in the application, noting the company's beliefs that the site would be "ideal" for a restaurant; that a maximum of 40 seats would be sufficient for the restaurant; that the restaurant would promote pedestrian traffic in the area; and that relocating the building elsewhere on site would prove unfeasible. 4. Discussion of the application ensued, including renovations to the structure; infrastructure improvements at the site; financial difficulties for relocating the structure on site; and other projects proposed for the vacant property. 5. Public hearing was opened. a. Mr. Tom Cooper, of 5851 SW 87 Street, signed in to speak before the Board. Mr. Cooper inquired as to the specific nature of the request. b. Staff responded that a "special exception ", as opposed to a "variance ", was involved in tonight's proposal, particularly in relation to request number 3 of Item PB -97 -020. c. Staff read into the record the seven items listed in 20 -7.51, Special exception, of the City's Land Development Code and provided to the Board as Attachment 1. Staff noted their belief that PB -97 -020 failed to meet the requirements of number 3 contained in the list. d. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. He opined that the nature of many establishments, particularly casual places for coffee and sandwiches, had changed, and he urged the city to "welcome" this type of informal atmosphere back into South Miami. Mr. Tucker stated that he believed the Hometown PIan would be maintained by this specific development. 6. Public hearing was closed. 7. Discussion of the application continued, including placement of the building on site if the requirements of number 3 from the special exception list were to be met; *and including generation of additional traffic in the area particularly in regard to deliveries made at the restaurant. 8. Mr. Basu suggested that, as it is likely the building will remain as currently situated on site, there are factors with this application the City may examine in consideration of the Hometown Plan, such as promoting pedestrian amenities in the triangular area of the property and along the subject right -of -ways, including US 1. 9. In further discussion of the application, Mr. Pages suggested that the applicant work on the design of the structure, in order that it may look less like a gas station and more like a restaurant. Mr. Basu suggested that the applicant reconsider the canopy, in order to bring it into proper scale for restaurant use. Excerpted PB Min 6 -5 -97 2 11 10. Motion: Mr. Basu moved approval of request number 1 of Item PB -97 -020, as presented. Ms. Dupree seconded the motion. 11. Vote: Approved: 6 Opposed: 0 12. Second motion: Mr. Basu moved approval of request number 2 of Item PB -97 -020, as presented. Ms. Dupree seconded the motion. 13. Vote: Approved: 6 Opposed: 0 14. Third motion: Mr. Basu moved approval of request number 3 of Item PB -07 -020, based on the conditions that the applicant work with City staff (1) to improve the pedestrian experience along South Dixie Highway, which may include additional landscaping; and (2) to reconsider the building's elevation along South Dixie Highway in order to humanize its scale as envisioned by the Hometown Plan, which may call for removal of the canopy. Ms. Thorner seconded the motion. 15. Vote: Approved: 6 Opposed: 0 Excerpted PB Min 6 -5 -97 3 17 NTr� 3 !v rp Z rip ° © O g p ££ U.S.1 & 73RD STREET ®� b lag D 3 MIAMI, FLORIDA t / !! �� 1 47 0 4 EQUIPMENT PLAN 3 i f f p E EINSTEIN BROS. BAGELS g /07 j a EINSTEIN BROS. BAGELS 5948 SOUTH DIXIE HIGHWAY ®i �, 0 SOUTH MIAMI, FLORIDA S 1 r a b SITE PLAN 3 /07 :o m b m r m D X EA o 'z b � m m D O Z EINSTEIN BROS. BAGELS4f U.S.1 & 73RD STREET a x 9 ax N ¢ a 4 MIAMI, FLORIDA a. ELEVATION 1*7 r. 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 f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 7/22/97 RESOLUTION PERMIT FOR A "RESTAURANT GENERAL", ETC. In the ........... XXXXXXX ..I ................... Court, pub waAliahe f i' said ts"paper in the issues of Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of rtlsement; and affiant further says that she has nelth pal nor promised any person, firm or corporation any scou rebate, commission or refund for the purpose of uri this advertisement for publication in the said ne oa c 11 S J 111yd subscribed before me tt� ...... day of ......................... A.D. 19...... (SEAL) Sookle Wllllams OFFICIAL NOTARY SEAL IC Pelyk Y P no toBtdERYL H MARMER 0 COMMISSION NUMBER Q CC545384 1 MY CMOAS.SION EY.PIRES F0F FtQ µPR. 12,2000 7 iTY OF' SOUTH MIAMI , TICE OF PUBLIC '� ARrNG 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, July 22, 1997, g .beginnin at 7:30 p.m., in the City Commission Chambers, 6130 Sunset nin at consider the following to A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF SOUTH MIAMI; FLORIDA, REE"n- All SS ON ' A. REQUEST FOR_ A SPECIAL USE PERMIT,EQrj.," 7A't ?3ESTAURANT, GENERAL",`,PURSUANT TO SECTIOW 2b-:. 34 8)(4) OFTHE:IAND DEVELOPMENT CODE_REGA_8D- , : -"'_ ING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE u HIGHWAY,- .SOUTH MIAMI, FLORIDA 33143; PROVIDING'-,,,. FOR A LEGAL DESCRIPTION; AND PROVIDING EFFECTIVE-DATE. A RESOLUTION OF THE MAYOR AND CITY'COMMISkN OF THE -CITY OF SOUTH MIAMI, FLORIDA, RELATING -TO A REQUEST FOR A SPECIAL PARKING PERMIT ALLOW 1 1NG A 48% REDUCTION OF REQUIRED PARKING FOR­- '. 'UM, ORAIL CONSIDERATION, PURUSANT TO SECTION i A4 4(H) OF THEIAND DEVELOPMENT CODE, REGARD. 1NG`THP_PROPERTY:LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143t'PROVIDING :. FOR A LEGAL DESCRIPTION_;. AND, PROVIDING FOR A L ,`FFECTIVFbATE _ {� a� A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA; RELATING TO A REQUEST FOR A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE- HOMETOWN DISTRICT- OVERLAY ORDINANCE, PUR- SUANT TO SECTION 20 -7.51 OF-THE LAND DEVELOP MEW CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR "A LEGAL DESCRIPTION; °AND,_ PROVIDING FOR AN EFFECTIVE DATE. - Inquiries concerning this item should be directed to the Plammn� & Zoning Dnrtsion at 663 6347 ALL interested parties are invited to attend and will beheard:4 %= Rosetta Taylor, CMC City Clerk h 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. - 7/11 c 97.3- 071152M r CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: or and City Commission Date: July 18, 1997 .i, Agenda Item # From: L. Dennis Whitt Re: Comm. Mtg. 07/ 2/97 City Manager REQUEST: Einstein Bros. Special Use Parking A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL PARKING PERMIT ALLOWING A 48 % REDUCTION OF REQUIRED PARKING FOR METRORAIL CONSIDERATION, PURSUANT TO SECTION 20- 4.4(H) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The applicant, Einstein Bros. Bagels, is requesting a reduction in the amount of required parking spaces for 5946 South Dixie Highway. The proposed restaurant use for the site has a parking requirement of 1 space for every 100 square feet of gross floor area. Since the proposed use is 1,850 square feet, the required number of off- street parking spaces is 19. The original proposal provides for 12 of the 19 required parking spaces, including one handicap space. Pursuant to the Planning Board recommendation for increased landscaping, the applicant has submitted a revised site plan which provides for 11 of the required parking spaces. An additional parking space will be eliminated due to requirements by FDOT; therefore, a total reduction of 48% is necessitated. The City Commission may grant a parking reduction for up to 50% of the amount of required parking spaces, when all or a portion of a proposed structure or use is to be located within 1,500 feet of the Metrorail station, pursuant to the provisions of Section 20 -4.4 (IT) of the Land Development Code. When evaluating a Special Parking Permit, the City Commission should consider the nature and type of use and its potential user relationship to rapid transit facilities. On June 5, 1996, the Planning Board voted 6:0 to recommend approval of this request. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Letter of Intent from Applicant's Representative Please, refer to prior item for supporting documents City Manager's Report: Einstein Bros. Special Use Parking 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 A REQUEST FOR 7 A SPECIAL PARKING PERMIT ALLOWING A 48% REDUCTION OF 8 REQUIRED PARKING FOR METRORAIL CONSIDERATION, PURSUANT 9 TO SECTION 20- 4.4(H) OF THE LAND DEVELOPMENT CODE, 10 REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE 11 HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A 12 LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, the applicant, Einstein Bros. Bagels, represented 16 by Mr. Javier Font, R.A. of Behar Font & Partners, P.A., has made 17 an application for a Special Parking Permit to reduce the number 18 of off - street parking spaces by up to fifty percent, pursuant to 19 Section 20 -4.4 (H) of the City's adopted Land Development Code, 20 for property located within 1,500 feet of the Metro -Rail transit 21 station and located in the "SR" zoning district; and, 22 23 WHEREAS, the property is located at 5946 South Dixie Highway 24 South Miami, Florida, 33143, and is legally described as follows: 25 26 Lots 11, 12, 13, 14, 15, 16, 17 and 18, and 5 feet of 27 the alley lying southeasterly and adjacent to Lots 11, 28 12, 13, 14 and 15, less various dedications for roads 29 along S.W. 73 Street and South Dixie Highway (US1 /SR5), 30 "DORN'S BROTHERS SUBDIVISION," according to the plat 31 thereof as recorded in Plat Book 3 at Page 199 of the 32 Public Records of Dade County, Florida; and, 33 34 WHEREAS, the property owner has submitted a letter of intent 35 authorizing the future use proposed by the applicant; and, 36 37 WHEREAS, Planning Division staff has recommended approval of 38 the application for a Special Parking Permit to reduce the number 39 of off - street parking spaces by up to fifty (50 %) percent, which 40 recommendation is based upon (a) the merits of the application and 41 (b) consistency with the City's adopted Comprehensive Plan; and, 42 43 WHEREAS, on June 5, 1997, the Planning Board voted 6:0 to 44 recommend approval of the Special Parking Permit; and, 45 Einstein Bros. Special Use Parking: Public Hearing July 22, 1997 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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. A Special Parking Permit to reduce the number of off - street parking spaces by up to forty -eight 48 (48 %) percent, pursuant to Section 20- 4.4(H), for the property legally described above, is granted and limited to a maximum reduction of 9 spaces. Section 2. The City Manager may revoke this approval upon a determination that the provisions of this resolution have been violated or that parking is occurring at the subject property or another property that is not in compliance with this resolution. Section 3. This resolution shall take effect immediately upon approval. ATTEST: PASSED AND ADOPTED this 22nd day of July, 1997. APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY c:\ ... \ reports \ 5946 Dixie - 3 Res.doc Einstein Bros. Special Use Parking: Public Hearing July 22, 1997 2 BEHAR FONT P A R T N E R S, P. A. May 8, 1997 ARCHITECTURE • PLANNING • INTERIORS City of South Miami Planning Board 6130 Sunset Drive South Miami, Florida 33143 To Whom It May Concern: Please accept this as a formal letter of intent requesting the board grant Einstein Bros. Bagels a special use parking permit for a reduction of the required parking spaces due to the proximity of the site to the metrorail station. Einstein Bros. Bagels chose this prime location on the corner of South Dixie Highway and 73rd Street, after a great deal of research and scrutiny. The findings of all our reports support the fact that the current parking conditions are adequate to accommodate this business and that its existence can only be a positive influence on nearby merchants. The proposed site plan will provide twelve parking spaces in lieu of the nineteen spaces required. This would mean a 37% reduction in the required spaces, well below the 50 % reduction anticipated by the proximity to metrorail. Einstein Bros. Bagels has a peak business hour prior to 10:00 a.m., the time most business in the district open. At this time there will be an abundance of street as well as city parking available. One of the major reasons this site was chosen is the density of offices within the central business district and the proximity to the Metrorail Station. Einstein Bros. Bagels thrives in Central Business Districts with large number of pedestrian within a short walking distance and major forms of public transportation (metrorail). We are a convenience not destination restaurant which caters to nearby workers rather than customers who would drive fi-om distant areas. It is clear that the adjacent city parking, the existence of the Metrorail Station, and the proposed on site parking will be more than adequate to support this use. We }hank you for your interest and anxiously await your approval. Sinc4rely, Jai.et Font, R.A. Behar Font & Partners, P.A Certification No. AA0002451 999 Ponce de Leon Blvd • Suite 750 • Coral Gables. FL 33134 Tel: (305)446 -6220• Fax: (305) 529-0 140 All 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 Wllllams, 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 daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 7/22/97 RESOLUTION PERMIT FOR A "RESTAURANT GENERAL 111 , ETC. in the ........... XXXXXXX ....................... Court, watE. publlshef i' sagdgpaper In ta±e Issues of Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of rtlsement; and afflant further says that she has neith pal nor promised any person, firm or corporation any scou rebate, commission or refund for the purpose of uri thls advertisement for publication to the said ne oa r_ /11 1 1 S�u4 and subscribed before me this_ ...... day of ......................... A.D. 19...... .5:0 (SEAL) Sookle Williams a RY P OF-FICtAL NOTARY SEAL P t�llykn04todWERYtL 4 MARMER * t v� (tf (* �COMM:SSION NUMBER t ;ist- Q CC545384 MY L:13MMiSSION EXPIRES OF Fly' APR. 12,2000 0ITX OF SOUTH MIAMI NOTICE OF PUBLIC I'IEARING NOTICE IS HEREBY given that the City Commission of City of South Miami, Florida will conduct a Public Hearing during its regular .. City Commission meeting on Tuesday, July 22, 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 j. OF THE 'CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR_ A SPECIAL USE PERMIT,;,F F nA WU RESTAURANT, GENERAL_;.P.URSUANTTO SECTI 20 4(B)(4.) OF THE;.IAND:DEVEtOPMENT CODE, REGAFiQ 'c ING THE PROPERTY ]LOCATED .AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143 PROVIDING i FOR A LEGAL DESCRIPTION; AND, PROVIDING FOF� AN , EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO A REQUEST FOR A SPECIAL PARKING PERMIT 'ALLOW- , 1NG A 48% REDUCTION OF REQUIRED PARKING FOR - METRORAIL CONSIDERATION, PURUSANT TO SECTION 204 -A(H) OF THE-LAND DEVELOPMENT CODE,. REGARD- ING THE, PROPERTY ]LOCATED ' -AT 5946 SOUTH: DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCR- PTION,.AND, PROVIDING FOR AAI G: EFFECTIVE DATE " A RESOLUTION OF THE MAYOR AND CITY` COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL EXCEPTION L TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE, PUR- SUANT TO SECTION 20 -7.51 OF THE LAND DEVELOP- MENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, _ PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning & Zoning Division at 663-6347. ALL interested part ies are invited to attend and will be heard. %r 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 will need a record otthe proceed- ings, and that for such purpose e, 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. 7/11 071152M -' j y CITY OF SOUTH MIAMI vINTER - OFFICE MEMORANDUM To: May and City Commission Date: July 18, 1997 �r Agenda Item # From: L. Dennis Whitt Re: Comm. Mtg. 07/22/97 City Manager Einstein Bros. Special Exception REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE, PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The applicant, Einstein Bros. Bagels, is requesting a Special Exception. A Special Exception is required for this project due to the addition of coolers and the existing placement of structures on this property. The Hometown District Overlay Ordinance requires that structures be placed on the property line and that 100% building frontage be observed along the U.S. 1 side and that at least 30% -70 % building frontage be observed on the 73 Street side. Since the proposal utilizes the existing gasoline service station structures, the proposal cannot meet these regulations. On June 5, 1997, the Planning Board voted 6:0 to recommend approval of the request, based on the conditions that the applicant work with City staff (1) to improve the pedestrian experience along South Dixie Highway, which may include additional landscaping; and (2) to reconsider the building's elevation along South Dixie Highway in order to humanize its scale as envisioned by the Hometown Plan, which may call for removal of the canopy. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Exhibit 1: Letter of Intent by Applicant Exhibit 2: Staff Report, dated May 29, 1997 Exhibit 3: Reduced Copies of Revised Plans Please, refer to prior item for supporting documents City Manager's Report: Einstein Bros. Special Exception 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE 7 PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE, 8 PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT 9 CODE, REGARDING THE PROPERTY LOCATED AT 5946 SOUTH 10 DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING 11 FOR A LEGAL DESCRIPTION; AND, PROVIDING 'FOR AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the applicant, Einstein Bros. Bagels, represented 16 by Mr. Javier Font, R.A. of Behar Font & Partners, P.A., did 17 submit an Application for a Special Exception, dated May 8, 1997, 18 in order to waive strict compliance with the building placement 19 standards of the Hometown District Overlay Ordinance, pursuant to 20 Section 20 -7.51 of the Land Development Code; and, 21 22 WHEREAS, the property is located at 5946 South Dixie Highway 23 South Miami, Florida, 33143, and is legally described as follows: 24 25 Lots 11, 12, 13, 14, 15, 16, 17 and 18, and 5 feet of 26 the alley lying southeasterly and adjacent to Lots 11, 27 12, 13, 14 and 15, less various dedications for roads 28 along S.W. 73 Street and South Dixie Highway (USI /SR5), 29 "DORN'S BROTHERS SUBDIVISION," according to the plat 30 thereof as recorded in Plat Book 3 at Page 199 of the 31 Public Records of Dade County, Florida; and, 32 33 WHEREAS, the property owner has submitted a letter of intent 34 authorizing the future use proposed by the applicant; and, 35 36 WHEREAS, Planning Division staff has recommended deferral of 37 the Application for a Special Exception, which recommendation is 38 based upon (a) review for compliance with Section 20-7.51(A)(3) in 39 the Land Development Code and (b) review for compliance with the 40 adopted Comprehensive Plan; and, 41 42 WHEREAS, staff believes that the Application does not comply 43 with the provisions of Section 20- 7.51(A)(3), but does comply with 44 the provisions of the City's adopted Comprehensive Plan; and, 45 Einstein Bros. Special Exception: Public Hearing July 22, 1997 1 I WHEREAS, on June 5, 1997, the Planning Board voted 6:0 to 2 recommend approval of the Application for a Special Exception, 3 based on the conditions that the applicant work with City staff 4 (1) to improve the pedestrian experience along South Dixie 5 Highway, which may include additional landscaping; and (2) to 6 reconsider the building's elevation along South Dixie Highway in 7 order to humanize its scale as envisioned by the Hometown Plan, 8 which may call for removal of the canopy; and, 9 10 WHEREAS, the Mayor and City Commission are authorized under 11 Ordinance No. 19 -94 -1569 to grant a special exception upon a 12 demonstration by the applicant of satisfaction of the criteria 13 found in Section 20 -7.51 of the Land Development Code; and, 14 15 WHEREAS, the Mayor and the City Commission are authorized to 16 prescribe reasonable conditions, restrictions and limitations it 17 deems necessary or desirable in order to preserve and promote the 18 intent of the Hometown District Overlay Ordinance; and, 19 20 WHEREAS, on July 22, 1997, the Mayor and City Commission, 21 after complying with all pertinent notice requirements of the 22 Florida Statutes and the City of South Miami Land Development 23 Code and Code of Ordinances, conducted a quasi- judicial public 24 hearing on the Application for a Special Exception; and, 25 26 WHEREAS, all procedural requirements of the laws of the 27 State of Florida and the Land Development Code of the City of 28 South Miami have been met; and, 29 30 WHEREAS, the Mayor and City Commission after weighing all 31 the competent evidence presented at the hearing has determined 32 that (1) the Application for Special Exception should be granted 33 and (2) approval of the Application subject to the conditions and 34 requirements specified herein will further the interests of the 35 health, safety and welfare of the citizens and residents of, and 36 businesses in, the City of South Miami. 37 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 40 THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1. Development Identification 43 44 (a) The name of the project is: "Einstein Bros. Bagels Shop." 45 Einstein Bros. Special Exception: Public Hearing July 22, 1997 2 1 I (b) The legal description of the subject property is contained in 2 the second Whereas clause and may also be identified by the 3 tax folio number 09- 4036 - 024 -0090. 4 5 (c) The name of the applicant is: 6 7 Einstein Bros. Bagels, represented by: 8 Javier Font, Registered Architect 9 Behar - Font & Partners, P.A. 10 999 Ponce de Leon Boulevard, Suite 750 11 Coral Gables, Florida 33134 12 13 (d) The Application is to permit the renovation of the existing, 14 vacant gasoline service station into an Einstein Bros. Bagel 15 Shop (restaurant) to be located at 5946 South Dixie Highway. 16 17 Section 2. Findings of Fact, Conclusions of Law and Order. 18 19 (a) FINDINGS OF FACT. 20 21 (1) The recitals of the Whereas clauses, the statements in 22 Section 1, and the Letter of Intent by the Applicant [Exhibit 11 23 are incorporated into and made a part of these findings of fact; 24 25 (2) The staff report prepared for the Planning Board, dated 26 May 29, 1997, which provides a description and analysis of the 27 applicant's three requests, including the Application for Special 28 Exception, is made a part of these findings of fact [Exhibit 21; 29 30 (3) The property is located within the boundaries of the 31 Hometown District and the requirements of the Hometown District 32 Overlay Ordinance apply; 33 34 (4) The proposed development is not in strict compliance 35 with the requirements of the Hometown District regulations; 36 37 (5) Based on the Application for Special Exception and the 38 representations of the applicant, the applicant has satisfied its 39 burden of demonstrating, pursuant to Section 20- 7.51(A), that: 40 41 i. The proposed development contributes to, promotes and 42 encourages the improvement of the Hometown District and 43 catalyzes other development as envisioned in the Hometown 44 District regulations. 45 Einstein Bros. Special Exception: Public Hearing July 22, 1997 3 I rT�....x- 1 ii. The proposed development is compatible with the land uses 2 and development intensities prescribed by all applicable 3 City regulations. 4 5 iii. The proposed development must possess integrity of design 6 compatible with the design criteria established for the 7 Hometown District and with the overall image of the City. 8 9 iv. The proposed development shall be designed in a manner that 10 provides for effective management of traffic (vehicular and 11 pedestrian), parking, lighting, noise and waste generated by 12 the development, and management of the impacts of the 13 development on public facilities and services. 14 15 V. The proposed development does not expand the permitted uses 16 within the Hometown District. 17 18 vi. The proposed development will not have an unfavorable effect 19 on the economy of the City of South Miami. 20 21 vii. The proposed development, when considered cumulatively with 22 other development, both present and future, within the 23 Hometown District, will not create excessive overcrowding or 24 concentration of people or population. 25 26 (6) Further review and approval of detailed development 27 plans and specifications is required prior to issuance of any 28 development permits to assure compliance with the criteria for 29 approval contained in paragraph 5 of this section; 30 31 (7) The development will integrate with the surrounding 32 area, promote pedestrian traffic along U.S. 1 and S.W. 73 Street, 33 facilitate pedestrian traffic between the development and the 34 South Miami Metro -Rail Station, encourage pedestrian traffic 35 between the development and businesses in the area, provide for 36 sufficient parking, provide integration and convenient spatial 37 relationships between the use and other uses, provide adequate 38 internal circulation and connectivity, provide adequate open 39 space and landscaping, and provide continuous maintenance of 40 private common areas and facilities; 41 42 (8) The development is consistent with the current land use 43 designation for the property specified in the City of South Miami 44 Comprehensive Plan and the uses permitted within the Hometown 45 District Overlay Ordinance, created by Ordinance No. 19 -93 -1545; Einstein Bros. Special Exception: Public Hearing July 22, 1997 4 / I 1 2 (9) The development is consistent with applicable provisions 3 of the City of South Miami Land Development Code which provides 4 for authorization of modifications by the City Commission; and, 5 6 (10) The development is consistent with the City of South 7 Miami Comprehensive Plan and its Land development Code. 8 9 (b) CONCLUSIONS OF LAW. 10 11 The applicant has met its burden to demonstrate that it is 12 entitled to relief from strict compliance with the requirements 13 of the Hometown District regulations. The burden is met, in 14 part, by the representations of the applicant at the public 15 hearings before the Planning Board and the City Commission, and 16 by the conditions in the order which require further review and 17 approval of detailed development plans and specifications to 18 assure compliance with the criteria for approval contained in 19 paragraph 5 of this section. 20 21 ( c) ORDER. 22 23 The Application for a Special Exception is granted subject to the 24 conditions contained in the following Development Approval. 25 26 Section 3. Development Approval 27 28 The modified development plan identified in Exhibit 3 is approved 29 subject to the following conditions. 30 31 (a) SPECIFIC CONDITIONS. 32 33 (1) The applicant shall work with City staff to improve the 34 pedestrian experience along South Dixie Highway, which may 35 include additional landscaping; 36 37 (2) The applicant shall reconsider the building's elevation 38 along South Dixie Highway, in order to humanize its scale as 39 envisioned by the Hometown Plan, which may call for removal of 40 the canopy; and, 41 42 (3) This resolution shall be recorded in the Public Records 43 of Dade County, Florida, and the developer shall bear recording 44 costs for all documents that are required to be recorded. 45 Einstein Bros. Special Exception: Public Hearing July 22, 1997 5 I (b) GENERAL CONDITIONS 2 3 (1) The developer shall comply with all conditions, all 4 sections and sub- sections of this resolution, and all other 5 requirements referenced herein and shall construct all of those 6 improvements as directed by this resolution; 7 8 (2) The developer shall comply with all applicable City, 9 County and Federal codes, including South Florida Building Code 10 and the City's landscaping provisions in Section 20 -4.5; 11 12 (3) All applications for development approvals and permits, 13 including all site plans and all exterior construction, must be 14 reviewed by the ERPB, pursuant to Section 20 -5.11 of the adopted 15 Land Development Code; 16 17 (4) The City Manager may require further review by the 18 Planning Board or the ERPB when the City Manager believes that 19 the plans and specifications submitted with an application for a 20 development permit do not comply with this development approval; 21 22 (5) The City Manager may require further approval by the 23 City Commission when the City Manager determines that the plans 24 and specifications submitted with an application for development 25 approval do not meet the intent of this resolution, or, when a 26 violation or failure of a condition of development occurs; 27 28 (6) The City Manager shall have final approval and authority 29 over all matters regarding the determination of the applicant's 30 compliance with the intent of these sections; and, 31 32 (7) This development order shall terminate upon completion 33 of construction, as evidenced by a final Certificate of Occupancy 34 issued by the City, or as set forth in Section 20- 7.51(D). 35 36 (c) DEVELOPMENT ORDER. 37 38 This resolution constitutes a local development order granting an 39 Application for Special Exception. It includes the application, 40 the exhibits annexed and made a part of this resolution, and the 41 record of the July 22, 1997, Hearing before the City Commission. 42 43 (1) This development order approves a general site plan and 44 the proposed uses, magnitude and intensity of development, as are 45 identified in the application; Einstein Bros. Special Exception: Public Hearing July 22, 1997 6 /'f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (2) This development order is subject to the conditions and limitations contained in this resolution; (3) This development order requires further development approvals. Additional review of applications for building permits shall be as required by this resolution and Section 20 -7.52; and, (4) This development order shall apply to the applicant, its successors, or assigns, and it shall be binding upon the real property described in the second Whereas clause herein. Section 4. Conflicts In the event of any conflict between this resolution and prior resolutions, this resolution shall govern. Section 5. Severability If any section, clause, sentence, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not affect the validity of the remaining portions of this resolution. Section 6. Effective Date This resolution shall take effect immediately upon its adoption, as evidenced by at least four affirmative votes of the members of the City Commission, pursuant to Section 20- 7.52(D). PASSED AND ADOPTED this 22nd day of July, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: MAYOR CITY ATTORNEY c:\ ... \ reports \ 5946 Dixie - 3 Res.doc Einstein Bros. Special Exception: Public Hearing July 22, 1997 7 EXHIBIT 1: LETTER OF INTENT BY APPLICANT 14 May o, 1997 City of South Miami 6130 Sunset Drive South Miami, FL 33149 BEHAR FONT P A R T N E R S, P. A. ARCHITECTURE • PLANNING • INTERIORS RE: Einstein Bros. Bagels 5948 South Dixie Highway South Miami, FL 33149 Please accept this letter as a formal request for a special exemption to allow the renovation of an existing vacant gas station into an Einstein Bros. Bagels Shop. We are certain that after reviewing this proposal it in will become apparent that this development will invigorate the economic and social vitality of South Miami's "Main Street Business Center." In brief, it is the intent of this application to enhance South Miami's community identity and sense of place though the development of a "Neighborhood Bagel Shop" with a true horde style feel. We hope to promote pedestrian traffic from local medical and office developments and re- develop an important corner of South Miami's infrastructure. The implementation of an outdoor seating area, along with the conversion of current concrete paving into landscaping will create a more visually inviting and safer place. The following is a response to the items outlined in section 20 -7.51 for special exemption. The item numbers corresponds to the requirements set forth by the ordinance section. Section: 207. 51 Al This proposal will promote and encourage the improvement of the Hometown District by revitalizing one of the most important intersections in South Miami. This corner, which has been vacant for sometime, has not only become an eyesore but has crippled the attempt to promote pedestrian traffic to a recently rejuvenated block. The development of this property will create a pedestrian draw from nearby areas, increasing foot traffic and promoting the Hometown District ordinance throughout the entire area. Section: 207. 51 A2 This development is not only compatible with the land use plan but will also provide a much needed service for the area. Certification No. AA0002451 999 Ponce de Leon Bhd • Suite 750 • Coral Gables. FL 33134 Tel: (305) 446 -6220 • Fax: (305) 529 -0140 �7 Section: 207. 51 A3 The existing building will be renovated using the architectural standards set forth by the Hometown District Ordinance to assure an architectural cohesion with the adjacent developments and the overall image of the city. Section: 207.51 A4 After meeting with the department of transportation, we have designed a site plan which complies with their requirements and allows for the effective management of both vehicular and pedestrian traffic. Section: 207.51 AS The proposed use is within the permitted uses of the Hometown District. Section: 207.51 Ab Past experience has shown that the development of an Einstein Bros. Bagels has not only brought a favorable economic effect to the community but has, in some cases, become an anchor for economic development in the nearby areas. Section: 207.51 A7 Einstein Bros. Bagels has chosen this site after careful consideration. History has shown that some of the best Einstein's are located in "Hometown Districts" with high pedestrian traffic, Einstein's business plan is to capture and promote the pedestrian traffic from nearby medical and office developments, the Metrorail Station and neighborhood shoppers. We are certain that the city will be as enthusiastic as we are about the development of this Much neglected and important intersection of the city. We thank you for your interest and anxiously await your approval. J vie Font, RA. BeW Font & Partners, P.A. AA0002451 JF /ap M EXHIBIT 2: STAFF REPORT, DATED MAY 29, 1997 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Bill Mackey, AICP Date: May 29, 1997 Director of Planning & Zoning From: Brian T. Soltz Planner ITEM: PB -97 -020 Re: Einstein Bros. Bagels 5946 South Dixie Highway Applicant: Gulfstream Bagels, L. P. DB /A Einstein Bros. Bagels, Inc. Request #1: A Special Use Permit for a "Restaurant, General" in the "SR" (Specialty Retail) zoning district, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Request #2: Special Parking Permit to reduce the number of off - street parking spaces by up to fifty (50) percent, pursuant to Section 20 -4.4 (H) for property located within 1,500 feet of the MetroRail transit station and located in the "SR" Specialty Retail zoning district. Request #3: A Special Exception to waive compliance with the building placement provisions of the Hometown District Overlay Ordinance, pursuant to Section 20 -7.51 of the Land Development Code. Location: 5946 South Dixie Highway South Miami, Florida 33143 BACKGROUND This application includes three requests. The first request is a Special Use Permit which is required for all restaurants in the Hometown District. When reviewing a Special Use Permit the board must consider and evaluate the proposed use to assure that there will not be any adverse effects on the neighborhood. The second request is for a Special Use Parking Permit which allows properties within 1500 feet of the MetroRail station to request a reduction of required off - street parking by up to 50 percent. When evaluating a Special Parking Permit the board must consider the nature and type of use and its potential user relationship to rapid transit facilities. The third request is a Special Exception to waive compliance with the building placement provisions of the Hometown District Overlay Ordinance. When reviewing a Special Exception the board must find substantial competent evidence that the application complies with Section 20- 7.51(A)(1)- (7) shown as attachment 1. M, ANALYSIS The analysis section of this report will be split into three parts, one for each request. Special Use Permit The proposed restaurant is located in the Hometown District which promotes a pedestrian oriented environment. Einstein Bros. Bagels will promote these important characteristics. As stated in the applicants letter of intent the use will cater towards the nearby offices and the pedestrian traffic in the district. In addition, staff believes that the requested special use: A) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; B) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and C) Complies with all other applicable Code provisions. 2. Special Parkin Permit ermit The proposed use is a restaurant which has a parking requirement of 1 space per every 100 square feet of gross floor area. Since the proposed use is 1,850 square feet the required number of off- street parking spaces is 19. The applicant's proposal provides 12 of the 19 required parking spaces including the one required handicap space; therefore, the request is for a 36.9% reduction or 7 spaces. Staff believes that it is difficult to comply with the required restaurant off - street parking provisions because of the odd configuration of the lot and the size of the proposed use. 3. Special Exception A special exception is required for this proposal due to the addition of the coolers and the existing placement of the structures on this property. The Hometown District Overlay Ordinance requires that structure be placed on the property line and that 100% building frontage be observed on the US 1 side and 30% -70% building frontage be observed on the 73 Street side [Attachment 2]. Since the proposal utilizes the existing gasoline service station structures, the proposal cannot meet these regulations. When reviewing the project staff was unable to find substantial competent evidence that the proposal meets Section 20- 7.51(1) - (7). In particular Section 20-7.51(3) [Attachment 1]. COMPREHENSIVE PLAN The request does not conflict with the adopted Comprehensive Plan of the City of South Miami. APPLICABLE REGULATIONS Land Development Code • Section 20 - 5.8 (Special Use Permit) • Section 20 - 7.12 (Hometown District Permitted Uses) • Section 20 - 4.4(H) (Special Parking Permit) • Section 20 - 7.51 (Special Exception) • Section 20 - 7.7 (Hometown District Building Placement) RECOMMENDATION Request #1 Staff recommends APPROVAL of the Special Use Permit with the condition that the applicant be limited to 40 seats maximum. Request #2 . Staff recommends APPROVAL of the requested Special Parking Permit for a 36.9% reduction. Request #3 Staff recommends DEFERRAL of the requested Special Exception with the condition that the applicant return with a revised site plan that meets the building placement and frontage requirements. ...\SMORPlanning0anning Board\Reports\Einstein Bros Bagels Staff Report 1E ATTACHMENT 1 20 -7.51 Special exception. (A) The city commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this articlel. In granting a special exception, the city commission must find by substantial competent evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Home- town District regulations. (2) The proposed development is compatible with the land uses and development inten- sities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the de- sign criteria established for the Hometown District and with the overall image of the city. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. 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VWI la tY1e1.d rr Ilrnite• Mods k 1410•/1. •w YK !• IIY.'ll nlrle Ilal• . t• IiflR.ar rY +IIw.•a Yes. ra 1�.'••I.Yr M Y.r a �t �•� � � ♦ W N alfY. 111 YlYrf W fmr• tilt I•Mr <Nf1.M.ww. INY/Nta �Yerl JWI xa1We. WI w. xrJ Y >iY w I Il.•w Y•INYIt • /y 152 EXHIBIT 3: REDUCED COPIES OF REVISED PLANS it M, I " plot Iso go , IP r'sCn•.,rn's's° ...Yo F. ,yt2 h -.. ��,:nS. . i -.,.s. ,..�. �,. P x .r, x,"T, 7w > i'.+ ' P rtNSTrN mos RAMS 1i1 1 US 1 & 73RD STREET y ' S MIAMI, rIORIDA EOLVMENT PLAN I " plot Iso go , IP r'sCn•.,rn's's° ...Yo F. ,yt2 h -.. ��,:nS. . i -.,.s. ,..�. �,. P x .r, x,"T, 7w > i'.+ (n i i FINSTFIN RRO S. RAGFI S 5948 SOUTH DIXIE IIIGIIWAY S go pill aa �J ®_ p u p $ ! 4 ; SOUTH MIAMI, FI ()RIDA g (a{ SITE PLAN b/ '4 m r m D O Z T O z m r m D C FINSTFIN RROS RAGFLS US.1 & 73RD STREET �A n N k § MIAMI, FIORIDA ' F1 FVATION a i 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 Wllllams, 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 daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 7 /22/97 RESOLUTION PERMIT FOR A "RESTAURANT GENERAL ", ETC. In the ........... XXXXXXX .... Court, wajfl Ilish f' saidSia paper in the issues of 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 sold Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of rtisement; and afflant further says that she has nelth pal nor promised any person, firm or corporation any scow rebate, commission or refund for the purpose of url this a vertlsement for publication In the said no pa r. I Z S�uq nd subscribed before me this— �day of ........................I A.D. 19...... �....; (SEAL) .... Sookle 1MIIIams a aj (�� OFFICIAL NOTARY SEAL P VV fyk^o`�sPtolMERYL H MARMER 0 COMM IS510R1 HIMISER CC545384 {`9�1 FAY Cf_WMiSSION EXPIRES 0 f «O APR. 12,2000 17'1f OF SOUTH• MIAMI�,,t 4 �1 NOTICE OF, PUBLIC HEARING . '. NOTICE IS HEREBY given that the City Commission of the City of South Miami,,Flodda will conduct a Public Hearing during its regular; City Commission meeting on Tuesday, July 22, 1997, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: XRESOLUTION OF THE MAYOR AND CITY COMMISSION ±: OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR__A .SPECIAL USE PERMIT .FOR .,AG 'RESTAURANT, GENERAL`,'.PURSUANT TO SECTIOM 26 3.4(B)(4) 'OF THE',LANDVEVELOPMENT CODE,.REGARD , ING THE PROPERTY- LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING- FOR A LEGAL DESCRIPTION; AND, PROVIDING EFFECTIVE DATE. ° A A RESOLUTION OF THE MAYOR AND CITY' COMMISSION .° OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FORA SPECIAL PARKING PERMIT ALLOW- - ING °A 48% REDUCTION OF REQUIRED PARKING FOR METRORAIL CONSIDERATION, PURUSANT TO SECTION i 20=4.4(H) OF THE LAND DEVELOPMENT CODE, REGARD- ING" THE PROPERTY. LOCATED AT 5946 SOUTH DIXIE . HIGHWAY, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION;.AND, PROVIDING FOR AAL__',j EFFECTIVE DATE. +: � . A RESOLUTION OF THE MAYOR AND CITY COMMISSION^`""" OF THE CITY OF SOUTH MIAMI, FLORIDA; RELATING TO A REQUEST FOR A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE HOMETOWN' DISTRICT OVERLAY ORDINANCE, PUR- SUANT TO. SECTION 20 -7.51 OF THE LAND DEVELOP- MENT CODE, REGARDING' THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 3$143; 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. t< 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. N 7/11 " 87a3- 071152M Y= /f CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To. y r and City Commission Date: July 18, 1997 Agenda Item # 10 From: L. Dennis Whitt Re: Comm. Mtg. 07/22/97 City Manager Shaw PUD Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT - RESIDENTIAL [PUD -R] FOR PROPERTY ROUGHLY BOUNDED BY S.W. 57 AVENUE (RED ROAD), S.W. 84 TERRACE RIGHT -OF -WAY, S.W. 58 AVENUE, AND BY DANTE FASCELL PARK; PROVIDING FOR A LEGAL DESCRIPTION; PROVIDING FOR FINDINGS OF FACT, FOR CONCLUSIONS OF LAW, AND FOR AN ORDER; PROVIDING FOR DEVELOPMENT APPROVAL WITH CONDITIONS; PROVIDING FOR AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR NOTICES; PROVIDING FOR ABANDONMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The application for a Planned Unit Development- Residential [PUD -R] was submitted for review to the City Commission on June 10, 1997. The attached resolution represents the review efforts of the City's Environmental Review & Preservation Board, the Planning Board, and City staff. On June 5, 1997, the Planning Board voted 6:0 to recommend approval based on the conditions (1) that abandonment of SW 84 Terrace occurs west of the PUD entrance, in order for the subject property to revert back to adjoining property owners and to implement recommendations number 5 and 6 contained in the director's report; (2) that access for construction vehicles occurs at Red Road only, with no access at SW 58 Avenue and SW 84 Terrace; (3) that participation by the developer in the Charrette III process occur, both financially and physically, as a suggestion and as a "gesture of goodwill ". The proposed resolution embodies these recommendations. RECOMMENDATION: Approval. Proposed Resolution for Adoption Exhibit 1: Legal Description of Phases Exhibit 2: Legal Description Abandonment Exhibit 3: List of Submitted Documents Exhibit 4: Staff Memorandum Regarding Declarations Please, note that a copy of the full application with all supporting documents was submitted to the City Commission on June 10, 1997, and is on file in the City Clerk's Office, as well as in the Offices of the Planning & Zoning Division. All documents are available for public inspection. 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN APPLICATION 6 FOR A PLANNED UNIT DEVELOPMENT - RESIDENTIAL [PUD -R] FOR 7 PROPERTY ROUGHLY BOUNDED BY S.W. 57 AVENUE (RED ROAD), 8 S.W. 84 TERRACE RIGHT -OF -WAY, S.W. 58 AVENUE, AND BY 9 DANTE FASCELL PARK; PROVIDING FOR A LEGAL DESCRIPTION; 10 PROVIDING FOR FINDINGS OF FACT, FOR CONCLUSIONS OF LAW, 11 AND FOR AN ORDER; PROVIDING FOR DEVELOPMENT APPROVAL 12 WITH CONDITIONS; PROVIDING FOR AMENDMENT OF THE CITY'S 13 OFFICIAL ZONING MAP; PROVIDING FOR NOTICES; PROVIDING 14 FOR ABANDONMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, on March 18, 1997, Westway Limited, representing 19 Mr. & Mrs. Joe Shaw, property owners, submitted an Application 20 for a proposed Planned Unit Development - Residential [PUD -R] to 21 the Planning & Zoning Division for the area roughly bounded by 22 S.W. 57 Avenue (Red Road), the unimproved S.W. 84 Terrace right - 23 of -way, S.W. 58 Avenue, and by Dante Fascell Park; and, 24 25 WHEREAS, pursuant to Section 20- 5.12(A), Planning & Zoning 26 staff has 30 days to submit copies of the Application and staff's 27 recommendation regarding the proposed project's compliance with 28 the City's adopted Land Development Code [LDC] to the City's 29 Environmental Review & Preservation Board [ERPB]; and, 30 31 WHEREAS, on April 15, 1997, the Planning & Zoning staff 32 submitted copies of the Application and staff's review to the 33 Environmental Review & Preservation Board [ERPB]; and, 34 35 WHEREAS, pursuant to Section 20- 5.12(B)(1), the ERPB has 30 36 days within receipt of the Application to formally review the 37 development concept plan; and, 38 39 WHEREAS, pursuant to Section 20- 5.12(B)(2), the Board may 40 set preliminary meetings with the applicant prior to the formal 41 review of the development concept plan; and, 42 43 WHEREAS, on April 23,1997, the ERPB met for a preliminary 44 review and set May 6, 1997, as the date for the ERPB's formal 45 review of the development concept plan; and, Shaw PUD Resolution: Public Hearing July 22, 1997 EAM 1 WHEREAS, pursuant to Section 20- 6.1(C)(4)(c) and due to the 2 lack of quorum for the ERPB, the Planning & Zoning Director acted 3 on behalf of the ERPB for the review of the development concept 4 plan on May 7, 1997, via official letter, dated the same; and, 5 6 WHEREAS, on May 13, 1997, staff presented the Application 7 and results of the ERPB formal review to the Planning Board; and, 8 9 WHEREAS, pursuant to Section 20- 5.12(C), the Planning Board 10 must meet within 45 days of its receipt of the Application; and, 11 12 WHEREAS, on June 5, 1997, the Planning Board met and held 13 their Public Hearing on the matter and made recommendations to 14 the City Commission regarding the proposed PUD -R; and, 15 16 WHEREAS, pursuant to Section 20- 5.12(C)(3), the Planning 17 Board's recommendations must be presented within 15 calendar days 18 after the Board's Public Hearing to the City Commission; and, 19 20 WHEREAS, on June 10, 1997, Planning & Zoning staff, via the 21 City Manager's Office, presented copies of the Application and 22 the Planning Board's recommendations to the City Commission; and, 23 24 WHEREAS, pursuant to Section 20- 5.12(D), the City Commission 25 has 90 days from receipt of the Planning Board's recommendations 26 to hold a Public Hearing on the matter; and, 27 28 WHEREAS, on June 10, 1997, the City Commission set the date 29 for their Public Hearing to be July 22, 1997, at 7:30 p.m.; and, 30 31 WHEREAS, pursuant to Section 20 -5.12 (D)(3), City Commission 32 is authorized to prescribe conditions, modifications, safeguards 33 or stipulations, appropriately and reasonably related to the 34 intent, purposes, standards and requirements of the planned unit 35 development regulations, as contained in Section 20 -3.7; and, 36 37 WHEREAS, on July 22, 1997, the City Commission, conducted a 38 quasi- judicial Public Hearing on the Application for a Planned 39 Unit Development- Residential, after complying with all pertinent 40 notice requirements of both the Florida Statutes and the City's 41 adopted Land Development Code; and, 42 43 WHEREAS, all procedural requirements of the laws of the 44 State of Florida and the City's adopted Land Development Code 45 have been met; and, Shaw PUD Resolution: Public Hearing July 22, 1997 2 ;? L/ 1 WHEREAS, the City Commission after weighing all of the 2 competent evidence presented at the hearing, has determined that 3 (a) the Application for a Planned Unit Development- Residential 4 should be granted and (b) approval of the Application subject to 5 the conditions and requirements specified in this resolution will 6 further the interests of the health, safety and welfare of the 7 citizens, residents, and property owners of, and businesses in 8 the City of South Miami, Florida. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 11 THE CITY OF SOUTH MIAMI, FLORIDA: 12 13 Section 1. Development Identification. 14 15 (a) The name of the development is: "PARKSIDE VILLAGE" 16 17 (b) The name of the applicant is: 18 19 Mr. & Mrs. Joseph Shaw 20 8510 S.W. 57 Avenue and 5770 S.W. 84 Terrace 21 South Miami, Florida 33143 22 23 (c) The name of the authorized agent is: 24 25 Mr. L. R. Mattaway 26 Westway Limited 27 1508 San Ignacio Avenue, Suite 200 28 Coral Gables, Florida 33146 29 30 (d) The Application is for a Planned Unit Development- Residential 31 32 (1) The proposed Planned Unit Development- Residential is for 33 the construction of 20, new, detached, single - family residences 34 in two phases. The first phase will include development of 16, 35 new single- family residences, while preserving the existing Shaw 36 residence. The second phase will include development of four 37 homes to replace the Shaw residence. All external and perimeter 38 site improvements, such as the perimeter walls, lighting, and 39 landscape buffers are to be completed as part of the first phase. 40 41 (2) The Application is comprised of those submittals, dated 42 March 18, 1997, as amended by submittals, dated June 5, 1997, and 43 includes all of the documents submitted to the City Commission on 44 June 10, 1997, which are as follows [see Exhibit 3 for a detailed 45 list of the documents submitted to the City Commission]: Shaw PUD Resolution: Public Hearing July 22, 1997 3 01 A 1 i. Supplemental drawings and supporting documents which were 2 submitted by the applicant at the Planning Board Meeting of 3 June 5, 1997, and made part of the record at that meeting; 4 5 ii. Draft, Excerpted Planning Board Minutes from the Planning 6 Board Meeting of June 5, 1997, including a response from a 7 member of the public which was received via telefacsimile 8 and a follow -up letter from Mr. J. Hayes Worley, Jr., which 9 was received after the Planning Board Meeting; 10 11 iii. Staff report, dated May 13, 1997, by the Director of the 12 Planning & Zoning Division, which evaluates the merits of 13 the project and recommends approval with six specific 14 considerations; 15 16 iv. Staff reports, regarding the Application's compliance with 17 City's Land Development Code, dated 09 -24 -96 (preliminary), 18 dated 02-18-97 (preliminary), and dated 04 -10 -97 (final), 19 including a copy of Section 20 -3.7 of the City's Land 20 Development Code for reference; 21 22 v. Letter in lieu of ERPB's formal approval, dated May 7, 1997, 23 with copies of the Minutes for the ERPB Special Meeting on 24 August 23, 1997, and the ERPB Meeting on May 6, 1997; 25 26 vi. Letters received from and a response to Mr. J. Hayes Worley, 27 Jr., affected area resident; and, 28 29 vii. Application, submitted by Westway Limited, as representative 30 for Mr. & Mrs. Joseph Shaw, dated March 18, 1997, including 31 proposed site plan, landscape plans and model house plans. 32 33 Section 2. Lecral Descriptions. 34 35 (a) The subject property is legally described as follows: 36 37 The South 528.00 feet (538.00 feet measured) of the Northeast 4 of the 38 Southeast 1/ of the Southeast 1/, less the East 325.00 feet of the South 275.00 39 feet, and less the west 156.00 feet of the South 120.00 feet, of Section 36, 40 Township 54 South, Range 40 East, Dade County, Florida; Less the West 25.00 41 feet, the North 25.00 feet, and the East 35.00 feet thereof for road purposes. 42 43 (b) The legal descriptions of each of the project's two phases 44 are attached to this resolution and are labeled as "Exhibit 1." 45 Shaw PUD Resolution: Public Hearing July 22, 1997 I (c) The legal description and survey of the southern % of the 2 western 400 feet of the right -of -way known as S.W. 84 Terrace is 3 attached to this resolution and is labeled as "Exhibit 2." 4 5 Section 3. Findings of Fact, Conclusions of Law and an Order 6 7 (a) FINDINGS OF FACT. The City Commission, sitting in its quasi - 8 judicial capacity, having held a Public Hearing, with notice as 9 required by law, and having considered and weighed all competent 10 evidence and having heard all persons required by law, makes the 11 following written findings of fact based upon the greater weight 12 of competent evidence in the context of the general and specific 13 standards and other requirements set forth in Section 20-3.7 of 14 the City's adopted Land Development Code: 15 16 (1) The recitals in the Whereas clauses and the statements 17 contained under Section 1 are hereby incorporated into and made a 18 part of these Findings of Fact. 19 20 (2) The Application submittals, minutes, letters, reports 21 and other documentation enumerated as items i through vii under 22 Section 1, sub - section (d)(2), are hereby incorporated into and 23 made a part of these Findings of Fact. 24 25 (3) The Application is for a Special Use Permit, in order to 26 permit construction of a Planned Unit Development - Residential, 27 pursuant to regulations set forth in Sections 20 -3.7, procedures 28 set forth in Section 20 -5.12, and voting requirements set forth 29 in Section 20- 6.1(A)(3)(a)ii of the City's Land Development Code. 30 31 (4) The Application includes a request for waiver of right - 32 of -way improvements along S.W. 58 Avenue (eastern right -of -way), 33 pursuant to Section 20- 4.2(C)(1) of the Land Development Code. 34 35 (5) The Application includes a request to close the southern 36 one -half of the western 400 feet'of the unimproved right -of -way, 37 known as S.W. 84 Terrace, between S.W. 57 Avenue (Red Road) and 38 S.W. 58 Avenue, pursuant to Florida Statutes Chapter 336. 39 40 (6) The subject property is located at 5770 S.W. 84 Terrace 41 and 8510 S.W. 57 Avenue and is legally described in Section 2. 42 43 (7) The subject property is located entirely and solely in 44 the "RS -3" Medium Lot Single- Family Residential zoning district. 45 Shaw PUD Resolution: Public Hearing July 22, 1997 1 (8) The development as proposed complies with the provisions 2 and intent of Section 20 -3.7, entitled Planned Unit Developments, 3 except for those particular cases identified in Section 4, where 4 the City Commission determines that the solutions proposed by the 5 applicant, although not literally in accord with the regulations 6 in the Section 20 -3.7, satisfy public purposes to an equal or 7 greater degree, pursuant to language in Section 20- 3.7(A)(3)(b). 8 9 (9) The development as proposed shall be submitted for plat 10 review to Metro -Dade County, whereby this resolution shall act as 11 zoning approval for the plat process by the City of South Miami. 12 13 (10) On June 5, 1997, the Planning Board voted unanimously 14 6:0 to recommend approval based on the conditions: 15 16 i. That abandonment of SW 84 Terrace occurs west of the PUD 17 entrance, in order for the subject property to revert back to 18 adjoining property owners and to implement recommendations 19 number 5 and 6 contained in the director's report; 20 21 ii. That access for construction vehicles occurs at Red Road 22 only, with no access at SW 58 Avenue and SW 84 Terrace; and, 23 24 iii. That participation by the developer in the Charrette III 25 process occur, both financially and physically, as a 26 suggestion and as a "gesture of goodwill 27 28 iv. Please, note that the Planning Board considered a condition 29 that S.W. 58 Avenue be widened by six feet; however, as the 30 result of their deliberations, this condition was withdrawn. 31 32 (11) The aforementioned recommendations, numbers 5 and 6, 33 from the director's report, dated May 13, 1997, are as follows: 34 35 v. That the City Commission consider abandoning the northern 36 portion of the unimproved right -of -way corresponding with 37 the request of the developer for the southern portion of 38 said right -of -way, known as S.W. 84 Terrace; and, 39 40 vi. That the City Commission require, as a condition of 41 development approval, the developer to pay for (a) the 42 relocation of utilities along the new property line and (b) 43 the extension of all fences (in same style as existing), so 44 that the northern portion of the right -of -way may revert to 45 the use and enjoyment of the abutting property owners along 46 S.W. 84 Street (and west of the entrance). Shaw PUD Resolution: Public Hearing July 22, 1997 6 1 (b) CONCLUSIONS OF LAW. Based upon the weight of all competent 2 evidence presented, the City Commission hereby concludes that: 3 4 (1) The development as proposed will not adversely affect 5 the health or safety of persons residing or working in the 6 vicinity of the proposed Planned Unit Development- Residential; 7 8 (2) The development as proposed will not be detrimental to 9 public welfare or property or improvements in the neighborhood; 10 11 (3) The development as proposed complies with all other 12 applicable Land Development Code provisions and is subject to the 13 applicability standards set forth under Section 20 -3.7; 14 15 (4) The development as proposed will further the interests 16 of the health, safety and welfare of the citizens, residents, and 17 property owners of, and businesses in City of South Miami; and, 18 19 (5) The development as proposed is consistent with the 20 City's adopted Comprehensive Plan. 21 22 (c) ORDER. The City Commission hereby issues the following order: 23 24 (1) The Application for a Special Use Permit, in order to 25 permit construction of a Planned Unit Development - Residential, 26 pursuant to regulations set forth in Sections 20 -3.7, is granted 27 subject to the conditions contained in Section 4 below. 28 29 (2) The Application for waiver of right -of -way improvements 30 along S.W. 58 Avenue (eastern right -of -way) is granted, pursuant 31 to Section 20- 4.2(C)(1) of the Land Development Code, subject to 32 the conditions contained in Section 4 below. 33 34 (3) The Application to close the southern % of the western 35 400 feet of unimproved right -of -way, known as S.W. 84 Terrace, 36 between S.W. 57 Avenue (Red Road) and S.W. 58 Avenue is granted, 37 subject to the conditions contained in Section 4 below. 38 39 Section 4. Development Approval With Conditions 40 41 The development plan and submittals, dated March 18, 1997, as 42 amended by development plans submitted on June 5, 1997, and as 43 amended pursuant to City Commission action at their meeting of 44 July 22, 1997, is approved subject to the following conditions: 45 Shaw PUD Resolution: Public Hearing July 22, 1997 2 0 1 2 (a) SPECIFIC CONDITIONS 3 4 (1) The developer shall construct only those improvements 5 specifically indicated on the "Site Plan," dated March 25, 1997, 6 "Planting Plan," dated May 5, 1997, and "Lighting Plan, Planting 7 Plan for Fern Glade, and Typical Units," dated June 5, 1997, as 8 supported by documents submitted, including all modifications as 9 ordered by this resolution, and no other improvement of any kind 10 may be constructed, except for those authorized by changes which 11 may be approved under the procedures in Section 20- 5.12(F); 12 13 (2) The developer shall provide for lighting fixtures, as 14 indicated on the revised "Lighting Plan, Planting Plan for Fern 15 Glade, and Typical Units, dated June 5, 1997, and shall provide 16 one additional New York 'Series fixture along S.W. 57 Avenue, to 17 be located in the public right -of -way near the southwest corner 18 of Lot 3 for a total of 14 New York Series fixtures; 19 20 (3) The developer shall provide lighting in the Fern Glade 21 area, as indicated on the revised "Lighting Plan, Planting Plan 22 for Fern Glade, and Typical Units," dated June 5, 1997, for a 23 total of four such bollard lighting fixtures; 24 25 (4) Pursuant to City Commission's action to abandon the 26 western 400 feet, more or less, of the northern one -half of the 27 right -of -way, known as S.W. 84 Street between S.W. 57 Avenue and 28 S.W. 58 Avenue, the developer shall pay for the relocation of the 29 utilities along the new property line which is the centerline of 30 S.W. 84 Terrace, and the developer shall pay for the ,extension of 31 all fences to said centerline in same style as existing fences; 32 33 (5) The developer shall provide a landscape buffer to be 34 located along the eastern 200 feet, more or less, of the northern 35 right -of -way known as S.W. 84 Terrace, in order to block light 36 from vehicles which will be entering and exiting the project; 37 38 (6) The developer shall immediately construct, or cause to 39 be constructed by a payment to the City, two landscaped paths, in 40 order to connect S.W. 84 Street with Dante Fascell Park along the 41 S.W. 57 Avenue and S.W. 58 Avenue rights -of -way, which areas 42 shall be maintained, pursuant to language to be included in the 43 "Declaration of Covenants, Restrictions and Easements for 44 Parkside Village," which language requires such maintenance; 45 Shaw PUD Resolution: Public Hearing July 22, 1997 8 1 (7) The developer shall commence immediately, in order to 2 construct all of the improvements which are indicated in the 3 submitted documents, with the exception of those improvements 4 which are indicated for the parcel identified as Phase II; 5 6 (8) The developer shall only allow access, both ingress and 7 egress, to the site from S.W. 57 Avenue, and at no time will any 8 construction - related traffic or any other vehicles be permitted 9 to access the site from S.W. 58 Avenue or from S.W. 84 Terrace 10 (excluding the eastern 200 feet of S.W. 84 Terrace), except for 11 police, ambulance and fire - rescue vehicles in an emergency; and, 12 13 (9) The developer shall be subject to any penalties for lack 14 of compliance with these sections and /or applicable sections of 15 any City, County or Federal codes, which are set forth by law and 16 which are set forth in this resolution under Section 7. 17 18 (b) GENERAL CONDITIONS 19 20 (1) The developer shall submit to the City Attorney within 21 30 days of the adoption of this resolution a draft of the final, 22 revised "Declaration of Covenants, Restrictions and Easements for 23 Parkside Village;," including the changes as outlined in the staff 24 memorandum attached hereto and entitled as "Exhibit 4;" 25 26 (2) The developer shall record a copy of the "Declaration of 27 Restrictions, Covenants and Easements" which shall include all of 28 the conditions and modifications, within 120 days of the adoption 29 of this resolution, and said recorded, revised documents shall be 30 submitted to the City Clerk's Office within 10 days of recording; 31 32 (3) The developer shall correct and revise the Application 33 for a Special Use Permit, as directed herein, and shall submit a 34 final, revised copy to the City Clerk's Office within 30 days; 35 36 (4) The developer shall within 30 days post a bond equal to 37 110% of the cost of the improvements, as determined by the City, 38 for all of S.W. 84 Terrace, S.W. 58 Avenue and S.W. 57 Avenue, as 39 prescribed in Section 3, which bond shall be posted for one (1) 40 year or until the improvements required herein are completed, 41 pursuant Section 17 -9 of the City's adopted Code of Ordinances; 42 43 (5) This resolution shall be recorded in the Public Records 44 of Dade County, Florida, and the developer shall bear recording 45 costs for all documents that are required to be recorded herein; Shaw PUD Resolution: Public Hearing July 22, 1997 1 2 (6) The developer shall comply with all conditions, all 3 sections and sub - sections of this resolution, and all other 4 requirements referenced herein and shall construct all of those 5 improvements as directed by this resolution; and, 6 7 (7) The developer shall comply with all applicable City, 8 County and Federal codes, including South Florida Building Code 9 and the City's Landscaping Ordinance under the administration of 10 Dade County's Department of Environmental Resource Management; 11 12 (8) The developer shall record a Public Easement in the 13 Public Records of Dade County, Florida, granting the City and 14 other public authorities rights of access over and to the common 15 areas and elements of the Planned Unit Development - Residential; 16 17 (9) The City Manager may require further review by the 18 Planning Board or the ERPB when the City Manager believes that 19 the plans and specifications submitted with an application for a 20 development permit do not comply with this development approval; 21 22 (10) The City Manager may require further approval by the 23 City Commission when the City Manager determines that the plans 24 and specifications submitted with an application for development 25 approval do not meet the intent of this resolution, or constitute 26 a change that is not consistent with the provisions for a minor 27 change as contained in Section 20 -5.12, or, when a violation or 28 failure of a condition of development occurs; and, 29 30 (11) The City Manager shall have final approval and 31 authority over all matters regarding the determination of the 32 applicant's compliance with the intent of these sections. 33 34 Section 5. Amendment Of The City's Official Zoning Map 35 36 City staff is hereby directed to mark the City's Official Zoning 37 Map with a notation that the property is "PUD -R" and this shall 38 be noted prior to the next, regular printing of the zoning map. 39 This action in no way constitutes a re- zoning, and the property 40 shall remain as "RS -3" Medium Lot Single - Family Residential. 41 42 Section 6. Notices 43 44 This section is intentionally omitted. 45 Shaw PUD Resolution: Public Hearing July 22, 1997 1 Section 7. Abandonment 2 3 In the event the developer abandons the development, then the 4 developer shall be responsible for mitigating the impacts which 5 result from abandonment. The term "abandon means (a) cessation 6 of substantial physical development for 180 days; (b) declaration 7 of insolvency; (c) initiation of bankruptcy proceedings; and /or 8 (d) lack of a permit application which shall be submitted within 9 180 days of the adoption of this resolution. 10 11 To satisfy the obligation to mitigate impacts resulting from 12 abandoning the development, the developer shall provide the City 13 with a letter of credit in the amount of $250,000. The letter of 14 credit shall be issued by a financial institution acceptable to 15 the City manager, in a form acceptable to the City Attorney, and 16 it shall be delivered to the City prior to the issuance of the 17 first building permit. The letter of credit shall remain in 18 effect until the issuance of the final Certificate of Occupancy 19 for the last home to be constructed as part of Phase I. 20 21 In the event of abandonment, the City Manager shall be the final 22 authority in determining if abandonment has occurred and what, if 23 any, action shall be taken, regarding the letter of credit. Any 24 action by the City Manager may be appealed under Section 20 -6.2. 25 26 In the event that funds available under the letter of credit are 27 not sufficient to mitigate the impacts of abandonment, the City 28 may take actions to finance mitigation. Any funds expended by 29 the City shall constitute a lien on the property of equal dignity 30 with ad valorem tax liens. Notwithstanding the foregoing, it is 31 agreed that the amount of the letter of credit will be reduced by 32 the City, from time to time, during the construction process in a 33 manner relevant to the construction completed. 34 35 Section 8. Conflicts 36 37 In the event of any conflict between this resolution and prior 38 resolutions, this resolution shall govern. 39 40 Section 9. Severability 41 42 If any section, clause, sentence, or phrase of this resolution is 43 for any reason held to be invalid or unconstitutional by a court 44 of competent jurisdiction, then said holding shall not affect the 45 validity of the remaining portions of this resolution. Shaw PUD Resolution: Public Hearing July 22, 1997 1 2 Section 10. Effective Date 3 4 This resolution shall take effect immediately upon its adoption, 5 as evidenced by at least four affirmative votes of the members of 6 the City Commission, pursuant to Section 20- 6.1(A)(3)ii. This 7 Special Use Permit as it relates to Phase I shall expire upon the 8 completion of the last home in Phase I or on December 31, 1999. 9 If Phase I is completed by December 31, 1999, then Phase II shall 10 be automatically extended for ten years; otherwise, if Phase I is 11 not completed by December 31, 1999, then this approval expires on 12 December 31, 1999, for both Phase I and Phase II, and re- approval 13 must be sought by the current or any future developer or owner. 14 15 16 PASSED AND ADOPTED this 22nd day of July, 1997. 17 18 19 ATTEST: APPROVED: 20 21 22 23 CITY CLERK MAYOR 24 25 READ AND APPROVED AS TO FORM: 26 27 28 29 CITY ATTORNEY 30 c:\ ... \ reports \ Monitor Shaw Res.doc 31 Shaw PUD Resolution: Public Hearing July 22, 1997 EXHIBIT 1: LEGAL DESCRIPTIONS LEGAL DESCRIPTION - PHASE I A portion of the Southeast 1/4 of the Southeast 1/4 of Section 36, Township 54 South, Range 40 East, City of South Miami, Dade County, Florida, being more particularly described as follows; Commence at the intersection of the centerline of S.W. 57th. Avenue (Red Road) and the center- line of S.W. 84th. Terrace; thence run South 89 degrees 39 minutes 45 seconds West, along the said centerline of S.W. 84th. Terrace, for 35.00 feet; thence South 00 degrees 02 minutes 55 seconds 'East, along a line 35.00 feet West of and parallel with, as measured at right angles to, the said centerline of S.W. 57th. Avenue (Red Road), for 25.00 feet to the Point of Beginning of the following described parcel of land; thence continue South 00 degrees 02 minutes 55 seconds East, along the lost mentioned course, for 238.00 feet; thence South 89 degrees 39 minutes 20 seconds West for 290.00 feet; thence South 00 degrees 02 minutes 55 seconds East for 275.00 feet; thence South 89 degrees 39 minutes 20 seconds West for 179.75 feet; thence North 00 degrees 02 minutes 55 seconds West for 120.00 feet; thence South 89 degrees 39 minutes 20 seconds West for 131.00 feet; thence North 00 degrees 01 minutes 55 seconds West, along a line 25.00 feet East of and parallel with, as measured at right angles to, the centerline of .S.W. 58th: Avenue, for 418.08 feet; thence North 89 degrees 39 minutes 45 seconds East, along the said centerline of S.W. 84th. Terrace, for 223.01 feet; thence South 00 degrees 01 minutes 50 seconds East for 225.02 feet; thence North 89 degrees 39 minutes 20 seconds East for 183.34 feet; thence North 00 degrees 01 minutes 50 seconds West for 199.99 feet; thence North 89 degrees 39 minutes 45 seconds East, along a line 25.00 feet South of and parallel with, as measured at right angles to, the said centerline of S.W. 84th. Terrace, for 194.24 feet to the Point of Be inning, lying and being in the City of South Miami, Dade County, Florida, containing 181,603 +�- square feet. LEGAL DESCRIPTION - PHASE If A portion of the Southeast 1/4 of the Southeast 1/4 of Section 36, Township 54 South, Range 40 East, City of South Miami, Dodo County, Florida, being more particularly described as follows; Commence at the intersection of the centerline of S.W. 57th. Avenue (Red Road) and the center- line of S.W. 84th. Terrace; thence run South 89 degrees 39 minutes 45 seconds West, along the said centerline of S.W. 84th. Terrace, for 229.24 feet to the Point of Beginning of the following described parcel of land; thence continue South 89 degrees 39 minutes 45 seconds West, along the last described course, for 183.34 feet; thence South 00 degrees 01 minutes 50 seconds fast for 225.02 feet; thence North 89 degrees 39 minutes 45 seconds East for 183.34 feet; thence North 00 degrees 01 minutes 50 seconds West for 224.99 feet to the Point of Beginning, lying and being In the City of Miami, Dade County, Florida, containing 41,251 +/- square feet. Exhibit 2s Legal Description Abandonment N n 2 i >rJn?�ooz�$� m p �nirnaa8 gm�� � mF- F 2 c�0U�2��y f N •� ���AO�y E�o�m�oi ��y A aa�J���c�rm M p C N m i F 0 41 Air y { ; m 3Am�1�A��myL ° C ri y' 8�N NSi gym N my. D. J j 2£ A N Z O y 0 �m m v m mb - . ;3 a�> 0{ a2{ m x O Q A Zt Z m O b iv � M m r O ON �7.�0/50� .. N Q M 2 A ti m° N 25.E 2 � Am m >z s 2S. � o wO. Nmua t EJ9 J (A O Z A� n ~ P �m $ ,i mm Exhibit 3: List of Submitted Documents Documents submitted at the Planning Board Meeting of June 5, 1997: Supplemental development drawings, dated March 25, 1997 Supplemental landscape drawings, dated May 5, 1997 Revised "Color Selection" Palette, stamped June 5, 1997 Letter from Westway Limited, dated June 3, 1997 Letter from Dade County DERM, dated June 3, 1997 Letter from Dade County MDTA, dated June 2, 1997 Draft Declaration of Covenants, Restriction and Easements Documents resulting from the Planning Board Meeting of June 5, 1997: Planning Board Minutes from the Meeting of June 5, 1997 Letter from Mr. J. Hayes Worley, Jr., dated June 6, 1997 Documents submitted b the City staff regarding the Application: Staff Report for the Planning Board, dated May 13, 1997 Final Staff Report for ERPB, dated March 10, 1997 Preliminary Staff Report, dated February 18, 1997 Preliminary Staff Report, dated September 24, 1996 Section 20 -3.7 of the City's Land Development Code Documents relating to the ERPB's Review of the Application: Letter in lieu of ERPB's formal approval, dated May 7, 1997 ERPB Special Meeting Minutes for the Meeting of August 23, 1997 ERPB Regular Meeting Minutes for the Meeting of May 6, 1997 Documents relating to correspondence regarding the he Application: Letter from Mr. J. Hayes Worley, Jr., dated May 9, 1997 Letter to Mr. J. Hayes Worley, Jr., dated May 1, 1997 Letter from Mr. J. Hayes Worley, Jr., dated April 29, 1997 Letter from Mr. J. Hayes Worley, Jr., dated April 8, 1997 Documents comprising Application Submitted by Westway Limited: Development drawings, dated March 18, 1997 Landscape drawings, dated February 3, 1997 Tree, Elevation, Phase I and Phase II Surveys Photographs and Site Plan Photocopy Reductions Color Selection Palette, submitted March 18, 1997 Letter from Westway Limited, dated March 18, 1997 Letter from Dade Fire Dept., dated October 18, 1996 Application for the ERPB, dated March 18, 1997 Application for Public Hearing, dated March 18, 1997 Exhibit 4: Staff Memorandum Regarding Declarations ,ddEl► CITY OF SOUTH MIAMI myINTER - OFFICE MEMORANDUM To: L. Dennis Whitt City Manager Date: July 18, 1997 From: Bill Mackey, AICP Re: Proposed Amendments to Director of Planning & Zoning PUD -R "Declarations ..." PROPOSED AMENDMENTS TO PUD -R "DECLARATIONS ..." Per my review of the proposed "Declarations of Covenants, Restrictions, and Easements for Parkside Village," please, find the following items which require amendments (my suggestions for the amendments are included in parentheses, but are subject to the City Attorney's approval): 1. p. 3: "DRAINAGE SYSTEM" definition includes mention of drainage to canals (strike); 2. pp. 6 -7: Section 1 ascribes sole discretion to declarant regarding development activities in PUD; in addition, Phase II development is rendered as an option when it is a requirement (declarant shall be subject to provisions of the PUD -R resolution and Phase II is required); 3. pp.7 -8: Landscaped Areas or Grassed Areas should be amended to include only the eastern 220 feet of S.W. 84 Terrace, and the rights -of -way along the eastern ' /2 of S.W. 58 Avenue and the western ' /2 of S.W. 57 Avenue from S.W. 84 Street extending to Dante Fascell Park; 4. p. 8: Street Lights and Decorative Street Lights are mandated by the PUD on private property and in the public right -of -way along S.W. 57 Avenue and S.W. 58 Avenue; current language is not obligatory (revise the language to be obligatory and to include adjacent rights -of -way); 5. p. 8 Entranceway and Entry Gates include guard house which is not included in PUD (strike); 6. p. 8 Right to Add Additional Improvements which are not included in PUD (revise or strike); 7. p. 11 Absence of Obligation negates the intent of unified property in PUD (revise or strike); 8. p. 12 Parking Rights which are not usually a part of single- family residential uses (strike); 9. p. 14 ACCESS EASEMENT should include easement to City and public agencies (add); 10. p. 15 "Zero Lot Line Easement" is not approved in the PUD; a minimum setback of, at least, ten (10) feet for any structure from any other structure shall be established, as represented on the site plan for adoption by City Commission (re- title, revise, and amend related sections); F6fi 11. p. 24 "REVIEW OF PROPOSED CONSTRUCTION' includes accessory structures, brick pavers, stamped concrete, basketball goals, buildings, aerials, external enclosures (including entry screen and patio screen enclosures) which are PROHIBITED by virtue that the PUD as proposed represents the total build -out of the project (strike reference to the above matters); 12. p. 32. SIGNS and TRASH AND OTHER MATERIALS subject to City regulations (revise); 13. p. 35 § C. should reference revision to PUD, in case of damage in excess of $25,000 (add); 14. p. 38 CERTAIN RIGHTS OF DECLARANT include use of property as "model row" and for sales offices. These are uses which are not permitted in single- family residential districts and which are not permitted by the PUD -R (revise Section 6 to include two models only and add language which requires that all signage and other activities comply with City's codes); and, 15. p. 40 TERM insert a new sub - section to include City's right of notification upon termination (revise entire document appropriately to notice the City in all actions regarding termination). These revisions should be submitted in the standard, "underline and strike th -eu mot," format to the City Attorney. Please, note that additional revisions to these and other sections and sub - sections may be required by the City Attorney. Final approval is at the discretion of the City Attorney. Please, note that the inclusion of the property for Phase II as part of the PROPERTY is essential to the concept of a single property under unified ownership for a Planned Unit: Development. It is my opinion that exclusion of Phase II property may invalidate the PUD. Thank you. c: Earl G. Gallop City Attorney file rrii D u - WVA "�- Ao11],Vr:7uV In MIAMI,.rLV LI{!N ntl.A_kmu,l V.-a_ 1' AN AF'PUCATION_FOR A, PLANNED -UNIT DEVELOPMENT -.: `,,_I RESIDENTIAL _ [PUD -R] EOR; ; �.]�OPERTY ROUGHLX MIAMI DAILY BUSINESS REVIEW ,BOUNDED BY:S.W. 57- AVENUE (RED:FtOAD)� sub 84 d, Published Daily except Saturday, Sunday and TERRACE _RIGHT =OF -WAY, S.W. Legal Holidays -DANTE _ FASCELL P7 1S; PROVIDING EOR. A LEGAL Miami, Dade County, Florida. DESCRIPTION; PROVIDING FORT FINDINGS OF:_'FAC_(. `FOR CONCLUSIONS OF LAW, AND FOR AN ORDER; PRO- STATE OF FLORIDA VIDING FOR DEVELOPMENT APPROVAL WITH CONDI COUNTY OF DADE: - ' ;TtONS; PROVIDING FOR "AMENDMENT OF THE CITY:S , , Before the undersigned authority personally appeared OFFICIAL ZONING MAP; PROVIDING FOR " NOTICES;, Octelma V. Ferbeyre, who on oath says that she is the "'PROVIDING FOR ABANDONMENT; PROVIDING FOR CON Supervisor, Legal Notices of the Miami Daily Business FL_'ICTS ;'PROVIDING FOR SEVERABILITY; AND, PROVID- Review We Miami Review, a daily (except Saturday, Sunday :,'I QC FOR AN EFFECTIVE DATE. and Legal Holidays) newspaper, published at Miami in Dade Please note that.-the ae ca boned resol ' County, Florida; that the attached copy of advertisement, p Io uW includes the• being a Legal Advertisement of Notice in the matter of IoNOwmg three matters why were previous y Bard at the Plannmg-' CITY OF SOUTH MIAMI Board Meeting of June 5J,997:1 ar e' -. PUBLIC HEARING 7/22/97 Request #1 A Manned Unif Development (Residential] °pursuant to RESOLUTION RELATING TO Section 20 5 12 of the Land Development Code AN APPLICATION FORA PLANNED UNIT DEVELOPMENT— Request #2 'A waroer of right- of- way Limprovements along'SW 58 RESIDENTIAL ETC .�n, Pursuant to Section 20-4.2(C)(1) of the Land a ireiopment Code inthe ............ .......... XXX=XX ............................... Court, _ - Request #3 A petition to close the southern '/z of the western 400 was published in said newspaper in the issues of feet 'of the UNIMPROVED ri ht,of -wa known as SW JU1 11, 1997 t .8# a rdce, between Red Road and SW 58 Avenue: ' pursuant to Florida Statutes Chapter 336 Location O'SW 57 Avenue and 5770 SW 84L Terrace = mouth Miaimi Florida 33143 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade Also in response to the recommendations made by the Planning County, Florida, and that the said newspaper has heretofore Board on June 5, t997, the following item -will-be heard at the City _ been continuously published in said Dade County, Florida, Commission Meeting on July 22, 1997, regarding the norther Y2 of the each day (except Saturday, Sunday and Legal Holidays) and western 400= feet of the unimproved right -of -way, known as SW 84 has been entered as second class mail matter at the post Terrace office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached A. RESOLUTION OF THE MAYOR AND CITY COMMISSION copy of advertisement; and affiant further says that she has OF THE CITY-'OF -SOUTH MIAMI, FLORIDA, RELATING TO neither paid nor promised any person, firm or corporation ANDONMENT AND VACATION `OF THE NORTHERN Y2 any disco , rebate, commissi d for the purpose OFjHE WESTERN 400 FEET, MORE OR LESS, OF AN newec this advertise t r pubs anon in the said G IMPROVED RIGHT - -OF -WAY, ALSO KNOWN AS S.W. 84 y p TRACE -LYING AND BEING: BETWEEN S,1(, -57 AV NUE [RED_ROAD] AND S,W --5 ENUE ANO -1YING Af+0 "BEING SOUTH OF 'LOTS 9 THROUGH 18, 8LOCK 2, ........... - .......... .... AMIDED PLAT OF SEA_VIEW PARK; PROVIDING FORA LEC,AL DESCRIPTION, AkQ PROVIDING FOR AN EFFEC ' TtVE DATEccfi # utes ' Sw m tQ and subscribed before me th 11 7 ingw ,es concemmg 3tus item :should be directed to the Planning day of... .. 19...... Zoriirig Dlvtswn -at 663-6347 ... .......... .. ,,,,,,,,, ,, ALL interested parties are invited to attend and will be heard. 4 (SEAL) Y PV OFFICIAL NOTARY SEAL onetta Taylor, CM C B!' JAN LLERENA "City Clerk Octelma V. Ferbeyre (I�r e!R t0 r�fA�oti NUMBER s r city of South Miami - .1 * + Pursuant to Florida Statutes 286 0105 the City hereby advises the ?,fie s q C C 5 6 6 d Q 4 public that iVa Pefson *cedes ,to, appeal any, decision made by this MY COMMISSION EXPIRES Boatd;,Agarrgf; o� IielE1@i tI},rpspect to -any; matter considered -' `cOF FLO JUNE 23,2000 ag its meeting 0t.,b05ria4 ftP "zWill needs - record of I, erproceed- ' inga'a that fgr ease, ,aff_ ected person may need W- dh'sure, that a- verbatim record of the proceedings is made which record L in- cludes .the testimony and evidence upon which the appeal is to be based. 7l11 97_3 -071150M Admbb CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: M nd City Commission Date: July 18, 1997 Agenda Item # Z From: L. Dennis Whitt Re: Comm. Mtg, 07/22/97 City Manager S.W. 84 Terrace Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ABANDONMENT AND VACATION OF THE NORTHERN '/2 OF THE WESTERN 400 FEET, MORE OF LESS, OF AN UNIMPROVED RIGHT -OF -WAY, ALSO KNOWN AS S.W. 84 TERRACE, LYING AND BEING BETWEEN S.W. 57 AVENUE [RED ROAD] AND S.W. 58 AVENUE AND LYING AND BEING SOUTH OF LOTS 9 THROUGH 18, BLOCK 2, AMENDED PLAT OF SEA VIEW PARK; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On June 5, 1997, the Planning Board voted to recommend approval of the proposed PUD -R for the Shaw Nursery property with conditions. One of these conditions included the consideration that the City Commission abandon the northern ' /2 of unimproved right -of -way corresponding with the request of the developer for the southern ' /z of right -of -way, known as S.W. 84 Terrace. The attached resolution effects the abandonment by the City Commission of the northern 1/2 of the unimproved right -of -way, so that the property may revert to the adjacent property owners. The Planning Board voted 6:0 to recommend that the City Commission take such action. RECOMMENDATION: Approval. Proposed Resolution for Adoption Exhibit A: Survey of the Parcel City Manager's Report: S.W. 84 Terrace Resolution 1",V "11, „17 fia . 1 > 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ABANDONMENT 6 AND VACATION OF THE'NORTHERN % OF THE WESTERN 400 FEET, 7 MORE OR LESS, OF AN UNIMPROVED RIGHT -OF -WAY, ALSO KNOWN 8 AS S.W. 84 TERRACE, LYING AND BEING BETWEEN S.W. 57 9 AVENUE [RED ROAD] AND S.W. 58 AVENUE AND LYING AND 10 BEING SOUTH OF LOTS 9 THROUGH 18, BLOCK 2, AMENDED PLAT 11 OF SEA VIEW PARK; PROVIDING FOR A LEGAL DESCRIPTION; 12 AND, PROVIDING FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, on June 5, 1997, the Planning Board voted 6:0 to 16 recommend approval of an Application for a Special Use Permit for 17 the construction of a Planned Unit Development - Residential with 18 certain conditions to be included as part of the proposal; and, 19 20 WHEREAS, said conditions recommended by the Planning Board 21 provide that abandonment of SW 84 Terrace occurs west of the PUD 22 entrance, in order for the subject properties to revert back to 23 adjoining property owners and to implement recommendations number 24 5 and 6 contained in the director's report; and, 25 26 WHEREAS, said report, dated May 13, 1997, in recommendation 27 number 5 requests that the City Commission consider abandoning 28 the northern portion of the unimproved right -of -way corresponding 29 with the request of the developer for the southern portion of 30 said right -of -way, known as S.W. 84 Terrace; and, 31 32 WHEREAS, said report, in recommendation number 6 requests 33 that the City Commission require, as a condition of development 34 approval, the developer to pay for (a) the relocation of 35 utilities along the new property line and (b) the extension of 36 all fences (in same style as existing), so that the northern 37 portion of the right -of -way may revert to the use and enjoyment 38 of the abutting property owners along S.W. 84 Street (and west of 39 the entrance); and, 40 41 WHEREAS, the City Commission determines that it is in the 42 public interest to abandon and vacate the unimproved right -of -way 43 which is comprised of the northern half of the western 400 feet 44 of right -of -way, known as S.W. 84 Terrace, said portion lying and 45 being between S.W. 57 Avenue and S.W. 58 Avenue. S.W. 84 Terrace Resolution: Public Hearing July 22, 1997 1 I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1. The northern one -half of the western 400 feet of 5 unimproved right -of -way, which is known as S.W. 84 Terrace, being 6 and lying between S.W. 57 Avenue and S.W. 58 Avenue, and which is 7 legally described in Section 2, is hereby abandoned and vacated. 8 9 Section 2. The right -of -way is legally described below and a 10 boundary survey of the unimproved right -of -way is attached hereto 11 and labeled as "Exhibit A." 12 13 A portion of the unimproved right -of -way of S.W. 84th Terrace, 14 lying between S.W. 57 Avenue and S.W. 58 Avenue, lying and being 15 in Section 36, Township 54 South, Range 40 East, in Dade County, 16 Florida, being more particularly described as follows: 17 18 Begin at a point, the same being the southeast corner of Lot 9, 19 Block 2, of the Amended Plat of Sea View Park, according to the 20 plat thereof, as recorded in Plat Book 17 at Page 80 of the 21 Public Records of Dade County, Florida; thence run westerly and 22 then northwesterly along the south line of the aforesaid Block 2, 23 a distance of 440 feet, more or less, following the northwesterly 24 arc of the 25 -foot radius of the southwest corner of Lot 18, of 25 the aforesaid Block 2, to a point on the west line of Lot 18, the 26 same being 25 feet north of a line, the same being the western 27 extension of the south line of the aforesaid Block 2; thence run 28 southerly along a line, the same being the southern extension of 29 the west line of Lot 18, Block 2, a distance of 50 feet, more or 30 less, to a point on the east right -of -way line of S.W. 58 Avenue, 31 the same being the intersection of the east right -of -way line of 32 S.W. 58 Avenue and '.. the centerline of S.W. 84 Terrace; thence run 33 easterly along the centerline of S.W. 84 Terrace, the same being 34 parallel to and 25 feet south of the south line of the aforesaid 35 Block 2, a distance of approximately 400 feet, more or less, to 36 the intersection of the centerline of S.W. 84 Terrace and a line, 37 the same being the 'southern extension of the east line of Lot 9 38 of the aforesaid Block 2; thence run northerly along aforesaid 39 southern extension of the east line of Lot 9 to the southeast 40 corner of said Lot 9, the same being the Point of Beginning. 41 42 Said parcel of unimproved right -of -way lying and being south of 43 Lots 9 through 18, Block 2 of the Amended Plat of Sea View Park, 44 according to the plat thereof, as recorded in Plat Book 17 at 45 Page 80 of the Public Records of Dade County, Florida. S.W. 84 Terrace Resolution: Public Hearing July 22, 1997 2 Z I 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 Section 3. This resolution shall take effect immediately upon approval. Notice of the adoption of this resolution by the City Commission shall be published one time only, within 30 days of the effective date of adoption, in one issue of a newspaper of general circulation in Dade County. Proof of publication of the notice of public hearing, a copy of the resolution as adopted, and the proof of publication of notice of the adoption of such resolution shall be recorded in the deed records of Dade County. PASSED AND ADOPTED this 22nd day of July, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: E •; S.W. 84 Terrace Resolution: Public Hearing July 22, 1997 c:\ ... \ reports \ Monitor Shaw Res # 2.doc 3 2l MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 7/22/97 RESOLUTION RELATING TO AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT— RESIDENTIAL, ETC. inthe ...................... XX. XXi. XX ............................... Court, was published in said newspaper in the issues of Jul 11, 1997 pa further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of. advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any disco rebate, commissi d for the purpose of se�this advertise f r pubi ation in the said new p 11 NMI subscribed before me th17 ......... 19...... (SEAL) Octelma V. Ferbeyre Y PUe (ly M!fl OFFICIAL NOTARY SEAL JANETT LLERENA to rL%yassjou NUMBER ? . f FOF FV0 CC56600 4 MY COMMISSION EXPIRES JUNE 23.2000 sCITY OF SOUTH MIAMI x NOTICE OF PUBLIC HEARING NOTICE lS HEREBY given the City Commission of the City of South`Miarnii Fonda will conduct a Public Hearing during is regular City Commission meeting" on ' Tuesday, July 22, 1997, . beginning vat 7:30 p.m., in the City. Commission Chambers, 6130, Sunset.Drive,: Ao consider the following: _,. A RESOLUTION OF THE MAYOR AND CITY COMMISSION_ _ r, =; OF'THE -CITY OF SOUTH MIAMI,, FLORIDA RELATING TO' ; : %4 AN APPLICATION FOR A:PLANNED UNIT DEVELOPMENT ,. RESIDENTIAL [PUD -R] , FOR PROPERTY ROUGHLY ,-.; BOUNDED BY S.W. 57 AVENUE (RED. ROAD), S Vt►$4 z TERRACE RIGHT -OF -WAY, S.W. 58 AVENUE, AND..SY .- DANTE FASCELL PARK; PROVIDING FOR A -LEGAL , DESCRIPTION; PROVIDING FOR FINDINGS OF,.FA'T, :, FOR 'CONCLUSIONS OF LAW, AND FOR AN ORDER; PRO.. VIDING FOR DEVELOPMENT APPROVAL WITH CONDI TtONS; PROVIDING FOR AMENDMENT OF THE CITY'S :OFFICIAL ' ZONING MAR; PROVIDING FOR ` NOTICES; PROVIDING FOR ABANDONMENT; PROVIDING FOR CON - _FLICTS; PROVIDING FOR SEVERABILITY; AND, PROVID ING FOR AN EFFECTIVE DATE. Please, note that: the abgve captioned resolution `includes the. Board Meeting of Junes 1997 x Request #1: A Planned Unit Development (Residential) pursuant'to Section 20 -5.12 of the Land Development Code. 1 Request #2: A waiver of right -of -way improvements along SW 58 Avenue, pursuant to Section 20- 4.2(C)(1) of the Land ' �> Development Code. Request #3: ' A petition to close the southern 1/8 of the western 400 r ,feet of the UNIMPROVED right-of-way, known as SW 84 Terrace, between Red Road and SW 58 Avenue. i pursuant to Florida Statutes Chapter 336, _ Location: 8910 SW 57 Avenue and 5770 SW 84 Terra­ N4,' - South Miami, Florida 33143 Also in response to the recommendations made by the Planning Board on June 5, 1997, the following item will be heard at the City. Commission Meeting on. July 22, 1997, regarding the northern Y2 of the western 400 feet of the unimproved right -of -way, known as SW 84 Terrace: F` ..,3 A RESOLUTION OF THE, MAYOR AND CITY COMMISSION OF THE CITY OF-SOUTH MIAMI, FLORIDA, RELATING TO ABANDONMENT AND VACATION OF THE NORTHERN % OF-,THE .WESTERN 400 FEET,'MORE=OR LESS, OF AN UN1MPFiOVED RIGHT -OF -WAY, ALSO KNOWN AS'S.W. 84 TERRACE, .,.LYING AND BEING: BETWEEN S.W. 57 AVENUE [RED ROAD] AND S.W. °58 AVENUE AND,LYING AND BEING.SOUTH OF LOTS 9 THROUGH 18, BLOCK 2, AMENDED PLAT OF SEA VIEW PARK; PROVIDING FOR A - LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFEC- TIVE DATE > , Inquiries concerning tNs dem should be directed to the Planning r# Zoning Division -at: 663 -6347. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk N City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides w appeal any decision made by this :Boani, :, Agency -Ab9 mtaswg;.ytrjth:respect to any matter-consii ered-" at its meetingowBQaritlg;ft r will need a- record of fh proceed ingW*ndjhat forsuc_4amVdse,;.affected person may need tb: 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. 7/11- 97= 3 -071.150101 - CITY OF SOUTH MIAMI INTER— OFFICE MEMORANDUM To: Mayor and City Commission Date: July 14, 1997 L. Dennis Whitt, City Mgr. zz From: Earl G. Gallop Re: Settlement of Bradshaw claims This memorandum recommends settlement of the Bradshaw claims. The claims include the employment discrimination claims asserted by Lt. Bradshaw in Shirley Bradshaw v. City of South Miami, Case No. 96- 3355 -CIV- MARCUS (S.D.Fla. 1996), and the claims asserted by Sgt. Joyce Garner and Sgt. Norma Waterman in their EEOC complaints. Sgts. Garner and Waterman received "right to sue" letters from the U.S. Department of Justice which enables them to initiate similar law suits against the city in federal district court. The settlement agreement includes all claims that the parties asserted, or could have asserted, as of the date of the settlement. The settlement amount is $35,000. The claims are covered by the city's self - insurance program. The city agrees to provide human diversity training to certified police officers. Training will address the changing roles of police officers in diverse professional and community settings. Each settling officer will receive up to $1,000 for psychological counseling during the next fiscal year. A disciplinary record review committee, established by the city manager, will continue to review adverse personnel actions concerning these, as well as other, officers. The officers will be given an opportunity to place written comment in their file regarding any adverse actions. Specified amounts of sick leave will be restored to each officer. The settlement is in the best interest of the city, which includes its police officers. Recommendation: Approve the settlement agreement. cc: Rebecca Fischer, Esq. CSM\bradshaw.mmo 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING SETTLEMENT OF PENDING LITIGATION; APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND LT. SHIRLEY BRADSHAW, SGT.. JOYCE GARNER AND SGT. NORMA WATERMAN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Lt. Shirley Bradshaw initiated a complaint, styled Shirley Bradshaw v. City of South Miami, Case No. 96- 3355 -CIV- MARCUS (S.D.Fla.1996), alleging, among other things, gender discrimination, and Sgt. Joyce Garner and Sgt. Norma Waterman requested, and received "right to sue" letters from the U.S. Department of Justice which enables them to initiate similar complaints against the city; and, WHEREAS, the parties abated litigation, or did not initiate threatened litigation, while they negotiated a settlement of their claims; and, WHEREAS, subject to approval by the Mayor and the City Commission, the representatives of the city and the claimants have reached a settlement of the claims; and, WHEREAS, the city attorney recommends approval of the settlement agreement; and, WHEREAS, pursuant to § 164.062, Fla. Stat., this action is taken at a properly noticed public hearing; and, WHEREAS, the Mayor and City Commission believe that it is in the best interest of the city to approve the settlement agreement. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The settlement agreement attached as App. I is approved. Section 2. This resolution shall take effect immediately upon approval. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 PASSED AND ADOPTED this 22nd day of July, 1997. ATTEST: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY C AMYFrLES \CSM\BRADSHAW.RES PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY SETTLEMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND LT. SHIRLY BRADSHAW, SGT. JOYCE GARNER AND SGT. NORMA WATERMAN In consideration of the payment of $10.00 by the City of South Miami to Lt. Shirley Bradshaw, Sgt. Joyce Garner and Sgt. Norma Waterman (collectively referred to as "Complainants "), and other valuable consideration, the receipt and sufficiency of which is acknowledged by each of them, and the mutual covenants contained in this agreement, the City of South Miami and the Complainants agree: 1. Payment of settlement amount. Within 15 days after the execution of this agreement by all the parties, the Florida League of Cities, on behalf of the City, shall deliver a check in the amount of $35,000.00 to the Fischer & Minski Trust Account. The payment is made in full satisfaction of all claims and grievances that the Complainants have, or may have, against the City of South Miami and its elected and appointed public officials, employees, agents and representatives (collectively referred to as the "City "). 2. Human diversity training_ The City shall provide a program of human diversity training to all certified police officers employed by the City. The program shall be created by the City Manager and shall use one or more certified trainers who may be employed by the City or engaged as independent contractors to the City. The program shall be designed to address the specific needs of the City of South Miami Police Department and the community it serves. The City Manager may engage a behavioral psychologist and trainers, and use such advisors, as necessary to design and Page 1 of 8 i. v T%. PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY implement the program. The program shall be offered in connection with, and as partial satisfaction of, the mandatory certification requirement of 16 hours of human diversity training during each 4 -year training cycle. 3. Psychological counseling. The City shall provide up to $1,000.00 in funds for each complainant for employment- related psychological counseling and physiatric therapy during fiscal year 1997 -98. It is the intent of the parties that the Complainants shall have exclusive control over the selection of psychologists or psychiatrists and the establishment of a professional relationship between the care - givers and the Complainants. The relationship between the Complainants and any psychologist or psychiatrist that is created under this paragraph shall be private and confidential. The only obligation of the City in this regard is to pay such invoices that are submitted to it during fiscal year 1997 -98 by a psychologist or psychiatrist, or by Complainants as reimbursement, for services rendered to the Complainants. It is further the intent of the parties that only the invoices and payment records created under the provisions of this paragraph shall constitute public records and the medical records created by the psychologist or psychiatrist under the provisions of this paragraph shall be private records. This paragraph does not in any way limit the power of the City to require psychological evaluation of any Complainant and the provisions of this paragraph expressly do not apply to any evaluation required by the City. 4. Records review. The City Manager has created a committee to review disciplinary action reports and memoranda having adverse comment in the personnel records of all police officers who are currently employed by the City. The City Manager and the committee will continue their Page 2 of 8 PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY review of the personnel records. The review will specifically include all adverse comment in any record in the personnel files of the Complainants. They shall be given an opportunity to comment on any adverse comment whether or not its is commented on by the review committee. Comment by the City Manager, the review committee and Complainants shall be part of the permanent personnel file of the Complainants. 5. Restoration of sick leave. The City shall restore sick leave to the Complainants as follows: Lt. Shirley Bradshaw -72 hours; Sgt. Joyce Garner -80 hours; and, Sgt. Norma Waterman -40 hours. Section 8 of the Personnel Rules and Regulations of the City of South Miami shall apply to the restored sick leave, unless there is a direct conflict between any provisions of the collective bargaining agreement relating to accrual of sick leave, or conversion of sick leave to annual leave, in which case the provision of the collective bargaining agreement shall apply. 6. Complete waiver of claims. Complainants, for themselves, and their heirs, personal representatives, successors and assigns, irrevocably and unconditionally waive, release and discharge the City from all charges, claims, complaints, grievances, obligations, causes of action, promises, agreements, controversies, damages, suits, demands and liabilities, including attorney's fees and costs, of any kind whatsoever, arising out of, connected with, or occurring during Complainants' employment with the City which are known to them or reasonably could have been discovered by them. This waiver, release and discharge includes, but is not limited to, any (a) alleged violation of the Civil Rights Acts of 1866, 1870, 1871, 1964 and 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act of 1992, the Florida Police Page 3 of 8 PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY Officers' Bill of Rights, the Florida Workers' Compensation Act, the Fair Labor Standards Act; (b) any claim arising under any other federal or state constitution, or federal, state, county or city statute, regulation, charter, ordinance or resolution or contract; (c) common law cause of action for breach of contract, wrongful or constructive discharge, or for bodily or personal injury; or, (d) attorney's fees or costs. 7. Covenant not to sue and indemnification. Each Complainant covenants that neither she, nor anyone by, through, or on her behalf, nor anyone related to her by marriage, if applicable, shall bring any claim, complaint, demand or action against the City in any forum, whether state or federal, judicial, administrative, or quasi-judicial, on any matter which Complainant has waived, released, or discharged under this Settlement Agreement. Complainant shall indemnify, hold harmless and defend the City against any matter which has been waived, released, or discharged under this agreement. 8. Dismissal of pending claims and actions. Within 15 days after the execution of this agreement by all the parties, Lt. Bradshaw shall file a notice of dismissal (or stipulation of dismissal) of Shirley Bradshaw v. City of South Miami, Case no. 96- 3355 -CIV- MARCUS. Complainants warrant that no other judicial or administrative claims and complaints by them are pending against the City. 9. Knowing and voluntary waiver. Complainants acknowledge that they have read all parts of the entire Settlement Agreement, understand the content and significance of each and every paragraph in this agreement, consulted with their attorney, Ms. Rebecca H. Fischer, regarding Page 4 of 8 140- PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY their claims and the reasonableness of this settlement, and freely acknowledge that this waiver of rights and release of claims is knowingly and prudently given by them, and that this provision bars all lawsuits and claims against the City, excepting only such claims as may arise to enforce this agreement. Each party shall bear their own attorney's fees and costs incurred in connection with entering into this agreement. 10. Voluntary agreement. ement. This agreement is voluntarily entered into between the City and the Complainants. Specifically, Complainants warrant that do not enter into this agreement under any threat of transfer, dismissal, or disciplinary action; loss of pay or benefits; or, promise or reward, other than what the City shall provide under this agreement. They further warrant that they are not under any duress or constraint in executing this agreement. 11. No admissions. Neither the City or the Complainants admit any wrongdoings. The City denies the allegations of the judicial and EEOC administrative complaints against it. 12. Enforcement. This agreement shall be enforced by an action filed in state court in Dade County, Florida. The parties waive the right to a jury trial and elect to proceed with a bench trial. 13. Entire agreement. This agreement sets forth the entire agreement between the parties and shall supersede all prior agreements and understandings. The Complainants warrant that they have not relied on any other representations, promises, or agreements by any representative to the City, except as set forth in this agreement. Page 5 of 8 PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY 14. Effective date. This agreement shall be effective and binding after execution by the City Manager, by each Complainant, and approval by the City Commission. L. DENNIS WHITT, CITY MANAGER 1qF*1, I raj Rm 2 i. STATE OF FLORIDA) COUNTY OF DADE ) I ALA- JOY E tRNER The foregoing instrument was acknowledged before me this day of June, 1997, by L. Dennis Whitt as City Manager for the City of South Miami, Florida. Signature of Notary Public, State of Florida Print Name: Personally Known or Produced Identification Type of Identification Produced Page 6 of 8 PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY STATE OF FLORIDA) COUNTY OF 340u* j The foregoing instrument was acknowledged before me this / day of June, 1997, by Shirley Bradshaw. rR BECCA H. FISCHER MY CCMNMINION i CC 347M , = EVIR S: F&M 12, 1998 Banded t►Ku Nobey Pubic Wdemieve Q Signature of Notary Public, State of Florida Print Name: Personally Known k,,, or Produced Identification Type of Identification Produced STATE OF FLORIDA) COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 1997, by Joyce Garner. E%, MEN Signature of Notary Public, State of Florida my E%�tRES: F,12,1928 Print Name: r Bonded tiro M—y Pubic Undenomen Personally Known ri or ro uced Identification Type of Identification Produced Page 7 of 8 PRIVILEGED AND CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY STATE OF FLORIDA) COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 1997, by Norma Waterman. AEBE= H. FMMR Signature of Notary Public, State of Florida W COMMI s� a cx g rY WIRES: 12.1986 Print Name: WoWy PW* UndwMiws Personally Known 1--' or Produced Identification Type of Identification Produced esm /bradsett.agt Page 8 of 8 W_ 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 flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published of Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 7 /22/97 RELATING TO EEOC COMPLAINTS, ETC. XXXXXXX ....... Court, In the ... ............................... wge pyblistetJ In sjri ng ,7paper in the issuos or IuI Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy o vertlsement; and affiant further says that she has nelth p d nor promised any person, firm or corporation any scoLnt, rebate, commission or refund for the purpose of s curing this dvertisement for publication in the said no !�Aper. 11 Sworn to and subscribed before me tt�j J sJ lly 7 ...... day of ......................... A.D. 19...... (SEAL) �,(ZY P � OFFICIAL 140TARY . - Sookle Williams personally kno nt� me. 19- CFIERYI_ 1 A1dFiPAER T} �o ; Cl C )iCe sGien 'N"waEr, 0.,545384 fly COWAiSS301I EXPIRES ) APR. 12,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HERESY 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, July 22, 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 EEOC COMPLAINTS; APPROVING A SETTLEMENT AGREEMENT BETWEEN-THE CITY OF SOUTH MIAMI AND LT. SHIRLEY BRADSHAW, SGT. JOYCE GARNER AND SGT. NORMA WATERMAN; PROVIDING FOR AN EFFECTIVE DATE Inquiries concerning this item should be directed to the City Attorney's Office at: 663 -6318. 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. 7/11 97 -3- 071151 M AdOW. CITY OF SOUTH MIAMI OINTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: July 14, 1997 L. Dennis Whitt, City Manager From: Earl G. Gallop Re: Payment of Title Attorney's Fees and Costs This memorandum recommends payment of title attorney's fees and costs in the amount of $10,088.29. Title attorney's fees and costs were incurred in performing title work for the lien foreclosure actions (App. 1, App.2), an unsafe structure (App. 3), and also the Davis Gardens property (App. 4). Recommendation: approval. EGG /sgs Enclosures cc: Steven C. Cronig, Esq. C:\MYFILES\CSMMEMOS\MAYOR-CC.MM1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR OUTSIDE REAL ESTATE COUNSEL IN THE AMOUNT OF $10,088.29 AND CHARGING ACCOUNT NO. 1500 -3410, CONSULTING- LEGAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Attorney retained outside real estate counsel to perform title work for a variety of matters, including lien foreclosures, Davis Gardens, and an unsafe structure; and, WHEREAS, the City Attorney recommends payment of the attached invoices for attorney's fees and costs received from Bailey & Jones in the total amount of $10,088.29 for services rendered in performing title work. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 The invoices for attorney's fees and costs received from Bailey & Jones in the total amount of $10,088.29, are approved for payment and payment shall be charged to Account No. 1500 - 3410; Consulting - Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 22 nd day of July, 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY CSM\B &Jfee.res Ezrim JUL -C1,5' 14:05 -'on:BA LEY JONES 3)53147148 i -344 P 02102 Jc -253 BAILEY &.,JONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOICIER CENTRE Y SUITE 300 601 6RICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (306) 374-6606 FAX (306) 374 -6716 (306) 374 -774x! City of South Miami P.O. Box 330090 C/o Mr. Earl G. Gallop, Esq. Coconut Grove, F1 33233 FOR PROFESSIONAL SERVICES RENDERED: July 1, 1997 Matter: 989402 South Miami, City of - Owner's Encumbrance Search Various Prop., South Miami For Professional Services Rendered: For Disbursements Incurred: APP. 1 $ 5,000.00 $ 2,190.29,/ Total Due: $ 7,190.29 failey & Jones PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE 501 BRICKELL KEY DRIVE SUITE 300 •!AMI, FLORIDA 33131 -2623 TEL. (305) 374 -SSOS FAX (305) 374 -6715 19 AI L: badeyJOnCSOW Wddnet.att.net JEANNETTE E. ALSO RAUL A. ARENCISIA GUY S. BAILEY, JR. ELIZABETH S. BAKER PATRICIA M. SALOYRA SCOTT L. CAGAN TIMOTHY CONE STEVEN CARLYLE CRONIG -4MES C. CUNNINGHAM, JR JESSE C. JONES KARIN S. MORRELL OF COUNSEL LAWRENCE S. EVANS J. BRUCE IRVING ROBERT E. SCHUR SENIOR COUNSEL WM. R. DAWES Tuesday, April 29, 1997 Earl G. Gallop, Esquire E.G. Gallop & Associates 200 South Biscayne Boulevard Miami, Florida 33131 -2316 RE: City of South Miami / Owners' and Encumbrance Searches Dear Earl: I am writing regarding the billing for the twenty owners' and encumbrances' title examinations we performed for the City of South Miami. When we began this project in January, I thought it would be a relatively simple matter involving running an in -house computer search and examining a small number of documents for each property. Ordering the information by computer should have been both faster and much cheaper. Unfortunately, the project turned out to be much more complicated than we initially believed. The computer data base goes back only to 1976 and in many of these files, the properties had been acquired many years before then. Ultimately, we had to order manual title searches for many of the properties, some of which went back to the 1940's in order to get what is called a "base of title ". The delivery time for these back searches was several weeks. Due to the nature of the owners, most of the searches involved dozens of documents; we ended up receiving and examining nearly six thousand pages of information. In many cases, there were probate documents to examine, as well as judgments filed against the owners and individuals with similar names. In several cases, it was necessary to conduct an examination of the Secretary of State's corporate records. App . 2 m Earl G. Gallop, Esquire Tuesday, April 29, 1997 Page 2 We already have billed the City for the costs advanced for the title information. I have held off billing the City for the legal fees involved in the examinations until I knew the full extent of the time involved. The total time involved exceeded sixty hours for Charisse and twenty -two hours for me. Some of the files took less time, some took more, but it averaged out to three hours of paralegal time @ $75/hour and one hour of attorney time @ $250/hour for each of the twenty files. Accordingly, the actual fees per file may be stated as $475.00. This obviously is much higher than you and I initially had anticipated, so I would like to reduce the per file fee to $250. Accordingly, the legal fees we will charge for this matter are $5,000, plus costs. Please do not hesitate to call me if you have any questions. Sincerely, BAILEY & JONES cc: B &J Bookkeeping Dept. BAILEY & .JONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW rim BAILEY & .JONES � A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI. FLORIDA 33131.2623 TEL. (305) 374 -5505 FAX 1305) 374 -6715 (30S)374-7748 City of South Miami 200 S. Biscayne Blvd. Suite 3580 Miami, FL 33131 FOR PROFESSIONAL SERVICES RENDERED: May 14, 1997 Matter: 989405 South Miami, City of - Owner's & Encumbrance Search 6163 SW 63rd Terrace 04/02/97 SCC: Attention to Examination of Title 1.00 $ 250.OU 04/03/97 SCC Examination of title 1.00 250.00 Total Professional -cervices $ 500.00 For Disbursements Incurred: 03/31/97 Attorney's Title Insurance Fund $ 14.00 04/03/97 Check # 34810 to Attorneys' Title 150.00 Insurance Fund; disbursement for: Inv. #01 -97- 004748 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation At 250.00 per hour SCC worked 2.00 Hours For Professional Services For Disbursements Incurred Current Balance Previous Balance Bill # 26796 2.00 Hours $ 500.00 164.00 $ 664.00 75.00 Total Due $ 739.00 To be properly credited, please indicate Bill Number on your remittance check. For your convenience, we are able to accept payment via credit card. 0? AAA � r -a LCI 4 .J4 ?O5:'a7�t8 T -143 P Ul05 Jco-404 • City of South Miami 200 S. Biscayne Blvd. quite 3580 Miami. FL 33131 FOR PROFESSIONAL SERVICES RENDERED: April 16, 1997 BAILEY & JONES A PROFESSIONAL ASSOCIATION ATTORN[YS AT LAW COURVOISIER CENTRE • OVITE 300 601 9PICKrLL KEY ORIVE MIAMI. FLOR'OA 3=131 -as3 T[L. 13051 374 -6500 FAX 13001 374 -0716 1305/ 374 -7740 Matter: 989404 South Miami, City of - Davis Gardens Owner's & Encumbrance Searches For Disbursements Incurred: a 02/28/97 Attorney's Title Insurance Funds S 219.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation For Professional Services For Disbursements Incurred Current Balance Previous Balance Biel # 26601 0.00 Hours $ 0.00 219.00 $ 219.00 1,940-00 Total Due $ 2,159.00 sass:Waassa To be properly credited/ please indicate Bill Number on your remittance check. For your convenience, we are able to accept payment via credit card. APP. 4 0 AN-L ^-`' 3 c1 `- or: 6A LEI Z . .NE S i.5:1I7 48 i -443 P :Z /05 jco -6W BAILEY & .JONES A PROIESSIONAL ASSOCIATION ' ATTORNEYS AT :AW COURVO,SICR CENTRE • SUITE 300 501 SRICKEL6 KEY ORIVE MIAMI, rLOO10A 3313- -&423 TE.•1305`374 -5506 rAx (306)374-4716 (306,374-7740 City of South Miami 200 S. Biscayne Blvd. Suite- 3580 Miami, H33131 FOR PROFESSIONAL SERVICES RENOEREO: !larch 20, 1997 Matters 989404 ✓ South Miami, City of - Davis Gardens Owner's i Encumbrance Searches - - - �- -------------- 02/13/97 CCD Reviewing letter from Earl G. Gallop regarding owners & encumbrances searches on Pairs Gardens for 17 potts= attention to tax searcheel attention to opaninq new came report i making individual files for 02/18/97 CCD Attention to typing delinquent tax information on various lots at owner Groves Gardens 02/18/97 SCC Examination of title and letter to Mr. Gallop 02/19/97 CCD Attention to organizing file 3.00 S 225.00 0.70 52.50 5.90 1,475.00 0.50 37.50 Total Professional Services $ 1790.00 For Disbursements Incurreds -------------------------- 02/20/97 Check 8 36506 to Attorneys' Title $ 150.00 Insurance fund: disbursement fors Inv.901 -97- 003058 Prior costs and disbursements not coapletely processed in our records will appear in subsequent invoices. (continued) EMCI t.5 -" 13:.7 = on: EA LE( 6 ._hEi ;�53741U3 T -443 P 0510! 1co-6(4 Matters 989404 - !March 20t.1997 Page 2 -• +w- - + +--- --- -- ---- wwwwww- -•w w�rw--.'.-ww- --- �rw-- - -w rw +r Recapitulation At 75.00 per hour CCD worked 4.20 Bourn 250.00 SCC 5.90 For Professional Services 10.10 Sours $ 1'150.00 For Disbursements incurred Bill 1 26432 Total Due $ 11940.00. To be properly credited, please indicate Bill dumber on your remittance check. Fos your convenience, we are able to accept payment via credit card. UUI CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: ayor and Cammisst DATE: July 17, 1997 FROM: Dennis Whitt, City Manager RE: Agenda Item # Comm, Meeting July 22, 1997 New Swimming Program The attached resolution seeks approval to implement a new swimming program for the residents of South Miami. Through an agreement with Mr. and Mrs. Rod Mandelstarn, hwnen of South Miami Gymnastics Center, the City can provide a swimming program that the Commission has asked for in response to citizens' requests. The City will provide coverage of liability insurance which will cost $1,200.00. The funds will be disbursed from account # 001- 2100 - 519.9920, "General Contingency." 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, RELATING TO THE PURCHASE OF 4 LIABILITY INSURANCE OF $1,200.00 THROUGH THE FLORIDA 5 LEAGUE OF CITIES FOR THE SWIMMING PROGRAM SPONSORED BY 6 THE PARKS & RECREATION DEPARTMENT AND PROVIDING FOR 7 DISBURSEMENT THROUGH THE CITY'S GENERAL CONTINGENCY 8 ACCOUNT NUMBER 001 -2100- 519.9920. 9 WHEREAS, the City of South Miami will be starting a.swimming 10 program using the South Miami Gymnastics Center pool; and 11 WHEREAS, the owners Rod & Carol Mandelstam have requested the 12 City to provide liability insurance for the free use of the pool on 13 their property; and 14 15 WHEREAS, this liability insurance would protect the Carod I 16 Inc. Company d /b /a South Miami Gymnastics Center, Rod & Carol 17 Mandelstam (personally) and property for the duration of the Summer 18 Program for specifically the Swimming Program to be held on the 19 site. 20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 Section l: That the purchase of liability insurance for 23 $1,200.00 would be granted for the propose of having a Swimming 24 Program held at the South Miami Gymnastics Center. 25 Section 2: The disbursement for this purchase in the 26 amount of $1,200.00 is charged to the City's general contingency 27 account, 001- 2100 - 519.9920, established by the City Manager. 28 Section 3. This resolution shall take effect immediately 29 upon approval. 30 PASSED AND ADOPTED this day of 1997. 31 ATTEST: APPROVED: 32 33 CITY CLERK MAYOR 34 READ AND APPROVED AS TO FORM: 35 36 CITY ATTORNEY 3 7 - \res.swimming.97 CITY OF SOUTH MIAMI DEPARTMENT OF PARKS AND RECREATION To: L. Dennis Whitt, City Manager Re From: Melvin L. Tooks, Director of Parks & Recreation Subject: Update: Swimming Program Date: July 14, 1997 On July 2, 1997, I contacted Byron Beard, the City's insurance carrier representative with the Florida League of Cities, to add the Corporation owned by the Mandelstrams as additionally insured. He advised me that the City would have to purchase additional insurance in order to cover the private property owned by the Manelstrams'. Private property can not be covered as additionally insured. Only other municipalities or governmental entities. I received the insurance quote on July 10, 1997. The cost for the insurance is approximately $1,200.00. I am requesting that you authorize the purchase as an emergency expenditure, and ratify the expenditure via resolution at the next commission meeting on July 22, 1997. The approval of this expenditure would allow this pogram to begin on July 21, 1997 and extend through the end of August 1997. Please advise if you have any questions. 0 7 -10 -1997 10:02AM FROH Florida League of Cities, Inc. Public Risk Services P.O. Bair 530065 Orlando, FL 32853 -0065 T4: Hakeem Oshikoya FROM.: Byron Beard 1E: Swirnming Lessons DAVE- July 10, 1997 JUL 10 1997 Here are two options to satisfy the insurance requirements for the swimming lessons, P. 1 (407) 425 -9142 (800) 445 -5248 Suncom 344 -0720 Fax (407)'425 -9378 Option 1- :Present the attached certificate to the gymnastic center and see if they will accept it. If so, confirm the name of the certificate holder and provide their mailing address. I will then have it issued, Option 11- This alternative is the purchase of insurance. There will be a liability policy and an accident policy in case the swimmers get hurt. The premiums are: Liability Policy: $550,00 @.i a $1 Million limit Accident Policy: $648.00 for a medical limit of $5,000.00 Hakeeta, the liability policy does not cover injury or death to the swhruners, It, only covers slips and falls by the general public. This policy will include the gymnastics center as an additional insured. The City's League agreement will cover the City for accidents or death to the swimmers, I do not have a market that will oover liability for injury to the swimmers, The accident policy is quoted as a minimum premium, At the end of the program, the company will get an audit of participants and may charge an additional premium depending on the number of participants. If you can give me a number that is more accurate than 30 - 60 participants, I will have the premium refigured. This policy will pay up to $5,000.00 should a swimmer be injured, It is not necessary to prove negligence. If the City and the center will each be responsible for their own negligence, Option I is obviously preferred, If insurance is required, then the cost will be around $1,200.00. Please feel free to call if you have any questions. Florida Municipal Insurance Trust aq 7-10-1997 10:03AM FROM P,2 CERTIFICATE OF COVERAGE Callifiem Nt C AdminfalmW Issue Oft 07/007 es KAROI_D I CORP DRA ftritlis Lmous of CMet. Im. $OUT" MIAMI GYMNA$nCS CENTER Public Risk SoMeas CAROL & RODNEY MANML-STRAUS PAX Box wom Odonda. Fi&*% 328634066 CW0ZhAfJft Tm;s %; -M QATM TIMT TM,1QWAdW VAOW 1W Ubt M ft To ?a 0=21ATilt, X5W= poe no ppMk" MM WCATM "Bit TQAL?.TW7=A4. ft7 Ltdlpeli ANp CYR= AGnDeq, COVERIACIS PRWOCQ sy. FLORIDA MUNICIPAL IMSUKANCE TRUST ACPMW Id w 60 00%TRAM P� UVIBER, 7— wuw 12= 0"Alpt ft d roe TyPfi cW CCWWE - UABL" TYPE OF COVERAGE - mpmy G*mml Lbig" []mvUdmF 4:0mpmWP*4# ameam Llabft, ftdiV Injury, Pripartv [:]Basft Few mar.w " ftmonal Injury Dsxxw Pam OWS ON Omissions LWb* perearm Property S►OM BMCM "nam AdnwimAnotmon UnWity C] Bask prwm CM600$ AftWKWAAbdical DftftW MWOOsclo. Ltablllb []Special Fam Z] Broad Fe mpery OAMW []AcjWW Afiladag Low Ef&m"W Usably Dwwcwm 5 URdst1tGU4, twp"LOOI A COSKU N KMtd Qcetmwrafroe El 01111amw theft of Ll"hy L]"Oft $100.000 ago ftr3w or "Cou6ined Skqk LirWo [31%pi'ver6m cod SMIM Each oftu"ftev 0MW CAKto Value 0mudmis jjAw 0""090"anvow Atdwm*W& Llahlft Mope [3Al owned Auan Dft Processing []AN OWA44 AMM (Oftr $04 prly, pUgj QHlred ALAU [] W-Oww)44 AIRM Lb 1a of Usimw on Fie VAU# Admittistrat& Lima of uwjw 300,000 E00 pm"n csem&f4o 4;kip UV4 Pmoao goo ocauffooge Owmeftle Elphy6ical Xqa COmOmberwAft -Auto S .M, C89SIM -Aub $ wo4stm"ams stlolomwit eJmplar -TP4 M* Of llwulk is 3 100,000 Boo b*(Y *ndAv ftapony GmAm Par WWI' or $200.00 bony Injury ArAbr Re" Now" per 6cavy"90. The" speaft lie* 4f wwow 4" wrioased to $1 '1=04m 40"bited sift& ft1f) per dawroervot. saisty W any liabiliv maukifto ftm efflry of a asirm bill pwamant to Section 76&= 0) fLlasso $l0rulas ar &vbWky IfApoge pumuset to Federal Low go actions ouUkle vw &a* of flows. nostAphoro of rradpr fLaeatlprlifVOfdoicif8petiat *a" RE SOoliff"ft L"SW* gc"bcI&$ by toe Coy. The L F#Jrr will d&ftnd ft Cold kew "older for a%q#,gfjd eOsr mn fl m afteik.* of sob. maligaw, ftft d9RIVICATE 16JIMMAS A MT= 0F#&QwA"mw guLy AmaMatn W ROM Uqm 711E "*W A4170 YOG 9WA9LUE APPOWD Vy rR AGNZ11WT 062mmWED w6meft HAKEEM OSMKOYA Wo" ANY P"'t Be "a A*MBW1=o OXWM 01 rA%MLtb AMU TM WM7AW PAU TOMV, YOM MW ftWAM ^%, NOWIAM U VML j, CITY OF SOUTH MIAMI "YO vurrm NO= T*TmrJwTwrA7w RAM WNSP AIM, wrFAmme To 6130 SUNSIET DRIVE lt WM 4 MV2 S"M "Non'* OW-W-AT" 04 U%*bJTyQF -MY XAW VOON W&UM. M AWN 011 OPPOWCAWAM SOUTH MIAMI FL 33143 FYPt7iN'r ASIA r� CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 VY TO: Mayor and Commission D TE: July 18, 1997 FROM: L. e , C r RE: Agenda Item # Comm. Meeting July 22, 1997 Line Item Transfers This resolution approves transfer of any unencumbered appropriation balance from one office department to another as required, pursuant to Article IV F (1) of the City Charter. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, APPROVING AND ADOPTING THE 5 RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS 6 AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY 7 DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F (1) OF THE CITY 8 CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 9 1997, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH 10 MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. 11 12 13 WHEREAS, Article IV F (1) of the Charter of the City of South Miami, Florida, 14 provides; 15 16 At the request of the City Manager and within the last three months of the budget year, 17 the Commission may, by resolution, transfer any encumbered appropriation balance or 18 portion thereof from one office department to another; and 19 20 WHEREAS, the City Manager has set forth a series of recommendations in the 21 attached itemized list to transfer line items from one City department to another as of the end of the 22 budget year ending September 30, 1997. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSI9ON OF 25 THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. That the recommendations of the City Manager be, and hereby are, approved and 28 adopted as set forth in the attached itemized list to transfer line items from one city department to 29 another pursuant to the City Charter as of the end of the budget year ended September 30, 1997. 30 31 Section 2. That the City Manager be, and hereby is, authorized to take such measures as are 32 necessary to accomplish those transfers. 33 34 PASSED AND ADOPTED this day of July 1997. 35 36 37 ATTEST: APPROVED: 38 39 40 41 CITY CLERK ANNA M. PRICE 42 MAYOR 43 44 45 READ AND APPROVED AS TO FORM: 46 47 48 49 CITY ATTORNEY CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET Wo v ■ ©j $10,000 $6,000 $16,000 - $10,0001 - - � $6,000 � $16,000 I $5,000 $8,000 $13,000 $1,100 6,200 4,500 -- 1,300 1,000 1 5,500 4,500 (2,000) i - 2,500 5,000 - 30,0001 1,000 6,000 0 24,000 725 725 30,000 (2,000) 28,000 45,000 ($7,200); (30,000)'' $49,600 15,000 - - $94,000 -- ($23,275), , $70,725 _$_40,000 ($15,000) $25,000 67,000 _ (7,000) 60,000 $107,000 ($22,000) $85,000 - $200,000 2 $180,000 - - - - 15,000_.. - -----020,000)!i 0 -� - -- - -- -_ 15,000 $215,000 ($20,000)', $195,000 $25,000 $10,000 $35,000 140,000 (1 000), - 139,000 300,0001 (10,000) 290,000 $465,000 ($1,000), -- $464,000 $1,100 $0 $1,100 6,200 - - - -- 1,300 7,500 17,500 (2,500) 15,000 30,0001 (6,000); 24,000 2,000 0 2,000 06,800 ($7,200); $49,600 CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET EVA mm CITY OF SOUTH MIAMI BUDGET mm 7 CITY OF SOUTH MIAMI BUDGET B C 01 13 10 512 $65,000 78,112 7,000 0 11,484 10,635 $172,231 , $1,500 2,000 4,800 1,000 1,000 500_ 15,000 2,000 1,000 $28,800 $0 0 $201,031 I ADJUSTMENT RECOMMENDED 1996-97 E $0 $65,000 1,360 79,472 25 7,025 18 18 107 11,591 (920 ) 9,715 $590 $172,821 $0 $1,500 (500) 1,500 0 4,800 0 1,000 0 1,000 450 (5,000)1 400 2,400 300 1,300 ($4,850) $23,9 - 50 $217 $217 500 500 $717] $717 ($3,543)-- -- $197,488 ME Knu CITY OF SOUTH MIAMI BUDGET I I A B C D E 11771 Oil 14 00 513 ADJUSTMENT Tt RECOMMENDED bi d 1996-97 milill, $35,794 $58211 $36,376 2,738 45 2,783 1,7-75- — - — ----- 1,765 $40,307 $617 $40,924 $350 i ($325) $25 15,000 0 15,000 2,500 500 3,000 5,500 --(1,789)1--,--- 3,711 17,000 (430) 16,570 1,500 --- --- 135 j 1,635 20)000 0 2-0,000- loo I 0-i 100 - --- - 400 ---- (135) -- - 265 $62,350 ($2,044) $60,306 $7,780 $0 $7,780 $7,780 $0 $7,780 $110,437 ($1,427) $109,010 CITY OF SOUTH MIAMI BUDGET all 4' A B C D E 217 218 " 01 219 14 220 10 221 513E - 223 ADJUSTMENT 224 00m, � RECOMMENDED 1996 -9797 226,. 227 $90,432 ($951 $90,337 228 100,851 141 100,992 229 0 0 0 230 500 0 500 231 14,672 3 14,675 232 11,138 (547) 10,591 233 234 $217 593 ($498) $217,095 235 236 237 $700 $0 $700 238 1,700 (200) 1,500 239 6,500 0 6,500 240 4_,2001 (100)' 4,100 241 1,450 (50) -- - 1,400 242 243 $14,550 ($350) $14,200 244 245 -- - - 246 - $1,5191 �- ($19) - $1,500 247 248 $1,519 ($19)i, $1,500 249 250 $233,662 - ($867) $232,795 - - -- 252 253 - - 254 255 all 4' CITY OF SOUTH MIAMI BUDGET A B C D E 256 01 257 14 258 20 259 5191 - - - 260 261 r AM L ADJUSTMENT ANDED,' 262 RECOMMENDED!,,! 1996 �g -97 ` 264 265 $278,200 ($18,200) $260,000 266 20,000 (5,000){ 15,000 267 _ 224,700 6,300 231,000 268 700 6741 1,374 269 2,750 (188) 2,562 270 1,250 - - (98)1 1,152 271 -- - - 20,000 (5,000); 15,000 272 273 $547,600 ($21,512) $526,088 274 -- 275 CITY OF SOUTH MIAMI BUDGET A B C D E 276 277 01 278 - - -- - 151- - 279 00 — gan 5141 ADJUSTMENT RECOMMENDED 1996 -97 $60,000 $0 $60,000 25,0001 35,000 60,000 - 20,000 (19,850) 150 40,000 (30,000) - 10,000 2,400 0 2,400 350 (150) 200 855 145 1,000 $148,605 - ($14,855) $133,750 $750 ($250); $500 $750 ($250)' $500 1149,355 ($15,105) $134,250 -- CITY OF SOUTH MIAMI BUDGET �s A B C D E 309 310 01 311 1610 - 312 10 313 - -- -- 314 - 315 ACTUAL ADOPTED 316 1995 -96 1995 -96 317 1 318 $54,012 - -- $0 -_ - - -- 319 283,457 0 320 321 1,625 25,927 0 0 322 18,760 0 323 i 324 $383,781 - - - $0 -- -- 325 326 327 $0 _ - -- $0 -- 328 1,546 ® 83,484 0j 330 8,810 0 331 7,951 0 332 3,151 j 0 333 338 0 6,540 -0 -- 335 11,128 0 336 780 0 337 2,094 0 338 339 $125,823 $0 340 341 342 $4,689 $0 343 340 - -- - 0 -- - - 344 345 $5,029 $0 346 ' 347 $514,632 1 $0 348 - -- --------------- - -- 349 0 0, 350 351 THIS PAGE IS PRINTED ON RECYCLED PAPER _ �s CITY OF SOUTH MIAMI BUDGET 0 1,8001 1,800 $i—oo 1,800 F $2,500 CITY OF SOUTH MIAMI BUDGET ADJUSTMENT1�IEN���'`:;', RECOMMENDED 9 \\ 1996 -97 " $40,981 - -- ($50) ' $4_0,931 107,417 - 15,127 ] 122,544 3,920 i (3,920) $1,353 0 2,003 - -- -- 999 - 3,002 11,806 ; 929 12,735 9,512 653 10,165 3,355 145 3,500 $175,639 $13,738 1 $189,377 $564 - -- - - -- $401 ' - $3,500 5,568- i - -- $3,920 (393)L ] $7,420 5,175 3,000 i 0 $1,353 3,000 - -- -I 1,840 - -- -- - -- 0 - -- 1,840 1,154 0 1,154 - - - -- -- - - - - -- 25,760 -- 0 25,7 60 _ 3,355 145 3,500 1,615 0 1,615 - - - - - -- $45,792 I--- % $3,672 $49,464 $564 - -- - - -- $401 ' - - -- - $965 0 388 ] 388 $564 i $789 $1,353 $221,995 $18,199 $240,194 m CITY OF SOUTH MIAMI BUDGET 435 01 XXX ge -4biUSTMENT —f (38,547) 801,748 460,000 62,000 512,000 11500 0 1,500 475250 5,350 52,600 2,000 ol 2,000 68,430 3,000 71,430 52, 000 0 52,000 261660 (31195) 23,465 9,020 140 9,160 82 oi 82,620 46,000 ol 46,000 331,000 (3 006) 30,000 11320 1 O� 1,320 166,500 29,556 196,056 $16991010 $30,582 1 $199,682 CITY OF SOUTH MIAMI BUDGET $O $O 4,000 0 4,000 8,126 (566) 7560 47, 5,350 52,600 65,430 o 65,430 11,560 (560) 11,000 860 140 1,000 $O $O CITY OF SOUTH MIAMI BUDGET A B C D E 529 530 01 531 17' -- -_ .. - - 532 20 533 - -- 534 534 535 v ADJUSTMENT EIN •,: 536 ,» A RECOMMENDED WN?��, 1996 97 - 538 539 $398,25 - -- - 1$23,246) - _ $375,005 540 30,000 0 30,000 541 32,761 (1,778) 30,983 542 26,511 (2,314)1- _ - 24,197 544 $487,523 ' ($27,338) $460,185 545 546- 547 548 $653000 $8,200 $73,200 549 - 460,000 _ ' - - - 52,000 - - -- ' 5129000 550 2,700- �- - (1,620) 1,080 551 4,085 0 4,085 552 �i 553 $531,785 $58,58011 -- $590,365 554 555 556 $50 0 ,250 1- $3,831 $54081 , - _ - - - -- - - - -- _ - - - 558 $50,250 -- - -- - --$3,831_ $54,081- 559 560 $1,069,558 - - $35,073_]____ $1,104,631 561 -- - - - - -- �I -- - - - - -- - - -- 562 14 - - 15 15 563 CITY OF SOUTH MIAMI BUDGET 0 ■ 01 i $63,499 (500) 17 486 5,202 30 4,381 519 $77,582 ($2,100)', $1,500 ADJUSTMENT I DES;, (4,575)': RECOMMENDED- -AV 3,085 - 1996-97 X996 %i $56,649 5,000 _ 4,716 3,709 $70,074 $3,600 7,000 85,575 3_,000 430 $0 61,750 $61,750 $231,429 $6,850 $63,499 (500) 4,500 486 5,202 672 4,381 - $7,508 $77,582 ($2,100)', $1,500 (1,000):! 6,000 (4,575)': 81,000 85 ! - - 3,085 - V 430 ($7,590)', $92,015 $646' $646 725 62,475 $1,371 - $63,121 $1,289 $232,718 wim CITY OF SOUTH MIAMI BUDGET $76,974 A B C L D E 602 3,650 - _ -- -($8,921)1 (2,650)] 603 1,000 01' 604 171 6,039 605 (1,646) 50 4,393 606 519 607 608 `� ADJUSTMENT Air BEd, 609 _._ RECOMMENDEDET 3,000 6106 3,000 $7 1996 97 6 9 8,1001 _ (1,100) -- 611 645 ; 0 $76,974 $68,053 3,650 - _ -- -($8,921)1 (2,650)] 1,000 6,118 (835) 5,283 6,039 (1,646) 4,393 $92,781 ($14,052) $78,729 29,409 _ (23,000) _ _ 6,409 3,000 3,000 6,000 8,1001 _ (1,100) -- 7,000 645 ; 0 645 $41,1541 ($21,100)1 $20,054 $.0 I $0 - $133,935 CITY OF SOUTH MIAMI BUDGET 1 $600 $0 I $600 3,250_; 6,010 2,000 --2,760_[___ 0I 2,000 52,000 0 52,000 3,000 _ 0 3,000 823620 0 82,620 46_,000 L 0 46,000 33,000 -- (3,000) _ 30,000 7,000 0 j 7,000 $229,470 I ($240) I $229,230 CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET $363,324 1,963,915 47,496 220,000 18,480 67,000 206,051 120,223 13,260 $3,019,749 ADJUSTMENT RECOMMENDED 1996-97 ($3,934)1 $359,390 (171,331)� 1,792,584 (118,19-6) 291,300 0 220,000 400 18,880 (7,000) 60,000 (15,374) 190,677 (13,238):; 106,985 (910)' 12,350 ($229,583)] $2,790,166 U,8- -45 ($2,8-4-5--) $6,000 28,716 10,809, _39,525 5,350 (350) 5,000 1,500 (200)1 1,300 9,560 1,440 i 11,000 4,550 4,549 14,150 5,850 20,000 30,623 -4 (5,623) 25,000 2,000 100 0 ----1,000 100 - 6,600 400 7,000 1,000 0 1,000 315296 ---------- ----- -- (6,296) 25,00 42,560 0 42,560 1,735 1,765 1 3,500 -------- - $188 $3,949 $192,534 $7,703 ($703).-------- V,0-0-0- 146,3381 (6,338) 140,000 $154,041 ($7,041) $147,000 $3,362,375 $3,129,700 ($232,675), CITY OF SOUTH MIAMI BUDGET A A B C D E 818 - -U1 L- - -L - -- -- 819 - 20 -- - 820 00 821 572]- -- - -_I 822 - ADJUSTMEN T AMNi�Ep 824 `� �'�� � RECOMMENDED 63106E ?� �� -97 1996 -97 826 g27 $54,089 _ $21,3891 $75,478 82g 190,488 (30,644) 159,844 829 25,670 - (5,389)] 20,281 830 0 2,307 ! 2,307 831 209674 (944)1 - 19,730 832 20,443 (6,141) 14,302 833 834 $311,364 ($19,422) - $291,942 835 _ 836 837 - $5,414 ($5,414) $0 838 15,750 0 - 15,750 839 6,720 (2) 6,718 840 1,700 0 1,700 841 28,000 0 28,000 842 50,000 (21000) l 48,000 843 - -- - - -- 55000 0 5,000 844 7,300 0 7,300 845 5,500 01 5,500 846 2,800 0 1 2,800 847 1,000 0 1,000 - -8,490 (1,490)', 7,000 849 9,555 (192), 9,363 850 2,650 0-i 2,650 851 6,500 - - - - - -- (500)', 6,000 - 852 23,000 0 23,000 853 3,800 0 3,800 854 4,200 0 4,200 855 3,440- (917)1 2,523_ 856 - 2,000 - -- - - 0 2,000 857 1,185 (35) 1,150 g5g 16,000 (985) 15,015 859 6,200 0 r 6,200 860 7,000 0 7,000 862 $223,204 ($11,535)1 $211,669 863 I 864 1 865 $1,200 - -- $0 $1,200 866 - - 44,194 (604)! -- - - -- 43,590 867 868 $45,394 -- ($604) $44,790 870 $579,962 - $31 5 (61) - , $548 401 872 873 874 875 A CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET CITY OF SOUTH MIAMI BUDGET m CITY OF SOUTH MIAMI BUDGET � +4 CITY OF SOUTH MIAMI BUDGET 17P 21,478 64,729 50,900 50,000 5,900 $100,000 100,000 $100,000 CITY OF SOUTH MIAMI BUDGET 6 521 . . .......... . g, 0 $60,0-00 11-------($6-0,000)! $0 5,000 (5,000), 0 200__j (200) l L 0 1,000 1,000 2,000 115,430 171,180 $181,630 ($64,200) $173,180 $5,000 $2,762 383 (171): 212 5,000 (5,000), 0 0 ov 0 --- - - (1000). 8,000 (8,000): i V 0 15,000 (12,400); 2,600 500 1 (500) 0 1,50-0.-! 0 100 (1 00) 0 0 oi 1,000 1,000 2,000 100 (100) 0 01 0 -II 0 37,583 -(30,00 1 9 ), 7,574 144,047 165,606 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 I TO: or and Commission DATE: July 18, 1997 �FROM: L. Dennis Whit , a er RE: Agenda Item # ;07 Comm. Meeting July 22, 1997 Line Item Transfers This ordinance provides for increasing the membership of the Recreation Advisory Board from five (5) to seven (7) members. � � /N� a �� � if ��o S�� O O EINSTEIN BROS. BAGFLS U.S.1 & 73RD STREET MIAMI, FLORIDA ELEVATION O €g € j U.S.1 & 73RD STREET g DMIAMI, FLORIDA ® $ P A~ EQUIPMENT PLAN 3 r E EINSTEIN BROS. BAGELS € j tI Q FINSTFIN BROS. RAGEI_S 9 5948 SOUTH DIXIE HIGHWAY 6 SOUTH MIAMI, FLORIDA SITE N AN .. 3 z �Z � ao \UO O 00 \ X - So\ p Cijy V) w ^ ti� \ D � \ 2IN �0w / N a \ i C €g UT i 5948 SOUTH DIXIE HIGHWAY $ A g ' Q SOUTH MIAMI, FLORIDA • SITE PLAN i 6 EINSTEIN BROS. BAGELS C i • • E J 7. fi �A d t USi & 73RD STREET s i MIANU, FLORIDA $ A ' EQUPMENT PLAN i a • I I I E EINSTEIN BROS. BAGELS d ss�p HAM, FLORIDA t $ . , ELEVATION ���- � I a i i E EWSTEIN BROS. BAGELS i a US.1 & 73RD STREET D c �a ca O Cg^J Rim- G7 ;R a ss�p HAM, FLORIDA t $ . , ELEVATION ���- � I a i i E EWSTEIN BROS. BAGELS i a US.1 & 73RD STREET D c c U - � "� - 1 ,_� _ ,_ f _ _ � � --